Pinery Architectural Control Committee

The Pinery Architectural Review Committee

General Information	Newsletter Articles

About Us	Air Conditioning Installations
Regular Meetings	Roofing
Architectural Standards	Easements and Right-of-Ways
Approved Materials	Tree Removal & Preservation
Approved Colors (Color Board)	Russian Olives, Landscape Matters
	Pinery Signage Policy
Covenants	Streetside Parking
Covenant Violations	Home Additions
Homeowner's Property Rights Bill	Yard Post Lights
	Play Equipment
Download Forms	Exterior Television Antennas
	Pinery ARC Neighbor Awareness Policy
Surveys	Thinking of Repainting?
	Have Company With an RV?

Questions? - If you have any questions regarding our covenants, please contact the PARC office at (303) 841-5305 for clarification or more detailed information.

Office Hours:
The Architectural Review Committee office is staffed Tuesday, Wednesday and Thursday 8:00 a.m. to 3:00 p.m. with the following exceptions. The office is staffed on Fridays prior to meetings as well. Material to be placed on the meeting agenda is due by noon on Fridays before meetings. The ARC is housed in the Pinery Homeowners’ Association office in the lower level of the Pinery Fire Station at the intersection of Pinery Parkway and Hillcrest Way.

Phone Number: (303) 841-5305
FAX Number: (303) 841-5444
E-Mail Address: ThePineryACC@comcast.net

The Pinery Architectural Review Committee is a standing committee within the Pinery Homeowners' Association. Covenants are filed in conjunction with each property in the Pinery.

Pinery protective covenants predate all residential construction in the Pinery. They require that the 'Architectural Review Committee' review and approve all submittals for new construction and exterior changes to existing structures before the work can commence. Covenants also charge the ARC with enforcing covenants to ensure that the visual harmony and beauty of the Pinery is maintained. Homeowners derive the benefit of increased property values as a result. Covenants create the Pinery character, unique in the Denver area, and ensure that character is maintained.

Title companies are charged with providing all legal documents on file with the Douglas County Clerk and Recorder in association with a property upon closure of a sale. You should have received a copy of your Pinery Protective Covenants at that time. If not, please call our office at 303-841-5305, we would be happy to provide a copy.

Covenants stipulate that the ARC shall develop standards for reviewing submittals. If you contemplate a change to the exterior of your property, please contact the office for a copy of the current Architectural Standards document. The ARC meets monthly, normally on the second Tuesday of each month, beginning at 6:30 p.m. in the lower level of the Pinery fire station meeting room (dates are published in this newsletter). Submittal information is requested no later than noon on the Friday prior to the meeting.

The Pinery Architectural Review Committee holds its regular meetings on the second Tuesday of the month, in the Community Room, lower level of the Pinery Fire Station.

Meetings begin at 6:30 p.m. with homeowner submittals. To appear on the printed agenda and receive priority hearing at the meeting, homeowner submittals must be received by Noon on the Friday prior to the meeting. A signup sheet is available starting at 6:00 p.m.; homeowner issues are handled in order of signup of residents in attendance with priority given to those issues appearing on the printed agenda.

For new homes, builders/owners must obtain a notice sign from the ARC office so that it is posted two weeks prior to the meeting. Submittal of all new house plans is required by 3:00 p.m. on the Wednesday prior to the meeting. Builder construction plans are presented at 7:30 p.m. or when discussion of homeowner issues has concluded. Please call the office at 303-841-5305 if you have questions.


The Pinery As A Neighborhood. - Where Do We Fit In?
Thoughts from The Pinery Architectural Review Committee

What are the characteristics of a desirable neighborhood? How does the Pinery measure up? What is your contribution as a homeowner to the general desirability of the Pinery as a place to live and raise your family?

There are neighborhood characteristics of various types that may be of importance to you. For instance, most people would want to live in a safe place, free from crime. Others may want neighborhood schools. Still others may want a sense of community and close personal relationships with their neighbors. This article focuses more on the physical characteristics and features of neighborhoods that may be seen as desirable. As you read along think how the Pinery would be classified for each of the items discussed.

Various developments and neighborhoods throughout the south and east metro area were surveyed in developing the data for this article. These developments included Chenango, Chapparal, Piney Creek, Highlands Ranch, The Preserve, Castle Pines, Castle Pines North and Stonegate. Most of these developments have homes that are priced higher than the average home in the Pinery and thus may be deemed by many as "more desirable" neighborhoods. Other communities could have been used but these seemed to represent a mix in terms of age, urban to semi-rural settings and amenities.

What are some of the physical characteristics that set these developments apart from others? First we can start with the entrance and major arterial roads. Most often the entrances are landscaped and the major roads are parkways with landscaping, oftentimes highlighted with extensive planting of annuals in the spring for summer blooms. The most exclusive developments have gated entries that restrict non-resident entry. The Pinery has some of these features, perhaps not as elaborate as the Preserve or Castle Pines.

The more exclusive developments oftentimes do not have sidewalks adjacent to the asphalt roadways... a feature found in the Pinery. Most all of these developments have some type of community pool and tennis facility.

Generally a golf course with adjacent homes are found in the most desirable locations. Parks, lakes and open space are all additional physical characteristics that impact desirability The Pinery does well in this comparison.

Desirability even within this hierarchy of developments is typically related to lot size and home size. Bigger is usually better. The most desirable developments usually have a marked variation in the architectural style and exterior finish of individual homes with limitations on the use of less expensive and less desirable materials. You usually don't find metal siding in these communities. The more desirable houses usually have extensive use of brick or stone. Lately, stucco seems to be the material of choice rather than wood. Apparent lot size in the Pinery probably falls in the middle of this group of communities. Apparent is the keyword here. In most cases the road rights-of-way in the Pinery are 60 feet wide, however the pavement is usually 20- 25 feet in width. This gives the appearance that the lots in the Pinery are larger than they really are. Front setbacks that are actually 25-30 feet appear to be 45-55 feet, especially when homeowner landscaping is carried to the edge of the pavement. We get a big break here. Our lots look larger, and thus the Pinery has this more desirable characteristic.

Desirable neighborhoods are ones that have noticeable "pride of ownership"- individual homes and landscaping that are well maintained. You don't find peeling paint, fading stain on siding, or uncut lawns in the Preserve or Piney Creek. Nor do you find boats, trailers, RV's and non-working or seldom used vehicles parked on the street or on the property in such a manner so that they can be seen from the street. While the Pinery does not allow overnight on-street parking, we do fall short of some of these other communities in this area generally. In addition, you don't find pets (generally dogs) noticeable to pedestrians in most of these neighborhoods. Dogs are not chained up, nor are they found in fenced in front yards and they certainly don't roam free.

Another characteristic of desirable developments is one that you might not be aware of because it's the absence rather than the presence of a feature. The more desirable developments do not use much fencing. If it is used, it is low, open fencing... two rail split rail, not six-foot cedar stockade, and certainly not chain link. It is this "open space impression", in addition to lot and house size, that give Chapparal, Chenango and the Preserve a different look and "feel' than Highlands Ranch or Stonegate.

How do you think the Pinery measures up? Is it important to be concerned about these matters? If property values and resale are important to you then these items probably are important. Today, they are even more important than five years ago. We now have developments that are adjacent to the "main " Pinery that will do well in comparisons on pride of ownership (maintenance of homes, landscaping) and limitations of use (boats, RV's, non-working cars) issues. Prospective buyers may 'like the area" but prefer other developments due to perceived deficiencies within the Pinery. On some of the unchangeable physical characteristics (parkways, streets, sidewalks, country club, golf course, parks, open space) the Pinery fairs very well.

So, it is essentially within our discretion to remedy those ratings associated with characteristics that might tend to ranks us lower on the neighborhood desirability index. Start with your own contributions to the overall community on these individual items. Make your property one that you and your neighbors can be proud of. If your neighbor needs some help on a project, pitch in if is a skill you have. Let's all make the Pinery a better place to live!

In addition to reviewing submittals, the Architectural Review Committee is charged with acting on covenant violations which occur in the Pinery. In a recent issue of the Pinery Homeowner, the ARC ran an updated ‘Policy Statement’ relative to Notices of Covenant Violation. You might wonder how enforcement action for a violation occurs.

Typically, the ARC is contacted by a resident, concerned about unapproved changes or activity (for example RV parking) they have observed. An ARC committee member is assigned to review the situation. The committee member is not given the name of the complainant and it is ARC policy not to reveal the person who made the inquiry.

The committee member reports the results of their inspection at the subsequent meeting of the ARC. If confirmed, a letter is sent to the residence, pointing out that the change or activity is a covenant violation and requesting appropriate correction. In many cases, this results in resolution of the problem.

If the problem persists, the Notice of Violation process is initiated. The committee member inspects the property prior to each meeting. After each confirmed inspection, a letter, for a minimum of three letters, are sent, each of which outlines the violation, invites the resident to discuss the situation at an ARC meeting and outlines the ARC policy relative to violations. In the great majority of cases, the issue is resolved during the course of these letters.

At any time during this process, the resident is welcome to come to a meeting of the Architectural Review Committee to discuss the situation.

The Third Notice letter indicates that the committee will vote at the upcoming meeting (day, time and location are given) relative to filing a Notice of Covenant Violation with the Douglas County Clerk and Recorder relative to the issue. The resident is invited to attend the meeting. The committee member inspects one final time and makes a recommendation at the meeting. If the committee acts to file the notice, the resident receives a letter which includes a copy of the notice and outlines steps needed to resolve the violation so that the ARC is able to file a Notice of Compliance to cancel the previously filed Notice of Violation.

It is always the hope of the ARC that problems can be resolved with minimal action for enforcement.

Are you one of the many people in the Pinery that will be replacing your roof soon? Your Pinery Architectural Review Committee wants you to know that the only roofs that can be applied onto Pinery homes are those roofs that have been approved by the Committee.
Many roofing companies will try to sell various types and grades of roofs to people who need to have their roofs replaced and a quick check of a few homes already underway with re-roofing projects found that non-approved roofing materials were being proposed. Before any homeowner commits to a new roof, please check with your PARC to get approval for the approved styles and materials.

The Pinery Approved Materials List can be found under "Download Forms" on this website.

To expedite your approval, select a roof on the list, submit a letter (to Pinery ARC, 8170 Hillcrest Way, Parker, CO 80134) or E-mail to ThePineryACC@comcast.net. Be sure to include:

Office staff will verify that 1) the roof has been pre-approved and 2) the color selected is an earth-tone and confirm with telephone call or E-mail within one week. You are then free to proceed with installation. At the subsequent ARC meeting, the submittal will appear on a ‘Pre-approved materials and colors’ portion of the agenda and be noted by the Committee. You will get a confirming letter for your files after the meeting.

Roofs not appearing on the list and those with the words ‘with approval’ beside them must be reviewed by the Architectural Review Committee on an individual basis. Please submit the following:

Submittals received by the Friday noon prior to the ARC meeting will appear on the printed agenda of the subsequent meeting and receive priority handling at the meeting.

   All filings in the Pinery require that any air conditioning equipment be at the rear of the residence and out of view of the frontage road (not on the roof).
   As a 'change' to your exterior, any new installation of air conditioning should be reviewed and approved by the ARC prior to installation.
   A photograph or plot plan with the unit drawn in will suffice to submit the placement of your unit, along with a brochure showing it's appearance. Signatures of adjacent neighbors that they're aware of your plan to present, especially if for some reason the unit cannot be placed in the rear, requiring a variance from the committee. If a variance is needed, submittal should include plans for screening from the frontage road.

     One of the reasons the Pinery looks so neat and uncluttered is because exterior or rooftop television antennas are curtailed by our covenants. The new, smaller dish antennas, however, are allowed. The location of the installation needs to be approved by the Pinery Architectural Review Committee.
     If you plan to install a dish at your home, please give the ARC notice of your wishes and tell us where on your home or property you want to install it. The ARC has no intentions of restricting the installation of a dish unless its location will tend to detract from the appearance of your home or neighborhood. With this new technology, there are several places a dish can be installed on houses without detracting from our residential settings.
     The community’s cooperation in this matter will be appreciated and the ARC will endeavor to respond to your requests as quickly as possible. When submitting your request for installation approval, please submit a plot plan and or photos of your house on your lot with two or three suitable locations for its installation. The ARC will respond with its approval as quickly as possible.

Within The Pinery areas contained in Filings I through 8a, all homeowners must get approval before removing any living tree. This restriction is for the preservation of trees either originally here before construction or planted during landscaping. In our covenants, this restriction is contained in the "LANDSCAPING" section and reads as follows:
"Upon approval and/or completion of the landscaping plan pursuant to this section, no healthy tree shall be removed, nor other major changes be made without approval of the architectural Review committee." This covenant also goes on to say that all diseased or dead trees must be removed when identified. Some filings stipulate removal within a reasonable time after the condition is discovered, others within 120 days from when the condition was discovered or after receipt of notification from the ARC. In some filings, two for one replacement of removed trees is required. If you have dead or diseased trees on your property, inform our office and make arrangements for removal of the tree(s). This will ensure compliance with covenants, maintenance of the beauty of the neighborhood and reduction of fire danger.

It has been brought to our attention that a number of the post lights (required by some of the Pinery covenants) in front of each Pinery home are not functioning. Please check your light this evening to make sure that yours is not among them. If it isn't working, check the bulb and replace if necessary. 25 - 40 watt bulbs are sufficient. If there is another problem and you are not able to fix it, call an electrical contractor for a repair. Keep those lights burning!

Overnight, streetside parking is increasingly an issue in the Pinery. In addition to giving the neighborhood a cluttered look, parking streetside is a traffic and pedestrian hazard and makes the job of snowplow drivers very difficult. Also, overnight parking on Pinery streets is a covenant violation in all filings of the Pinery. An excerpt from the covenants follows:

Please park regularly used vehicles properly, in your garage or on your hard-surfaced driveway, and make arrangements to store other vehicles off-site. Thank you for helping maintain the beauty and safety of the Pinery. This article may be clipped for use by residents wishing to post it on windshields of cars parked streetside; extra copies will also be available in the PHA/ARC office.

   The Architectural Review Committee board recently received interest from the community in promoting reduction of Russian olive trees in the Pinery. At one time, these trees were regularly included in landscape planning and are therefore widely seen in the Pinery. Russian olives are now classified as a ‘noxious weed’ by the State of Colorado. There are many reasons for this classification but primarily it is due to their ability to spread and compete with native species. They are a favorite food of birds and other wildlife that consumes but does not digest the seeds, enabling wide distribution. The trees also spread by sending out shoots at the base called suckers. These sprouts create multi-stemmed trees that are very difficult to prune or remove. The ARC strongly recommends that no new Russian olives be planted, suckers be removed and consideration be given to removal or pruning to a more controlled situation of existing trees.
   We also have other plant life in the Pinery that is classified as noxious. For example, an epidemic of leafy spurge exists.
   Lombardy poplars, very common in the Pinery, are for the most part in poor condition. These trees have a 10-year life expectancy and planting is not recommended. Aspen trees, while beautiful in the mountains, are also very prone to disease and stress at our location. Pine beetle and drought conditions have taken a severe toll on many of our pines, both native and non-native.
   Please consult your local garden expert, such as can be found at the Tagawa Garden Center. Also contact the CSU extension agent (720-733-6930 / E-mail: DCCSU@douglas.co.us ). Their advice regarding plant selection and treatments can be invaluable.
   Finally, take a moment to evaluate your landscape. Be considerate of your neighbors. Do you have dead trees on your property? Make arrangements to have them removed before parasites cause problems with healthy trees on your property or elsewhere. Are you mowing regularly and keeping weeds down? Take renewed interest in our beautiful community and get the sense of satisfaction that having your portion of the neighborhood make a positive contribution will give you.

Easements: The great majority of lots in Pinery filings 1-8A have ten feet (10’) of property inside the rear and side boundaries set aside as ‘Easements’. This property is set aside on the recorded plats and will appear on property surveys as such. Typical wording in Protective Covenants regarding easements is as follows:

Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement 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.

In addition to the above, the presence of these easements has had the effect of ensuring that spacing between houses is maintained; which is one of the elements that gives the Pinery its unique quality. Property owners should be aware that items within the easement could be subject to destruction or reinstallation at their expense should utility access be required.

Right-of-Ways: All streets within the Pinery are owned and maintained by Douglas County. The streets reside on Douglas County property called ‘right-of-way’. Right-of-ways for streets in the Pinery are sixty feet (60’). Typically, street asphalt is NOT 60’ wide. Therefore, to find a front property line, an owner can measure the asphalt, 30’ from the center line of the street should be their front property line. Residents are responsible to maintain the strip of land between the edge of the street and their boundary.

Pinery Covenants limit real estate signage to one small sign per property. Pinery policy is that signs may not be posted off of the property. However, for an open house or garage sale, one directional sign, present for one day only at a nearby intersection (not the main entryway), and removed at night, is allowed. Signs not meeting this policy will be removed and brought to the PHA office.

To ensure home additions are constructed as approved, effective April 1, 2004, a $100 deposit will be required, in addition to plans and other information to be reviewed by the Architectural Committee. The deposit will be held pending completion of construction, at which time a member of the committee will inspect the finished construction. The member will then report at the following committee meeting. If constructed as approved, the deposit will be refunded within two weeks following the meeting.
The deposit will be required of any project where the ‘footprint’ of the home changes and does not include decks, porches or driveway additions.

Many residents have chosen to install trampolines. In most cases, these are fairly large additions to the yard. Therefore, before installing trampolines or any large play equipment, please submit your plans to the Architectural Review Committee for review. This should include:

The Architectural Review Committee encourages, and may require, proof of neighbor notification prior to granting approval of exterior changes which may impact specific neighbors. The “Property Change Application” form (available at the PHA office) includes an area for signatures of neighbors confirming their awareness that a change is being proposed to the ARC.

In those instances where obtaining a signature is not possible, please provide proof of mailing to the neighbor, post-marked at least two weeks prior to the meeting to allow adequate time for receipt / review prior to the ARC meeting in question. All U.S. Post Offices can provide a proof of mailing slip for a small fee.

Neighbor notification allows those residents possibly affected by the change the opportunity to provide input to the process.

Where can my visitors park their RV?
This time of year, many of us have visitors who are vacationing with their recreational vehicle. The Pinery Homeowners’ Association is able to lease Pinery members temporary space in the storage lot, on a space available basis, when these situations arise. Please contact the PHA office 303-841-8572 for more information.

What if my visitors want to stay in their vehicle?
If your visitors want to stay in their RV, the Colorado Horse Park has RV spaces which they are willing to lease to the public at $25 per night, when not in use for equestrian events. The Colorado Horse Park is located just south of the Pinery on Bayou Gulch Road between Ponderosa High School and Sagewood Middle School and can be reached at 303-841-5550, extension 10 for reservations.

To blend buildings as much as possible with our beautiful natural environment, covenants require all structures in the Pinery to be in earth tones indigenous to the area. This covenant restriction is a primary factor in the unique character of the Pinery. A sample board of approved shades is available in the PARC office. Some colors not allowed are white, black, red, blue, yellow, purple, orange and pink.

Submittal for architectural review is not required if repainting using the same colors previously approved by the ARC. If your current colors pre-date your ownership or you are in any way unsure of the approval status of the colors on your house (e.g., if you don’t have an ARC approval letter on file), please submit samples of the colors prior to repainting. Reapplication of an unapproved color represents a new violation, initiating appropriate ARC enforcement.

For shades which clearly appear within the range presented by the office color board, the ARC administrator can confirm the colors to be pre-approved. You can at this point begin painting, the change will be noted by the ARC at the subsequent meeting, and you will get a confirmation letter for your files.

If there is any question as to whether or not a color falls within the desired earth tone range, color chips submitted will be reviewed by the ARC at the subsequent meeting. Be sure to have confirmation of ARC approval; either verbally if pre-approved or through an ARC approval letter as described above before you start to paint!

Homeowners Property Rights Bill
Senate Bill 100 Update to Pinery Architectural Standards

For a copy of Senate Bill SB-100 from the web; go to: http://www.leg.state.co.us and select the link to Senate Bills, select the range of bills for 051-100 and then Find SB05-100 “Homeowners Property Rights”. The bill can either be viewed online or downloaded and printed.
As you may be aware, Senate Bill 100, covering operation of homeowners’ associations within Colorado, has become law. Immediately upon implementation, several provisions became effective regarding:

At the August 9, 2005 meeting, the Architectural Review Committee adopted revisions to the Architectural Standards which further enhance and clarify policies and procedures to ensure the Pinery is in compliance with these portions of the new law. If you would like to receive an updated copy, call us at 303-841-5305 (be sure to leave your name and address if leaving a message) or, see our website: For a copy of the Architectural Standards go to Download Forms.

Membership Survey
Covenant Revision Surveys	The Pinery As A Neighborhood.
	(Where do we fit in?)