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Home My WebLink About20001297.tiff 41 aippi r i i jugs APPLICATIO FLOW SHEET COLORADO APPLICANT: 1740 Skyway Dr., LLC CASE #: SPR-307 REQUEST: Site Plan Review for office and warehouse uses in the PUD (C-311-1) zone LEGAL: Lot 5, Block 3, Vista Commercial Center, Filing 1 LOCATION: North of and adjacent to SH 119; Approx. 2.5 miles west of 1-25 PARCEL ID #: 1313 08 10 3005 ACRES: 1.61 +/- acres Date By Application Received 9-24-99 bjp Application Completed 9-24-99 bjp Referrals listed 9-28-99 bjp File assembled C./.. O L-1 (11 lka Letter to applicant mailed11 j�� 1 /7141 \Ifil Vicinity map prepared Referrals mailed (_ I)CI ./Qtj Chaindexed (? ��3_,/ ?TUB I / Field check by DPS staff \�/ 1 /a of 1'j' Administrative Review decision: $ u€Q I I./5lI et \ape Date By County Commisioners Hearing Date(if applicable) Surrounding property owners notified Air photo and maps prepared /0-/—‘1.17 A a • CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning _Ay V1.1'2 &r-*/3- Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes_ No x_ Panel#: 080266 0850 C 2000-1297 i )llLIl %i 1740 Skyway Drive, Ile 1800 Pike Road Longmont,Colorado 80501 303-772-8348 voice 303-772-8565 fax Thursday, March 9, 2000 Mr. Kim Ogle Current Planner II Department of Planning Services veld County PLinnihb L Weld County Colorado 1555 North 17`n Avenue 13 Greeley, Colorado 80631 2000 RE: Resubmission of SPR 307 Dear Mr. Ogle: Thanks for you help and direction regarding our 1740 Skyway Drive Condominium project. I have made all the revisions, which we discussed, to the plans. Additionally, I have discussed with the County Attorney and Public Works personal regarding the Improvements Agreement According Policy Regarding Collateral for Improvements— (Private Road Maintenance). I have attached the necessary schedules A &B. Also enclosed is the back up for the landscaping which we discussed. We respectfully request that the landscaping schedule be used only for the internal use of the County and not made part of a public document. After your review please fell free to call me directly so that we can move forward with scheduling a hearing if applicable. Thanks for your attention to this matter. Sincerely, G / Wendell Gene Pickett Vice President of Operations Cc: Henry Braly Jon Cook Robin Nissen , /l SITE PLAN REVIEW APPLICATION pp Application Fee t0 V - Receipt Number (tag`"►r` Case Number`)C ( 357 Recording Fee Receipt Number Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Plea re print or type, except for necessary signature). LEGAL DESCRIPTION OF PROPERTY: LO 5 re1//0ck 3 1 b a✓N/keeCi'1 Sgle RV' 1 (Attach generate sheet if necessary) II PARCEL NUMBER: ! 3 % 0 3 I 0 ,_0 D 5 (12 digit number found on Tax I.D. Number or obtained in the Assessor's Office. J , 'n,r' PROPERTY ADDRESS (if available) / /.y L/D ch el I.KJ /g Lo A 4 c' if Co g-�4 PRESENT ZONE S1 Li hJ to�g/ OVERLAY ZONES TOTAL ACREAGE t lJ 1 ACRESS /�� PROPOSED USE Fire F UM- 5IO4c( icAt_t Lc.1l12F/ocsef smicUU rJ PROPERTY OWNER: Name: _ /740 S 4.4-01? City / L .C. // �M 6/c Address: feet) Pike. 4.4-aP City Zattgo Zip 405.° 1 Home Telephone r?tQ 4/a M2_ Business Telephone 363_9SY-7 APPLICANT OR AUTHORIZED AGENT (if different than above): Name:_ �a! eoo4Atonic>ttr(c{�EiCS 4.1eiie_ Address: �� Uc 2-' City �Ziip e6533Home Telephone . '�7G - 6402_ Business Telephone 3b3'77( "103 I'73 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct t he best of my kno dge. 2 veld County Plan 7" g T =P ignature: Owner r Authorized Agent SEP 23 1999 RECEEVyn 9 SITE PLAN CERTIFICATION I hereby/certiffy that the uses, buildings, and tructures u located on: /� Lt4-5 1�j/oGlc ? V C 44P-.QP!')G-� &J L id K 1 are (legal description) l designed and will be constructed and operated in accordance with the applicable performance standards and district requirements for the (L74.1 .1-A0CIST2 ' zone district as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing instrument was subscribed and sworn to yefore me this CI day of 1 f . &I , 19 c , by`7 9 // L tit 7r r (.it,<t- --- WITNESS my hand and official seal. /4./ 2^i 1 S My Commission expires: << d � C;J . 'eak‘i Co /lei /(44/ f C,„cliOTq'•.e9r Notary Pu is 9 •• i • �'N �i. II 4,1 °°°°°• o 10 1740 Skyway Drive Vista Commercial Center Thursday, September 02, 1999 Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: 1740 Skyway Drive Site Plan Review Submittal Dear Planner: Please accept the enclosed package as our initial submission for 1740 Skyway Drive, Longmont, Colorado 80504. Within this letter we will address the various issues requested by the Site Plan Review Requirements Application. Please feel free to contact us directly with any questions or comments. Attachments-Application Requirements-Weld Numbering System In an attempt to make it easier for you to review we have responded to each of the numbered request identified on pages 2,3,&4 of the Application Requirements for a site Plan Review. 1: Site Plan Review application - Completed & attached 2: Site Plan Review and Certification Form -Completed & attached 3: Deed - Attached 4: Not Applicable. 5: Condo Declaration - Attached 6: Purposed Use: The property will be used a flexible office/warehouse for individual tenants/ owners. 7: Service Letters from Left Hand Water District - Attached 8: Service Letter from St. Vrain Sanitation District - Attached 9: Completed Weld County Road Access Plan—Completed & attached 10: The number of employees is unknown at this time. 11: State regarding setbacks and offset requirement. We believe that the project meets the setback and offset requirements. 12: Included with scaled drawings. 13: Sign detail shown on Site Plan Drawing& Elevations to scale. 14A: Detail calculations are shown in text on the Site Plan. 14B. Detailed on Site Plan. 14C Detailed Berm and landscaping plans shown on the submitted plans. 14D: The landscaping plan is included within the submitted plans. 14E: The Condo Declarations include provisions for the association to maintain the landscaping for the project. However, until such time as the condo association is formed and the operational the owners/ developer will be responsible for the ongoing maintenance of the projects landscaping. This shall include the installation of a drip watering system and hiring of lawn service. 15: Please sees the submitted plans for calculation of coverage. Additionally, please review the letter submitted by Pickett Engineering. 16: We believe that we exceed the parking standards. 17: We believe we met the loading requirements, identified in 18 & 19. 20: We believe that we meet the road connection requirement. 21A-G:Detail shown on site plan. 22: Not applicable. 23: Screen common trash collection is shown and provided on the plans. The condo associations will maintain it. Larger generators will have to provide for a trash receptacle within their own area. 24: Our intent is for all tenant's/ owners to comply with the identified regulations. We respectfully submit this package for your review. Please feel free to contact us as soon as any question or concern arises. We wish to be responsive and work through any deficiencies and issues. Sincerely, ,r� -41114'4— K s wJ�p T = < N ox tt Di H in to g 914 I A._ __(' ( ILI r 1 X X J �` Zl F- J W n ( 1 Z U Z 0j Z O J II I I d1 N J - .O-,I I E Q fi .o-s -�f Road File # • RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 r7Fax: (970) 304-6497 Q I. Applicant Name (� C.JAz,acive 7 U-C Phone 3— 726— `��3 Address /Set Pi-42. 12oord ( City 4rga4- State Zip SonaI__ 2. Address or location of access_ /7'o SKyt,Jkz, !7-�[FL2 , Ls�r�SMat— Section Township 1 � I' 1 Range Subdivision VrcI [/4tma,alrq-r e de Block 3 Lot S__ Weld County Road /4 Side of Road Distance from nearest intersection tir END r T1?+ 3. Is there an existing access to the property? Yes No it #of accesses 4. Proposed Use: Permanent ❑ Residential/Agricultural O'lndustrial LI Temporary LI Subdivision UrCommercial U Other ***.****.*******************************************************************************_****r.*.*****., :,...: 5. Site Sketch Legend for Access Description: AG Agricultural '{ , i4 -.,, , RES Residential Ink O&G — Oil & Gas D.R. Ditch Road = House O Shed U4sT. Utew be. RooSk wc:y Or '1 O ************************************ *********************************************************************** OFFICE USE ONLY: Road_ ADT Date _ Accidents Date Road __ ADT _ Date Accidents Date Drainage Requirement Culvert _ Size_ Length Special Conditions **************************************.**************************************v****.*******.*****l.♦. n*. ,.. ❑ Installation authorized U Information Insufficient Reviewed 13y: Title: n-opines cn1' 'mcm'�� .,- g7A.R.flANTY DEED 73I5 CITED, Made this day of August 2, 1999, between e ORZZON INV ES'RtE NTS, TrI,C of toe County of DOULCER and State of C0L0RAC0, grantor, and III Jam❑ 0. COOK !I ukases legal address is P.O. B0C 74, HYGCEt1E, CC 60533-3074 of the County of EGULDER it and State of COLORADO , grantee: in:C+, SETF that the granter, for and an consideration of tie stn of $102,S l tr.e receipt and .r--t'i earn of which, is hereby acknowledged,en, has granted, Taheir e soli a::o conveyed, se and ty these presents does bargain, sell, convey and confirm unto the Santee, their Furs and assigns forever, i the real property, III if any, situate, is and being in Ito County of 6_� and State of Colorado, described [;eth e.- wish improvements, lying in, follows: Lo: 5, BLOCK 3, JISTA COMMERCIAL CENTER FILING I, WELD COUNTY, COLORADO, ACCORDING TO THE CORRECTED PLAT RECORDED AUGUST 28, 1997 IN LOCK 1623 AS RECEPTION NO. 2566006. i II I II I II NT CO 60504 '� umbez 1740 SKYWAY DRIVE, ONGv.,.., 0..O , also known as street and n TOOT PiR with all and singular the hereditaments and appurtenances tnereuna belonging, or ir. aew!se appertaining and tie :eversion and reversions, remainder and remainders, rents, issues and 't, thereof, ' al l the estate, :lint, title, interest, claim and demand whatsoever of the said grantor, either isw or egs'ty, of, So and to the ' :have bargained ;remises, with the hereditatents and appurtenances. II ,TO RAYS 3 70 HOLD the said premises above bargained and descrided, with she pn era ce .�_ he said nentee their heirs and assigns forever. And the said grantor, forh'cse:f, reins, sno senora':ra: representatives, ,I es coverasnt, grant, Bargain and agree to and with the y a:dee -heir heirs nd ,r. the „e of the sealing and delivery of these presents, :s well seized of roe x-.i s e., arose conveyed; od, sc e feet, IeIss � 2 n- a5 powE a _rte and indefeasible, estate of df corny the same in manner i rs .. ,,.` Ps sod � the sane a e ex a,,. 'stn from all fortes and other e grants, by gTRIO sales, .:ens roses, ,se s e .. E C iC EXCEPT FC3 T;d+.5 FOR TIC Cl1Avn' CAR, d LIEN NOT YET DUE A]'Aa' --i F:5, '_.ever wino JC nature scever,E, ' P1;STZICTlO55, COVENANTS AND R:C.'CS-0E-WAY OF R5CORD, IF A.AT, I, The grantor shall and will WARRANT AN,t FOREVER DEFEND the above-3aroai red premises in the stint and peaceable so ess.or, of the grantee his heirs and assigns, against all and every n tensors claiming t.e whole ' or any par- thereon The sinyiar number shall include the plural .'e plgral the singdiar, and the use of any gender il e.all to applio:.b:e to all genders. •I IN =ITSESE ks4EGF, the grantor has axedoted this deed on the.,..--, set `o nth above. ,/.x�/} :-.-^ y, L rt.-,r„- FYI's/,✓-Mrs — h.e-l.,a _1.7,S-,Z. - i% �2y^^ DCA/%ice/.�v� L/ C PIKE CF COLORADO ;II Ins. III O]L'TY OF Bec:,;ca 1 � _ I, was ackcowled e' fore .:e this day.of k-gast 2, TIPS :- Taa fgregoing 9 t 1, Alf �LL,.C. �� d. 1<u sap¢A.A Stu-e.�r 1-Y � h -,-.x"--., �. u � 1_ ._ 5 FJ"5TNINTE :.LC L1 Ii g V Ny-Comission cupires:-S>.30<L1,570 Witness ny ha0d at! ot!oia'l seal. . � Notary � � A a:) dub=it: I I 332A Rev, 7—EI ND IPhotagraphid Feccrdl Caset 10715'{ U RITE $ <.a FT September 13, 1999 PICKETT SE? b 1911 F N(7 VEERING, INC. Wendall Pickett Frontier Companies 1800 Pike Road Longmont, Colorado 80501 Re: Lot 5,Block 3,Vista Commercial Center PEI#99-029 Dear Mr. Picket I have reviewed your Site Landscape Plan,Drawing A-3. dated September 8, 1999,which indicates the proposed drainage patterns for the above referencedlot. Vista Commercial Center is a subdivision which provides detention for the entire subdivision along the northern boundary of the property adjacent to Highway 119. Therefore, individual lot owners are not required to provide detention on their property, but are to collect and convey their stormwater to the side ditches of the adjacent roadways. In this case. Skyway Drive is the destination of your stormwater runoff as your grading plan reflects. In addition. it appears that for the 10-year storm and the 100-year storm the peak runoff rates will be 7.65 efs and 12.I c.fs, respectively. It appears that the site is to be graded such that approximately 57%flows to the west driveway and 43% flows to the east driveway. The site is to receive asphalt paving with concrete curb and gutter. The concrete curb and gutter will convey the stormwater to the driveways. Since the curb and gutter is expected to end at the property line you may choose from several options to get the water into the side ditch. I would recommend, for aesthetic purposes, to use a concrete flume,although you could use a riprap channel to convey the water to your side ditches. In addition,your driveway culverts should he on the order of 24"to 30"to safely convey the ditch water from your site and the properties to the west. It appears that your grading concept should convey the water to the ditches. Should you have any other questions,or if the engineers at the Weld County Public Works Department have , do not hesitate to call me. Sincerely, PICKETT ENGINEEK(N I®714c4o,,�os 77 �, ICrij,tt�, y� G ( 3 Preside. / y�/j/9q KAP/jz bJ` 4a enclosures 210 Bank One Plaza — 822 7th Street — Greeley, CO 80631 I'hone (970) 356-6362 - Fax (970) 356-6486 pickett@ctos.com Vista Commercial Center, Filing I Lot 5,Block 3 Drainage Report Area: 1.615 acres (70,345 s.f.) Cdev: 0.81 = (0.95 x 55,374 / 70,345) + (0.3 x 14,971 / 70,345) Te=(50/ 60x3) + (510 / 60x1.5)=6 min. Xio = 5.85 in/hr A.i oo=9.24 in/hr West 57% East 43% Qio = 1.615 x 5.85 x 0.81 = 7.65 cfs 4.36 cfs 3.29 cfs Qioo = 1.615 x 9.24 x 0.81 = 12.1 cfs 6.90 cfs 5.20 cfs These are total runoff values for site. All runoff is conveyed via roadside ditch to subdivision detention facilities. Driveway culvert - Check for 24"to 30" RCP with F.E.S. Sep-03-99 03 : 41P Lef Hand Water Dist 30_ 530 5252 P . 02 LEFT 'HAND WATER DISTRICT Septennbor'3. 1999 Attention: Wendel Gen Pickett Fax# 772-8565 Re: 1740 Skyway Drive a k a. BIk 3 Lot 5 TO WHOM I-1 MAY CONCERN: The property lo.ated at the above address or legal description is within the "Service Area" of Left Hand Water District, The tap fee for the above named property has not been paid in f !I However, this will entitle one living unit to receive water service at this location It you have any further questions regarding this matter, you may contact me at the District office. Sincerely, • fir- -�^V� ��' Kathryn A Peterson General Manager KP/mu P.O. licrt Z10 •Niwor t o• 80544 •i303) 530-4290• Fax (303)539-5252 cSt. 'RAtadn ai2[6alioa �� t L2 r�ain_t aRy) 7dephont 7) '30,.N., (9tl3)776-9170 436 Ccipr UL at :Sdr, 2a. '3c3)774-=?49`_a Zoircn.6,C':' SC50:-o7'.' September 2, 1999 Wendell Pickett 1740 Skyway Drive Longmont, CO 80504 Re. Sanitary Sewer Service Vista Commercial Center Saint \Train Sanitation. District will provide sanitary sewer service to the proposed Flex Space Warehouse(10 tenant spaces) located at Vista Commercial Center, 1740 Skyway Drive, Longmont, CO, subject to the following conditions. • Completion of necessary connection agreements, and • Receipt of applicable fees. Service will be subject to the rules and regulations of the St. Vrain Sanitation District. Sincerely yours, St.Vrain Sanitation District 2,114 Mark A. Peterson Manager REFERRAL LIST NAME:Tom Cook CASE NUMBER: SPR-307 REFERRALS SENT: 09/29/1999 REFERRALS TO BE RECEIVED BY: October 20, 1999 COUNTY TOWNS and CITIES __Attorney Ault _X__Health Department Brighton __Extension Service Broomfield __Emergency Management Office Dacono __Sheriffs Office Eaton _X__Public Works Erie __Housing Authority Evans __Airport Authority _Firestone _X__Building Inspection Fort Lupton __Code Enforcement Frederick STATE Garden City __Division of Water Resources Gilcrest __Geological Survey Greeley _Department of Health Grover __Department of Transportation Hudson __Historical Society Johnstown __Water Conservation Board Keenesburg __Oil and Gas Conservation Commission _Kersey Division of Wildlife: LaSalle _West of 1-25 (Loveland) Lochbuie __East of I-25 (Greeley) _X_Longmont __Division of Minerals/Geology _Mead FIRE DISTRICTS _Milliken __Ault F-1 New Raymer _Berthoud F-2 Northglenn _Briggsdale F-24 Nunn __Brighton F-3 Pierce __Eaton F-4 Platteville __Fort Lupton F-5 Severance __Galeton F-6 Thornton _Hudson F-7 Windsor _Johnstown F-8 _La Salle F-9 _X__Mountain View F-10 COUNTIES __Milliken F-11 Adams __Nunn F-12 Boulder __Pawnee F-22 Larimer _Platteville F-13 __Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES __Poudre Valley F-15 US Army Corps of Engineers __Raymer F-2 _USDA-APHIS Veterinary Service _Southeast Weld F-16 Federal Aviation Administration __Windsor/Severance F-17 Federal Communication Commission _Wiggins F-18 _Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER _Fort Collins __School District Greeley __Ditch Company _X_Longmont __ West Adams COMMISSION/BOARD MEMBER (it o liRe Weld County Referral iiii September 28, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tom Cook Case Number SPR-307 Please Reply By October 20, 1999 Planner Ben Patton Project Site Plan Review for office and warehouse uses in the PUD (C-3/I-1)zone Legal Lot 5, Block 3, Vista Commercial Center of the 6th P.M., Weld County, Colorado. Location North of and adjacent to SH 119; Approximately 2.5 miles west of 1-25. For a more precise location, see legal. Parcel Number 1313 08 103005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. QI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax / DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 1 FAX (97 17T AVEN304-6UE 9E 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 I C. COLORADO September 28, 1999 Tom Cook 1800 Pike Road Longmont, CO 80501 Subject: SPR-307 Site Plan Review for office and warehouse uses in the PUD (C-311-1) zone on a parcel of land described as Lot 5, Block 3, Vista Commercial Center of the 6th P.M., Weld County, Colorado. Dear Mr. Cook: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 days or upon receipt of recommendations from the referral agencies. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Longmont Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Longmont Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call City of Longmont at 303-651- 8330, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, B:n Pattdn Planner DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SKYWAY DRIVE COMMERCIAL CONDOMINIUMS This Declaration, made this day of March, 2000 by Skyway Drive, LLC a Colorado limited liability company ("Skyway"), is made with reference to the following facts: RECITALS: A. Skyway is the owner of that certain real property in Weld County,Colorado described in Exhibit A attached hereto and by this reference incorporated herein (the "Property"). B. The Property is being developed as a planned business/industrial park. It is Skyway's desire and intention to subject the real property in said business park to certain covenants, conditions and restrictions for the benefit of the property, Skyway and the purchasers of lots in the Property. It is intended that said covenants, conditions and restrictions bind and benefit not only said purchasers and Skyway, but also their respective successors, heirs and assigns and that all lots in the Property should be held, used,leased, sold, and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration. C. It is the intention of Skyway to further a plan of subdivision by means of the covenants, conditions, and restrictions set forth in this Declaration. Said covenants, conditions, and restrictions are intended to be common to all of the lots in the Property and to enhance and protect the value, desirability and attractiveness of all such lots to their mutual benefit. 1. DEFINITIONS. Unless the context otherwise specifies or requires, the terms defined in this Section 1 shall, as used in this Declaration, have the meanings herein set forth: 1.1 Association. The Skyway Drive Owners' Association, Inc. as described in Article 6 hereof 1 .2 Condominium Man. The term "Condominium Map" shall mean the map tiled for record by Declarant with the Clerk and Recorder of Weld County, Colorado, depicting the Condominium Units as hereinafter described, and any amendments or supplements thereto. 1.3 Condominium Unit. The term "Condominium Unit" shall mean an individual air space unit which is contained within the interior surface of walls, basement or base floor, roof, windows and doors of such unit in the building as shown on the Condominium Map, including all fixtures and improvements contained therein, together with the interest in the General Common Elements appurtenant to such air space unit. 1.4 Declarant. The term "Declarant" shall mean Skyway. 1 1.5 Declaration. The term "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Skyway Drive Commercial Condominiums, as it may from time to time be amended or supplemented. 1.6 General Common Elements. The term "General Common Elements" means the Property including, but not limited to, the foundations, columns, girders, beams, supports, main walls,roofs,halls,corridors, lobbies, vestibules,stairs, stairways,elevators, attic spaces,fire escapes, common entrances and exits of the buildings, basements, yards, lawns, gardens, driveways, central common services such as power, light, gas, hot and cold water, heating, refrigeration, and central air conditioning, if any, elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; such community amenities as may be provided for in this Declaration and specifically designated as General Common Elements on the Condominium Map; and all other parts of the Property necessary or in common use; and provided the General Common Elements shall not include the Condominium Units. 1.7 Improvements. The term"Improvement"or"Improvements" shall include buildings, outbuildings, roads, driveways, parking areas,fences, screening walls and barriers, retaining walls, stairs, decks, water lines, sewers, electrical and gas distribution facilities, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. 1.8 Limited Common Elements. The term "Limited Common Elements'. shall mean those General Common Elements which are appurtenant to and between two Condominium Units which have been combined and which are set aside for the sole use of the adjacent Condominium Units until such time as the Owner or Owners agree to separate said Condominium Units. 1.9 Owner. The term "Owner" shall mean and refer to any person or entity that is the record Owner of fee simple title to any Condominium Unit, excluding any entity or person who holds such interest as security for the payment of an obligation, but including contract sellers and any mortgagee or other security holder in actual possession of a Condominium Unit. 1.10 Subject Property/Property. The term "Subject Property" or "Property" shall he synonymous with the term "Property" and shall mean all of the real property made subject to this Declaration. 2. GENERAL DECLARATION. Declarant hereby declares that all of the Property located in the County of Weld, State of Colorado, and more particularly described in Exhibit A is, and shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration. All of the covenants, conditions and restrictions set iirrth herein arc declared and agreed to be in furtherance of a general plan for the subdivision,improvement and sale of said Property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subject Property and every part thereof All of said covenants, conditions and restrictions shall run with all of the Subject Property for all purposes and shall be binding upon and inure to the benefit of Declarant and all Owners. occupants and their successors in interest as set forth in this Declaration. 3. CONVEYANCES-DESCRIPTION OF CONDOMINIUM UNITS 3.1 Division into Fee Simple Estates. The Property and the Improvements thereon have been or will be further divided into nine fee simple estates of Condominium Units. Each such estate shall consist of the separately designated Condominium Unit and an undivided percentage interest in and to the General Common Elements as such is set forth on Exhibit B attached hereto and incorporated herein by reference. 3.2 Condominium Map. Declarant shall record a Condominium Map. •fhe Condominium Map shall depict at least the following: the legal description of the land and a survey thereof; the building and the location of the Condominium Units within the building, both horizontally and vertically; the perimeter boundary of each Condominium Unit and the location therein of any structural components or supporting elements of the buildings; the General Common Elements; the thickness of the common wall(s) between Condominium Units and the Condominium Unit numbers or other designation. The Condominium Map shall contain the certificate of a registered surveyor certifying that the Condominium Map substantially depicts the layout, measurements and location of the buildings, the Condominium Units, the Condominium Unit designations, the dimensions of such Condominium Units, the elevations of the surfaces of floors and ceilings as constructed and that the Condominium Map was prepared subsequent to substantial completion of the Improvements depicted. In interpreting the Condominium Map, the existing physical boundaries of each Condominium Unit as constructed shall be conclusively presumed to be its boundaries. At the time of recording of this Declaration some of the Condominium Units and other Improvements may not he complete. Accordingly and notwithstanding any provision herein to the contrary, Declarant shall have the right to file the Condominium Map in supplements or to amend the Condominium Map, from time to time, to show the actual location of constructed Improvements and to show any changes therein, and to show the location of General Common Elements. 3.3 Description of Condominium Unit. Every contract, deed, lease, mortgage, deed of trust, will, or other instrument may legally describe a Condominium Unit by its identifying Condominium Unit number, followed by the words "Skyway Drive Condominiums" with reference to the Condominium Map and Declaration. The reference to the Condominium Map and Declaration in any instrument shall be deemed to include any supplements and amendments to the Condominium Map and Declaration without specific reference thereto. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect the Condominium Unit along with the undivided interest in the General Common Elements and all other rights appurtenant to the Condominium Unit. Each such description shall be construed to include a perpetual non-exclusive easement for ingress and egress from a Condominium Unit on, over and across the General Common Elements. 3.4 Integration of Interest and Nonpartition. Each Unit and the undivided interest in the General Common Elements appurtenant thereto shall be inseparable and may be conveyed, lease, encumbered,devised or inherited only as an entire Condominium Unit. No Condominium Unit may be subdivided or partitioned except as specifically proved herein. General Common Elements shall be owned in common by all of the Owners and shall remain undivided. No Owner shall bring any 3 action for partition or division of the General Common Elements. By the acceptance of a deed or instruments of conveyance or assignment, each Owner specifically waives the right to institute or maintain a partition action or any other action designed to cause a division of the General Common Elements, and this Section may be pleaded as a full absolute bar to the maintenance of such action. 3.5 Liens Against Condominium Units. Subsequent to the completion of any alterations, modifications or additions to the Improvements described on the Condominium Map, if any, no lien shall arise or be effective against the Property. After such completion, liens or encumbrances shall only arise or be created against each Condominium Unit and the percentage of undivided interest in the General Common Elements appurtenant to the Condominium Unit, in the same manner and under the same circumstances as liens and encumbrances may arise or be created upon any other parcel of real property subject to individual ownership. 4. OWNER'S PROPERTY RIGHTS AND EASEMENTS 4.1 lJse of General Common Elements. Owners of Condominium Units shall have the right to use and enjoy the General Common Elements with other Owners of Condominium Units. 4.2 Delegation of Use. Subject to any rules adopted by the Association, ally Owner may delegate the Owner's right of enjoyment to the General Common Elements and facilities to tenants or contract purchasers of the Condominium Unit. 4.3 Lease of Condominium Unit. An Owner shall have the right to lease the Owner's Condominium Unit or any portion thereof upon such terms and conditions as the Owner may deem advisable, subject to the following. Any such lease shall be in writing and shall provide that the lease is subject to the terms of this Declaration and any rules adopted by the Association. Any failure of a lessee to comply with the terms of this Declaration, Articles of Incorporation, Bylaws of the Association or any rules adopted by the Association shall be a default under the lease enforceable by the Association. An Owner shall be liable to the Association and other Owners for any violation of the Declaration or the rules by Owner's tenant or lessee. 4.4 Blanket Easements. There is hereby created a blanket easement upon, across, over and under all of the General Common Elements for ingress and egress, installation, replacements, repair and maintenance of all utilities, including, but not limited to water, sewers, gas, television, telephones and electricity. By virtue of this easement, it shall be expressly permissible for the electrical and/or telephone company providing service to erect and maintain the necessary poles and other necessary equipment on the General Common Elements and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and under the roof and exterior walls of the buildings upon the General Common Elements. An easement is further granted to all police, tire protection and ambulance personnel,and all similar persons to enter upon the General Common Elements and Condominium Units in the performance of their duties. Further,an easement is hereby granted to the Association to enter into, onto, above, across or under the General Common Elements and any Condominium Unit to perform the duties of maintenance and repair to any Condominium Unit or the General Common Elements. Notwithstanding anything to the contrary contained in this section, no sewers, electrical lines, water lines or other utilities may be installed or relocated on said 4 General Common Elements except as approved by the Association. Should any utility or company furnishing a service covered by this general easement herein provided require a specific casement before it will furnish a service to or for the areas in which the Property is located, including a vehicular easement, Declarant or the Association may grant such an easement to the General Common Elements by a separate recorded instrument without conflicting with the terms hereof and without consent of the Owners being required. The easements provided for in the Article shall in no way affect any other recorded easement to said General Common Elements. 4.5 Easements for Encroachments. If any part of the General Common Elements encroach or shall hereafter encroach upon a Condominium Unit, an easement for such encroachment and for the maintenance of the same shall and does exist. Ti any part of a Condominium Unit unintentionally encroaches or shall hereafter (whether because of reconstruction, settling, shilling or otherwise) encroach upon any General Common Elements, or upon another Condominium l Init, the Owner of that encroaching Condominium Unit shall and does have a perpetual easement for such encroachment and for the maintenance of the same. 4.6 Easements Deemed Appurtenant. The easements and rights herein created for an Owner shall be appurtenant to the Condominium Unit of that Owner, and all conveyances and instruments affecting title to a Condominium Unit shall be deemed to grant and reserve the easements and rights as provided herein, as though set forth in said document in full, even though no specific reference to such easements or rights appears. 4.7 Right of Entry. The Association, through its duly authorized agents, shall have the right in case of any emergency originating in or threatening a Condominium Unit, or in the case or circumstance existing within a Condominium Unit which may affect the health or well-being of other Owners or the Association, to enter therein immediately without request. An Owner shall permit entry into a Condominium Unit for the purpose of performing installations, alteration or repairs to the mechanical, electrical or utility services, which, if not performed, would affect the use of other Condominium Units, upon request for entry made in advance at a time convenient to the Owner. 4.8 Right to Combine Condominium Units. With the written consent of the Association, two or more Condominium Units may be utilized by the Owner or Owners thereof as if they were one Condominium Unit. To the extent permitted in the written consent of the Association, any walls, floors or other structural separations between any two such Condominium lhnits, or any space which would be occupied by such structural separations but for the utilization of the two Condominium Units as one Condominium Unit, may be utilized by the Owner or Owners of the adjoining Condominium Units as Limited Common Elements, except to the extent that any such structural separations are necessary or contain facilities necessary for the support, use or enjoyment of other parts of the improvements on the Property, and except that said Owner or Owners shall not remove or alter any intervening partition if such act may affect the structural integrity or mechanical systems of the improvement on the Property. At any time, upon the request of an Owner of one of such adjoining Condominium Unit, any opening between the two Condominium Units which. but for joint utilization of the two Condominium Units, would have been occupied b} a structural separation between the two Condominium Units shall thereupon become and shall be used 5 as General Common Elements and the structural separation may be reconstructed. The Association may adopt additional rules concerning the combination of Condominium Units. All costs and expenses associated with the combination or separation shall be borne by the Owner or Owners of the Condominium Units. S REGULATION OF OPERATIONS AND USES. 5.1 Permitted Uses. Except as otherwise specifically prohibited herein, any office or industrial operation and use will be permitted in any Condominium Unit, provided that such use is permitted by the applicable zoning of the Property. Such approved use shall be performed or carried out entirely within a Condominium Unit so that the operations and uses do not cause or produce a nuisance to other lots or property, such as, but not limited to, vibration, sound, electromechanical disturbances, electromagnetic disturbances, radiation, air or water pollution, dust or emission of odorous, toxic or nontoxic matter (including steam). 5.2 Prohibited Uses. The following operations and uses shall not be permitted on any property subject to this Declaration: (a) Residential use of any type; (b) Any use not permitted by zoning laws. 5.3 Nuisances. No noxious or offensive activity shall be carried on upon the General Common Elements or within any Condominium Unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or other Owners. No activity shall be conducted on any part ofthe General Common Elements or within any Condominium Unit which is or might be unsafe or hazardous to any person. 5.4 Protection of Other Property. Owner or occupant of any Condominium Unit shall at all times conduct its use and activities in a manner that will preserve the integrity of Skyway Drive Commercial Condominiums and the surrounding open space, including the prevention of any degradation of water quality. 5.5 Condition of Property. Owner or occupant of any Condominium Unit shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with all applicable governmental health, fire and safety ordinances,regulations,requirements and directives, and Owner or occupant shall at regular and frequent intervals remove, at its own expense, any rubbish of any character whatsoever that may accumulate upon such Condominium Unit. 5.6 Maintenance of Condominium Units. Each Owner shall he responsible for the maintenance, repair and replacement of his Condominium Unit, including any wiring. plumbing or mechanical equipment which serves only said Owner's Condominium Unit. 6 5.7 Utility Lines and Antennas. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power or signals, including telephone, television, microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon any portion of the Property other than within buildings or structures, unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, television, microwave or radio signals shall be placed on building within the Property unless the consent of Association shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of buildings on the Property. 5.8 Mechanical Equipment. All mechanical equipment, utility meters, storage tanks. air- conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself. 5.9 Other Operations and Uses. Operations and uses that are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by Association. Approval or disapproval of such operational plans or uses on other property subject to this Declaration or upon the occupants thereof, but shall he in the sole discretion of Association. 6. SKYWAY DRIVE OWNERS' ASSOCIATION 6.1 Duties and Responsibilities of Skyway Drive Owners' Association. Declarant has caused Skyway Drive Owners' Association, Inc. to be incorporated as a nonprofit corporation and does hereby designate such Association to be manager of the General Common Elements. Any purchaser of a Condominium Unit shall be deemed to have assented to, ratified and approved such designation and management. Said Association shall have the following duties, rights and powers: (a) To collect assessments as provided herein from Owners; to collect delinquent assessments by suit or otherwise. (b) From funds collected, to provide for the maintenance, repair, replacement, construction, management and care of Association property and General Common Elements and such other expenses as are enumerated in this Declaration. (c) To provide and pay for fire and extended coverage insurance covering the Property and all Improvements thereon, public liability insurance and such other insurance as may be determined by the Board of Directors of the Association("Board") in such amounts and with such companies as the Board may reasonably determine are appropriate. (d) to lease, acquire and sell real or personal property in pursuance of its obligations. 7 (e) To enter into and upon the Condominium Units when necessary with as little inconvenience as possible to the occupants concerned in connection with the duties outlined in this Declaration. (0 To enjoin or seek damages from or assess fines against Owners for violation of this Declaration, the Articles of Encorporation of the Association, the Bylaws of the Association or rules adopted by the Association. (g) To employ workers and others; to contract for services to be performed, including those of a manager; to purchase supplies and equipment; to enter into contracts: and generally to have the powers of a property manager in connection with the matters herein set forth, except that the Association may not encumber or dispose of the fee title of any Owner except to satisfy a lien, award or judgment against such Owner for violation of the covenants imposed by this Declaration. (h) To protect and defend the General Common Elements from loss and damage by suit or otherwise. (i) To employ attorneys in connection with legal matters of the Association and accountants in connection with its books and records. (j) To deposit funds in the hands of the Board which are not necessary lbr immediate disbursement in such investment vehicles as the Board shall reasonably determine are in the best interest of the Association. (k) To file legal protests, formal or informal, with authorities against the granting by authorities of zoning ordinances or variances concerning any property within a reasonable proximity of the Property which might affect the value of any Owner's interest in the General Common Elements. (I) To adopt rules in accordance with the Bylaws for the regulation and operation of the General Common Elements including, but not limited to, regulations governing the use of the General Common Elements. (m) To do any other act not inconsistent with the terms of the Articles of Incorporation or Bylaws of the Association of this Declaration which may be reasonably necessary to carry out the duties, whether such duties are express or implied, of the Association. 6.2 Membership. All Owners shall automatically become members of the Association. No Owner shall have more than one membership per Condominium Unit owned. Ownership of a Condominium Unit shall be the sole qualification for membership. Upon sale or transfer of a Condominium Unit by an Owner, that person's membership shall terminate and shall he automatically transferred to the purchaser or transferee. 8 6.3 Voting Rights. All Owners of Condominium Units shall be entitled to one vote ter each Condominium Unit in which they hold the interest required for membership. When more than one person holds such interest, the vote for such Condominium Unit shall he exercised by one of them designated by written instrument to be the sole voting member, but in no event shall more than one vote be cast with respect to any such Condominium Unit. In the absence of such designation, the Board may designate such a sole voting Member. 6.4 Indemnification. Any Employee of the Association,and each director and officer of the Association, shall be indemnified by the Association against all expenses, liabilities and costs incurred as a result of the service to the Association, to the fullest extent provided by law. 6.5 Prohibitions. All use and occupancy of the General Common Elements and Condominium Units shall be subject to and governed by the rules adopted by the Board. No damage or waste shall be committed to the General Common Elements. No Owner shall alter any of the General Common Elements or the structured components of the Condominium Units without the prior written consent of the Board of the Association. Nothing shall be done within the General Common Elements or Condominium Units which would impair the structural integrity of any improvements located on the General Common Elements. An Owner who owns two adjacent Condominium Units shall be entitled to join such Units together as long as said owner does not jeopardize the structural integrity of the Improvements. 6.6 No Imperiling of Insurance. Nothing shall be done within the General Common Elements or Condominium Units which might result in an increase in the premiums of insurance obtained for any portion of the General Common Elements or Condominium Units, or which might cause cancellation of such insurance. 6.7 No Violation of Law. Nothing shall be done within the General Common Elements or Condominium Units which would be in violation of any statute, rule, ordinance, regulation, permit or validly imposed requirement of any governmental body. 6.8 Assessments. (a) Each Owner shall be assessed a charge ("Maintenance Assessment") for the maintenance of the General Common Elements and to pay for other costs and expenses of the Association to carry on its duties hereunder. Such charge shall be paid to the Association and shall equal an amount that represents that proportion of the total cost of such maintenance as is set forth in Exhibit B. The Maintenance Assessment shall be assessed on a periodic basis as determined by Association. (h) If any Owner shall fail to pay the Maintenance Assessment or to perform the maintenance and repair required by Section 5.6), then Association shall have the right, at any time thereafter, to file for record in Weld County, Colorado, a claim of lien signed by Association for the amount of such charge together with interest thereon. The lien created by this Section 6.8 shall be effective to establish a lien against the interest of the delinquent Owner in his Condominium Unit together with interest at 12% per annum on the amount of such delinquency from the date thereof, 9 in addition to recording fees, cost of title search obtained in connection with such lien or the foreclosure thereof and court costs and reasonable attorneys' fees that may he incurred in the enforcement of such a lien. (c) Such a lien, when so established against the Condominium Unit described in said claim, shall be prior or superior to any right,title, interest,lien or claim that may be or may have been acquired in or attached to the Condominium Unit subject to the lien, except for any first mortgage lien on the Condominium Unit which shall be prior to all but up to six months worth of Maintenance Assessments as provided by Colorado law. Said lien shall be for the benefit of Association and may be enforced and foreclosed in a like manner as a real estate mortgage is foreclosed in the state of Colorado. (d) If a default for which a notice of claim of lien was filed is cured, Association shall file or record a rescission of such notice, upon payment by the defaulting Owner of the costs of preparing and filing or recording such rescission, and other reasonable costs. interest or fees that have been incurred. (c) The foregoing lien and the rights to foreclosure thereunder shall be in addition to, and not in substitution for, all other rights and remedies that any party may have hereunder and by law, including any suit to recover a money judgment for unpaid assessments. 7. MODIFICATION AND REPEAL. 7.1 Procedure. Except as otherwise provided in Section 7.2, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the subject property or any portion thereof, with the written consent of two-thirds of the Owners. Notification of any termination, extension, modification or amendment shall be provided to the Clerk and Recorder of Weld County, Colorado. No such termination, extension, modification or other amendment shall be effective if it conflicts with a valid governmental enactment, ordinance or regulation and until a proper instrument in writing has been executed, acknowledged and recorded. 7.2 Governmental Regulation. All valid governmental enactments, ordinances, and regulations are deemed to be a part of this Declaration, and to the extent that they conflict with any provision, covenant, condition or restriction hereof, said conflicting governmental enactment, ordinance and regulation shall control and the provision, covenant, condition or restriction hereof in conflict therewith shall be deemed (a) amended to the extent necessary to bring it into conformity with said enactment, ordinance or regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction; or (b) stricken herefrom should no amendment conforming to the governmental enactment, ordinance or regulation be capable of preserving the intent and spirit of said provision, covenant, condition or restriction. 10 8 ENFORCEMENT. 8.1 Abatement and Suit. The Owner of each Condominium Unit shall be primarily liable and the Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction herein contained. Violation or breach of any covenant, condition, or restriction herein contained shall give to Association, following 30 days written notice to the Owner or occupant in question, except in exigent circumstances, the right, privilege and license to enter upon the Condominium Unit where said violation or breach exists and to summarily abate and remove, at the expense of the Owner thereof any improvement, structure, thing or condition that may he or exist thereon contrary to the intent and meaning of the provisions hereof or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. No such entry by Association or its agents shall be deemed a trespass and neither Association nor its agents shall be subjected lo liability to the Owner or occupant of said Condominium Unit for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner, as well as a lien (enforceable in the same manner as a mortgage) upon the Condominium Unit in question. 8.2 Right of Entry. During reasonable hours and upon reasonable notice and subject to reasonable security requirements, Association, or its agents, shall have the right to enter upon and inspect any Condominium Unit and the improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with. Neither Association nor its agents shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection. 8.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or in equity against an Owner or occupant, either public or private, shall be applicable against every such result and may he exercised by Association. 8.4 Attorneys' Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorneys' fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to said attorneys' fees even though said proceeding is settled prior to judgment. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 8.5 Failure to Enforce is No Waiver. The failure of Association to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases nor of the right to enforce any other restriction. 11 9. CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Subject Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Subject Property. 19. WAIVER. Neither Association nor its successors or assigns shall be liable to any Owner or occupant of the Subject Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or occupant of any of said Property by acquiring its interest therein agrees that it will not bring any action or suit against Association to recover any such damages or to seek equitable relief because of same. 11. RUNS WITH LAND. All covenants, conditions, restrictions and agreements herein contained are made for the direct, mutual and reciprocal benefit of each and every Condominium Unit of the Subject Property; shall create mutual equitable servitudes upon each Condominium Unit in favor of every other Condominium Unit; shall create reciprocal rights and obligations between respective Owners and occupants of all Condominium Units and privity of contract and estate between all grantees of said Condominium Units, their heirs, successors, and assigns; and shall. as to the Owner and occupant of each Condominium Unit, his heirs, successors, and assigns, operate as covenants running with the land, for the benefit of all other Condominium Units, except as provided otherwise herein. 12. RIGHTS OF MORTGAGEES. No breach of any covenant,condition,or restriction herein contained,or any enforcement thereof,shall defeat or render invalid the lien of any mortgage or deed of trust now or hereafter executed upon the subject property or a portion thereof, provided, however. that if any portion of said property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any purchaser at such sale and its successors and assigns shall hold any and all property so purchased subject to all of the covenants, conditions and restrictions contained in this Declaration. 13. CAPTIONS. The captions of sections herein are used for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular section to which they refer. 14. EFFECT OF INVALIDATION. If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. DECLARANT: SKYWAY DRIVE, L C, t 2 a Colorado limite iabili pan By. 1 -- Its: 12 STATE OF COLORADO ) )ss. COUNTY OF bey<ilex: ) 1'he foregoing Declaration of Covenants,Conditions,and Restri Lions was subscribed ,sworn to and acknowledged before me this 9 day of March, 2000, by at/6W(° 14",te F¢/ as 417 _of Skyway Drive, LLC, a Colorado limited liability company. onbehalf o`f the company. Witness my hand and official seal. 2 A. =yG. ROe; , •..••••.,F,9 tI Notary blic� p ito/OTAg1%tr,lo� My Commission Expires: f l��' i,,r,c i • i •• • oorr 'Wijirv�nn r,vuRA Vrnnnsev4nv.f• l ' ann'nvrn I S itgj� B •OQ,P� "‘ OsA, F c -r 13 Exhibt A Property Description 1740 Skyway Drive, LLV - -Owner Skyway Drive Condo Units - March 8, 2000 This map will be revised and finalized after construction of the project but prior to Certifcate of Occupancy. // . 4 11 /yy��'��= Y C ' 0 Tennant 1 Tennant 2 Tennant 3 Tennant 4 H li / /////.//////// Tennant 5 Tennant 6 Tennant 7 Tennant 8 F ❑ _I EXHIBIT B Maintenance Assessment Proportions Lot l 12.5% Lot 2 12.5% Lot 3 12.5% Lot 4 12.5% Lot 5 12.5% Lot 6 12.5% Lot 7 12.5% Lot 8 12.5% ‘8Ce4aci MEMORANDUM To: SPR-307 From: Monica ica Daniels-Mika, Director Subject: Discussion of Transportation Fees in a letter dated April 10, 2000, from Mr. Wendell Pickett Date: April 12, 2000 After considering the proposed use for SPR-307, for warehouse office use, and factoring the allocations on the 3/8 use of the building being used by an electrical contractor, and 5/8 of the building being used by a plumbing contractor, it appears reasonable to assume a general light industrial classification as opposed to a commercial classification. Therefore, the Transportation Road Impact Fees as original proposed would need to be modified to include 4,872 square feet per thousand x's$1,470.00,which equals$7,191.07,and 15,128 square feet per thousand x's$530.00 for a mini warehouse that equals $8,017.84, for a total transportation fee of $15,208.91. This decision is predicated on the use of the building as proposed in a letter from Wendell Pickett, Manager. Classifying this use as a general light industrial use would be appropriate based on the premise that the proposed users of the structure, who have a long term contract on the property, are contractors with minimal retail space and very minimal contractors space. The building proposed will have minimal interface with the public. Additionally,there is not a proposal for any kind of show room activities on the site. The primary use of the site is to allow contractors to arrive at the site in the morning to stock their vehicles with appropriate plumbing and electrical supplies, and then to leave the site to do their jobs. LERV ICU,TEAMWORK,IVTEGRI FY.QUALITY 1740 Skyway Drive, lle 1800 t'fke Road Longmont,Colorado 80501 303-772-8348 voice 303-772-8565 AIX Tuesday, April 10, 2000 Ms. Monica Daniels - Mika, AICP via fax: 970-304-6498 Director of Planning one page inclusive Department of Planning Services Weld County Colorado 1555 North 17th Avenue Greeley, Colorado 80631 RE: Disceussion of Letter of March 23, 2000- Transportation Impact Fee Application- SPR 307-- 1740 Skyway Drive, Vista Commercial Center Dear Ms. Daniels—Mika: Thanks for being persisant in connecting with me. I am looking forward in the future to meeting you face-to-face. I appreciate your openness and willingness to consider reasonable reductions in the calculation of the Transportation Impact Ordinance, which reflects the intended use of the structure. As we discussed, the building described in the above application will be used by contractors for administration and warehouse purposes. We currently have interest from an electrical contractor for 3/8ths of the project and from a plumbing contractor for the remaining 5/8ths. Given the above uses of the building I respectfully suggest that the assumed potential office portion of the project be charged the Traffic Impact Fee using the General Light Industrial category instead of the Retail/Commercial Shop Center? General Retail < 100,000 square feet fee. Thus, with this assumption, the fee for this project would be as'allows.. General Industrial - General Light Industrial 1� 4,872 squ. Ft./1,000 x's $1,476 =$ 7,191.07 15,128 squ. Ft./1,000 x's$ 530 =$ 8,017.84 Total Transportation Fee -$ 15,208.91 this does not assume any credits from the master developer being applied i any are applicable. • Again, thanks for the consideration of this matter. I look forward to your decision. Please feel free to contact me with any questions or fyou wish to further discuses this issue. If this is acceptable please sign below and return via fax. Thanks Approved, Wendell Gene Pickett, Manager Ms. Monica Daniels—Mika, AICP T -d S9S8aLLEOE 113)IOId 3W39 11311W3ri dO :ED OD OT idd INONIC,4 Mika -SPR 307 for 1740 Skywa' ve-Reply Page 1 From: LEE Morrison To: KOGLE@NORTHDOMAIN.NORTHPOST, Date: 3/17/00 9:35AM Subject: SPR 307 for 1740 Skyway Drive-Reply I concern: The main reason I look at the covenants is the concern that occupancy separation issues might arise with respect to the uses. ie certain uses which are hazardous or explosive may require more separation between'units than the building is designed for even though the use does not violate zoning. Therefore 5.2 ought to prohibit uses or occupancies not permitted by the Weld County Building Code and the Uniform fire Code as adopted by Mt View Fire protection district Lee Morrison Assistant Weld County Attorney CC: bbarker, mmika r a 41) DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 WI D' FAX (970)304-6498 1555 N. 17TH AVENUE C GREELEY, COLORADO 80631 COLORADO March 23, 2000 Wendell Pickett 1740 Skyway Drive 18000 Pike Road Longmont Colorado 80501 RE: SPR-307 Dear Mr. Pickett: I received your letter dated March 17, 2000 , requesting an exception to Ordinance 211 , Southwest Weld Road Impact Fees. This Ordinance was established to administer transportation impacts in a specified area of Weld County. The Board of County Commissioners publicized their intent to adopt this ordinance on three occasions, and several newspaper articles discussing the pending transportation fees appeared in local newspapers. After much debate and several lengthy public hearings, the Board of County Commissioners entered into this Ordinance on December 1, 1999. The Board of County Commissioners adopted this Ordinance to ensure that future transportation facilities would be available to serve the increasing demand for urban services. You are correct in your assertion that Site Plan Review 307 was approved prior to the effective date of this Ordinance, November 4, 1999. However, as referenced in this Ordinance, the transportation impact fees are applied at the time of building permit issuance. It is my understanding that you have yet to apply for your building permits. Had you applied for your building permits anytime prior to December 1 , 1999, you would not have been required to pay the transportation fee. As written, there is not an exemption from participation in this Ordinance. Noone wants to embrace the idea of paying more money, however, transportation is critical to all development. The Board of County Commissioners realized that in order to provide this essential amenity, developments creating the need for the ungraded roads and increase service levels should pay for the needed improvements. Ordinance 211 has been carefully designed to ensure that a fair and equitable method has been arrived at in order to establish the transportation fees. In this light, based upon the total square footage of your structure, divided into two components, one of 4872 square feet of commercial use and the other 15,128 square footage of the mini-warehouse use, your transportation fee is approximately$51,000. Regardless of the number of multi tenants, Ordinance 211 tees are administered by the total square footage of the entire structure correlated with the total vehicle miles traveled. Therefore, the fee is only imposed one time per structure. Should you differ with the transportation methodology analysis employed in Ordinance 211, you may submit an alternative transportation study. An administrative committee will review this study. Additionally, the Board of County Commissioners is available to consider issues related to the administration of this Ordinance. Should you wish to address the Board, a formal letter should be directed to their attention. The Board of County Commissioners may be reached at 915 10th Street, Greeley, Colorado 80631 . Should you have any additional questions or concerns, I may be reached at the above telephone number or address. Siincerely, Monica Daniels-Mika, AICP Director cc: Bruce Barker Dale Hall Frank Hempen Kim Ogle File Attachments: Ordinance 211 MEMORANDUM TO: SPR 7 File FROM: Kim 0Ogle, Planner II DATE: March '17, 2000 COLORADO SUBJECT: Landscape Improvements Review I have verified the calculations submitted for the Landscape portion of the improvements on Exhibit A, and have determined that the unit costs and estimates for installation appear to be adequate for the project. SERVICE TEAMWORK INTEGRITY,QUALITY 1740 Skyway Drive, lle 1800,Pike Road Longmont,Colorado 80501 303-772-8348 voice 303-772-8565 fax Tuesday, March 13, 2000 Ms. Monica Daniels -Mika Director of Planning Department of Planning Services Weld County Colorado 1555 North 17th Avenue Greeley, Colorado 80631 RE: Transportation Impact Fee Application - SPR 307- 1740 Skyway Drive, Vista Commercial Center Dear Ms. Daniels—Mika: Kim Ogle asked that I write you to ask for a waiver from the new Transportation Impact Fee imposed beginning in mid-December 1999. I am asking since our project was delayed due to a methane contamination issue tied to the Longmont City Dump. Originally, we submitted a site plan on September 24, 1999. The plan was reviewed and conditionally approved by Ben Patton on November 4, 1999. We did not receive a copy of his comments and the conditional approval until December 15 after a flow up conversations with Mr. Kim Ogle, our planner. Since then we have determined the amount of land, which Longmont desires, and are in the process of finishing our agreements. We have, with the help of Mr. Ogle, adjusted and resubmitted our plans. Today, Mr. Ogle called and let me know we had made all the necessary adjustments and that our Improvements Agreement is in review. We plan on submitting our revised building plans later next week. It is our position that we should not have the new fee imposed on this project since it was conditionally approved prior to the adoption of the ordinance. Normally, we would not have taken this long to work through any remaining issues; however, the issues with Longmont have required considerable investigation and discussion. We appreciate your consideration of this matter and look forward to your ruling. Should you have any emestions, please feel free to call me at 303-772-8348. Respectfully, =7 v / e d r,,,,:_r, Wendell Gene Pickett �� Vice President of Operations T&T Enterprises 7187 Longview Drive Nywatt, Colorado 80503 303-652-3858 Bid: 1740 Skyway Drive Landscaping Per the revised plans we respectfully submit a lump sum bid for $10,000. This bid shall include the installation of a Drip Water System for all trees and shrubs. Additionally, we will provide weekly maintenance for the landscaping for a period of one year from installation for$40.00 per week. Thereafter, the weekly rate shall be negotiated and additional charges for plant and landscape material replacements assessed. The Warranty Period for the initial installation shall be for one year. All plants shall be promptly replaces if damaged or not living. Thanks for the opportunity to serve you. Should you have nay questions, please call. P<o oG cG; �! s, S °c �4eda Sep 20 99 10: 07a Moss 6 O 'Dell , P. C. 303-436-9700 p . t s Law Offices of Moss,Morris & O'Dell, P.C. 1675 Larimer Street, Suite 650 Denver, Co 80202 Telephone: (303)436-9200 Facsimile: 1303) 436-9700 DATE: September 20, 1999 f/ TO: J� Wendell Pickett FIRM NAME: Western Diversified Builders — 'l'ELECOPYNUMBER: WDB 303-78:5GS._ ��:1,2 � t �� FROM: Christi G DOCUMENT ATTACHED: Agreement 1 cp4A i"AThis transmission contain s 14 pages including iltis cover sheet. &AA1 •�.e� , If necessary,please contact Ramona regarding this transmission. Original to follow: No Client/Matter Number: Skyway CONFIDENTIALITY NOTICE This facsimile transmission and any accompanying documents,contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this facsimile transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution of, or action on the information contained in this facsimile transmission is strictly prohibited. If you have received this transmission in error, please call us collect to arrange for the return of the documents to us at our expense. Thank you. Sep 20 99 10: 07a Moss 8 O 'Dell , P. C. 303- 430-9700 p . :' DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR SKYWAY DRIVE COMMERCIAL CONDOMINIUMS This Declaration, made this _day of 2999 by Skyvrat Drive, EEC a Colorado limited liability company ("Skyway"), is made with reference to the following facts: RECITALS: A. Skyway is the owner of that certainre, property in Weld County,Colorado de sc ri bed n. Exhibit A attached hereto and by this reference incorporated herein (the `Pronertv"). B The Progeny is being developed as a planned r;rsi rss/industrial park. it is Skyway's desire and intention to subject the real property in said business park to certain covenants,conditions and restrictions bur the benefit of the property, Skyway n__i toe purchasers of no:s in the Property. it is intended that said covenants. conditions and test l;liens bind and benefit not only said purchasers and Skyway, but also their respective successors, reirs and assigns and that vii lots itt the Property should be held, used, leased. sold, and com eyed :cdiect to the covenants, conditions and restrictions set forth in this Declaration. C. It is the intention of Skyway to further a ;Mai of subdivision ion by means of the covenants, conditions and restrictions set forth in this Declaration. Said covenants, conditions, and restrictions are intended to be common to all of the lots in the Property and to enhance and protect the value, desirability arid attractiveness of all such lots to their mutual benefit. 1. DEFINITIONS, Unless the context otherwise ec tUc or requites.the terms defined in this Section 1 shall, as used in this Declaration, have Mc meanie s herein set forth: 1.I Condominium lylumj. The term"Condominidin Map' shall mean the map filed for record by Declarant with the Clerk and Recorder of Weld Ce- mty, Colorado, depicting the Un its nits as hereinafter described, and non amernments or supplements thereto. 1.2. Condominium Unit. The term "Condominium Unit" shall mean an individual air space unit vshitIi is contained within the interior su."ace or walls, basement or base floor, roil windows and doors of such unit in the building as shown on ilk Co r dem'.ninm Map. including all fixtures and improvements contained therein, together with 'Ire interest in the General Common Elements appartenant to such air space unit. 1,3 Declarant, The term "Declarant" shah mead S'. 1.4 Decla it our The 1C1M Theeltirationl shall hisati this JerHatiun of Covenants Conditions, arrd Restrictions :For Skyway Date Commercial C tiara .nuninms as it may from time to time bey amended or supplemented 1 Sep 2'0 99 10: 08a Moss & O 'Dell , P . C. 303-438-9700 p . 3 1.5 General Common Elements. The term "General Common Elements" means the Property including, but not limited to, the foundations, columns, girders, beams, supports, main wails,roofs,halls,corridors,lobbies,vestibules,stairs,stairways,elevators,attic spaces,fire escapes, conunon entrances and exits of the buildings, basements, yards, lawns, gardens, driveways, central common services such as power, light,gas,hot and cold water,heating,refrigeration,and central air conditioning, if any, elevators, tanks, pumps, motors, fans, compressors. ducts and in general al apparatus and installations existing for common use; such community amenities as may he pro\id-ed Mr in this Declaration and spcciftca'ily designated as General Common Elements on the Condominium Map; and all other pars of the Property necessary or in common use; and provided the General Common Elements shall not include the Condominium Units. 1.6 Improvements. The terns"Improvement"or"Improvements" shall include buildings, outbuildings, roads, driveways,parking areas, fences, screening walls and barriers. retaining wails, stairs, decks, water lines, sewers electrical and gas distribution facilities, hedges. windbreaks. plantings,planted trees and shpt hs. poles, signs, loading area- and ail tither structures, installations and landscaping of every type and kind., whether above o" below the land surface. 2.7 °wiriern The term 'Owner shall mean and refer to any person or entity that is the record Owner of fee simple title to any Condominium Ulm, excluding any entity or person tsho holds such interest as security for the payment of an oblie atien, but induding contract sellers and any mortgagee or other security holder in actual possession of a Ca:idormnium Unit. 1.8 Subject Propert fr the term 'Subkc. P ope or "Progeny" shall be synonymous with the term "Property' and shall mean all of tl'.e real property made subject to this Declaration. 2. GENERAL DECLARATION. Dec.tarart hereby declares that all of the Property located in the Courtly of Weld, State of Colorado, and more parucutariy described in Exhibit A is, and shah] bie,conveyed, hypothecated,encumbered, leased occupied., built upon or otherwise used, improved or transferred in v hole or in part, t ubiect to this Decaration All of the covenants. conditions and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the subdivision. improvement and sale of said Property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subject Property and every part thereof Al. of said covenants, conditions and restrictions shall run with all of the Subject. Property for all purposes and shall he binding upon and hive to the benefit o:'Declarutt and all Owners occupants and their successors in interest as set forth in this lieelaratiou. 3. CONVEYANCES-DESCRIPTION OF CONDOMINIUM UNITS 3.1 Division ALp_Fe4 Simple Est t ee The Propeity and the Improvements thereon have been or will be further divided into nine the simple estates of Con tommhim Units. Each such estate shall consist of the separately designated Condominium Unit aril an undivided percentage interest in and to the General Common Elements as such is set forth on Exhibit 13 attached hereto and ineolporate'd herein by !ellreuce. a Sep 20 9`J 1U: 08a Mnss & O 'Dell , P. C. 3O3-436-870C p. 4 3,2 Condominium Met). Declarant shall record a Condominium Map. The Condominium Map shall depict at least the following: the legal description of the land and a scrvev thereof; the building and the location of the Condominium Units within the building, both horizontally and vertically; the perimeter boundary of each Condominium Unit and the location therein of any struet aai components or supporting elements of the buildings, the General Common Elements; the thickness of the common w lks) between Condominium T_inits and the Condon-Milian t nit number or other designation. lie Condominium Map shall contain the certificate or a registered surveyor certifying that the Condominium Map substantially depicts the la,ou:t, measurements and location of the buildings, the Condcuniniumn Units, the Condominium_ Unit designations, the dimensions of such Condoirmiunt Units. the elevations of the surfaces of floors and ceilings as constructed and that he Condominium Map was prepared subsequent to substantial completion 01 the improvements depicted. In inter retina the C:onedomini h ical boundaries of each Condominium p lu Map, the us wing s y� Unit as constructed shall he conclusi presumed to H. its boundaries. At the time of recording of this Dcidaratinit some of the Condominium [inits aid other Improvements may, not he compiete. Accordingly and nc twitlmstaadi g any provision herein to the contra y, Declarant shall have the right to file the fan dominium Map in supplements of to unload the Condominium Map, from time to time, to show the actual location of constricted in rl_ oveme its and to show any changes therein. and to show the location of General Common I hc:nlehts. 3.3 Description ofiCondomini m Unit. Every contract, deed, lease. mortgage, decd of trust, will, or other instrument may legally describe a Condominium Unit ry its identifying Condominium Unit number, followed by the words " Skyway Drive e Condominiums-with reference to the Condominium Map and,Decl ration The reference to the Condominium Map and Declaration in :my instruntent shall he deemed to i hcludc any supplements and amendments to the Condominium Map and Decimation ation l.it lout specific reference meret0. Evart such description shall be good and r,icieat for all purposes to sell, convey, transfer, encumber r or otherwise wise affect the Condnnin,tin: Unit along with the undivided interest in the General Common Elements and, all other rights appurtenant to the Condominium Unit. Each such des :i,hti io shall be construed to inchiec perpetual nr.r _selosive easement for ingress and egress fre.n a Condominium 1:,It on, over and across the General Common Elements_ 3.4 !mein:anon of Interest and ,isonptrtnion Eat,Eact, Unit and the undivided interest in the General Common Elements appurtenant thereto shalt ben inseparable and may be conveyed, lease. encumbered,devised or inherited only as an entire Crindominium Unit. is o Condominium Unit mar Inc subdivided or partitioned except pis specifically proved het sin. General Common Elements shall be owned in convnon by all of the Owners and shall remain undivided. No Otvner shall hi;ng any action for partition or division of the General Common EJcan:ntV. By the acceptance of deed or instruments of conveyance or assignment. each Owner specifically w,icts the sight to institute or maintain a p rillion action r or any other in:n n test lute to ,e a division of the General Comp or. Elements,and this Section may be pleaded as a full absolute ham to the maintenance of such action. 3.5 Liens Ap stCondom iniun Units Subsequent the r compkuoa ^.1 any al*rta;ions modifications or additions to the Imp ovements described on the e ondo rimuni Map, if any,co iien shall arise or be effective against the Prooeny. After such completion, liens or encumbrances shall 3 5P 5 p 0 99 10: C9a Mass & O 'Dell , F . U. 309-438-970C only arise or be created against each Condominium Unit and the percentage of undivided interest in the General Common Elements appurtenant to the Condominium Unit.in the same manner and under the same circumstances as liens and encumbrances may arise or he created upon any oche parcel of real property subject to individual ownership. A. OWNER'S PROPERT\ RIGHTS AND EASEMENTS 4.1 Use of Cienera. Common Holdouts. Owners of Condominium Units shall have the right to use and enjoy the General Common Elements with other Owners of Condominium Units 4.2 DcjegttonofUse. Subject to any ntlass adopted by the&ssn ration.any Owner may delegate tha Owners right of enjoyment to the General Common Eleinente and facilities to tenants or contract purchasers of the Condominium End. 4.3 Leese pl cored l ii aim Unit, An Owner shell have the runt to lease the Owner s Condominium Unit or any portion thereof up(in such terms and conditions as the Owner may di:e,ii advisable, subject to the following. Any such louse sail be bit isriting and shall provide that ido lease is subject to the terms of this Declaration and any Jules adopted by the Association. Any failure of a lessee to comply- with the terms of this Declaration, Articles orIncorporation, Bylaws at the Association or any rules adopted by the soci,itien shall he a default under the !ease enforceable by the Association. An Owner shall be liable ro the A iisoeiation and other Owners fly any violation of the Declaration or the rules by O y, e s to:tent lr lessee.. 4.4 Blanket Easements, Ti.ere 1s bench:. created a l7 S , t easement upon, across, dyer and under all of the General Common Flements for ingresran egress, installation, renitecemenn, repair and maintenance of all lollies. including, blt not !annul to water, ewer'_ gas television, telephones and electricity. By virtue of tins' ersemi nt t snail re riempassly p_ mi__ihle for the electrical arabor telephone company providing service to e ec' Lid maintain the necessary poles art other nece cars equipment on the Genera! Common Elements and to affix and maintain electrical ani:'or tele prone.vaires, :itanits and conduits on ago s „err„ ?;'11J under the toot and exterior wall> at the builrj n_-s upon the General Common Rennet:rs An ;si c en', is ;dinner granted to all ponce 1lie protect ?n and atub.dunc e personnel, and all sir Mar p ct.on-,To enter upon the General Common. Elements and Condominium ?Ants 1 the performance of their duties.s. Further,an easement is lien eh\ granted to the Association to enter into, onto, above,across or under cite General Conimon Elewertm and any Condominium minium Ur.it to perform the duties of matntenanee and repair to Jay Unit or :he Cetera! Common Elements Notwithstanding anything to the contrary car mined in his section, na sewers, electrical lines, names lines or other utilities may he installed or relocated on said General Common f cineilts except as approved by the nyeaociation. Should any utility or company furnishing a setvice covered by this general easemeni herein provided require a specific eaSen'em before it will furnish siervice or for the areas in which the Property is located, including a lticular casement, Declarant or the Association, may grant such an easement to the General Common Elements by a separate recorded instrument 1 'thou'-conflicting with the tenns hereof and 'without cons„int of the Owners b'.n!' t quired [lieeasements provided for in the Article shall in r d/9r affect any other recorder; easement to said General t.lomnion Elements. 4 Sep 20 SS 10: 10a Mass & O 'Dell , P . C. 303-43E-5'100 p. 0 4.5 Easements for Encroachments: If any part of the General Common Element 'racroach or shall hereafter encroach upon a Condominium Unit,an easement for such eneroaclunent and for the maintenance of the same shall and does exist. if any part of a Condominium Unit unintentionally encroaches or shall hereafter(whether because ofreconstrection, settling, shining or otherwise)encroach upon any General Common Elements, or upon another Condomi tium I brit the Owner of that encroaching Condominium Unit shall and does have a l..crpelusi casemcii lot such encroachment and for the maintenance of the same. a {� Easenterts Deemed ,Apnuntenara. The easements ynst rights herein created iOr n Owner shall be appurtenant to the render:i n :tin Unit of that Owner, and all cont,ey antes and instruments affecting title to a Condominium Unit shall he deemed to gran: and reserve the easements and rights as provided licacia, as though set forth in said lucument in Full. even though no specific;clerence to such easements or rights appears. ` 4.7 ht o!Eau The Association.. tin ouch t, duly authorized agents, shalt have the right in case of any emergency orl in:M:1g in or rtnenten inn (.ondontini ii Unit, or :n the ease or circumstance existing within a Condominium Unit which may affect the health or wetI-being nit other Owners or the Assoeire:on, to enter theleni immediately nithout request. An Owner permit entry into a Condominium Unit ibr the ;those t f e',rormi ;e installations, alteration or I �, pail's to the mechanical, teetotal or utility sea ace: which,, iCr a`perf.rnncd,would affect the use of other Condominium Units, upon request for our) made itt ativance 211 a time convenient ient to t hc CSyvner, 5 RE ;ULAIION OF OPERATIONS AND USES. 5.1 Permitted Uses Except as other\ViSe specillcirl.cprohibited herein, any industrial t iscrction and use will he permitted in any Cc❑drninn,m I:uii, provided that such use is permitted b) the applicable zoning of die Proceiay. Such approved use shall he performed or carried out entirely within a buildine so that die enclosed operations and uses do not cause or produce a nuisance to other lots or property, such as, but not limited to, sibration, south), electromechanical disturbances, electromagnetic disturbances, radiation, air or ',water pollution, dust or emission o; odorous, toxic or nontoxic matter (Including steam), 5.' Prohibited Uses, he following cy;e:ations and uses shall not he rermitted on arm' property subject to this Declaration: (a) Residential use of any type; (b) Any use not perm hied by zoning tag.s. 5.3 Nuissaces, No noxious s or offensive activity shall be carried on upon the General Common Elements or within any C(❑drin1 i sum Unit.nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood t or either Owners, No activity shall 5 • Sep 20 99 10: 1ia Moss 6 0 t3eti , F. C. 303-436-9700 be conducted on any part of the General Cannon Elements or within any Condominium Unit which is or might be unsafe or hazardous to any person. 5.4 ?refection of Other Property. Owie: or occupant of any Condominium Unit shall a' all times conduct its use and activities in a manner that will preserve the integrity of Skyway Drive Commercial Condominiums and the surrounding open space, including the prevention of any degradation of water quality. 5.5 Condition of Property, Owner or occupant of any Condominium . Unit shall at al: Ernes keep it and the buildings improvements and appattcnances thereon in a safe, clean anc: wholesome. condition and comply, at its own expense, in all respects with alt applicable governmental health, fire and safety ordinances,regulations,requirements and directives,and Owner or occupant shall at regular and frequent intervas remove, at its oven expense_ ma,: rubbish of any character whatsoever that may accumulate upon such Condominium C'ni!. 5.6 Maintenance of Condominium Unit :Each Owner shall be responsible for the maintenance, repair and replacement of his Condomhaunt J uit. including any wiring, plumbing of mechanical equipment which serves only said Ocenei's Condominium Unit. 5.7 Ili ity_lmes end Antenna, No sipper_ drainage or utility lines or wires or other devices for the communication or transmission of electric current, power or signals, including telephone, television, microwave or radio si_nals, shall be constructed, placed or maintained anywhere in or upon any portion of the Property other than within buildings or structures, unless the sc me shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No anted is for the thaw:mission or reception of telephone, television, microwave or radio signals shall be paced on building within the Property unless the consent of Association shall first he obtained. Nothing contained herein shall he deemed to forbid the erection or use of temporary power or telephone facilities iiieidental to the constriction or repair of buildings on the Property. 5.8 A15ch niaal Egui,nruent. All mechanical c uip:re•it. arilits meters, scrape [auks, air. conditioning. equipper! and simEla items shall be screened with landscaping or at a ch:tectural features integrated into the structure itself. 5,0 Other Q,eratiuns anc' lies Operations lid uses that are neither specifically rrohibited nor soecilically authorized by this Declaration may be permitted in a specific case if operational plaits and specifications are submitted to and appr oved in w:' np itiby Association. .lp;rroval or disapproval of such operational plans or nses on other property subject to tins Declination or upon the occupants thereof, but shall ice hi the tole cliscreticn of Association. 6. SKYWAY DRIVE OWNERS' .ASSOCIATION 6.1 Duties cinci Responsibilities of Skyway Drive Owners' .Asseriation Declarant has caused Skyway Drive Owners' Association, Inc. to be incorporated as a nonprofit corporation and does hereby designate such Association to be manager of his General Common Elements. Any 6 Sec 20 ::"i9 10: 12 Moss & O 'Dell , P. C. 303-436-9700 F . 4i purchaser of a Condominium Unit shall be deemed to have assented to,ratified and approved such designation and management. Said Association shall have the [hllowirig duties,rights and powers: (a) To collect assessments as provided herein from Owners;to collect delinquent assessments by suit or otherwise. (h) From hands collected, to provide for (he maintenance, repair. replacement. construction, management and care of Association property and General Co'nnton h lemeiirs and such other expenses as are enumerated in this Declaration:. (c) To provide and pay for fire and extended coverage insurance covering the Property and all Improvements thereon public liability insurance and such other insurance as in.asi be determined by the Board ofDirectors of the Association Cirloard'b in such amounts and with suet) companies as the Hoard army reasonably determine arc nl•propci ale. (d) to lease, acquire and sell real or persona! property in pursuance of its obligations. (e) To enter into and upon the Condominium 1 ni_. when necessary with as little inconvenience as possible to the occupants concerned n c :inc nun with the duties outlined in this. Declaration. (Q 'To enjoin or seek damages from orassess fines against Owners for violation of this Declaration,the ?.ticks of Incorporation of the Association, the Bylaws of the Associatioe or rules adopted by the Association. (g) To employ workers and others, to contact for s i ✓ices to be performed, including those of a man wet to purchase supplies and equip:neat to enter into contracts; and generally to have the powers of i properly manager in connedtitm with the matters herein set forth, except that the Association may not encumber or dispose of the fee Pile of any Owner except to satisfy a lien, award or judgment against such Owner i,r violation of the covenants impose De c laration }nose'd by this (h) 1 o protect and defend the General Common Elements from loss and damage by suit or otherwise. (i) fo employ attorneys in connection vvi(h legal matters of the Association and accountants in connection with its books and records, (I) 10 deposit funds in the hands of the Board which are nor necessary far immediate do nursement in sucn investment vehicles as the Re:ird shall reasonably determine are in the best interest of the Association. (1) do file legal protests,formal or intorntal, with authorities against the granting by authorities of zoning ordinances or variances concerning any pro within a'r ? 1ert , reasonable 7 Sep 20 99 1U: 13a Moss & O 'De11 , P . C. 303 -436-37UU 1r. 9 • proximity of the Property which might affect the value of any Owner's interest in the General Common Elements. To adopt roles in accordance with the Bylaws for the regulation and operation of the General Common Elements including, but not limited to regulations governing the use of the General Common Elements. (nn) To do any other act not inconsistent with the terms of the Articles of Incorporation or Bylaws of the Association of this Declaration which may he reasonably necessary to carry out the duties,whether such duties are cypress or implied, of the Association. 6.2 Membership. All Owners shall automatically become members of the Association. No Owner shall have more than one membership per Condoatiniunt Unit awned. Ownership of a Condominium Unit shall he the sole qualification for membership. 'Upon sale or transter of a Condominium End by an Owner, that person's membership shall terminate and shalt be automatically transferred to the purchaser or transferee. 6.3 Voting t,i;ha All Owners of Condon lniuM Umis shall be en:titled to one vote for each Condominium Unit in which Wry hold the interest required for membership. When ,note Man one person holds such interest,the vote for ttucit C:ondontinium Unit shall be exercised by one of them designated by, written instrument to he the sole voting member, but in no c,entshal: mare than one vote he cast with respect to any such Condominium Unit. In the absence of such designation,the Board may designate such a sole voting Member. 6.4 indemnification. Any Employee otter Association,and each director and oiheer of the Association, shall he indemnified by the Association ltion t.gain„t all expenses, liabilities and costs cttrred as a result of the service to the Association, 'o the MI lest extent provided hr law. 6.5 Prvtvtntious. All use and occupancy of the General Common Elements and Condominium Units shall be subject to and governed by the lutes adopted by the Board. No damage or waste shall he cont!rllted to the General Common Elements. Ne Owner shall alter any of the General C_ot`tnion Elements or the structured cum ce t ents Jfilie Conn I10: written consent Condominium Units without the P consent of the Board of the Association, Nothing shell be done within the General Common Elements or Condominium ( sin which wand Pa pair the st uctt.raI integrity o[ any improvements located on the General Common Elements. An Owner � t who pticn` two adjacent Condominium Units shall he entitled to join such Units together as long as said owner does mu t jeopardize the structural integrity of the Improvements. 6.6 Imperiling o lnsar,;Kee Notiiin2 shall be cone within the Cioneral C'on:rm.m Element S rn Condominium Units yen chi might test It :n au increase ir the premiums ci insurance obtained for any portion of the General Common Elements or condominium Units, or oriel might ause cancellation of such insurance. 8 Sep �.0 99 ]O: 14a Moss & O 'Dell , P . C. 303-436-570(1 p . 10 6.7 No Violation of Law. Nothing shall be done within the General Common Ehrteats or Condominium Units which would be in violation of any statute, mile, ordinance, regulation, permit or validly imposed requirement of any governmental body. 6,8 Assessments, (a) Each Owner shall be assessed a charge ("Maintenance Asessn vent") for the maintenance of the General Common Elements and to pay for other costs and expenses of the Association to carry on its duties Hereunder. Such charge shall be paid to the Association and ,rrali equal an amount that represents that Proportion of the total cost of such maintenance as is set lurtli in Exhibit B. The Maintenance Assessment shall be assessed on a periodic basis as determiner. b�Association. (h) If any Owner shall fail to pay the Maintenance Assessment or to perform the maintenance and repair required by Section .5.6), then Association shall have the right, at any time thereafter, to file for record in Weld County, Colorado, a claim of lien signed by Association for the amount of such charge together with:interest thereon. The lien created by this Section 6.8 shall ho effective to establish a lien against the interest of the delinquent Owner in his Condominium: I!nit together with interest at 12% per annum on the amount of such delinquency from the date thereof',in addition to recording fees, cost or title search obtained in connection with such lien or the foreclosure thereof and court costs and reasonable attorneys' fees that may be ineon-ed in hhr enforcement of such a lien. re) Such a lice, when so established as ainsr the Condominium; Unit described in said claim, shall be prier or superior to any right,title, interest lien or claim that may be or may have been acquired in or attached to the Condominium [(nit subject to the lien, except for any first morta'age lien on the Condominium Unit which shall he prior to all but up to six months worth of Nlaintename Assessments as provided h) Colorado law. Said lien shall he for the benefit of Association and may he unforced and foreclosed in a like manner as a real estate mortgage is o,eclosed in the state of Colorado. (d) If a default for which a notice of claim of lien was filed is cured, Association shall file or record a rescission of such notice, upon payment by the defaulting Owner of the costs of preparing and filing or recording such rescission,and other reasonable cots. interest or fees that have been incurred. te) 'the foregoing lien and the rights to to'edosure thereunder shall be in addition to, and not in substitution for, all other rights and remedies that any party may have hereunder and Lo law, includino any suit to recover a money judgment for unpaid assessments. 7. MODIFICATION AND REPEAL. 7.1 _Yrcedutc_ Except as otherwise provided in Section 7.2. this Declaration; or any provision hereof. or ins covenant. condition or restriction contained herein, may be terminated. extended. nuadiftcd or otherwise amended, as to the whole of the subject properly or any portion 9 Sep 20 99 10: 15a Moss & 0 'Del 1 , P. C. 303-436-9700 n . 11 thereof, with the written consent of two-thirds of the Owners. Notification of any termination, extension, modification or amendment shall be provided to the Clerk and Recorder of Weld County. Colorado. No such termination, extension,modification or other amendment shall be effective if it conflicts with a valid governmental enactment. ordinance or regulation and until a proper instrument in writing has been executed, acknowledged and recorded. 7.2 Gove rnmental Regulation. All valid governmental enactments, ordinances. and regulations are deemed to be a part of this Declaration, and to the extent that they conflict with anv provision, covenant, condition or restriction hereof, said conflicting govenniielitai enactment, ordinance and regulation shah control and the provision,covenant, condition or restriction hereof in conflict therewith shall be deemed (a) amended to the extent necessary to bring it into comae-miry with said enactment, ordinance or regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction; or (ii) stricken herefrom should no arnent:in:eom conforming to the governmental enactment, ordinance or regulation be capable of preserving the intent and spirit of said provision„ covenant, condition or restriction. 8 ENFORCEMENT. 8.i Abatement aid Suit. The Owner of e e h Condominium I;nit shall be primarily liable and the Occupant, if any, secondarily liable for the vlolation or breach of any covenant, condition or restriction herein contained Violation or breach of any covenant, condition, or restriction herein contained shall give to Association, foaming 31)days written notice to the Owner or oceupant irl n ies':on except in exigent circumstances, the right, privilege and license to enter upon the Condommiam Unit where said violation or breach exists and to summarily abate and remove, at the expense of the Owner thereof, any n ._rro;emetic structure. Ming or condition that inns be or exisr thereon contrary to the ntent and meaning of the provisions here, for to prosecute a proceeding ai law or in equity against the person or persons who have violated or are attempting to violate tiny or these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause stir violation to be remedied or to recover damages for said violation. No such entry by .Association Jr its agents shall he deemed a trespass and neither Association nor its agents shall be subjected rc liability to the Owner or occupant of stud Condominium Unit for such entry and any action tak.n to remedy or remove a violation 'The cost of any abatement, remedy or removal hereunder shalIo he b nding personal obligation on any Owner,as well as a hen (enforceable in the same mane: as a murtgagc) upon the Condominium Unit in question. S2 Right of Entry. During reasonable hours and upon reasonable notice and subject to reasonable security requirements. Association, or its agents, shad have the right to enter upon and suspect any Condominium Unit and the improvements thereon covered by this Declaration lbr the pn.crosc of ascertaining whether or not the provisions of this Declaration have been or are being complied svn h. Neither Association nor Os agents shall be deemed to have committed a trespass or other 'wrnrgful act by reason of such entry or inspection. 8.3 Dee n d to Constitute aN'ui ante, The result of every act or omission whereby ui, ,covenant, condition or restriction herein contained is virdated in whole or in part is hereby declared to be and to constitute a nuisance, nod every remedy :Wowed by law or in equity against an Ownerr. It) Sep 20 88 10: 15a Moss 8, O 'Dell , P. C. 303-436-8700 or occupant, either public or private, shall be applicable against every such result and may he exercised by Association. 8.4 Attorneys' Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether I' he ar notion for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties, shall pay the attorneys' fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the coon in such proceedings or in a separate action brought for that purpose The prevailing party shall be entitled to said attorneys' fees even though said proceeding is s:hied prior to judgment. .All remedies provided herein or at law or in equity shall he cumulative gad not exclusive. S 5 Failure to Enforce L No Waiver. 7 h-o iii are of Association to eniOlce any requirement? restriction or standard herein contained shah in no event be deemed to he a waiver of the right to do so thereafter or in ocher cases_nor in!the right to enforce any other restriction 9. CONSTRUCTIVE NOTICE AND ACCEPTANCE,ANCI Eery person or entity who how or hereafter owns, occupies or acquires any right, title or interest in or to any portion of this <_,liiect Property is and shall he conclusivel', deemed to Lave consented and agreed to every covenant condition and restriction contained herein, whether or no: any reference to this Declaration c. contained in the instrument by which such person acquired nit interest in the Subject Propery_ 10. WAIVER. Neither Association nor a, Successors n assigns shall he liable to any Ussnea or occupant of the Subject Property by reason of any mistake in judgment. negligence, I a'nleasunce. net ion or maehor; or for the, enforcement or failure to enforce any provision of this Declartiott, Every O vn net or occupant of any of said Property by con ins itsinterest therein agrees that :t will p c not bring any action or suit against Association to recover ail y such damages or to seek egllit3Le relief because of same. II RUNS WITH LAND. All covenants, conditions, restrictions -nd agreements herein contented are made far tile direct, mutual and reciprocal benefit of each and every t ondotr_int:nn 'Snit of the Subject Property; shall create mutual equitable servitudes upon each Condominium m Lni't in favor of evert other Condominium Unit; Asti create reciprocal rights and obi iamions betcceen respective Owners and occupants of all Condominium Units and privity of contract and 'stun. between all grantees of said Condominium Units, their heirs, so eessors, .a and assigns, and shad, a, to the Owner and occupant °r each Condominium lion, his heirs, successors, and assigns, operate as covenants running with the land, fhr the benefit of:di rsher Condominium Units. except an provided otherwise herein. 12. RIGHTS OF MORTGAGEES.AGEES No breach of anv coseirant.. condition,or restriction `tercin contained,o:any enforcement thereof,of,shall defeat or render nder invalid the 1 ten of any mortgage or deed of trust now or hereafter executed upon the subject I rcper'!, nr a pondon thereof, provided_ Itmen d . that if any portion of said property is sold uncle: a foreclosure of any mortgage or adder the provisions of any deed of trust any purchaser at such sale and its successors and ass inns shall holed ;my and all property so purchased subject to all of :he covenants, conditions and restriction:. contained in this Declaration. 1i Sep 20 33 10: 16a Moss & O 'Dell , P. C. 3G3-436-370G p . 13 13. CAPTIONS. The captions of sections herein are used for convenience only and are not intended to be a pan, of this Declaration or in any way to define, limit or describe the scope and intent of the particular section 10 which they refer. 14. EFFECT OF INVALIDATION. If any provision :sillily Declaration is held to be invalid by any coon, the invalidity of such provision shall not affect the caidity of the remaining provision; hereof DECLARANT: SKYWAY DRIVE, LLC. a Colorado limited liability company By: Es: STATE OF COLORADO )ss. COUNTY OF The foregoing Declaration of Covenants,Conditions,and Restrictions was subscribed_,swum to and acknowledged before me this day of 1999, hp- as of Skyway Drive, LTC- a Colorado limited liability company, on behalf of the Company. -'--_-__ Witness my hand and official seal. Notary Public My Commission Expires: 04m pICi:'NP4:NLd TA JRALY-M\,SKSNAY\DEC I.Ar..1',WPD 12 Sep 20 SS 10: 17a Moss & O 'Dell , P. C. 303-436-9700 c . 14 EXHIBIT A Letial Description of Property Sep 20 99 10: 17a Moss & O 'Dell , P. C. 303-436-9700 p . ,S EXHIBIT B hlainienance Assessment Prc iortions Kits ft ' DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 VI O FAX(970)304-6498 E-mail address: kogle@CO.Weld.CO.US • WELD COUNTY ADMINISTRATIVE OFFICES COLORADO 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 February 18, 2000 Jon Cook Beacon Builders P.O. Box 296 Hygiene, CO 80533 Wendell Pickett 1800 Pike Road Longmont, CO 80504 Re: SPR 307 Dear Messrs. Cook and Pickett:: The Department of Planning Services' has reviewed your amended Site Plan for the above named property and have the following comments as noted. Please amend your drawings to reflect these changes. 1:a.1 An installation schedule which specifies when the landscaping will be installed on site. Please identify a date when landscaping shall be completed. Planning staff is concerned that planting may occur during frozen ground conditions or during frost. 1..e:2 A Plant Material List specifying the Quantity, Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is containerized or B&B. Plant Material list is not complete on submitted Landscape drawing dated January 11,2000. In future submittals, this information shall be noted. 14 A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services' A note identifying that the Home Owners Association are the person(s) responsible for the upkeep and maintenance of the grounds is acceptable to Planning Staff. Further, provide information on how the Association is formed, obligations, and who is included. 1-:IS'1 The applicant shall submit a waste handling plan to the Environmental Services Division of the Weld County Health Department when each of the units are either leased or sold. Planning Services' acknowledges that Western Disposal Services' of Boulder will be the waste hauler. 1.c.1 The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. Planning Staff is in receipt of this item, and It is currently under review. 1.d.1 The covered storage area shall be screened in accordance with Section 33.4.3.2 of the Weid County Zoning Ordinance and Section 2.6.3#5 of the Mixed Use Development Plan which states, "Loading, service, or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen". An opaque fence shall be installed along the northeast property line. The length of the fence shall run from face of building fronting Skyway Drive to the southeast property corner. 1.d.2 Appropriate landscaping of a lot that abuts a public or private road right-of-way in accordance with Section 2.6.4#2.b of the Mixed Use Development Plan (Ordinance 191). Please refer to the Mixed Use Development Ordinance, specifically Sections 2.6.3.2 and Figure 2.3 of the Section. Additionally, refer to Section 2.6.2 Design Criteria, subsections 1, 2, 3a, 5 and 7. Further, refer to Section 2.6.4,2b regarding landscaping setbacks from public right-of-way. 1.d.3 Appropriate landscaping for the proposed parking area. In accordance with Section 2.6.3.1 of the MUD Ordinance, at least 10%of the parking area shall be landscaped. This condition has been met. 1.d.4 An all inclusive list of permitted activities and uses allowed on site, 1740 Skyway Drive. This list shall conform to uses identified in the original PUD and the Weld County Zoning Ordinance. e.15 The low profile free standing monument sign shall be constructed in accordance with the Design Standards of Section 2.8.4.3.f which states, "monument signs shall have an enclosed, solid base or structural base with the base at least three-fourths the width of the widest part of the sign face. An enclosed or solid sign base shall not be required if the lower edge of the sign face is not higher than one foot above finished grade. Monument signs shall be on-premise signs, the sign area shall not exceed twenty-five (25) square feet, and the sign shall not exceed five (5) feet in height above the average adjacent grade, if located within fifteen feet from the street right-of-way. For each additional two feet of setback from the street right-of way, one additional foot may be added to the height of the sign to a maximum of eight feet." The sign meets the intent of the Ordinance for height restrictions. The applicant shall obtain a building permit from the Weld County Department of Planning Services' prior to construction. Further, detached signs shall have surrounding landscaping which extends a minimum of three feet from all sides of the sign base per Section 2.8.4.2d of the MUD Ordinance. The applicant shall submit evidence to the Department of Planning Services' that all requirements as indicated in theFire districts letter dated October 13, 1999 have been met and that final approval has been granted. This condition has been met. 1.g. The applicant shall submit evidence to the Department of Planning Services' that all Left Hand Water District conditions and requirements have been met and service to the lot has been obtained. This condition has been met. 1.h. The applicant shall submit evidence to the Department of Planning Services' that all St. Vrain Sanitation District requirements have been met and service to the lot has been obtained. This condition has been met. 1.i. The applicant shall submit a plan describing any proposed on-site signage. Any proposed sign shall adhere to Section 42.3 of the Weld County Zoning Ordinance and Section 2.8 of the MUD District Regulations. All proposed signs shall apply for and receive a building permit . Further, refer to comments in 1.e. Additional comments not previously addressed: 2. Check spelling on all three sheets. D Provide the Department of Planning Services' with an itemized cost breakdown for landscape 3 e materials, including plant material. i4. Check the number of parking spaces, and correctly number. 5. The applicant shall adhere to the lighting standards, in accordance with Section 23.2.1.21.6 of the Weld County Zoning Ordinance (Ordinance 89, as amended). 6. Delineate on the plan. handicapped access ramps, including a sidewalk from the front of the structure to Skyway Drive. tr' Provide information regarding the screening around the trash enclosure. /" 8. Review"REDLINES" on enclosed bluelines, and amend drawings accordingly. 9. Please note, Vista Commercial Center is located within the Southwest Weld County Service Area Road Impact Program(Ordinance 211). Further, effective December 1, 1999, Building Permits issued at 1740 Skyway Drive will be required to adhere to the fee structure. To determine the applicable fees for this parcel please contact our office. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, i .- Kim Current Planner II pc: file Response to Weld County Case Number SPR-307—Parcel Number 1313308103005 Friday, February 04, 2000 Response to Letter of Conditional Approval—SitePlan Administration Review Letter 11/04/99 Received By Applicant on December 14, 1999 mtal.Cill 1 1: All landscaping shall be installed prior to completion of the project However, a IW;;G,I detailed weekly schedule is included in the Improvements Agreement attached. 0441 12A: Sheet A3 of the plans have been modified to reflect the correct names of the plants. Ot fl4 11# Additionally, we have identified the method of moving the tree, i.e. ball and burlap or rrwA'% II container. 1A3: The landscape maintenance shall be the responsibility of the owners assn on. }t:w 's‘; The association will enter into a contract with a local maintenance company on he) c"- t'-«b ell weekly maintenance of the grass and replacement of the plant and landscape materials,''' 181: The expected waste from the project is general in nature and cannot he fully �. ./ defined until each unit is sold or leased. However, we are expecting general office and �N'' light industrial waste which can be handled by a single dumpster and take to a landfill. No hazardous waste or waste requiring special handling is expected at this time. IB2:Unkwon at this time. ✓ C Western Disposal Services, inc. 5880 Butte Mill Road, Boulder, Co. 80301 303-444-2037. IC: Attached. We will post security prior at the time of permit. ✓ ✓7.iw1 kv i-e-t-11;6+s C el I D1: Shown on plans is a stock cedar fence, please see plans. ,,nrA1y a, 11)2: Corrected, please see plans. 1123: Corrected, please see plans. ' '4-6 wi (!jo“% > t:vyen.' 1D4: 'The structure is a mixed-use office and light industrial facility. Its users will confirm with the appropriate regulations of the Weld Counly's codes. O1%Vp0t-i Ptic0 " 1E: (1-14 (i7 16-21) Notes to be placed on Plat- Done. 1E15: Corrected the detail on the sign and showed calculations on plat. . 1 F: We have demonstrated on the plans that the concerns of the Mountain View Fire Department have been meet or exceeded. 1G: Attached is a document demonstrating the transfer of the paid tap. IH: Attached is a document demonstrating the paid tap. 11: Contained on Plat and agree to conditions. . 2A: Done. 2B: Agreed 2C: Two copies are provided. 3A: Agreed Thanks for reviewing these changes. Should you have any questions, please call Wendell Gene Pickett at 303-772-8348. 2 12,r15/]g_i_1 10:51 30:i:-.551-./970/970 I3t_A')IE BUILDERS ilK: 1Y!14/uu 1:! L.t VA.\ V.I.) Jk,4 °qr.? IVAG! I`., I1 t.: d u 44,ay...-- SI M PLAN REVIEW I .11:4':: II1D e Administrative Review coLoR ono . . Case Number:: SPR-307 Parcel Number: 1313 08 103005 Applicant: Jon Cook, Beacon Builders t..egil Description: L31 5, Llock 3, Vlst . Comma vial Center Filing 1 b$ng pert of the South 5= of Section 8, Township 2 North, Range '8 West cf the 6th P.M., Weld County, Colorado 2c'ning• POD/Light Industrial(L-1) 8. Highway Commercial (C-3) Proposed Use: Office and Warehouse Facility • Site Plan Review Standards • rem the Ir.ten:of the 1+/elii(party biting I (mmints rdinanee&M I Plan Site flan f ertiti;aticn ;tii.lude4 in Appliratica YES f etcl'ti)n facilities tnginte.ring 1pprovt3 in Mono from Con Lrral,Weld i'u;,:iflrkiks, YES Dept PeproYaI Date IQ/lit Y4 --- _r_I ..._ tlfisimt parking __ Sec(caditioes of A proval,Lc _ — ____1'S.--- Loading Areas Ste ConeitiorsofApFrcval1. .i __._�__ — YESVass —. Lpi.rrovcd au I1emo burn Don Carroll,WY;I1 C).Fritir.Wor,i, YES Setback;Requirement; 23 f« ..._�.—_ ...._..._.._ YES � Ofiiet Requirements 10 test YiS latrlOsta?irg See(a!di:ions of lLnarnval 1'a,1,2.3:d.?,3:I.e.B .._�___— _... liS Tra li Ceilt:ticn and Stc'rage See tcrldititrs t.f Appr ival I.d:l I Y E 1 rutalllr Nam le.lt Ile id l'ltit,r District I.e.I'i Yf Stl..he Vispotel St.1'r2ttl S;trita_ier.District,Se;t,On uic.i.i of Ail,go al 11.9 I .. YE'S A 1zra i`r_r_I ill: 'Pi ;-6S1 r J7=1 bt G'i I L,LIILiChit) ;NC nitric 15 i - Environment Standards None Sec Conditions of Approval i_e? YES Air Quality S;e Conditions of Apprtva! i-r.E YES Water Quality Ste Cr ditions of Approval lib 1,2,3; Le li YES Radiation SecCondil)OMScIA,pprevalIsfi,lI YfS fins Sre Con fitios of,Apprcval I rJ. i I YES lint See Conditions cl Approval 1.r HI i 1'ES ---- -- --- lfifwperty Malnttnance i See CO chit s d A1: total laJ,2,1; I t 1,,2,; ell I— S I This site plan rents+' is approved sedh the attached conditions; Prior to recording the Site- flan Review ph m, thr appl,cant shall address file fo.losv,nC to the llc.paament of Planning Sri eicer' tatr7tacdin . a) iiii lle tillillic611t thensub:iti' ti rcd'i=_zd i., id:,capc Flan to the Dictiecturient of Planning 5 VI or es for „view and f ,>V3 . Li Poll ciPill tit iii fat:cycle: .t Plan shall be phiced co the pl tit licit re,i c- i ardscra c Ilan shall include t io ;(1llnwr tafhtt7 shoo. 1) An insrn,4otio:r ifi.ticidnlo wl.i n:it;es worn the l:.rd pit..till bit installed ear Site. (Dept_cif i'aniitng Services) 7) A Ylart Material 1 hitt spocify Ott; tae Bet nr it and C o I +ion flames of ail plant a-.dart l to be lust ill ;the,size Of Pie plant r-..ler rsi dt intitiallotion anti et:nettle-, tie pent cotersl is tc be couldroe;iced or P&P,. (Dept, of Plsr-lira - SCIVICcs) 3) A lotdseope. a,rirtenancc schedule which specifically atcs wire vrill pe t.nm rnzinterance coil that ,r1ai•r r c.c. Lc., °Y.-gr.in!,!, ,rod _h-'.I t cod upon foal eo c.f.Tialicc tm'ffie Dcparhui, ii ohPlhl,rr Se:-yjce, (i)(..t. ofLrethi„ "c:v,(cs) I.) I! pHCa'A.' Z.L3IL sub.,," waste h edit if; pljT,to tl 1'n,'ir in l .`r eras Diviiiitin of the Weld Coco)"kcal'-.l, Deouttooitt- Tito: i;lit. shell include anitilod5 Tr, e n,iai out , the.lCA e."atnr. r- list of wastes which a-c exciecbal to be [scneruted on site, jot cding eayiectiiu volt-tunic iiiiid pipes ,t c ,';.e tcncratcd (Hecht). Dept.). A fist of ttie type r n t c,,lu:t;e r d..c.lnicaa a:pected to be sioaed Or, six (fie:r1rh DC t-). 7hc q.::tc handle anti f ilii' cohere le wctotei will he disp,sed. i1 cl :We ,tie itticility r at•,ii-, initirwit, onC plr,litt numb in tilt-chi Dei t.). i) 'lire iiiii-,,iiii.iiin shall inc, ; hit()t;tl hyipr,vri-icfn t..recn'sci t r..Jin� lc, p..l:,:-y rr ..tt.i!i F. 12/15/1911 aft 51 3g Err. c:U;C011 RUILDG�� ]UC PA'S. rr. 12/14/0tl 1.:1:61 nin tilt) „ti vn� - .. collateral 1-o' improvements and post adequate collateral for garbing rood lendseapt rg requirenients. The agreement and Curia or collateral shah he reviewed by Comity SLID and necept.cd lry the Board of County Commissioners prior to recording the plot. d) The plat shall be athended to delit:eate the feilowine: 1) Any scNice and storms area shall be screened in accordance with Section 3?-4.3 2 of the Wend Cotmry Zoning Ordinznce and Sccciou 2.6.3 S'S or the Niizec] Ilse Development Plan which sties."1.oadaig,soterce,or storage areas must be reseened with an olmque screen that is an integral pert of the bui)di;ag urehiteetun.. Chair: lab Fencing with slatsor pallets use,hatzmatei `1c. scr.enilr.;mcrter.al. 1'la;ttmu!et�al shall'be used to soften the apgcmancecf die rcrecn' . (Dept. ofPlane ingScrarces) 2) AitprcprtE,Itt lendscapirip of e for that r,Yuts a public c private road right-of•w?, in ecCcotiiatice with Scctian?6442 S of UN-:Mixed Use Deeeiopment 1 lzn(Urdr-rn,lee 19)). (Dept. cf Plarutiap Seredes) 3) Aloropriate I zndecaping (011 theproposed per'-singuet In accord,:,, cc with Stetior 2 f).3.1 of teelsIDDGi clUesn the, rik >t1P e thepadtltaessl b) belerdscapcd. s\pprethiele d=lin et!un of land e rr..t 'Oren shall be reflected cc the revised P le ni:lg st Ct. 3 i } coal the plan 7ands n :PI<m, v.b,clr sbr,.l ,.r},.i,.�'xf F Upon shirll he placed oh the fn.nl plot to be recorded _} A con nlrtelizti.r of the tt < which he allot ed o: tee itc ]leis ll shell conform to uses identi.irci in the oriy. .i_, PUC) acid the We _ ` Dena ,sing, Ordmenee (Dept. Uf Ylrw-ilnv harvices e) •1 he following notes shall be plr.ccd oe the plat 1.) hu rtCeiir.'tence vri'.h the Weld count_. '.cu;ag 0-iin,nee, no lend, I,:sr'< n h or struchne shall be cheulgerl t. tr oy tune of e tegoncg, drevels.pecl cesceerl, Doesrucieci, t. o truster' move:'; �c.Tlral's 1 e ed 0: u crated it, the horthreri rtal or wd:u blot 70:10 districts in Site Fla:, Revisit t s beer. ;uc t ea by the l brpn:nt.-rt of plot td-ug.°/envies. (Dept Ci El shin% Son less) .the „ ? �tr.�r.Citit VALTIOOlvr OnlitOr.Scl The 10 be le T d to eel h,idu t rsrtiec. brie] t_ the iele S efhuildinu 1 ar"j the Illesc ten 1 tbc uppncrini ss,C.I !Tr cap, ohne,lease tr;cat arin arid in unlotric nt aarCt it COO}r Lvrc-cittt,rt". irOr d portion to the Weld C':our, y Artoree)'s cfTreh Y 1 d C unt3 2 it ins In nection >s psyckevs,istAs .lin via,s la pRn? n 71h>tict and tin;D { car ,1Z cif PI nn.tl i r to r,t the i, r er ,cC, use ul✓Or 1 � � E"�trc tr: r ILA �8:� d upon Le } -r _ v-ctieti, the DrDegeruncht. at l t t i r 4',Se t ter.m:; t'equire ues; Ho: pinto Rev ieo Spplh.:ation, (Dept. of Plain iog he]•:iecS) ;1 Three ',Till tie n ) att.iur (Or SO.1",.tiO.,:: ., thesis- nllcnved vtt Sf tt'Oy [Sr ii e_ 1.1'tn'oli A{) liquid an solid wet i,. kilted `tn toe tet,dici t. n<tc D) pose , an 1 F Ac;.?.(l-2( (t) Ck_t;,, : ni i ,rat, n:J• et: ft nrr,. rll:p r obi in !ill ❑'it': that a cte ]s tt.gai s a r ln:.< < *Roue::t l et.: n u,1 e I .. 12/15/199d( 1(1: 51 t(?, )(J PE(,CCI-' BUILDER', III.:: fAriC (Ir (Health Dept.) 5) No permanent disposal of wastes shall be permitted at this silt. (Health Dept.) 6) Waste materials shall be handled,stun e/d and disposed of in a manner that controls jugitive duet,blowing dehcis and oilier poteliteil nuisance conditorns. (Health Dept.) ) '['he n,axi:ss urn permissible oise)ev shall not exceed the light industhiailinitnf )0 dh(A), as measured according to 25-12-102, Colorado Ilev'sed Starnes (liea'th L)opc) 8) Adequate toilet facilities shall be provided for the lathli;: and employees, (Health Dent ) (y) The facility slcslltttilize the St VrcinSan'tutionDistrictfcc .w(\agedisposal (Health Dept.). 10) The fc,cilny shad utilize the 1 hl) Hand 1);;,:ter District iris do.nastie st':,;er service (I-Icalt)' Dept.) 111 IS]',pest;cider farmili-t rarid.other potential]yh :'ardouschemical5 uu he stored;cud },andled in a eele maniac, Refer cut.a 25-8-205.5 Colon ado A'ate1 Quality Coptxol Act and Rules and Regulations tlheneof. (Health Dept'I 12) If xpplteable. the applicant slitkll oatrin a stcn n water disehart, permit front the ColouhJo Pepa:trnerht of Public Health 2nd Encirumnr.ht, Wa', :r Duality Control Division. (Health Dept.) 1)) 1,84gcboiindisvd, nt coded; a:; inchcated In thrimproved I hndscape tlan shall be (mint me d +, all t res. Dead en dissed,ed plant unlit-11as shall x. replaced nha terIals of onnind guantit) and (-Isis the ea-litc,t possible tire`e. (1)elht of P`anni; e Services) I A) theapplicant shall adhere to t e hgh h imde_ s to :eca' ue with Section _).2.1.21.0 of tilt,. Weld Cfnhnt.r .:,cnl: r Ordinance (Ondiasr e S 1, as sun_,rded). (Dept. of PI Inning Seh.r:.e;) 15) 'nielotsro;hlet tee siafl in runumanhsh-nshsltbeee.i that°oht e.: /ar'_ t cdn the l) slgn Stmhd rds of Se t. r '.S.",.:h - h .L sa c ladontancat h a; shall ha"` en c,fld solid base di sh e,t- -al bar a.r.h inebase etlr.s 0, eCfcurilhscl. ,wC0 of tlr. snider( pest of the YET, lace. An c,:ie'.ed o: solid sign Lase shall act be ierlthcc.li the.lower edged thr lace it net !high Wed': onc loot above.u,i;herh. glad,: M. -,:on Ii c.hs shall ca prh r s .alm he. ion i ❑ i'e.11 ihn e Ac ee l (S feet h e iph; t;'e , h ,,. t,"?5) lea �fh .d 71,(- ht .,1;3117h < seer_fh ) alas :he a :r nc J,a-u. evad8d if lc. J d vrThin iii, trr; l t )Le slit h:.-n''. of-s t h 1 cm ' ea Ch a'Id i:mosi fact of back ch tic the;.-1 h u 1 uu eLlu,non<:,fo:5 TOO�' te al. •d -c �x lh? h cf the niltaitatht al,it le feet ' (Dept of 1-Is.(ni;.n- Sean dices) I; ! 'Lath ithr,in Iec sledlcon.'. rt tot''.hc.0 v cdh.'.eih hate ht i';e,'. 1 'h•ctt v°.tl t] lid Sit . 1'2/1E' 19J5 1(7: 57 rte-151--?'i E GEP,CJJhI [.UA_DEF. Thl'.: PAS,'.. rr, 12 17; '0 1:;: 2G r:c�+ a,v - -, _ Plan Review. Uses svhich do not conform to those specifically shown on the plat may require the stria-flitted and approval of a new Site Plan Review. (Dept. Of Planning Services.) 17) Each tenant space that is fin'a'ned will require art individual review and building permit Depending en the use of that particular spare, additional work maw need to be dote to the building, For instance,wan separation W ales,occupancy sepacotions, or flo rdrainsrr,oyberequired. Thismayra;alt!nadditional,unantic.ipatedexpense for the tenant of building owner.(Building Dept) I h) All structures,including signs,on site must obtain the appropriate building permits. (Dept. of!limning Services') 191 EffeetbeDeccialiei 1) 1999,BuildiripPetiirdsissueedforthispiojet'willbeitt,uircd o adt.e.se to the Ice siructure of the Soieltivest Wald Service Area Road Luhpact Fee prnt'rru; lOnGn.anur 211). (Dep.. Offnannir.g,Services) 2U) 7i;esite Shall rrarctam comrlianr.e ci+h the Weld Co ddy Mixed Use Development (M'(1L)) stand cods at all huts, (Boot. of Planning,Services) 21) 'fhoste shall boal utak compliance-with the N 'eldConhyPL+nned Unit Deeelco:;stmt Top) stauda-ds at all lime(. (Dept of lticnn¢ng Services) t) "]lu appli s.ni shall submit evidence. t; the Depintanent of Planninr Sea-vice:, that an conditions d regvi;e.h c ;t as 1111:1isated ir.the dtstrits letter dated Vetoher ld, 19s9 have lc . ,met turd that inna! upp"osal },t=bec*. (,:anted (Mountah;View hiss broteunoci t_A;ct) 40 -the alsphearnshall oba ;e idenoct CICDe .ht ,entut Planningervi e that all Lett \, ale] Dim ILA cc ticsh( and iea::irenJon15 heve snot andservice tei the let has been «bur tied. (Dept. of?Meanie,ie,, Se-rdi_es). I,.) (ha applicantshall submteviloncetobi Cr;crtrncntofPliennngSenhcesthatalib \' Din Chmueuion Diet lc; reuuirct rats l c been men ri d service to the lot hoe been obtainer (1)_;:;t. ci Pi arntiup, Setoice,) 11 f < ,;ill.,:at y1;111 ;> ,-nit r, Hai d:s;nbi,tp.soy ,gored on-site slump/. Asia pn.,p sca tt II a lnc.r< t tic ..i:hn of t1ha Weld edoriiiv Zoning[ is iranee and o ttisr'. 9.8 of not x1,.1'. Do;0. p gigot)(ions All pr ;p h .d saran :drill apply for a td ree-e c e b r,ldl. . p"nn! (Deli:.. p;]'terming Su-Dcc-s) Trio; in the release of lhull:ling permits: s, I, conluna;'r with-the re ;une'ne i 7 theHt rl Riau of Nisi,:(tontine(eittleentor,allsuett suin and lnl a cn:if is ; ; n; shell Do in n t,cic {Dent. of Planning Ser,i:w en hl t ,c-, apome,:l by the Isupenconti. at Hebron) s.t eves.the iota Hun Reeler. lids shall 1 , viasol. (Dent. of",z.m,iiSSt;vices) 7L:u alhpli.ant shall submit to;,, eonnplsle sets blueprinu to the budding )) pct;ne! (}tu•,Idirdr U .},ertuwnnt) 12/15/1 :9 10: 51 rlIt-ER .. 979 EEAC:OH LU1L ECES 1NC Prior tc the release of the Ceriif c,ate of Occupancy: nl A final inspection if the cf:supancy will he requilect by a mcmber the Mountain Vie,v, Protection D',striet. (Maintain View Fire Protection District) _ Y site man review conditionally approved by:_ '� -` —�-- Dale: 11/4/99 13er: Patton, Planner LEFT HALD WATER OILTRICT P.O. Box 210 Niwot, Colorado 80544-0210 Phone: 530-4200 FAX: 530-5252 no undersigned, for valuable considerations exchanged, HORIZON INVESTMENTS, LLC NAME(S): ---- • ADDRESS: 1740 Skyway Drive, Longmont, CO 80504 TELEPHONE: LEGAL DESCRIPTION:__ SECTION: TOWNSHIP: _ RANGE: SUBDIVISION: _ ___ BLOCK: LOT: ___ __ ME'TERL _ ACCOUNT#:__ — --- --- herewith represents and makes: v.n..• ♦•1♦**11.111vr.•*****************************111111******************** * *i*1.1**********************************f** **.* ** O APPLICATION FOR _ TAP(S) Applicant herewith tenders tap fee.lq_the amount of$ — U water transfer: Big T: _ Left Hand: - --------- - -- O evidence of ownership Date: _-19_ - ...w.**********************t** ****1i111********************iisI1,1R*t***********************M.a11.».aT*....*+.....1..,*........ Xp APPLICATION FOR TRANSFER OF _QIla TAP(S) Date of transfer August 2 19.49 _ water service paid Yr.ri transfer foe of$ 60.00 • • evidence of ownershlp-(copy warranty-deed or equal) };..7l new ownors NAMES(S): � Jon D. Cook -C}_ ADDRESS: _n t"X�) — uS�ovC _"1Q_. cfnca3 ._TELEPHONE: -77±ZyZ-_ ..— .*.1..1,1.******1**********111111111**********11**1.1111*****1111-11111**********11111******* ** ,f+11.*M.11.1..1.1.,.11........ and acknowledges that this APPLICATION IS: (1) executed subject to the policies and bylaws of the Left Hand Water District, and (2 r.::; effective until executed by the appropriate repr sentative of the District. SIGNATURE(S): .��- � c �.. Z--/j),/ • LEFT HAND WATER DISTRICT By:this —day of _The aferesigned herewith agree(s) to abide by and acknowledge(s) that from time to time the District or its Board of Director 0cry. (a.) adopt various different rates and/or classification for water usages (b.) promulgate various changes in District policies and bylaws (c.) sell assign, or otherwise convey a portion of its water service systems to another entity. The district shall be responsibl<, only to make available to applicant such water at such pressure as may be available at tfu. l cell of delivery as a result of the District's normal operation of its water distribution system,The District may temporarily discontinue tt e tiow of water in the main at the point of delivery in order to repair, maintain, improve, or replace the main or other portions of the District's w der r!;Iribufion and supply system. The Applicant shall indemnify the District from any and all claims or liability for hiss or c cage to any persons or properly resulting horn, arising out of, or connected with the rendition of any obligations herein uriderlak n lu, the Applicant. Note Water service charges begin upon actual connection or as otherwise. be provided for by the applicable DIS Tf11Cl's rules and regulations. 1 ,. iUVI el J. 611 1 QtJEST FOR SEWER 'NNECTION — Year 2000 Tap _,! tourer # Commercial/Industrial User �,agle Fam 3 Equrvalants; I (TO be deta.auncdhy : � Sn er Lot: _...— L rU�i¢I 6J!1�— / r4"' EJ uVICQ Following are the banruotion3 and procedures for obtaining a conuner_t alfinclu97in1 sca t Uip frOIn the Sr. Vran Sanitation DIS iec Md 1)r I. cotaccuotn to the Din-ices serve line cenldct thtbistrici office if c This infas Offce'on .1 ef])77l-9. 6.'1 of September 9, 1999 a.rd is tubjrhl to chsngy; We fecomrnatd t s you have mtA Gw:>tinii,9. (1!'tiaer(70)�7yt 9570 �r I, Sewer Tap Applicadon ll s 'Rei o.sl ILe informxucu 1'a ues xd p: the 7 CC: Sewer Cornegpon" u to b :on'.plr a signerl and subnirttd to r _I Roqxst lean and rho appropri:.[e fees. Chr a., for feat' should b; ❑ur9u ps}dLlc to t"Si Wain Sam.c.n 0District"r 7. Pear. The soh r;l'alz of(*errs is st torah be ass. Fu1I fees arc bascu )o ti )1c1(Ulagpll5 (St rtrelq side.o'de,�ili re ardvg y,a.tly ❑ It c-1 ilrnl l'FGtll vd inl,(SP[f as defined U:U D.st;7ef's EL F liuo_ bn F�i,�rovra.rn,n ice) '._ Piaui Igresva<rl Fcc. SS C'C6 Inap<aic�Fcc 1' 49 1"7 .- 0 / T DIAL l AP CONNI C r10N l'li L 55,OJ0 /SPE: ✓. _ 1c ap�, .,Nm c tee(rn;;) -. :,ltccelr/ 4`(- .I1(-/ lire Exue m Tae ,F r;emm,Fee T r7d TOTAL'I Al CONNECTION FLR/SIl: 7. dS q_ ypl .h!c lc:(d �i au"ax;gcd Lopecd by oont 4pnti of e Lloyd COn.1Oc ion Lon.l Lt 16L lu les dcor rt41 be a)pioved Cy ,L DO'u)ct' Inspector Lipepuon. n J Lee“(333)776-8311 or(3031.16.759E C0n 18 i n d'il•Lnce 4. Serrlce. Charge, and Billing The Dls nu ca;runtb hw e '! r , )cO grarterly at the address t frot on }'ou, api-roved kc,1u_er Car S w A.Uiu•ec to c antiv iyaivelent 1iGE }mfPmens still k�t inns-rDAY OF fF�'NIONIHIFOI_LOWING TAPPU e on airs de- 0C'c206 Of 5nrcL,.t , Se7S (.)`.;,. 111. Decenther llnd ss ll bet It L LahAS c 1.•, tc n wed 10> :LC. y nerd, :pci ecjL ,t PG 1 r once a a� urn cd(Jr, 'z>_>) A.11:.1-41; � Plainny d;e llttr .rµ-r3ias:rc (/)dars of the cr,u;sft of ow,,,'::-..!Up n irg ul-cso iS .ail ',-,?1.-.•u>)} oa.. rm:pEt ye.r in.eu �ttp Ci fr „�t:-r0 C.11.o X11 cs5 5 E,uI^i and Fe r t gel4rl rne. Cwin cl A . and 5er ce ur,wrlr I IQ IL; Za ti C Re:ale .t Uenu' Ermt u n fO CllY. C- J;n of 1. S. \cr rua °„rtl lauD:i Di,t.❑ 25 Ile) ):i..c.,err.or .,tkl,poe relr.vr.".lae lino (otficc. .yYO: Sr { ain S�uwt tioo th-trict I o;gnwn Q,Lir ado '5 6 olfra4a Cp L P.O.Box c 1v Lscncwm;CO S00.2-0906 Fr.,,, (103)776-957C F (so;);74.12.49 Cowp:wy Null �,);Yltifl"'; (:,(/ , t Applierurt Nome(Ploase krtnti- C/ � .- --L]T LcgiJTeyt rl}rtlon_ �ln Y ` — lG=r Sigu�tu:e, — - I14 6 ebp auly t un,re Of L SeVCC .: (t, — . . a c L'n E.rr I< vtur Ti., anf� t "'tl v ct> II St Vi,(n 5•1 LE,Ltion Nu (ii a ) r _ J( , 4t),/...1:; a t.i v( '1'6PI Inv c It all„c m , y._o.U:ti n,t,w I C/ ,rya U I c^ n .r 1),•:[;-:,;'• is plic at la. F .,,I • - rteelS rs .',cbn t t )l .wra..,, n 1 yLt r - , 11it.1>It c�:c.ic pr dcvlzt b::rc vr. Servttt Addrq /74/6 .�,, ( � <,,,_ 1'.nhng Adders t_fi7 eI ; mnc'.(,3022)_ 2(1''�3 Telephone IV ,i,,,er Gres aoans'c..: --. P uivrd / )t,,<,en NUnavi a Ln l A}"1'F,V.LD J _ f — 'l P>. ` eilri [1—/��a '` C y ne er o 1✓-aa.,tr - 1 •rGc' t ! Lem: < daft l / 1 u 1t h Inc G) the I I t ic-a < r.e a 0.r d..: r o J.h 1 '. .. I A t,, / r Is 1 1 t r ce - r _tr d _.,-_.v,r r n6_.e',calltpc ,,5) the I t , ,Lrl I o 1 1 r t .v ;t. t.... 2. 1 v Jr el._,. t i t kYPHC YED • ..Llydi c - ;_Ijr )eC(Gr 1 c E'f =n:rC_, , F.r _.._;r Ii:a,u Coll _ Iusr tees CcpY +,'.N(C.,ry C OL OAPS)0 1 JC120W AN. TST CEIS_ INC 520 MAIN STREET, SUITE C, LONGMON., COLORADO 80501 (303) 678-85oo STATEMENT OF SETTLEMENT 015E ND. 16715K FOR THE PURCHASER iTY ADDRESS: 1740 SKYWAY DRIVE, LONGMON'T, CO 80504 PURCHASER(S) : JON D. COOK SELLER(S) : HORIZON INVESTMENTS, LLC SETTLEMENT DATE: August 2, 1999 DATE OF PRORATION: August 2, 1999 LEGAL DESCRIPTION: LOT 5, BLOCK 3, VISTA COMMERCIAL CENTER FILING I, WELD COUNTY, COLORADO, ACCORDING TO THE CORRECTED PLAT RECORDED AUGUST 28, 1997 IN BOOK 1623 AS RECEPTION NO. 2566006. DEBIT CREDIT 1 SAllinq Prig@.. —.-_ _.__ —. __. . .__ 140,§_90_0Th -- 2., Uepq_stt aiel to DYER REALTY INC,_. _— _ _ ____._ ..._._._3 00QyQQ_. 2_Tcs3LJ2Q0A1_P yalJle_S2_—._ 5,_T rt Dged PyalLle to S.,._TrR9t Del.1_Payoff._to Int_fFS3t_ PreUID _ng�k3eferg_LAID_ J ALt€r_Sal g. 1 Ti'1 Exam, §Y _L G D_. 1 RecAr� ?Q_W$san CY Dged __. �QD —_ _.__. - 12, Te41.45t. _—_ 11ele?De_ 1_ RgWmyn a;y_FgC._.-- _.. . —__ __ _.__ 14.07_ I 16— c_QAItificate of 1'ar.S9__Due____ _ ._ —_. _1C 0!_—_—_... 17, tangs f0 I'zgceat aACH) b, TaxeS PeP.S.P4PPeuP—dnEas 211 Days B9 0 935 __i____ 12.64_ Tax Rt. erve 20 .. 1�PgF�ORa1 PP9PeFty_Ts?��- - 22_ HP I P,5--PACM,_.652,UMed2. __— 3._PI_e1141,M.f00K New TSe.liange24, Hazard n9y 1}Sccgrve15, t+ raga-ae__ns_,_ _ Loan$J4T Ins, eer v_e 12, L44an .$J4Tvic_e Fee 28. Lean D194QuntFgE?_ Intere,t on 1R2w ' Q SRA7YSY�C 3312_Ay:arar9al._FQ? 12,_WAter a 3U/yr_LevgrEFT HAND TAP JJ Re-tom - • SeSU it} DePg t3 3.2pI20.4)U_TrARSITQA_E_OU 36 LDan Payrent DAB 32, 17Q7J5,R,21 .E.U.R 38, 54, 40 LIFT HAND WATEH TAP _ 11,827.02 1) , ROA HAND ❑RAN 1 k FEE 6000 12, - - .. HOI. puES TO12-31-29 7144 COI 23, cLO5ING, FEE.__ cc]01 _Q_E_CI J4 44. Sub-Tota13 152,810.07 3,012.64 Shc:CLCC due to/from Buyer 149,757.43 Tot-tic 152, 610.07 152,810.07 ,urcha scr: bbb`] � Broker: DYER REALTY, INC. D. CO-1C (/ _ I L . e_ HJ� % Purchaser: COLORADO E°CROW AND TITIVERVIIS, INC. Recorded at o'clock. 1 I o I lillll 11111 Milli I IIIi lllil SI llll Ill Hitt till - - - — --- - - - 2744188 01/13/2000 03:51P JA Suki Tsukamolo l D(�b QUIT CLAIM DEED 1 of 1 R 5.00 D 0.00 Weld County CO Jon D. Cook whose address is P.O, Box 74, Hygiene, CO 80533 County of Boulder ,and State of Colorado ,for the consideration of One Dal ar I Dollars,in hand paid, herehy sell(s)and quit claim(s)to Skyway Drive,LTC II whose address is 1800 Pike Road, Longmont:, CO 80501 County of Boulder ,and State of Colorado ,the following real �'I I property,in the County of Weld ,told State of Colorado,to wit: II Lot 5, Block 3„ Vista Commercial Center Filing I, ii II Weld County, Colorado, according to the corrected plat II recorded August 28, 1997 in Book 1623 as Reception No. 2566006. II II also known as street and number 1740 Skyway Drive, Longmont, CO 80504. with all its appurtenances , ! - ,_ Signed this I', day of t Itr^.1.L�Oi 1+r.�C cX; /9 I STATE OF C0L01RADO, ss. County of 1Jw, 4 1 foret;o'nt instrument akewwh 16 1 before rau thin It - day of ASItit,L.C✓tom" //�� / III 4aUoe b➢ aro', �� . L601 __ J (\,J Al:rmnn,l_wsim,ex ,ue. x:,. I S`tiFTF17 '� I 5 to rl n ts.,n, ham ri 941 A 9 d � -------—LL-,!a1,yk a ..A-- :_ 1t II, Fey v01tr43Z'„tl'•. Lr'G� OF.,.....• O II OOLOPPO Ito 9S,Ho.bNS VtnT CLAIM llI FI .'hurt faeuJ u ar,wr�,mn; sv n. s,n.=,, G tco noxu- w nr I SNA 7 .7111 S DAVS',_ AND AC F2} F.MENT _— — The undersigned, as General Contractor and/or Owner and Purchaser, for the purpose of indu.ring UNITiO G::NERAL TITLE $NSIUTANCE C(TVANIVICTLD COUNTY TITLE CONSANY to issue its Loan and/or Uwrars Policy for Title Insurance in connection with the property described as: TAT 5, BLOCK 3, (LISA CaftERCIAI, CENTER FILING I, 1+ZID COUNTY, COLORADO, ACCORDING TO TIE Cfs2CPCTED PLAT (RECORDED AUGUST 28, 1997 IN ROOK 1623 AS RECEPTION N0. 2566006. • do hereby make the following representations to UNITED GENERAL TITLE INSGLitCE CCTC0ANY/BELD COUNTY TITLE CCf2ANY with full knowledge and intent that said company shall rely thereon: (AiN,ea'S AND/OR GENERAL CONTRACTOR'S STATEIteh'T: 1. The under igned owner is/are the owner(s) of the said property and thorn are no other present owners of this property Cr any portion thereof. 2. The undersigned have possession of all of this property and no other person or crucify has any right or claim, written ar verbal, to use or possess any portion of said property. '. The undersigned knew of no easements, rights of way, liens, agreements, options, contracts or other rights in or c'-airss to the propeut y, written or verbal, recorded or unrecorded, other than those disclosed in the Commitment for Title Insurance. 4. That all persons, firms and corporations, including the General Contractor, and all subcontractors, who have .furnished o er,ices, labor or materials, used for construction, enovatiorepair, maintenance, remodeling or other types of Construction c.mstruction of improvements on the real estate described, hove paid in full. nd 'he undersigned islare „ware of no Invoices, bills, clairts or dewnds for labor, services or rr,-..teriaan for which clam of -ayoe has been rude. that no claims have been made to the undersirined, no any suit no. pending of an co for, subcontractor, la rarer cr ea' ial , and that no mortgages, conditionalhills of sale, secnity agreerents or financing statements Lave been rroie, or are now outstanding as to a u materials, af.pliances, fixtures, r -svgs placed upon or installed in said oretires E 'hot all of the improvements cons:rurted on the real E:tate herein dos bed were crocheted on or Lenore August 2, '09 CHASER'S STATE.HZNT: 1. That the improvements on the real estate herein described have been fully completed by the General. Contractor and have leen accepted by the undersigned as completed and as satisfactory. 2. that the full purchase price has been paid by said Pordhssers to said tentsarior and/or feller. 3. That said premises (were) (will bo) occupied by said Purc-.avers on or about yst 2, 15339. 4. The undersigned have not caused or agreed to or costsarted for any labor, servinea em nterials to be fur ci shed or work to be done on said Improvements whim nuteria'_s or labor have no: been paid for in full or whirls raterial or labor could give rise to r.echanic's or other s uatut try 1::6^.s, aid have rut executed any security a greer.en;s or financi stat ere rats for materials, apps acmes, fixtures or furnishings placed upon or ir.sLalicA in said premises. 1:LET:TIGRE THE Uh RFI DO JOINTLY FAD SV;WL AT:TSE TO POT T e 'ENJ AND SA'TE ET2TLETSS UNITED R L T?G I-SiRPECE CU_A\T/W I COUNTY TITLE CasaAN? A;RI.ST RET END AIL LIABILITY, LOSS, DTY.T,GE, COSTS AND A rORtloY FEES BY RAON OF AY! CLAINY CR LIENS AT;SERflEY WISH 2.S2EOT TO THE KUTTERS DESCRIBE The RITVE PARAGRA -m.,) S A„,,EE:-IT E LiOt. APPLY ONLY TO EROS OF TEE UWeAsIGNED Gin TO THE tIiEil C. T?' 19G .;;,TAT ION; HATE EY EACH ti._._TIVE PERSON SIGNING fills. (CONTRACTOR) . Pam z .. P u��a er �oaT z„n m T N;e, � C�,1 i 6T,.TI: OP' COI,OPADO ) fE_ COON':Y Oe POO LDai ) • I I The foregcicg instrument was acknowledged before me this day, August 2, 1999 by HCRIZON INV35TYtNTS,- Li(:, JON I. jl COOK. (Contraetcr) cirri \ _ - Witne , hand and seal. NN\\^ �A N�ry Pub?. rt. My cormnisrton expires: /vt , ,T J15. T Case No: 16715:T Final Affidavit en:! Agreement Rev. 17/93 a of 1 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLA"I'ERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this day of , by and behveen the County of Weld,State of Colorado,acting through its Board of County hereinafter :allay "County" and Skyway Drive, LLC hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colordo: Lot 5, Block 3, Vista Commercial Center, Filing 1 WHEREAS, a final subdivision/PUD plat of said property, to be known 1740 Skyway Drive has been submitted to the .fewotyfer approval; and WHET, IA 3, of tile Weld County 51(10151sioa Ordinancu !-)rovides that no final pL shall be approved by the County until the Applicant has submitted a Subdivision Improvement Aecceme: era tnteeinathe construction of the public improvements shown on plans, plats and supporting t.mcni� of the subdivision, which improvemer,,ts. along with a time schedule for completion, are listed in K bibic 'S and "1 of this Aejeertient. NOW,THE..RE FORE,1,yCONSIDERATION OF the fore, ineandoftheaccepttnceandahprov: I of said final plat, the panty ticteta promise, covenant and agree as follows: 1.0 lEnv:ineeriiftr Services. Apphre intsh hi launch 't itsovvn expense,all eIgineeriu<. servie in connection with the design and construction of the subdivision improvemems listed o:. Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The requ n d engine ring services shall be performed by a Professional A Inpiner r arid Lane St vevor registered in the State of Colorado, and shall conhnn to the st r Mara_, and criteria established by the County for public imp'rovement . 1 .2 The eninee i rg ser Cgs shall Lonsist of, but not. he limited t vey r' i ris, plan.,and prti ies. Cs'i nates,consfruction s,tpel visHu.and the su ❑r ssi� 01 nece:a u J _locumenL to the County. • oP BOARD OF COUNTY COMMISSIONERS WELD COUNTY; COLORADO ATTEST: Weld County Clerk to the Board • BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT BY: (title) Subscribed and sworn to before me this day of , 19 My Commission expires: Notary Public • NeboIl NIWAPRIN.l l 1113 R I:e.v;mcd. ",9j I;XI-11131T "A" Nu_meofSubdivision: 1740 Skyway Drive Piling: One Location: 1740 Skyway Drive, Vista Commercial Center, Filing 1 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout iii subdivision and as shown on the subdivision final plat County dated , 19 them del on 19 in Book Page No. _ Reception No. , the following improvements. (heave spaces blank where they do not apply) Estimated lrnnrgvement Unit Cost Construction Cost / Str_trertdine Street base ,`.her! n iyir,n Ian r utta>. 1 $9.00/linear foot O1248 feet $i 232 _ �ttl /P14 Culverts $ 250 @ 2 2,500 Storm sevdd fpoilities Uctent ion nonis Jl It t improvements Subsu hod: drainage Sartuuvseweis ------- ----- Sriltu ' sewer s 7jt nlu A lorced lines Mains --;Picini; (house connected) $9.50/linear foot(t 250 feet_ 2,375 -- Cu --site sewage facilities ( tit-site water thoply tot age Water titanic lt r cedes- Pit hydrants thirvev `'. a e: lax eate It nr Q' eases .St eel lirh?ing Se c- i gang.' :ileac; let-Hutt teduir n cnts $8.00/linear foot @ 200 feet _ ---1600 _ I,:indcrmjr2 Lump bid 10,000 Park- improvements Red Calve;t (drop. i ,.i Sc.ale $5 00/linear foot @ 100 feet 500 7 ;Ir i hone Lateral Est 800 �.;.i�. Lateral Est 500 I rice Lateral Est 3,000 ,___ Wale: 'rai s,c' ` tif' IUTA , $32,507 Engineering and Supervision ,sts_$2,0_00_ (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actin construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION 334,507 hheabove improvements shall beconstructed in accordance with all Countyrccuirements and speciflcatioi nod conformance with this provision shall be determined solely by Weld Count;,or its duly authorized age,:: Said improvements shall be completed according to the:construction schedule set out in Exhibit "B". -- -----._..__—._------ -- Wendell Gene Pickett Manager(In corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Dcte: , 19 • ':() toe:is 6 12P : EXHIBIT "13" Name of Subdivision: 1740 Skyway Drive Piling: One • _ Location: 1740 Skyway Drive, Vista Commercial Center, Filing 1 Intending to ha legally bound, the undersigneci Applicant hereby agrees to construct the improvementsshownon the finalsubdivision plat of• . • Subdivision, dated , 19 , Recorded on 19 in Book , Page No. , Reception No. the followm?schedule. All improvements shall be completed within one years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply-) lmnovcmenu. Tim_ e. for_Comnlction Weeks Site r r,rdinC _ --_--_—_ Street base Street navin:: Curbs. cutters AV(1tJrVviel/:/ 26 - 28 �.✓c ,l✓ l// Culvert ----- ----- — -- — -3 5 Storm sewer 1 utliLc= _-- Rcrcntior, ponds Ditch improvements Suh mi face driiinieze Sanitary sewers _-- - _--_ _—,— 1_x_13 --____-- Trawl; and faced lines lfuerals (hope connected) --__ 11 13 Ci to sewnec Ia iliti .s On site water simply and store \Yuen mains .vrirants Survey & sheet monuments & poxes Strce[ lihtin . Street name si -ns feneine requhements _---_ .. .._ _.— 29 - -51 1 curve thin 26 — -_— Pails Iniurov ncrts l Ica arc 11 13 11 13 r .. •ir. 3 Water I'runsl ; Sun Intal n/61 . 11 02/15/2000 15: 44 303-651-7978 BEACON BUILDERS INC FA3E i1 BEACON BUILDERS, INC. 12359 North 75th Street Phone (303)776-9473 P O Box 296 Fax (303)651-7978 Hygiene, CO 80533 To: Weld County Site Plan Review Attn: Kim Fax: 970-304-6498 Pages: 3 Re: SPR-307 1740 Skyway Dr. Kim: We forgot to put the engineer letter for the revised site plan review in the information we submitted. It is attached to this fax. nc Sierely, Je Cook Beacon Builders, Inc. 0211512000 15: 44 303-651-7978 BEACON BUILDERS INC PAGE n� 'reb 10 00 I2 : ( zp WErvut' I I . - • PE February 9,2000 PICKET T ENCINEERIINC,INC. • Wendall Pickett Frontier Companies 1800 Pike Road Longmont, Colorado 80501 Re: Lot 5,Block 3,Vista Commercial Center PEI#99-029 Dear Mr. Pickett: I have reviewed your updated Site Landscape Plan,Drawing A-3, latest revision dated January I1;2000, 1999,which indicates the proposed drainage patterns for the above referenced lot. Vista Commercial Center is a subdivision which provides detention for the entire subdivision along the northern boundary of the property adjacent to Highway 119. Therefore,individual lot owners are not required to provide detention on their property,but are to collect and convey their stormwater to the side ditches of the adjacent roadways. In this case, Skyway Drive is the destination of your stormwater runoff as your grading plan reflects. In addition,it appears that for the 10-year storm and the 100-year storm the peek runoff rates will be 6.48 cfs and 70.24 cfs,respectively. It appears that the site is to be graded such that approximately 57%flows to the west driveway and 43% flows to the east driveway. The site is to receive asphalt paving with concrete curb and gutter. The concrete curb and gutter will convey the stormwater to the driveways. Since the curb and gutter is expected to end at the property line you may choose from several options to get the water into the side ditch. I would recommend, for aesthetic purposes, to use a concrete flume, although you could use a riprap channel to convey the water to your side ditches. In addition,your driveway culverts should be on the order of 24"to safely convey the ditch water from your site and the properties to the west. It appears that your grading concept should convey the water to the ditches. Should you have any other questions, or if the engineers at the Weld County Public Works Department have any questions, do not hesitate to call me. Sincerely, PICKETf ENGINEERING, INC. /Kriisss AA ickett,P.E. President KAP/jz enclosures 210 Bank One Plaza — 822 7th Street -- Greeley, CO 80631 Phone (970) 356-6362 -- Fax (970) 356-6486 pickett@ctos.com 02/15/2000 15: 44 303-651-7378 BEACON BUILDERS INC FARE Feb 1 0 00 i 1 : Uzp Wtnllti t.,t�7t r i i.nc , , �. - - Vista Commercial Center,Filing I Lot 5,Block 3 Drainage Report Area: 1.385 acres(60,345 s.f.) Cd...: 0.80 =(0.95 x 45,946/60,345)+ (0.3 x 14,399/ 60,345) =(50/ 60x3)+ (510 / 60x1.5)= 6min. 2 to = 5.85 in/hr Xtoo= 9.24 inihr West 57% East 43% Qto 1.385 x 5.85 x 0.80=6.48 cfs 3.69 cfs 2.79 cfs Civic — 1.385 x 9.24 x 0.80 10.24 cfs 5.84 cfs 4.40 cfs These are total runoff values for site. All runoff is conveyed via roadside ditch to subdivision detention facilities. Driveway culvert-Check for 24" to 30"RCP with F.E.S. WUDc FAX TRANSMISSION COLORADO WELD COUNTY DEPARTMENT OF PLANNING SERVICES FAX: 970-304-6498 PHONE: 970-353-6100, Err. 3540 To: Don Carroll Date: February 16, 2000 Fax: 304 6497 Pages: 4, including cover Phone: 3766 From: Kim Ogle Current Planner x 3537 Subject: Drainage Plan and Calculations for SPR 307 COMMENTS: Contact me if you need further information CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. SITE PLAN REVIEW 1119€. Administrative Review COLORADO Case Number: SPR-307 Parcel Number 1313 08 103005 Applicant: Jon Cook, Beacon Builders Legal Description: Lot 5, Block 3, Vista Commercial Center Filing 1 being part of the South ''A of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Zoning: PUD/ Light Industrial (L-1) & Highway Commercial (C-3) Proposed Use: Office and Warehouse Facility Site Plan Review Standards Meets the Intent of the Weld County Zoning Comments Ordinance&MUD Plan Site Plan Certification Included in Application YES Retention Facilities Engineering Approved in Memo from Don Carroll,Weld Co.Public Works, YES Dept.Approval Date 10/28/99 Offstreet Parking See Conditions of Approval, I.c YES Loading Areas See Conditions of Approval 1.d.1 YES Access Approved in Memo from Don Carroll,Weld Co. Public Works, YES 10/28/99 Setback Requirements 25 feet YES Offset Requirements 10 feet YES Landscaping See Conditions of Approval I.a, 1,2,3;d.2,3; 1.e.13 YES Trash Collection and Storage See Conditions of Approval I.d.l YES Potable Water Left Hand Water District I.e.10 YES Sewage Disposal St.Vrain Sanitation District,See Conditions of Approval I.e.9 YES Environment Standards Noise See Conditions of Approval I.e.1 YES Air Quality See Conditions of Approval I.e.6 YES Water Quality See Conditions of Approval I.b.l,2,3; I.e.l2 YES Radiation See Conditions of Approval I.e.6,l I YES Heat See Conditions of Approval I.e.6, I I YES Light See Conditions of Approval I.e.14 YES Property Maintenance See Conditions of Approval l.a.l,2,3; l.b.l,2,3; l.e.l3 YES This site plan review is approved with the attached conditions: Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: a) The applicant shall submit a revised Landscape Plan to the Department of Planning Services for review and approval. Upon approval the Landscape Plan shall be placed on the plat. The revised Landscape Plan shall include the following information: 1) An installation schedule which specifies when the landscaping will be installed on site. (Dept. of Planning Services) 2) A Plant Material List specifying the Botanical and Common names of all plant material to be installed;the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Dept. of Planning Services) 3) A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services. (Dept. of Planning Services) b) The applicant shall submit a waste handling plan to the Environmental Services Division of the Weld County Health Department. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site, including expected volumes and types of waste generated (Health Dept.). 2) A list of the type and volume of chemicals expected to be stored on site (Health Dept.). 3) The waste handler and facility where the waste will be disposed, including the facility name, address, and phone number(Health Dept.). c) The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. d) The plat shall be amended to delineate the following: 1) Any service and storage area shall be screened in accordance with Section 33.4.3.2 of the Weld County Zoning Ordinance and Section 2.6.3 #5 of the Mixed Use Development Plan which states,"Loading,service,or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen". (Dept. of Planning Services) 2) Appropriate landscaping of a lot that abuts a public or private road right-of-way in accordance with Section 2.6.4#2.b of the Mixed Use Development Plan(Ordinance 191). (Dept. of Planning Services) /3) Appropriate landscaping for the proposed parking area. In accordance with Section 2.6.3.1 of the MUD Ordinance,at least 10%of the parking area shall be landscaped. Appropriate delineation of landscaped areas shall be reflected on the revised Landscape Plan,which shall be approved by Planning staff Upon approval the plan shall be placed on the final plat to be recorded. �I l 14I A complete listing of the uses which shall be allowed on the site. This list shall conform to uses identified in the original PUD and the Weld County Zoning Ordinance. (Dept. Of Planning Services.) e) The following notes shall be placed on the plat: 1) In accordance with the Weld County Zoning Ordinance, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the commercial or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. of Planning Services) 2) The application does propose portions of the site to be leased to individual parties. Prior to the release of building permits for these tenants the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department,Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion,the Department of Planning Services may require a new Site Plan Review application. (Dept. of Planning Services) 3) There shall be no parking or staging of trucks allowed on Skyway Drive. (Public Works Dept.) 4) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-101,C.R.S.,as amended),shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 5) No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 6) Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust,blowing debris and other potential nuisance conditions. (Health Dept.) 7) The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as measured according to 25-12-102, Colorado Revised Statutes. (I-lealth Dept.) 8) Adequate toilet facilities shall be provided for the public and employees. (I-Iealth Dept.) 9) The facility shall utilize the St.Vrain Sanitation District for sewage disposal.(Health Dept.). 10) The facility shall utilize the Left Hand Water District for domestic water service (Health Dept.) 11) All pesticides,fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 121 If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Health Dept.) 13) Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Dept. of Planning Services) 14) The applicant shall adhere to the lighting standards, in accordance with Section 23.2.1.21.6 of the Weld County Zoning Ordinance (Ordinance 89, as amended). (Dept. of Planning Services) hot 15)) The low profile free standing monument sign shall be constructed in accordance with `(\} the Design Standards of Section 2.8.4.3.f which states,"monument signs shall have oNIN an enclosed,solid base or structural base with the base at least three-fourths the width of the widest past of the sign face. An enclosed or solid sign base shall not be required if the lower edge of the sign face is not higher than one foot above finished grade. Monument signs shall be on-premise signs, the sign area shall not exceed twenty-five (25) square feet, and the sign shall not exceed five (5) feet in height above the average adjacent grade, if located within fifteen feet from the street right- of-way. For each additional two feet of setback from the street right-of way, one additional foot may be added to the height of the sign to a maximum of eight feet." (Dept. of Planning Services) 16) Each tenant use shall conform to the uses which have been established with this Site Plan Review. Uses which do not conform to those specifically shown on the plat may require the submittal and approval of a new Site Plan Review. (Dept. Of Planning Services.) 17) Each tenant space that is finished will require an individual review and building permit. Depending on the use of that particular space, additional work may need to be done to the building. For instance,area separation walls,occupancy separations, or floor drains may be required. This may result in additional,unanticipated expense for the tenant or building owner. (Building Dept.) 18) All structures, including signs,on site must obtain the appropriate building permits. (Dept. of Planning Services) 19) Effective December 1, 1999,Building Permits issued for this project will be required to adhere to the fee structure of the Southwest Weld Service Area Road Impact Fee Program (Ordinance 211). (Dept. Of Planning Services) 20) The site shall maintain compliance with the Weld County Mixed Use Development (MUD) standards at all times. (Dept. of Planning Services) 21) The site shall maintain compliance with the Weld County Planned Unit Development (PUD) standards at all times. (Dept. of Planning Services) f) The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the district's letter dated October 13, 1999 have been met and that final approval has been granted. (Mountain View Fire Protection District) g) The applicant shall submit evidence to the Department of Planning Services that all Lefi Hand Water District conditions and requirements have been met and service to the lot has been obtained. (Dept. of Planning Services). h) The applicant shall submit evidence to the Department of Planning Services that all St. Vrain Sanitation District requirements have been met and service to the lot has been obtained. (Dept. of Planning Services) I) The applicant shall submit a plan describing any proposed on-site signage. Any proposed sign shall adhere to Section 42.3 of the Weld County Zoning Ordinance and Section 2.8 of the MUD District Regulations. All proposed signs shall apply for and receive a building permit (Dept. of Planning Services) 2. Prior to the release of building permits: a) In conjunction with the requirements for the Final Plan of Vista Commercial Center,all street signs and lot identification shall be in place. (Dept. of Planning Services) b) Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded. (Dept. of Planning Services) c) The applicant shall submit two complete sets of blueprints to the Building Department. (Building Department) 3. Prior to the release of the Certificate of Occupancy: a) A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) Site Plan Review conditionally approved by: �1 Date: 11/4/99 Ben Patton, Planner *oUNt"'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: 9119 County Line Road• Longmont, CO 80501 E • 1 + (303) 772-0710• FAX (303) 651-7702 F VIEW October 13, 1999 Mr. Ben Patton Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr. Patton: I have reviewed the submitted material pertaining to the request for the construction of a 22,500 square office warehouse building at 1740 Skyway (Case Number: S-307). The property named is within the boundaries of the Mountain View Fire Protection District and receives service from the District. The Fire District does not object to the request to build the building provided the requirements of the Fire District can be met. Based on my review, I have the following comments regarding the project: • Buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other applicable codes and ordinances, as enforced by Weld County. • Fire apparatus access is acceptable provided the south end is used as fenced storage and an additional unit is not added to the south end. Fire apparatus is required around the entire building due to the length of the building and roadway. Apparatus access roads must be a minimum of 20 feet in width. If an additional unit is placed on the south side of the building the width of the roadway between the building and the parking area will only be 12 feet. If an additional unit is placed at the south an approved turn around will need to be provided on both sides of the building or the access road way reconfigured. Using the south end for fenced storage, as shown on the plans, will provide the required 20 feet of access between the fence and the parking area and no changes will be required. • All applicable codes will need to be met with regard to fire hydrant locations and fire flows. Not enough information has been provided about the building (i.e. the type of construction, if the building is sprinklered, etc.) or the nature of the occupancies (i.e. if there is high-piled stock, repair of vehicles, storage of flammable liquids, etc.,)to determine the required fire flow for the building or what types of interior fire protection systems will be required. This can all be determined at the time the final site plans and building construction plans to the Fire District for review. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station t 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 Pa Box 11 10911 Dobbin Ran P.O.Box 666 '.O.Box Lt Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 10n So.Fox eo St 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie.CO 80516 ,tat ono.CO 50)14 Mr. Ben Patton October 13, 1999 Page Two • A final site plan and building construction plans must be submitted, by the applicant, to the Fire District for review and approval prior to the issuance of building permits. Building construction plans must include the Uniform Building Code construction type, the occupancy classification(s), the proposes uses of the tenant spaces and if the building is protected with an automatic fire sprinkler system. The final site plan must include the location of existing or proposed fire hydrants and water main sizes. The Fire District reserves the right to make further comments as the project proceeds. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, II LuAnn Penfold Fire Marshal LMP/lp cc: Tom Cook, 1740 Skyway Drive, LLC, 1800 Pike Road,Longmont, CO 80501 Jon Cook, Beacon Builders,P.O. Box 296, Hygiene, CO 80533 project file file 'p'0.1399 10119;1999 12: 24 3630518595 CITY OF LGMT F:-,6E 11 Avowal" DEPARTMENT OF COMMUNITY DEVELOPM EN OL OR ADO PLANNING & PUBLIC WORKS DIVISIONS CIVIC CENTER COMPLEX / LONGMONT, CO 80501 (303)-651-8330/ (303)-651-8304 FAX (303)-651-8696 FAX COVER SHEET TO: ra eh -PCL iiiov) COMPANY: GUPt'd (ode)1L) FAX 0: q7U - 3b (14 -- 6 (-79 (" FROM: /3}7 '2j G� /yam CX L/, ".{.- DATE: /C>7 ql 9 NOTES: I/1 S7 �DwtO.7/ cic31 (.0 r>1:n tQn�. TOTAL#OF PAGES ORIGINAL/COPY TO FOLLOW: CONFIDENILALITI NOIICF: TATS MESSAGE IS INTENDED ONLY FOR TIM USE OE THE INDIVIDUAL. OR END IS' 10 µ'I IICI I IT IS ADI)R!SSI I) AND MAY CONTAIN INFORMATION 'I"IIA'F IS I'RIVILcxjr D, CONFIDENTIAL. AND EXFMI''I FROM DISCI OSIIRII (Nor I( APPLICABLE. LAµ'. IF 'I'HF- READER OF THIS MESSAGE IS NOT I'HI INTENDED RI'C'IPII{Nr OR HE IMPLOVF:E OR AGENT RESPONSIBLE FOR DELIVERING EMI.MESSAGE SOLEY TO'nit-INTENDED RE('IPIFNI 1(111 ARP. FIERFBY' NOTIFIED THAT ANY DISSEMINATION, IRSTRIHUIION OR COPYING OF THIS COMMUNI(A I ION IS S'T'RICTLY PROHIDI'TED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE; NO Hi-Y t S IMMEDIATELY BY TELEPHONE AND RGTURN THE ORIGINAL. MI:SSA(ii TO LIS AT THE: ABOVE ADDRESS 4'IA I IIF 1 .S. POSTAI.SERVICE. THANK YOU. 16!19/1999 1 2: 24 3036518696 CITY OF LGMT 943ELod r .flfSna L . i ' Weld County 'Referral III DC September 28, 1999 COLORADO The Weld County Department of Planning Services has received the following Item for review: Applicant Tom Cook Case Number SPR-307 Please Reply 8yq Planner ' t; ft Project Site Plan Review for office and warehouse uses In the PUD (C-3/I-1)zone Legal Lot 5, Block 3,Vista Commercial Center of the 8th P.M., Weld County, Colorado. Location North of and adjacent to SH 119; Approximately 2.5 miles west of 1-25. For a more precise location, see legal. Parcel Number 1313 08 103008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan lI We have reviewed the request end find no conflicts with our interests. ❑ See attached letter. Comments: Signature MA/cc/ r vt&IAt t/G/� 1 t /9, i9g 9 Agency t it.�y >f �O✓,'( ylAY-)2 e Date OWeki County Planning Dept, 41555 N. 17th Ave.f3reeley,CO.80631 4(970)3534100 ext.3540 4(970)304.8498 fax t4'� � � Memorandum a orandum !NiIC TO: Ben Patton, W. C. Planning Dept. DATE: October 13, 1999 COLORADO FROM: Sheble McConnellogue, W.C. Environmental Services CASE NO.: SPR-307 NAME: Cook, Tom Environmental Health Services has reviewed this proposal for a Site Plan Review for Office and Warehouse uses. The following conditions are recommended to be part of any approval: I) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2) No permanent disposal of wastes shall be permitted at this site. 3) Waste materials shall be handled, stored, and disposed in a manner that controls fugitiv c dust, blowing debris, and other potential nuisance conditions. 4) The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A 1, as measured according to 25-12-102, Colorado Revised Statutes. 5) Adequate toilet facilities shall be provided for the public and employees. 6) The facility shall utilize the existing municipal sewage treatment system. (St. Vrain Sanitation) 7) All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 8) The facility shall utilized the existing public water supply. (Left Hand Water District) 9) If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health& Environment, Water Quality Control Division. 10) Prior to recording the plat,the applicant shall submit a waste handling plan to the Environmental Health Services Division of the Weld County Department of Public Health and. Environment. The plan shall include at a minimum, the following. 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). SM/vh0841 itti\C "itz MEMORANDUM TO: Ben Patton/Julie Chester, Planners DATE: October 28, 999 WI I P FROM: Donald Carroll, Engineering Administrator u�`��' e. SUBJECT: SPR-307; Tom Cook COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Weld County Site Plan Review (C-3/I-1) zone. Our comments and requirements are as follows COMMENTS: All transportation and storm water drainage for Phase I of Vista Commercial Center has been completed. Each individual lot shall have adequate parking and storm water retention. The applicant has supplied a Storm Water Drainage Plan which was stamped and signed by a professional engineer. I have reviewed the calculations and drawing and have no conflict with the report. The paved parking lot cross section reflects six inches of asphalt and four inches of base which appears to be adequate for the use. The circulation and parking meets the requirements for the site. REQUIREMENTS: Culverts: The applicant is identifying two 24-inch culverts to be located at the entrances and these need to be placed on the plat. Improvements Agreement: The applicant shall supply an On-Site Improvements Agreement According Policies Regarding Collateral for Improvements. cc: SPR-307 plantspr e;d County Pbnr t.l'l1 0 l i')oc; d," I • 44131 Weld County Referral September 28, 1999 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Tom Cook Case Number SPR-307 Please Reply By October 20, 1999 Planner Ben Patton Project Site Plan Review for office and warehouse uses in the PUD (C-3/I-1) zone Legal Lot 5, Block 3,Vista Commercial Center of the 6th P.M., Weld County, Colorado. Location North of and adjacent to SH 119; Approximately 2.5 miles west off-25. For a more precise location, see legal Parcel Number 1313 08 103005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature !/ / 7 — 3‘/- Agency Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax DEPARTMENT OF BUILDING INSPECTION 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 I PHONE (970) 353-6100, EXT.3540 �• FAX (970) 304-6498 COLORADO September 30, 1999 Tom Cook Site Plan Review for office and warehouse uses in the PUD (C-3/1-1) zone 1. Proper building permits shall be obtained prior to construction of the proposed building. Drawings for the building structure and foundation shall be engineered. 2. Each tenant space that is finished, will require an individual review and permit. Depending on the use of that particular space, additional work may need to be done to the building. For instance, area separation walls, occupancy separations, or floor drains may be required. This may result in additional, unanticipated expense for the tenant or building owner. 3. Any signs that are built shall also require building permits. 4. The building and parking areas shall be designed for handicap accessibility. Res r c fully, i r ave r rag - Building it fficia service,Teamwork, Integrity,Quality Hello