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Home My WebLink About981525.tiff APPLICATION MATERIALS BOHRER P.U.D. PLANNED UNIT DEVELOPMENT CHANGE OF ZONE • Prepared for: KERMIT BOHRER 14761 WCR 3 LONGMONT, COLORADO 80501 Prepared by: ROCKY MOUNTAIN CONSULTANTS, INC. 825 DELAWARE AVE., SUITE 500 LONGMONT, COLORADO 80501 April 15, 1998 981525 EXHIBIT t£ ✓ ROCKY MOUNTAIN CONSULTANTS, INC. RIC Premiere Building 825 Delaware Ave., Suite 500 Longmont, CO 80501 (303) 772-5282 April 15, 1998 Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong@rmii.com Mr. Todd Hodges Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Bohrer Planned Unit Development - Change of Zone Dear Todd: Enclosed you will find the application materials for the Bohrer PUD, Change of Zone. The property is located approximately 1 mile north of Highway 66 on WCR#1. The surrounding area has been developed over time to include rural residential development fronting on WCR 1 with larger agricultural parcels behind the homes. This PUD was reviewed by the Department of Planning Services in December 1997 (S-437). We have revised the application to respond to the referral comments as follows: • Adherence to the Comprehensive Plan Goals and Policies This property is not prime agricultural land. The land is marginally productive. There are no water rights tied to the property. This land is currently managed as irrigated hay and dryland pasture. The applicant manages the hay in conjunction with adjacent farming activities. This parcel is not critical to the ongoing agricultural production on the adjacent parcels. We have reduced the number of lots from nine to five to maintain a non-urban character. Four of the lots will be 2.5 acres each and located on the non-irrigated portion of the property, closer to WCR #1. The fifth lot will include the remaining 19.8 acres, which is mostly irrigated hay. We have included a building envelope on the larger parcel for a future home site. This will maintain a non-urban character for the PUD, consistent with development outside of the designated urban growth boundaries of Mead and Longmont. • Common Open Space/Amenities to the Subdivision We have established 15% common open space in the PUD. A 5.6 acre common open space outlot has been set aside as permanent open space for future residents of the PUD. The open space will be managed as a native pasture. A trail system will reinforce the connection between the new homes and provide an opportunity for the new residents to enjoy the rural setting away from the traffic on WCR # 1. Clusters of trees will be planted to provide shady areas along the trail. This trail will form the edge between the proposed CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING 981.525 Rnc Mr. Todd Hodges April 15, 1998 Page 2 residential parcels and the larger agricultural parcel and connect to the internal access drive to form a looped system. The open space will be owned and maintained by the Homeowners' Association. • Roadways and Sidewalks An internal private drive will provide access for all of the lots. This drive will connect to an existing gravel access along the southern boundary of the property. We have contacted United Power regarding relocation of the existing power pole to allow for two lane traffic on the gravel access off of WCR # 1. We have added the additional 10' of right-of-way for WCR#1 along the western boundary of the PUD. The PUD has been redesigned to a non- urban density. We request that the Public Works Department reconsider the requirement for paved access and a turn lane off of WCR #1. The limited amount of traffic within the PUD will allow for the access drive to function for cars and pedestrians, eliminating the need for sidewalks within the PUD. • Public services Public services available for the PUD include water, telephone, electricity and natural gas. We have contacted the Mountain View Fire Protection District and will comply with their requests. The PUD will be subject the appropriate school impact fee. It is our understanding that the current fee is $427 per single family residential unit, payable at the time of building permit. • Right to Farm Covenant As indicated above, this parcel is marginally productive farm land. The properties will be marketed as rural residential building sites, surrounded by agricultural land uses. The estate residential lots have been located adjacent to WCR #1, consistent with the character of the surrounding area. The larger agricultural lot will provide a buffer between the estate residential lots and agricultural properties to the east. Kermit and Christopher wish to proceed as quickly as possible through the County review process. Please call me if you need any additional information for your review. Thank you for your assistance. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Barbara Brunk Landscape Architect H:\7156 W2\ZONECHNG\COVLTR.WPD 981525 TABLE OF CONTENTS Application Materials Pages Al - A4 PUD Development Guide Pages D1 - D5 ATTACHMENTS Application Form Attachment 1 Vicinity Map Attachment 2 peed for the property Attachment 3 Affidavit of Interest Owners of Surface Estate Attachment 4 Affidavit of Mineral Owners and Mineral Lessees Attachment 5 Letter from Longs Peak Water District Attachment 6 Letter from Public Service Attachment 7 Letter from United Power Attachment 8 Letter from Mountain View Fire Protection District Attachment 9 Preliminary Engineering Geologic Reconnaissance Attachment 10 Preliminary Covenants Attachment 11 Draft Maintenance Agreement Attachment 12 Soils Information - SCS Weld County Soil Survey Attachment 13 Sketch Plan Drainage Report Attachment 14 Rezoning Plat Map Attachment 15 Landscape Plan Attachment 16 981.525 BOHRER PUD CHANGE OF ZONE APPLICATION April 15, 1998 The following information follows the format of the application requirements as outlined in the Planned Unit Development Procedural Guide packet distributed by Weld County. 1. The PUD change of zone application form and application fee are attached. 2. A statement describing the proposed PUD concept, land use and architectural style of the PUD project. Plans for this PUD include the creation of 4 estate residential and one agricultural lot on 36.6 acres. The parcel is currently a combination of dryland pasture and irrigated hay. •• Four of the proposed lots have been located on the dryland pasture on the western boundary of the property. These lots will be approximately 2.5 acres in size and take access off of a private lane. A 5.6 acre open space outlot has been included to provide common open space for the PUD. The 5th lot will include the 19.8-acre parcel that is currently managed as irrigated alfalfa hay. We have included a building envelope on the plan for this parcel. Access to the future home site will also be via the private drive. The 19.8-acre parcel will remain in agricultural production for the foreseeable future. We anticipate that the homes on the lots will be rural residential in character and have drafted covenants to be recorded with the final plat if the PUD is approved. The covenants set forth minimum standards for the homes. Construction within the PUD will be subject to review and approval of an Architectural Control Committee. A copy of the draft covenants is attached for review. 3. A statement which demonstrates how the proposed PUD rezoning is consistent with the policies of the Weld County Comprehensive Plan, as amended. This land is currently managed as irrigated hay and dryland pasture. The land is marginally productive. The applicant manages the pasture in conjunction with adjacent farming activities. This parcel is not critical to the ongoing agricultural production on the adjacent parcels. There are 5 lots within the PUD. Four of the lots will be 2.5 acres each and located on the non-irrigated portion of the property, closer to WCR #1. The remaining 19.8 acres will make up the 5h lot. We have included a building envelope on the larger parcel for a future home site. This will maintain a non-urban character for the PUD, consistent with development outside of the designated urban growth boundaries of Mead and Longmont. Bohrer PUD- Change of Zone Application Page A-I 981525 4. A statement which demonstrates how the uses within the PUD are compatible with each other. The non-urban character of the PUD will assure internal compatibility. The estate residential lots have been located adjacent to WCR#1 along the western portion of the PUD. The proposed open space forms the boundary between the larger, agricultural parcel and estate residential lots. This will allow for ongoing management of the irrigated hay and minimize conflicts with the new homes. 5. A statement which demonstrates how the uses within the PUD are compatible with the surrounding land use. Land use within 'h mile of the PUD is as follows: North: agricultural and rural residential • West: agricultural, rural residential and a game farm. East: agricultural South: agricultural and rural residential The area surrounding the PUD includes existing rural residential development and agricultural land uses. The homes are closer to WCR #1 with agricultural uses to the back of the parcels. The PUD as proposed will be similar to this existing character. The proposed open space forms the boundary between the larger agricultural parcel and estate residential lots. This will allow for ongoing management of the irrigated pasture and minimize conflicts with the new homes. 6. A description of each use within the PUD. The PUD will create 4 estate residential building sites and one agricultural lot with a building envelope for a future home. There is an existing mobile home on Lot 1. It is anticipated that this unit will eventually be replaced with a new home consistent with the covenants as proposed. The applicants plan to sell the four smaller lots for development by individual homeowners. They plan to retain the larger parcel as a compliment to their adjacent farming operations. The home on the larger parcel would most likely be built at some time in the future, when the applicants no longer wish to farm the property. 7. A statement of the size and type of any public and private open space and semi public uses, including parks, recreation areas, schools sites and similar uses. A 5.6 acre common open space outlot has been set aside for common open space for future residents of the PUD. The open space will be managed as a native pasture. A trail system will reinforce the connection between the new homes and provide an opportunity for the new residents to enjoy the rural setting away from the traffic on WCR 1. Clusters of trees will be planted to provide shady areas along the trail. This trail will form the edge between the proposed residential parcel and the larger agricultural parcel and connect to the internal Bohrer PUD- Change of Zone Application Page A-2 9531525 access drive to form a looped system. There are no anticipated public or semi-public uses associated with this request. 8. A statement describing the PUD's source of water. We have contacted the Longs Peak Water District regarding provision of water for the proposed development within the PUD. The District has indicated that water taps in this area are available and that any line extensions necessary to serve the PUD will be the applicant's responsibility. A letter regarding a commitment to serve the proposed lots is attached. 9. A statement describing the PUD's type of sewer system. Sanitary sewer service for the proposed lots will be provided by individual septic systems. The systems will be designed consistent with Weld County Health Department standards and permitted as required by the County. 10. A statement regarding access to the PUD. A private drive will provide access to the PUD. This drive will access an existing drive that is connected to WCR#1. WCR # 1 is adjacent to the western border of the PUD. The existing right-of-way for WCR#1 is indicated as 60' - 30' each side of the center line. We have added an additional 10' of ROW to provide half of the required 80' row for an arterial street, as requested by the Transportation Department. There are no anticipated improvements to WCR 1 associated with this request. The private lane that will serve the proposed homes will be included in a 40' wide private access and utility easement. The private drive will include a 22' wide gravel road surface. The width of borrow ditches will vary based on existing and proposed grades and final drainage design within the PUD. Maximum side slopes for borrow ditches will be maintained at 3:1. We have also provided an emergency access to WCR 1 as requested by the Mountain View Fire Protection District. This access will be an all-weather access that will be designed and maintained to support the imposed loads of fire apparatus. A farm fence with a gate will keep other traffic from using this access. 11. A soils survey and study of the PUD site. A copy of the USGS Soil Conservation District soils information is attached. A detailed soils report prepared is being prepared by Rocky Mountain Consultants. We will forward a copy of the report upon completion. Bohrer PUD- Change of Zone Application Page A-3 981525 12. A statement regarding sand, gravel or other mineral resource. There are no known mineral resources associated with this property. 13. A statement regarding the floodplain. This property does not lie within a 100 year floodplain per FEMA Community Panel 080266 0850 C, September 28, 1982. 14. A statement regarding geological hazards within the PUD. There are no known geologic hazards associated with the PUD. A copy of the preliminary geologic reconnaissance is attached for review. 15. The department of Planning Services will post the property as required by County regulations. 16. A certified list of names, addresses and the corresponding parcel identification numbers is attached. 17. A certified list of names, addresses of mineral owners and lessees is attached. 18. The mineral rights are owned by the applicants and there are no existing leases encumbering this property. Bohrer PUD- Change of Zone Application Page A-4 981525 BOHRER PUD - CHANGE OF ZONE DEVELOPMENT GUIDE APRIL 15, 1998 This development guide follows the requirements set forth in section 6.3 of the Weld County Planned Unit Development Ordinance 197. 6.3.1 - Environmental Impacts 1. Noise and Vibration - Once construction of the new homes is completed, 5 homes will not add significant noise or vibration to the neighborhood. 2. Smoke, Dust and Odors - Once construction of the new homes is completed, 5 homes will not add smoke or odor to the neighborhood. All areas disturbed during construction will be revegetated to control dust and erosion. The speed on the access drive will be posted as 20 mph to limit dust from the road. 3. Heat, Light and Glare - Five new homes will not add significant heat, light or glare to the neighborhood. Site lighting will be designed to limit off-site glare. An unpaved access drive will reduce heat typically associated with paved streets. 4. Visual/Aesthetic Impacts - The lots have been designed to allow the new homes to fit into the character if the surrounding neighborhood. Building envelopes have been designated to maximize views to the west from the proposed homes. Homeowners will be required to maintain properties consistent with the covenants established for the PUD. 5. Electrical Interference - Nuisance activities are prohibited within the PUD by covenant. We do not anticipate any activities that will generate electrical interference within the PUD. 6. Water Pollution - Surface runoff will be controlled during construction in compliance with State of Colorado storm water management guidelines. All areas disturbed during construction will be seeded to prevent erosion. All agricultural activities are managed to prevent pollution of surface and ground water. 7. Waste Water Disposal - Waste water will be treated by individual sewage disposal systems (ISDS). The systems will be designed and permitted consistent with Weld County Health Department standards and regulations. 8. Wetland Removal - No wetlands will be removed as part of this application. 9. Erosion and Sedimentation - Surface runoff will be controlled during construction in compliance with State of Colorado storm water management guidelines. All areas disturbed during construction will be seeded to prevent erosion. 10. Excavating, Filing and Grading - Excavation and grading associated with the PUD will include foundations, installation of utilities and construction of the private access drive. Construction of the ISDS for individual lots may require some excavation and fill to meet Health Department requirements for ground water separation and percolation rates. 11. Drilling, Ditching and Dredging - A small tail water collection ditch will be installed along the eastern boundary if the proposed lots to collect irrigation run off and direct it to the drainage area within the open space. There is no drilling or dredging associated with the PUD. 12. Air Pollution - Five new homes will not add significant air pollution to this neighborhood. Bohrer PUD-Development Guide Page D-1 981525 13. Solid Waste - Removal of household solid waste will be the responsibility of the individual homeowners. 14. Wildlife Removal - This property is currently managed as irrigated agricultural land and dryland pasture. Construction of 5 homes within the PUD will not result in the removal of wildlife from the PUD. 15. Natural Vegetation Removal - This property is currently managed as irrigated agricultural land and dryland pasture. Construction of 5 homes within the PUD will not result in the removal of natural vegetation from the PUD. The existing drainage area at the southeast corner of the PUD will be preserved and has been incorporated into the open space. 16. Radiation/Radioactive Material - There is no known radiation/radioactive material associated with the PUD. 17. Drinking Water Source - The drinking water source for the PUD will be Longs Peak Water District. 18. Traffic Impacts - Traffic associated with 5 single family homes is estimated at 50 ADT. Traffic from the proposed PUD will access WCR #1 at an existing intersection. It is our understanding that WCR #1 can accommodate the traffic from the PUD. Right-of-way for future expansion of the road to has been reserved on the plat. 6.3.2 Service Provision Impacts 1. Schools - Residents within the PUD will pay the appropriate school impact fee ($427.00 per home) at the time of building permit to help offset impacts to the elementary school as requested by the School District. 2. Law Enforcement - Law enforcement for the PUD will be provided by the Weld County Sheriff. 3. Fire Protection - Fire protection for the PUD will be provided by the Mountain View Fire Protection District. Please see the attached letter from the District outlining their requirements for the PUD. 4. Ambulance - In an emergency, 911 contacts Boulder Communications and American Medical Response. Appropriate emergency medical assistance is dispatched to respond to the request. Non-emergency ambulance service is available in Longmont. 5. Transportation - Access to the PUD will be provided by a private access drive. This drive will access an existing drive that is accessed by WCR #1. Weld County Road 1 is adjacent to the western border of the PUD. The existing right-of-way for WCR #1 is indicated as 60' - 30' each side of the center line. The existing road is a 24' wide paved surface with shoulder and borrow ditches on both sides. We have added an additional 10' of right-of-way to provide half of the required 80' right-of-way for an arterial street, as requested by the Transportation Department. There are no anticipated improvements to WCR #1 associated with this request. The private lane that will serve the proposed homes will be included in a 40' wide private access and utility easement. We anticipate that the private drive will include a 22' wide gravel road surface. The width of borrow ditches will vary based on existing and proposed grades and final drainage design within the PUD. Maximum side slopes for borrow ditches will be maintained at 3:1. Bohrer PUD-Development Guide Page D-2 941.525 We have also provided an emergency access to WCR #1 as requested by the Mountain View Fire Protection District. This access will be an all-weather access that will serve the needs of the fire district. A farm fence with a gate will keep other traffic from using this access. 6. Traffic Impact Analysis - The applicants request a waiver of this requirement. Typical single family residential development generates 10 trips per household per day. This will add 50 trips to WCR #1 at build out of the PUD. The traffic from the PUD will access WCR #1 at an existing intersection. The existing traffic counts on WCR#1 indicate 2,124 trips within a 24 hour period. We anticipate that the addition of 50 trips per day will be a 2% increase in volume on this road over a 24 hour period. 7. Storm Drainage - A storm drainage report was reviewed by the Weld County in conjunction with the Sketch Plan for the PUD. Densities have been decreased, but the overall drainage patterns have not been changed. 8. Utility Provisions - Water, electricity, natural gas and telephone are available to serve the PUD. Letters form the service providers are attached. 9. Water Provisions - Water for the PUD will be provided by Longs Peak Water District. A letter from the District is attached. 10. Sewage Disposal Provisions - Sanitary sewer will be provided by individual Sanitation Disposal Systems (ISDS) consistent with Weld County Health Department Standards. 6.3.3 Landscaping Elements 1. The landscaping as presented is consistent with the Weld County's goals, policies and regulations. 2. Landscape Plan - A landscape plan is attached for review. All landscaping installed on the lots shall be designed, installed and maintained in accordance with standard Xeriscape practices. Landscaping shall be installed to reinforce the architectural character of the homes and anchor the structures in the landscape. The goal is utilize landscaping along with architectural design and building materials, to fit the proposed homes into the landscape, consistent with the rural character of the area. A landscape plan including existing and proposed grades, location and size of proposed plant materials and ground cover (both live and inert) shall be submitted to the Architectural Control Committee for review and approval as part of the architectural review for proposed residences. The open space will be managed as a native pasture. A trail system will reinforce the connection between the new homes and provide an opportunity for the new residents to enjoy the rural setting away from the traffic on WCR # 1. Clusters of trees will be planted to provide shady areas along the trail. This trail will form the edge between the proposed residential parcel and the larger agricultural parcel and connect to the internal access drive to form a looped system. 3. Buffering and Screening - The only buffering associated with the PUD is the common open space along the eastern portion of the estate residential lots. A tail water ditch will collect runoff from the adjacent field and direct it to the drainage area at the southeast Bohrer PUD-Development Guide Page D-3 981525 corner of the PUD. This will minimize conflicts between the management of the pasture and the rural residential homes. 4. Maintenance - Landscaping on the individual lots will be the responsibility of the individual homeowners. Maintenance of the open space will be the responsibility of the Homeowners' Association. Prior to development of the home on the agricultural lot, the alfalfa pasture will be established as a hay meadow to allow for management of the pasture in association with the future home. 5. On-Site Improvements Agreement - A draft On-Site Improvements Agreement is attached. 6. Adequate Water- There are no water rights associated with this property. The applicant currently uses Highland Ditch water to irrigate the alfalfa in conjunction with the adjacent farming operation. Prior to development in the agricultural lot, the pasture will be seeded to dryland pasture. The applicant will irrigate the pasture to establish the grass in preparation for the development of the residential home site. This will assure that the grass is established before irrigation stops. Plantings within the open space have been designed to survive on natural precipitation, once established. They will be watered by hand for the first two growing seasons. Landscaping on the individual lots will be maintained by the individual homeowners with treated water. 6.3.4 Site Design I. Unique Features - There is a small drainage area at the southeast corner of the PUD. This area has been incorporated into the open space for the PUD and will preserve the historic drainage patterns through this property. 2. Compliance with the Comprehensive Plan - This land is currently managed as irrigated hay and dryland pasture. The land is marginally productive. The applicant manages the pasture in conjunction with adjacent farming activities. This parcel is not critical to the ongoing agricultural production on the adjacent parcels. There are five lots within the PUD. Four of the lots will be 2.5 acres each and located on the non-irrigated portion of the property, closer to WCR #1. The remaining 20 acres, which currently grows alfalfa hay will make up the 5ih lot. We have included a building envelope on the larger parcel for a future home site. This will maintain a non-urban character for the PUD, consistent with development outside of the designated urban growth boundaries of Mead and Longmont. 3. Compatibility within the PUD - The non-urban character of the PUD will assure internal compatibility. The estate residential lots have been located adjacent to WCR #1 along the western portion of the PUD. The proposed open space forms the boundary between the larger agricultural parcel and estate residential lots. This will allow for ongoing management of the irrigated pasture and minimize conflicts with the new homes. 4. Compatibility with surrounding land use - Land use within 'h mile of the PUD is as follows: North: agricultural and rural residential West: agricultural, rural residential and a game farm East: agricultural South: agricultural and rural residential Bohrer PUD-Development Guide Page D-4 981525 The area surrounding the PUD includes existing rural residential development and agricultural land uses. The homes are closer to WCR #1 with agricultural uses to the back of the parcels. The PUD as proposed will be similar to this existing character. The proposed open space forms the boundary between the larger, agricultural parcel and estate residential lots. This will allow for ongoing management of the irrigated pasture and minimize conflicts with the new homes. 5. Hazard Areas - This property does not lie within a 100 year floodplain per FEMA Community Panel 080266 0850 C, September 28, 1982. There are no known geologic hazards associated with the PUD. A copy of the Preliminary Geologic Reconnaissance Report is attached for review. 6.3.5 Open Space Regulations 1. The common open space will be platted as an outlot and will remain as permanent open space. 2. The Homeowners Association (I-1OA) will be established prior to sale of the lots. 3. All landowners within the PUD will be members of the HOA. 4. The HOA will own and maintain the open space consistent with Weld County PUD requirements. 6.3.6 Signage There is no signage associated with the PUD at this time. If future residents wish to install signage, all signs will be consistent with the Weld County Zoning Ordinance and the Weld County Planned Unit Development Ordinance. 6.3.7 MUD Impact This property does not lie within the MUD. 6.3.8 Intergovernmental Agreements This property is not within an area subject to intergovernmental agreements. The Sketch Plan application was referred the Mead and Longmont. Mead indicated that the PUD is not in conflict with their Comprehensive Plan. Longmont requested additional right-of- way for WCR #1. However, this property is outside the Longmont Planning Area. We have provided right-of-way as requested by Weld County Transportation Department Bohrer PUD-Development Guide Page D-5 981.525 ATTACHMENT 1 Application Form 981525 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631 Phone (303) 353-6100, Ext. 3540, Fax#(303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY App. Ch'd By: Case Number: Z- - Z/d2 App. Fee: Receipt Number Record. Fee: Receipt Number TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed PUD rezoning for the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: A portion of the south 1/2 of the NW 1/4 of section 19, T3N, R68W of the 6th PM - Please see attached Exhibit A for a complete legal description 1�ItKc�1il7 (207 t4 000003 Property Address (if available): PRESENT ZONE A(Agricultural) PROPOSED ZONE PUD TOTAL ACREAGE about 36 acres OVERLAY ZONES none SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: \lame Kermit Bohrer Home Telephone#: (303)678-7979 Address: 14761 WCR 3 Bus. Telephone#: Longmont. CO 80501 Name Christopher Henson Home Telephone#: (303)651-6589 Address: 14506 WCR 1 Bus. Telephone#: Longmont. CO 80501 APPLICANT OR AUTHORIZED AGENT(if different from above) Name Kermit Bohrer Home Telephone#: (303)678-7979 Address: 14761 WCR 3 Bus. Telephone#: Longmont. CO 80501 OWNERS AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD COUNTY ASSESSORS OFFICE Name Kermit Bohrer Home Telephone#: (303)678-7979 Address: 14761 WCR 3 Bus. Telephone#: Longmont, CO 80501 Name Christopher Henson Home Telephone#: (303)651-6589 Address: 14506 WCR 1 Bus. Telephone#:J Longmont, CO 80501 / � . 7� Si nature: Owner or A oriz d Agent H:\2756_002\ZONECHNG\WCZONE.APP 981525 EXHIBIT A Legal Description ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19, NORTH 00'00'17" WEST 12.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00'00'17" WEST 1306.21 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19: THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, NORTH 89'11 '50" EAST 1320.11 FEET TO A POINT WHENCE THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER BEARS NORTH 89'11'50" EAST 1283.38 FEET; THENCE SOUTH 30'01'10" EAST 323.60 FEET; THENCE SOUTH 23'52'50" WEST 96.60 FEET; THENCE SOUTH 03'38'10" EAST 317.60 FEET; THENCE SOUTH 21'44'50" WEST 40.00 FEET; THENCE SOUTH 50'18'50" WEST 93.20 FEET; THENCE SOUTH 62'42'50" WEST 84.40 FEET; THENCE SOUTH 76'54'50" WEST 313.80 FEET; THENCE SOUTH 39'49'50" WEST 324.40 FEET; THENCE SOUTH 31'44'25" WEST 206.79 FEET TO A POINT ON A LINE 12.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 19; THENCE ALONG SAID LINE, SOUTH 89'20'20" WEST 679.07 FEET TO THE POINT OF BEGINNING, CONTAINING 36.622 ACRES MORE OR LESS. NOTICF• ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 981.525 ATTACHMENT 10 Preliminary Geologic Reconnaissance Report 981525 ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave., Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong@rmii.com October 6, 1997 Kermit and Sandra Bohrer 14761 Weld County Road 3 Longmont, Colorado 80501 Re: Preliminary Engineering Geologic Reconnaissance, Proposed Bohrer P.U.D., County Line Street, Weld County, Colorado; RMC Job No. 80-2756.002.00 Dear Mr. and Mrs. Bohrer: This letter presents the results of our engineering geologic reconnaissance of the proposed Bohrer P.U.D. to be located in the northwest one-quarter of Section 19, Township 3 North, Range 68 West in Weld County, Colorado, as shown on the sketch plan. The site is located on the east side of County Line Street approximately one-half mile north of State Highway 66. It is our understanding that the proposed development will consist of nine lots. The anticipated building sites are on the western one-third of the site adjacent to County Line Street. This reconnaissance concentrated on geologic conditions in the proposed building areas. The scope of work included a site reconnaissance, review of published geologic and soils data, and preparation of this letter summarizing the data gathered, our interpretation and analysis, and conclusions regarding the proposed development. SITE CONDITIONS The site is located in an agricultural/rural residential area. The approximate eastern two-thirds of the site is currently in alfalfa production and is irrigated by a center pivot irrigation system. The remainder of the site is under weed and grass vegetation. The only structures on-site are a mobile home and a garage-type structure on the southwest corner of the site. The site topography is shown on the sketch plan. Two drainage swales are present on the site. One swale is present near the east site boundary, and the other swale dissects the west part of the site as shown on the sketch plan. The two swales come together on the south part of the site in an area which appears to have wetlands-type vegetation. Topography at the site slopes gently to moderately to the south and southwest with local slopes towards the two drainage swales. o��,ouratq,� 981.525 a r rte, CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING CONSUL' RMC Mr. Kermit Bohrer October 6, 1997 Page 2 GEOLOGIC CONDITIONS In the project area, sedimentary bedrock dips east and southeast away from the Rocky Mountain Front Range. Regional geologic mapping (Colton, 1978) shows bedrock of the Upper Transition Member of the Pierre Shale at the surface. According to Colton (1978), the Upper Transition Member is made up of sandstone and shale with gradations in between. Based on our experience in the area and our site reconnaissance, it is likely that the surface soils at the site are residual soils with local slopewash, and possibly some eolian (wind deposited) soils. Competent bedrock would be expected at relatively shallow depths and in some areas at or very near the surface. Regional soil mapping (Crabb, 1979) shows three soil types mapped at the site. These are the Heldt, Renohill, and Shingle soils. The anticipated building areas are within the mapped Heldt soils with the exception of an area mapped as Shingle soils on the south part of the site. The site soils and their published engineering classifications and septic tank adsorption properties are summarized on Table 1. ENGINEERING AND GEOLOGIC CONSIDERATIONS We found no geologic conditions which would render development of the site technically infeasible. However, several factors of a geologic nature should be considered during site development. Swelling Soils and Bedrock Regional soils and geologic mapping indicate clay soils and/or claystone and shale bedrock are likely present at the site. Such soils and bedrock are potentially expansive. Review of Table 1 indicates the Heldt and Renohill soils have moderate to high swell potential. When building locations are known, site specific geotechnical investigations, including exploratory drilling and geotechnical laboratory testing should be performed to develop appropriate foundation design criteria. If swelling soils and/or bedrock are present, foundation designs to mitigate the potential impacts of swelling soils and bedrock should be implemented. Such designs are available and are commonly constructed in this area. Waste Disposal Systems The site soils may not be suitable for conventional septic tank/drain field-type disposal systems due to low percolation rates and shallow bedrock. In such cases, alternative waste disposal systems may be appropriate. Site specific investigations will be necessary to determine the appropriate waste disposal system. Erosion The site soils currently do not appear to be highly susceptible to erosion. However, soils will become more susceptible to erosion when vegetation is stripped for site development. Construction plans should include measures to minimize erosion. 98 525 Rnc Mr. Kermit Bohrer October 6, 1997 Page 3 Shallow Groundwater Review of regional depth to groundwater mapping (Hillier and Schneider, 1979) indicates the site is in an area where the water table depth generally ranges from five to 20 feet with a seasonal high water table generally less than 10 feet. Shallow groundwater, if present, may affect the design of subsurface structures and waste disposal systems. Site specific borings should be drilled to investigate groundwater levels. In addition, groundwater levels can be expected to rise in the irrigation season. Pavement Subgrade Soils at the site will probably have poor to fair pavement support characteristics. Site specific subgrade investigations should be performed and pavement should be designed based on Weld County approved design methods. Flooding Review of the Flood Insurance Rate Map of Weld County (FIRM, 1982) indicates the site is in an area of minimal flooding. LIMITATIONS AND ADDITIONAL INVESTIGATIONS This letter report is based on a site reconnaissance and a review of published regional geologic and soils data. We warrant only that the work has been performed in accordance with preliminary engineering geologic standards in this area. Additional site specific investigations, subsurface borings in the proposed building areas, and percolation tests and subsurface exploration in the proposed waste disposal areas are necessary to provide information for pavement design, foundation, waste disposal, and other geotechnical criteria such as site grading. If you have any questions or comments, please call. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Gary Linden, R.G. Engineering Geologist GL:sp Attachment C:\OFFICE\DEPTB0\BOHRE R.TR 981525 Rnc REFERFNCES Colton, R.G., 1978, "Geologic Map of the Boulder-Fort Collins-Greeley Area, Colorado," U.S.G.S. Map I-855G. Crabb, J.A., 1979, "Soil Survey of Weld County, Colorado, Southern Part," U.S.D.A. Soil Conservation Service. FIRM, 1982, "Flood Insurance Rate Map, Weld County, Colorado, Unincorporated Area," Panel 850 of 1075 Community Panel Number 080266 0850 C. Hillier, D.E., and Schneider, P.A., 1979, "Depth of Water Table (1976-77) in the Boulder-Fort Collins-Greeley Area, Front Range Urban Corridor, Colorado," U.S.G.S. Map k855-I. 9918.525 0 'Q C C in co c10. `., d E vY - d V N V C t re 2 ,_ O R i o v. y C 0°. O O O 0 0 .0 .0 0 0 0 -0 H o c, aVi o =° y a =° o m is ≥ a) o ≥ m o m > d U o vfiv o_ vft -00 0.tn N V C.En vt 0 In In 0 o m co o m NI V) O In I in p N N N. In In 00 C •H H a' O o c o o I o o I . e .... d rn c Lei in M C m ti H 0 0 0 0 0 0 u. Hy o I I O a r In O O LA LA Z c a co ci, , r\ N. O cu r- a, a, ✓ ow+ a " m 0 0 0 0 0 m a i I LA L, Lc) LA L, i- co m co m N N. ✓ V U Z_ Z A W C F.. CU • a Z C e M W V C v� 2 R U V 8O J2 J a V V a J V 1 j R I U V V N E dNJ CO Q. C 0 T _rn "r 0 ' 03 O .$CU CS 0 O '01 1/4O y = d n O C Z I CD ce Lei 981.525 ATTACHMENT 11 Preliminary Covenants 981.525 Northwest /, Section 19 Township 3 North Range 68 West of the 6th PM. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1. DECLARANT. The declarant in this Declaration of Covenants, Conditions & Restrictions is hereinafter referred to as "Declarant." 2. RECITALS. WHEREAS, Declarant is the Owner of certain property in the County of Weld, State of Colorado, which is more particularly described as Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, a map of which is recorded in the office of the Clerk and Recorder of Weld County, Colorado. WHEREAS, Declarant desires and intends to sell or transfer the properties described above, and to impose upon said properties mutually beneficial covenants, conditions and restrictions under a general scheme or plan of improvement and development to enhance the value, desirability, attractiveness and salability of such Lots and for the benefit of all the lands in the development and the future Owners of those lands. THEREFORE, Declarant hereby declares that Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 shall be held, sold, conveyed, used, improved, occupied and resided upon in conformity with and subject to the following easements, restrictions, covenants, charges, assessments and liens which are for the purpose of protecting the value and desirability of, and which shall run with, all the real property in the development and be binding on and inure to the benefit of all parties having any right, title or interest in any of the Properties or any part thereof, their heirs, successors and assigns. 3. DEFINITIONS. When used in this instrument, the following definitions shall apply: 3.1. "Declarant" or "Declarants" shall mean and refer to Sandra Bohrer, her successors and assigns. 3.2. "Owner" shall mean and refer to the record Owner of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation, and excluding Declarant. 3.3. "Properties" shall mean and refer to Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9. 3.4. "Lot" shall mean and refer to any plot of land identified as such and shown upon the recorded map of the Properties, being Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9. Page 1 of 11 981.525 4. COVENANTS, CONDITIONS AND RESTRICTIONS. The covenants, conditions and restrictions contained herein shall apply to the development and shall be covenants running with the land, shall be binding on all parties and on all persons claiming under them for a period of 25 years from the date this Declaration of Covenants, Conditions and Restrictions is recorded, after which time said Declaration shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Properties has been recorded agreeing to change said Declaration in whole or in part. 5. RESIDENTIAL AREA COVENANTS, CONDITIONS AND RESTRICTIONS. The following covenants, conditions and restrictions are applicable to each Lot: 5.1. Land Use. The Lots, nor any part thereof, shall not be occupied or used for any purpose other than private single-family residences. No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this section shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. No business or profession of any nature which results in non-resident vehicular or pedestrian traffic to and from the Lots shall be conducted on any Lot or in any residence construed thereon, with the exception of agricultural-related business. 5.2. Building Type. No structures shall be erected, placed, altered or permitted to remain on any part of the above-described property other than detached single-family dwellings, not to exceed two stories in height, one private garage for each such dwelling for the Owner or Owners of such dwelling for not less than two or more than four vehicles and accessory barns and outbuildings as approved before construction by the Architectural Control Committee. 5.3. Dwelling Cost, Quality and Size. No dwelling shall be erected on any part of the above-described property at a cost of less than $200,000, exclusive of land and landscaping costs, based upon the cost levels prevailing on the date that these Covenants are recorded, it being the intention and purpose of this Covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure devoted to living purposes, exclusive of one-story open porches, roofed or unroofed porches, garages, terraces and basements, shall not be less than 2500 square feet for a one-story dwelling. If a residence of more than one story is constructed, then the main floor of the structure devoted to living purposes shall not have less than 200O square feet of floor area and the second story shall not have less than 1500 square feet devoted to living space. Roofs covered with asphalt shingles or with material which is metallic in appearance shall be prohibited except where specifically approved by the Architectural Control Page 2 of 11 9S1525 Committee prior to installation thereof. All construction shall be in compliance with the applicable ordinances and codes of Weld County except where these covenants impose more stringent requirements, in which case these covenants shall govern. 5.4. Buildings, Fences and Walls. No fence or wall shall be constructed on any Lot without the prior written consent of the Architectural Control Committee. The Architectural Control Committee, as a general rule, shall refuse permission for house, outside buildings, boundary fences and walls which would obstruct views of other Lots, but shall, as a general rule, be receptive to granting permission for privacy fences or walls screening patios, outdoor eating areas, and the like, which encompass substantially less than all of a rear, side, or front yard. For purposes of this section, hedges shall be considered to be the same as fences and subject to the same restrictions. (The term "wall" as used in this section shall not include the walls of a house or garage, but rather shall mean walls which are freestanding and intended to enclose or screen areas outside the house or garage.) All common fencing installed by a current occupant shall be reimbursed by future occupants of any adjoining Lots at a rate of one-half of the cost, not to exceed $ per running foot. Such reimbursements shall be due at closing. Common fencings shall be jointly maintained in accordance with good fencing practices. 5.5. Easements. Easements are as shown on the recorded map of the development. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may endanger or interfere with the installation and maintenance of utilities or ditches, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easements area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible, or those easements granted to all Lot Owners as further stated in this declaration. All Owners shall have reasonable access to carrying ditches and headgates as necessary for irrigation of their parcels. 5.6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the residents of the development. No firearms shall be discharged on the Properties. 5.7. Vehicles. No boats, trailers, campers, motorcycles, farm equipment/machinery, motor bikes or inoperative vehicles shall be parked closer to the street than the minimum building set-back line. No inoperable, unlicensed or junk motor vehicles are allowed. Trailers, boats, motorcycles, farm equipment/machinery, motor bikes or any other equipment shall not be kept on any Lot or about the premises except in an enclosed building or area. Page 3 of 11 991.525 5.8. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently, except during a six-month construction period when a single-wide mobile home shall be allowed. 5.9. Signs. No sign of any kind shall be displayed to the public view on any Lot, except one professional sign of not more than one square foot identifying the Owners or lessees of the property; one sign of not more than five square feet advertising the property for sale or rent, and signs customarily displayed by builders during the construction period of the dwelling, and such other signs as may be approved by the Architectural Committee. 5.10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 5.11. Livestock and Poultry. No horses, cattle, sheep, goats, rabbits, poultry or animals of any description or kind shall be allowed with the exception of household animals such as dogs and cats and they shall not be allowed to make objectionable noises, cause noxious odors, or otherwise constitute a nuisance, annoyance, or inconvenience to, or disturb the peace of, residents of the development. No dogs shall be allowed to leave the Owner's property unless under the complete control of the Owner. 5.12. Building Location. Subject to the minimum distances required by Weld County regulations, as from time to time may be amended, every building, structure or other improvements shall be located in accordance with the following-prescribed distances from Lot lines: A. Front set back at least 100 feet from Lot line. B. Rear set back at least 100 feet from Lot line. C. Side yard set back at least 100 feet from Lot line. Roofs, eaves and porches may not overhang or encroach upon any set-back requirement. The Architectural Control Committee may, in its sound dicrretion, grant variances of these set-back requirements. Page 4 of 11 9S1525 5.13. Garbage and Refuse Disposal and Lot Maintenance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter,junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so they are visible from any neighboring Lot or street, except as necessary during the period of construction. Each occupied Lot shall at all times be kept clear of excessive weeds and other unsightly growth, and the same shall be forthwith removed from the Lot by the Lot Owner upon demand of the Architectural Control Committee. After a residence bas been constructed on any Lot, the remaining unpaved portion of the Lot shall promptly be planted to grass or other vegetation or left in native vegetation or covered with decorative materials, and maintained in that condition, so as to prevent the blowing of dust and dirt from the exposed soil. In the event any structure is destroyed, whether wholly or partially, by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the foundations, and all debris, shall be promptly removed from the Property. All types of refrigeration, cooling or heating apparatus must be concealed in a manner which has the prior written approval of the Architectural Control Committee. No garbage or trash cans or receptacles shall be maintained in such a manner that they are exposed to the view of passersby on a public street or highway. 5.14. Moved-in Structures. No structure shall be moved from a point outside the real property hereinbefore described to within the real property hereinbefore described without special written permission from the Architectural Control Committee as hereinafter provided. 5.15. Construction Period. Any building construction must be completed within a six-month period from the date of commencement of construction. No building may be occupied until the exterior is completed and painted and final Lot grading relating to construction is completed. 5.16. Landscaping. The landscaping, including trees, shrubs, grass, rock work, etc., upon each Lot and around the improvements thereon shall be equal in cost to at least 5% of the total construction costs for the primary residence and outbuildings upon the property and such landscaping shall be installed within one year from the date of completion of the single-family residence or outbuilding constructed upon the premises. 5.17. MRD's. MRD's are not allowed. 5.18. Architectural Control Committee. The Architectural Control Committee shall be composed of three (3) members or their designated representatives, successors or assigns. Each of the nine (9) Lot Owners shall have the right to cast one vote in electing the Architectural Control Committee. The three-member Architectural Page 5 of 11 9S1525 Control Committee shall be elected by a simple majority. A majority decision of the Committee shall be final as to all matters within the jurisdiction of the Committee. A majority of the Committee may designate a representative to act on their behalf and the decision of the representative shall have the force and effect of a final decision of the Committee. Service on the Committee shall be without financial compensation and the Committee shall not incur debt or expense on behalf of any Owner, except by express consent of the Owner or Owners thereby affected. The Committee's approval shall be in writing and signed by the Committee members, and no decision of the Committee shall be further appealable unless a good faith dispute shall arise concerning whether or not a particular proposed structure or improvement falls within the Committee's jurisdiction. Should a good faith dispute arise between the Committee and any Lot Owner regarding whether a proposed improvement falls within the authority of the Committee, the parties agree that no construction chap commence or continue following receipt of notice of the Committee's objection, unless and until the jurisdictional dispute is resolved and the Committee's authority is either received or a determination is made that the Committee's approval is not required. Should a dispute become unresolvable by informal means, the parties mutually designate the District Court of Weld County as the exclusive forum for resolution of all disputes regarding construction or interpretation of these covenants, although the parties may submit any dispute to mediation or binding arbitration by mutual agreement. 5.19. Architectural Control. No building, structure, towers, masts, antennas, satellite antennas, fence or wall (natural or artificial, including tall-standing trees and hedges), shall be erected, placed, planted or altered on any Lot until the construction plans and specifications thereof, and a plan showing the location of the structure or tall- standing planting, shall have been approved by the Architectural Control Committee as to conformity with these covenants, quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topographic and finish grade elevation, and effect on scenic view of adjacent landowners. Outbuildings larger than 2500 square feet with an eave height of higher than 12 feet and an overall height greater than 18 feet shall only be allowed subject to a majority vote of all property Owners of this development. No previously approved structures shall be substantially extended or substantially altered or modified without the approval of the Architectural Control Committee. Before any Lot Owner shall commence the construction, reconstructions, exterior remodeling, addition to or alteration of any building, wall, fence, garage or any other structure of any kind whatsoever on any Lot, such person shall submit to the Page 6 of 11 991525 Architectural Control Committee (hereinafter "Committee") a complete set of plans and specifications for said improvements, the erection or alteration of which is desired, and no construction shall be commenced unless and until the final construction plans, specifications, elevations and a plan showing the location of structures, septic fields, drainage routes and access shall have received the prior approval of the Committee as hereinafter provided. Such plans shall include plot plans showing the location of the Lot or property and the location of the proposed addition, structure, wall, tall-standing trees or hedges, fences, yard lights, driveways, access roads, swimming pool, or other structure proposed to be constructed, placed, altered or maintained on the Lot, together with the proposed color scheme of roof and exteriors thereof. In order to avoid unnecessary hardships, it is mandatory that all Lot Owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings of such work to the Committee in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications, or incurring substantial expense in that regard. The Committee shall approve or disapprove, or approve in part, the final plans, specifications and detain within 30 days and in writing after the date of receipt thereof. In the event'that the Committee, or its designated representative, fails to approve, approve in part or disapprove the final plans, elevations and specifications within 30 days after such plans have been submitted to it, the Committee's approval shall be deemed to have been obtained by default, unless the Committee, by written notice by certified mail, return receipt requested, requests an extension of time to further study proposed plans and specifications, to obtain expert analysis or opinions, tests, data and other materials or advice which the Committee shall require. The Committee shall be entitled to one extension of 30 days' time for said purposes, after which approval will be deemed given unless the proposed plans and specifications are sooner approved or rejected. In the event any Owner shall commence construction without the prior approval of the Committee, the Committee shall be privileged to retain appropriate attorneys and commence suit to enjoin further construction, installation or improvements until approval shall have been obtained, and in the case of completed structures or improvements within the Committee's jurisdiction, the failure to obtain prior approval shall be conclusive evidence of violation of covenant and shall render the offending Owner liable for damages, including mandatory relief requiring the offending Owner to dismantle, remove and eradicate all evidence of the unapproved completed or partially completed structure. In this context, "structure" shall be construed to mean any improvement for which the Committee's approval shall be required, as otherwise herein provided. Page 7 of 11 991525 Neither the Committee nor any architect, engineer or agent of the Committee, shall be responsible in any way for defects in plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No buildings or improvements previously approved for construction or placement upon any Lot shall be moved without the prior written approval of the Committee. 5.20. Enforcement. The Committee, the Owner or Owners of any Lots or any lawful representative of the County of Weld may enforce the restrictions and limitations herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. In addition, the prevailing party shall be entitled to all reasonable attorneys' fees and costs in the event legal proceedings are necessary or brought in order to compel compliance with any of said restrictions and limitations. 5.21. Binding Effect. Each grantee of the properties included within this Declaration, by acceptance of a deed conveying any of the Lots of Properties, shall accept title thereto upon and subject to each and all of the restrictions, conditions, covenants and agreements herein contained, and by such acceptance, shall for himself, his heirs, personal representatives, successors and assigns, covenant, agree and consent to, and with the grantees and subsequent Owners of each of said other Lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements. Said restrictions, covenants and agreements are intended and imposed for the direct, mutual and reciprocal benefits of each and all of said Lots and outlots and subsequent Owners thereof, and to create mutual and equitable servitudes upon each of said Lots and outlots in favor of each other Lot and outlot, and reciprocal rights and obligations and privity of contact and estate between the grantees of said Lots, their respective heirs, successors and assigns. 5.22. Waiver. Any variance, waiver or release of these conditions and restrictions granted by the Architectural Control Committee or any acquiescence or failure of it to enforce any violation of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. The Architectural Control Committee may, by its signed written instrument, waive, release or vary any provision of the within protective covenants as they pertain to any part or all of the Lots encumbered, which waiver, release or variance shall be effective as to all parties otherwise entitled to enforce the within protective covenants. No member of the Committee shall have any liability whatsoever to any Owner or other party aggrieved or injured on account of the grant of such release, waiver or variance. In return for such waiver, release or variance, the Committee may impose upon the Owner and the Lot involved such additional or altered covenants as the Committee deems proper and appropriate in the circumstances. Each Page 8 of 11 981525 Owner agrees, by accepting title or any interest in any Lot, that Declarant, its employees or agents, and each member of the Committee, shall be immune from suit or liability in accordance with the foregoing. 5.23. Severability. In the event that any one or more of the provisions, conditions, restrictions, limitations and covenants herein set forth shall be held by any court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions, limitations and covenants as herein set forth shall continue unimpaired and in full force and effect. 6. COVENANTS RELATING TO MAINTENANCE OF COMMON-ACCESS DRIVEWAY. 6.1. It shall be the duty of the Owners of Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 individually and collectively, to maintain, repair and replace, as necessary, the common access roadway servicing those Lots. Each Owner shall bear one-ninth of the cost of such maintenance and repair. The Architectural Control Committee shall be responsible for obtaining necessary services. 6.2. No Owner may except himself from liability for his share of the expenses of the maintenance and repair of the common access driveway by waiver of the use or enjoyment of the access, by abandonment, or by any other act of omission. 6.3. All such sums incurred and unpaid by an Owner, together with interest thereon at the then-legal rate, shall constitute a lien on such Lot. To evidence such lien, a written notice setting forth the amount of such unpaid indebtedness, the name of the nonpaying Owner of the Lot, the legal description of the Lot, the date of the notice, and notarized signature of the adjoining Owner, shall be recorded in the Office of the Clerk and Recorder of Weld County. Such lien shall attach on the date of failure of payment by the Owner and may be enforced by foreclosure on the nonpaying Owner's Lot by the adjoining Owner in a like manner as a deed of trust. In any such foreclosure, the nonpaying Owner shall be liable for all costs, expenses and reasonable attorney's fees. Nothing in this paragraph shall be construed as to preclude the right of the paying Owner to enforce his legal or equitable rights in a civil proceeding filed in a court of competent jurisdiction in lieu of filing and enforcing said lien. 7. SANITATION AND DRAINAGE. Each Owner of each Lot shall maintain, keep in good repair and replace, if necessary, all drainage facilities, sanitation and sewer facilities and fire protection facilities, including, but not limited to, collection lines, leach fields, septic tanks, and cisterns, according to the plans and specifications approved by Weld County, Colorado, the Weld County Health Department and the State of Colorado until such time as such facilities, and all appurtenances thereto, are Page 9 of 11 99'x.525 replaced by, or the responsibility therefore is assumed by a municipal or quasi- municipal entity. Each Lot Owner shall be responsible for maintaining, repairing and replacing those facilities, including on-Lot sanitation systems serving his Lot alone. 8. GENERAL PROVISIONS. 8.1. Compliance with Provisions of Declaration. Each Owner shall strictly comply with the provisions of this Declaration and the decisions and resolutions of the Committee as the same may be lawfully amended from time to time. Failure to so comply shall be grounds for an action against the noncomplying Owner to recover sums due and for damages or injunctive relief or both. The Action shall be maintainable by the Committee on behalf of the Owners or, in a proper case, by an aggrieved Owner, or because the provisions of this Declaration are imposed in part for the benefit of the County of Weld, by the County of Weld or its duly authorized representatives. The noncomplying Owner shall pay the reasonable attorneys' fees incurred in enforcing these Declarations. Failure by the Committee or by any Owner • or by the County of Weld to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Weld County, Colorado, and any agency of the State government may also compel compliance of the obligations imposed hereby either jointly or severally upon each Lot Owner. 8.2. Amendment. This Declaration shall not be altered or amended from the form in which it is placed of record in the office of the Weld County Clerk and Recorder without the prior written consent of the Declarant and the then-record Owners of Lots 1, 2, 3, 4, 5, 6-, 7, 8, and 9, of the development. Any such amendment adopted in accordance with this provision shall be recorded in the office of the Clerk and Recorder of Weld County, Colorado, and shall be effective only from the date of such recording. 8.3. Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, nor the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstance or circumstances shall not be affected thereby. 8.4. Number and Gender. Whenever used herein, unless the context shall otherwise provide, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. Page 10 of 11 991525 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this document to be executed by its duly authorized officers this day of DECLARANT: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this , 1997 by day of Witness my hand and official seal. My commission expires: Notary Public Page 11 of 11 9'1525 ATTACHMENT 12 Draft Maintenance Agreement 991525 COUNTY OF WELD, STATE OF COLORADO ON SITE IMPROVEMENTS AND OPEN SPACE MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1998, by and between the owners of Lots 1-5 of Bohrer PUD herein after "Landowners" WHEREAS, the PUD is accessed by a common access and utility drive, and WHEREAS, the Landowners are members of the Homeowners Association, and WHEREAS, the Homeowners Association owns Outlot A that has been set aside as open space for the benefit of the Landowners. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the Landowners mutually agree as follows: 1. It shall be the duty of the Owners of Lots 1,2,3,4, and 5 individually and collectively to maintain, repair and replace, as necessary, the common access roadway servicing those lots and the common open space outlot. Each Landowner shall be responsible for one fifth of the cost of such maintenance and repair. The Architectural Control Committee shall be responsible for obtaining the necessary services. 2. No owner may exempt himself from liability for his share of the expenses of the maintenance and repair of the common access drive and open space by waiver of the use or employment of the access, by abandonment, or by any other act of omission. 3. All such sums incurred and unpaid by an owner, together with the interest thereon at the then legal rate, shall constitute a lien on such lot. To evidence such a lien, a written notice setting forth the amount of such indebtedness, the name of the nonpaying Landowner of the Lot, the date of the notice, and notarized signature of the adjoining Landowner, shall be recorded in the Office of the Clerk and Recorder of Weld County. Such lien shall attach on the date of failure of payment by the owner and may be enforced by foreclosure on the nonpaying Landowners Lot by the adjoining Landowner in a like manner as a deed of trust. In any such foreclosure, the nonpaying Landowner shall be liable for all costs, expenses and reasonable attorneys fees. Nothing in this paragraph shall be construed as to preclude the right of the paying Landowner to enforce his legal or equitable rights in a civil proceeding filed in a court of competent jurisdiction in lieu of filing and enforcing said lien. 4. Landowners agree that this agreement shall constitute a covenant running with the land. 991.525 IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. Land Owner STATE OF COLORADO ) ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1998 by Witness my hand and official seal. My commission expires: Notary Public THIS IS A DRAFT AGREEMENT THAT IS SUBJECT TO REVIEW AND APPROVAL. 491525 ATTACHMENT 14 Sketch Plan Drainage Report 9,O 525 ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.. Suite 500 Longmont. CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong®rmil.com f October 9, 1997 Weld County, Public Works Department Attn: Mr. Don Carroll, Project Administrator 1400 N. 17th Avenue Greeley, CO 80631 • "' RE: Sketch Plan Storm Drainage Report for the Kermit and Sandra Bohrer Property Dear Mr. Carroll: We are submitting for your review the attached sketch plan storm drainage report for the Kermit and Sandra Bohrer property. This report was prepared by myself for Mr. Bohrer. Should you have any questions or require any additional information, please feel free to call me at 772-5282, extension 140. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Catherine A Leslie, P.E. Project Engineer H:\CATHY\BOHRER.DRG • CIVIL AND ENVIRONMENTAL ENGINEERING - PLANNING 991 525 j [ BOHRER SKETCH PLAN STORM DRAINAGE REPORT . I [ S 4,1 .r i • 1 1 991525 Certification Sheet I hereby certify that this report entitled Bohrer Sketch Plan Storm Drainage Report for the Bohrer i Development was prepared by me in accordance with the provisions of the Weld County Subdivision Ordinance for the owners thereof. --aate�� Atbrt Aire% ;) y a sn eOi PS i b ~r CC nrAci s .• 9 • .'giegistered Professional Engineer ___ �l SIOINA 1Eoo��tate of Colorado No. 26750 Ow I I • 991525 Bohrer Sketch Plan Storm Drainage Report General Location and Description The proposed Bohrer Development (hereafter referred to as the site) is located within the northwest quarter of Section 19, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The site is directly east of County Line Road and approximately midway between the extensions of Vermillion Road and State Highway 66. The site is approximately 40 acres and is bounded on the south by a private gravel road. The adjacent properties are rural residential and agricultural. The site is agricultural land currently being cultivated. A single family dwelling exists on t the southwest corner of the site. The legal description and the Longmont Quadrangle, USGS map, referred to the eastern property boundary as being an irrigation ditch, however, the ditch no longer exists and has been plowed over during agricultural use. No other irrigation ditches exist on this property. A small alkaloid area exists on the northwest corner of the site. The development of this property will create 9 individual lots. Eight of these lots will range in size from 1.4 to 2.6 acres and will be a residential use. The remaining lot will be approximately 27 acres in size and will be agricultural. IL Drainage Basins and Sub-Basins The site is comprised of moderate slopes ranging from two percent to three percent. Historically, drainage flows from the north to the south sides of this site with the drainage collecting in a low area just off the southeast corner of the site. This historical drainage pattern will be followed with the drainage conveyance through the proposed site to be overland except where storm sewer pipe or culverts are warranted to protect property or as required by Weld County Engineering Standards. This site is comprised of Heldt, Renohill, and Shingle Soils which are in the C and D hydrologic groups as identified by the soil survey of Weld County, Colorado, Southern Part issued September 1980. Type C and D soils have low to high shrink swell potential and may pose restrictions on development. A detailed soil report with recommendations as to utility and roadway construction as well as building pad (foundation) construction will be provided for review by Weld County as a part of this site development. It is not a part of this study or submittal. As mentioned previously, the irrigation ditch on the east boundary of the property no longer exists. 951.525 M. Off-Site Drainage Basins The site currently accepts off-site drainage from the area north and east of the site. The five year and one hundred year basins are shown on an attached USGS map. Calculations were done in accordance with the Boulder County Storm Drainage Criteria Manual. The five year basin includes area north of the site which sheets flows into the site, turns and flows toward the low area. The five year basin is bounded on the north by the Highland Ditch. Including the site, the five year basin is approximately 109 acres in size. With development of the site and including the off-site area, the percent imperviousness changes from 1% to 4%. Using the Rational method of calculation, this does not result in a change from a historic to developed drainage flow. Therefore, both the historic and the developed 5 year flow is approximately 15 cfs. The 100 year basin includes the area north and east of the site between the ridge line and the site. As with the five year basin, the off-site drainage enters into the site, turns and flows toward the low area. Including the site, the ten year basin is approximately 264 acres in size. With development of the site and including the off-site area, the percent imperviousness changes from 0.3%to 1%. Using the CUHP method of calculation, this results in change of flow from a historic flow of 194 cfs to a developed flow of 203 cfs. IV. Stormwater Detention As there is a minimal increase in the developed flow in this area for the 100 year storms, we would request that the requirement for detention be waived for this site. If the detention requirement were not waived for the site, detention could be provided by positioning a pond within the site adjacent to the existing low area. This pond would provide detention for the 100 year developed runoff from the site and would release at a five year historic flow of approximately 11 cfs. In either case, at the point of building, additional information will be required in order to set the building elevations such that the off-site flows onto the site does not adversely impact the foundations. V. Conclusions and Recommendations Drainage requirements will not present any unusual difficulties for the development of the site. The development of the proposed Kermit and Sandra Bohrer site, approximately 40 acres, will not adversely impact any adjacent structure or drainage facilities. 91525 r: APPENDIX D USGS MAP �:. WITH • 1 • DRAINAGE AREAS ASSOCIATED CALCULATIONS tF e , 4'. 981.525 5 i , ...L . .,,, I \.4 I ( .. * ' / I . .', \.W\ ) \ ; 1 i- 1 .<,,o �.. \' / I ( 1 ' \\\ . \\� -� 'I. (... /.../ I '; \ I '� sow ' 1 C_ . . I i L 1 \ �. 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