HomeMy WebLinkAbout2.0 Staff Report BOCC 03.10.080311012008 Exhibits for Public ns of the Prelffi Plan for Phase IIIffi
A Mail Receipts
B Proof of Publication
C Carnaa County ZonngResolution of 1978, as amended
D CarneH County Subdivision Regulations of 1984, as amelded
E Garfield County Comprehensive Plan of 2000
F'StaffReport
G Application fot Preliminary Plan
H dated MaY l7u;2007
I aY24b,2007
J ffiision of Water Resoutces, dated April 27, 2007
K Resolution No. 2004-20
L ironmental Health Departnent dated May I I*,
2007
M l3flo,2oo7
N LB Rose Ranclu LLCIBOCC draft Affordable Housing Escrow Agreement
BOCC 03/1012008 cR
lronbridge Phase Il!
Preliminary Plan
APPLICANT
'
OWNER
REPRESENTIATIVE
LOCATION
SITE DATA
EXISTING ZONING
STAFF RECOMMENDATION
LB Rose Ranch, LLC
Mike Wilke, LB Rose Ranch, LLC
Timothy Thulson, Balcomb & Green P.C.
3.5 miles south of Glenwood Springs, Co,
cR 109
4s.zgacres/ 61 Lots
PUD
River Residential 1
20,000 Square Foot (minimum) Residential
15,000 Square Foot (minimum) Residential
9,000 Square Foot (minimum) Residential
Approval with conditions
BOCC 0311012008 cR
I REQUEST
LB Rose Ranch, LLC. is seeking Preliminary Plan approval for the third and final phase of
development as approveO in thi lronbridge Planned Unit Development (PUDl . Th-e.final
fn"r" of developirbnt includes re-subdivision of Future Development Phase lll, of the
Amended and Restated Final Plat for lronbridge PUD'
Ail lots within lronbridge Phase lll are subject to all applicable terms, conditions and
piovisions set forth in'all Resolutions appioved by the Board of County Commissioners
pertaining to this develoPment.
ll Refierrals
St*-h-referred the application to the following State agencies and/or County
departments for their review and comment:
Carbondale Fire Protection District: No Comments Received
Roaring Fork water and sanitation: No Comments Received
Roarinl Fork RE-i School District No Comments Received
Colorado Division of Witdlife: No Comments Received
Golorado Division of Water Resources: Exhibit J
Cotorado Geologic SurueY: Exhibit H
Garfield Counffhoad & dridge Department No Comments Received
Garfield County Vegetation: No Comments Received
Mountain crosi Enlineering lnc. (engineering review for GarCo Building and Planning
Department): Exhibit I
il GENERAL RELATIONSHIP TO THE qOMrR=E!'|E!SIYE PIAN. ^tro Garfield County Comprehensive.
plan of IOOO (the Plan). The subject area is identified as "subdivision". This request is
.
consistent with the Plan.
tv APPLTCABLE ZONTNG STANDARDS AND REg,ULATIONS
f ing within the ProPosed Phase lll:
River Residential 1o 20,000 Square Foot Residential (minimum)
. 15,000 Square Foot Residential (minimum)
. 9,000 Square Foot Residential (minimum)
V SUPPLIMENTAL INFORMATION
@ebpmentofthesubjectprop-erty.Thisissuewasagainadd-ressedina
letterirom Jonathan L. White, of the Colorado Geological Survey. This area along the
Roaring Fork River Valley is identified as having the highest density of sinkholes in
Colorado. Staff suggesti that the Board of County Commissioners require the following
plat note:
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BOCC 03110/2008 cR
,,There are potential on-site risks concerning settlement from collapsible soils and
risk of ,pont"n"ous ground openings related to evaporite karst phenomena"
Materials submitted by Hp Geotech suggest that levels of Radon Gas may be present.
ihe ability to test for t'his gas is difficult to test prior to construction of buildings. lt is
sujgestel that once buildlngs are constructed that tests for Radon Gas be done.
ivilcalrv buitdings are ventdd in lower enclosed areas to mitigate this issue.
WaterMastewater:
Water and sanitati-on services will be provided by Roaring Fork W_ater and Sanitation.
Statf nas received a letter of no mateiial injury from the office of the State Engineer,
Division of Water Resources.
Wildlife:
The application included the originalwildlife report presented at the time of PUD approval.
Staff finds that a new study is not warranted'
Drainaoe Plan:
The phase lll drainage plan proposes a curb and gutter system as ap.proved in Phase ll.
Chris Hale p.E. of U6untain bross Engineering reViewed the application on behalf of
Garfield County and provided the following comments:
Pretiminaru Ptat7@ould be added to the use of the side, rear, and frcnt easements on the
plat.
PIan SheefsffiNo outlet protection is shown for the drain sysfem.
,. GR-01, 02, & 03: Ercsion Contrcl Btankets shoutd be called out on the steeperslopes.
4:. GR-oi, 02 & 03: /f is somewhat unconventionat to crcate a significant grade break
withinbuitding envelopes. These fitts are often prone to settling and move.ment.
S;ignificant cire witt need to be taken to ensure specified materials arc adequate and
compaction is obtained.
S. ppSS- Sewer line is very deep. Deeperthan a backhoe can typically excauate;..
benching may be rcquirea. prcvisiois for safety witt need to be considercd forthose
entein{. Larger diameter manholes m?y be necessary with i1s_talled landing
itrio,,it at itevations them. tMhat is fhe reason for the depth?
6. ppSS; The slopes of the pipe arc very flat. Great care witt be needed to get the pipe at
grade considering the depths proposed.
- -T. Fpss- The 1g, icp aossing'at station 97+50 of the SS /ine is very c/ose, even for
concrcte encasement. tt is witnin a few inches. Veffy the fegsibility of this.
g. ppSD: The storm dnin line is very deep. Ihis witl make maintenance very difficuft-
Details have not been inctuded forthese deep boxes. At this depth consideration
iould be given to tanding ptatforms for the safety of those entering and ascending
and descenaing ni hdd;ts. tnstead perhaps additionat manholes could be installed
at the tops anibottoms of grade breaks to follow grades mote closely.
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BOCC 03110/2008 cR
g. PPSD: The storm drain tine is within 18" from the top of the water line in muttipte
locations. Separation shoutd be veified with consideration given for the wall
thicknesses of the pipes.
Dninaqe Repoft
11.Water sprcad within fhe sfieefs is a cause for some concem. Generully speaking, one
tane of iruffic shoutd remain open during major storms for the safe passage of
emetgency vehictes and apparatus. The depths proposed would put the centedine of
the rcad under a minimum of 6" of water, deeper for the rest. These depths may
breach the back of the curb and gutter and any attached bike path spilling water into
the lots. These depths and allowabte sprcads should be verified as acceptable by the
emergency response entities. Atso the spilling of water onto adiacent lots should be
considered and dninage swa/eg berms, piping, and other dninage apputtenances
considered for the safe conveyance of the minor, Z*year storm.
Staff would like the Applicant to address comments 4, 5, 6, 7, 8, I and 10 during the
public hearing before the Board of County Commissioners. Staff recommends comments
1,2,and 3 be included as conditions of approval.
AssessmenUlmpact Fees:
The Appllcant will be responsible for Garfield County Road lmpact Fees, RE-1 School
District, and Carbondale Fire Protection District requirements at the time of Final Plat.
Vl lssues and Concerns
Environmenta! Health Department
Jim Rada, Environmental Health Manager provided the following comments:
1. A CDPHE Construction Storm iatei permit or an amendment to an existing permit
should be in place for apprcval.
2. Application for or a letter stating no need for a construction permit from the CDPHE
Air Pottution Contrcl Division should be submitted forfinal approval.
3. I have rcquested a copy of the Roaing Fork Water and Sanitation District's mosf
rccent @nsumer confidence repoft. The water quality data submitted is quite old
and really does not serue its purpose for a 2007 application.
Developers need to abide by the Colorcdo noise sfafufes.
Sforage of any hazardous mateials on site during development needs to be
managed in accordance with applicable Federal, Sfafe and local laws and
rcgulations.
Staff suggests the Board of County Commissioners require completion of comments one
(1) and two (2) prior to authorizing the Chairman of the Board to sign the Final Plat for
Phase lll, in order to insure all State regulations applicable to this development are met.
The determination regarding a CDPHE construction permit shall come directly from the
Air Pollution Control Division.
4.
5.
BOCC 03/10/2008 CR
Affordable Housino:
Garfield County Board of County Commissioners has approved an escrow agreement as
identified in Resolution No. 2004-20. Non-compliance with this Resolution required the
following:
Resolution No.2004-20 Modification of lronbridge PUD
The Applicant is required to have constructed and sold or constructed and made available
for sale, affordable dwelling units in a number equal to 10% of the total number of
unrestricted units, which have been sold or made available for sale. lf at anytime the
percentage falls below the required 10o/o, The Applicant is required to place $150,000 for
each defrcient unit into an escrow account in favor of the Board. The Board will then
apply the funds toward the construction of the affordable dwelling units.
VII SUGGESTED F]NDINGS
1. That proper public notice was provided as required for the hearing before the Planning
Commission;
2.Thatthe hearing before the Planning Commission was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting;
3. That for the above stated and other reasons, the proposed Preliminary Plan is in the
best interest of the health, safety, convenien@, order, prosperity and welfare of the
citizens of Garfield County;
4. That the Preliminary Plan Application is in conformance to the Garfield County
Subdivision Regulations of 1984 as amended;
YII STAFF RECOMMENDATION
Staff recomntends that tne Phnning Commission recommend approval of lronbridge
PUD, Phase Il! Preliminary Plan with the following conditions:
I All representations of the Applicant, either within the apptication or stated at the
hearing before the Board of County Commissioners, shall be considered
conditions of approval unless otherwise modified by the Commission;
Z A geotechnical engineer shall be retained to inspect and evaluate all raw
grading surfaces, cut slopes, ditches, and any other excavations before
covered with structuralfill, topsoil, erosion blankets, foundation elements, etc,
in order to insure, as best as possible, that visible ground and soil conditions
that may indicate locatground subsidence will be discovered and addressed;
3 Site-specific foundation investigations shall be conducted for the individual
sites;
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BOCC 0311012008 CR
The Applicant shall disclose the potential risks to allfuture purchasers
concerning potential settlement from collapsible soils and risk of spontaneous
ground openings related to evaporite karst phenomena;
Prior to the Preliminary Plan going before the BOCC, the Applicant shall
construct and make available for sale twenty-four Q$ deed restricted
affordable housing units or place $3,600,000 in an escrow account in favor of
the Board of County Commissioner for construction of the units;
Prior to approval of lron Bridge, Phase lll Final Plat, the Applicant shall
construct the remaining six (6) deed restricted affordable housing units off-site
or place an $900,000 in an escrow account in favor of the Board of County
Commissioners for construction of the units;
The Applicant shall provide affordable housing units calculation for all phases of
lronbridge PUD as part of the Land Use Summary Table for Phase lll;
The applicant shall place the following plat notes on the final plat:
1) "Coloradoisa"Nght-to-Farm" Sfafe pursuant fo C.R.S. 35-3-101, ef seg.
Landowners, residents and wsiforc must be preparcd to accept the
activities, sighfs, sounds and smells of Garfield County's agricultuml
operations as a normal and necessary aspecf of living in a County with a
strong rural chamcter and a healthy ranching secfor. All must be prcparcd
to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery
on public roads, livestock on public roads, storage and disposalof manure,
and the application by spruying or otherwise of chemical fertilizers, soi/
amendments, hebicideg andpesticides, any one or more of which may
naturally occur as a part of a legal and non-negligent agricultural
operations."
2) "No open hearth solid-fuelfireplaces will be allowed anywherc within the
subdivision. One (1) new solid-fuel buming sfove as defied by C.R.S. 2&7-
401, et. sevy., and the regulations prcmulgated thercunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number
of natumlgas buming sfoves and appliances."
3) 'All ownerc of land, whether ranch or rcsidence, have obligations under
Sfafe law and County rcgulations with regad to the maintenance of fences
and inigation ditches, controlling weeds, keeping livestock and pets under
contrcl, using property in accordance with zoning, and other aspecfs of
using and maintaining property. Residenfs and landowners are enmunged
to leam about fhese rights and responsibilities and act as good neighbors
and citizens of the County. A good introductory source for such information
is "A Guide to Ru"a,l Living & SmallSca/e Agriculturc" put out by the
Colorado Sfafe University Extension Office in Garfield County.'
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4)
5)
6)
BOCC 03fi0r2008 cR
"All exterior tighting witl be the minimum amounf necessary and all exterior
tighting will be directed inward and downward towards the inteior of the
{ubaiiision, except that provisions may be made to allow for safety lighting
that goes beyond the prcperty boundaies."
^One (1) dog wilt be attowed for each residential unit and the dog shatt be
rcquired to be confined within the ownefs prcperty boundaries."
"Therc arc potential nsks conceming seftlement fiom collapsible soils and
risk of spontaneous grcund openings related to evapoite karst phenomena.
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STATEOFC@
COLOMDOCOLORADO GEOLOGICAL SURVEY- seruing the people of
Department of Nahrral Resources
1313 Sherman Sheet, Room 715
Denver, CO 80203
Phone: (303)86G2611
Fax (303) 86;&2461
ll,{ay 17,2007
Mr. Craig Richardson
Garfield County Building and Planning Deparfrnent
109 8t Street, Suite 201
Glenwood Springs, CO 81601
RE: Geologic llazards Review of Iron Bridge (Rose Ranch) Phase 3'
DearMr. Richardson,
ccs LUR No. GA-07-oo
I irr, *rr* iffifrUil\TLegal Nw%' sec' l''
RESoURCES
BillRitter, Jr.
Govemor
Hanis D. Sherman
Executive Director
Vincent Mattherrvs
DiMsion Dlrector and
State Geologist
?-I -,,"r ...-.---- -i{jiLii { ry$}
MAY 2 4 2007
-'l _ n(,'. ,1, , "
-- r, i i,- r i., ijli r iir; '.ffi
Thank you for the land use application referral. At your request and in accordance to
senate Bill 35
-(1g72)this
office hasreviewed the materials submitted by your office and
considered the geologic hazards and geologic conditions that may affect the land use
development. it. rfrorts submitted are the same that we reviewed in our 2006 review of
tron Bridge phase z (cas LURNo. GA-06-0006) dated December 27,2005 addressed to
Richard Wheeler. The CGS has also previously reviewed the entire sketch development
*t ", it was previously called the Rose Ranch Development, with the first letter to Garfield
County planning Department on October 30,lggT (CGS LUR No. GA-98-0006). Phase 3 is
the northernmost portion of Rose Ranch. A site specific investigatioir for Phase 3 was not
submitted. Please consider the following
In earlier reviews from this office, the CGS made its warnings clear that the major
geologic hazards that will likely impact this development are debris flows, sinl*roles and
ItfroioUridence phenomena related to evaporite bedrock dissolution (evaporite karst), and
collapsible soils. Hp Geotech also commented at length about these hazards and the
pote,ntiat risks. Concems with debris flow hazards have been addressed by mitigation
'<lesigned by High County Engineering. Other hazards and risk remains'
The konbridge development is located in an area along the Roaring Fork River valley
that has the highest density ofsinkholes in Colorado. Collapsible soils are dry, lower
de,nsity, soil where the soii structure collapses in on itself, loses volume, and densifies when
it becomes wet. Commonly catled hydrocompactive soil, this tlpe of soil thickly mantles
most of the honbridge development. Soil collapse manifests itself as ground settlement. It
is our understanding that these geologic hazards have plagued developed portions of
Iron Bridge since development began in the early 2000s. Settlement damage has occurred
due to collapsible soil and recent spontaneous ground openings occurred in early 2005 that
damaged the honbridge golf club facilities (see photo) just above Phase 3. I{P Geotech
referenced another smaller sinl<hole that opened below the large one near the Phase 3 parcel.
We don't not know the location of this newer sinkhole(s) since a revised report has not
been completed.
-'&-t.L
"-
Photo #l. January 9,2005 sinlfiole at Ironbridge golf club facility.
HP Geotech, in their earlier preliminary reports, mapped several small and larger
sized sinltroles throughout Phase 3 and made recommendation that these sinkhole locations
should be avoided by residential structures (HP Geotech report dated February 12,1998, Job
No. 197 327). Thatdoesn't appeax to be the case. Lot layouts seem to have beenplaced on
these mapped sinlihole locations. Without the locations of the mapped sinkholes shown on
the plat, we can't be certain that the 2O-foot setback has been adhered to. In our last review
correspondence to the county, we stated:
As far as we lotow, the northern parcel did not receive the level of subsurface
investigations into bedrock that the southern parcel of Filing I and the recreational
facitity did. We beliqe that, with the recent nearby occulrences of two spontaneous
sinkholes (generally a rare phenotnenon even in the evaporite karst terrain of the
Roaring Fork River valley), and other historic sinkholes mapped in the areafrom HP
Geotech's 1997 report, a similar level of subsurface investigations is warranted. We
believe the risk of subsidence is more elevated here than in other areas of the
Ir onbri d ge D ev el opment.
Closing comments
Garfield County has prudently required notes on the plat that indemnifies the county
against damages related to subsidence or settlement related to the geologic hazards
mentioned above. We feel the risk of damage by settlement or ground subsidence to one or
more homes within Phase 3 is high over the average lifespan of a residential stucture. It is
important that prospective homeowners are aware of these warning and have the time to
judge this risk for themselves, or hire an independent consultant to evaluate the risk for thern.
For development to proceed, we recommend the county require the following actions
and provisions:
Final plan sheets should show the locations of the sinklroles mapped by HP
Geotech, and building footprints for the lots that may be impacted;
The drainage, grading, wet utility construction, and geotechnical recommendation
be complied with;
There have been more current reports by IIP Geotech for Phase I (report dated
May 31, 2005 - Job No. 105 115-3) and the Recreational Facility (report dated
June 30, 2005). There should be an updated assessment by HP Geotech to insure
that the same level of geotechnical subsurface investigation is completed for the
current development plan for Phase 3. Garfield County should have, in plan
documents, an answer to the following question: Does HP Geotech still consider
the risk of ground subsidence related to evaporate dissolution to be "low" for
Phase 3;
A geotechnical consultant must be retained to inspect and evaluate all raw grading
surfaces, cutslopes, utility ditches, foundation, and any other excavations before
covered with strucfural fill, topsoil, erosion blankets, foundation elements, etc.
Such an inspection by a knowledgeable engineering geologist or geotechnical
engineer will insure, as best as possible, that exposed grotmd and soil conditions,
which may indicate local ground subsidence, will be discovered and appropriately
addressed. We believe the inspections are so important that the county should
considermaking it a development requirement;
Site-specific foundation investigations be mandated for the individual sites and,
most importantly;
There is adequate disclosure of the potential risks to home owner€ concerning
potential settlement from collapsible soils and risk of spontaneous ground
openings related to evaporite karst phenomena. Prospective home and lot owners
must be made aware that normal homeowner's insurance does not cover damages
related to ground movements, including naturally occurring sinkholes.
1)
2)
3)
4)
s)
6)
If any interested party has any questions about this review letter, please contact this
office at (303) 866-3551 or e-mail: jonathan.white@state.co.us
Sincerely,
Jonathan L. White
Senior Engineering Geologist
Cc: M. Sares, CGS EEG supervisor, e-mail attachment only
May 24,2007
Mr. Craig Richardson
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Pretiminary Plan Application for Iron Bridge Phase III
Dear Craig:
A review has been performed of the documents for the heliminary Plan application for hon Bridge
Phase Itr. The package was found to be well organized. The following comments, questions, or
concems were generated:
Preliminarv Plat
1- Drainage should be added to the use of the side, rear, and front.easements on the plat.
Plan Sheets
2. GR-01: No outlet protection is shown for the drain system.
3. GR-01, 02, & 03: Erosion Control Blankets should be called out on the steeper slopes.
4. GR-01, 02 &03 It is somewhat unconventional to create a significant grade break within building
envelopes. These fills are often prone to settling and movement. Significant care will need to be
taken to ensure specified materials are adequate and compaction is obtained.
5. PPSS: Sewer line is very deep. Deeper than a backhoe can typically excavate; benching may be
required. Provisions for safety will need to be considered for those entering. larger diameter
manholes maybe necessary with installed landing platforms at elevations them. What is the reason
for the depth?
6. PPSS: The slopes of the pipe are very flat. Great care will be needed to get the pipe at grade
considering the depths proposed.
7. PPSS: The 18- RCP crossing at station 97+50 of the SS line is very close, even for concrete
encasement. It is within a few inches. Verify the feasibility of this.
8. PPSD: The storm drain line is very deep. This will make maintenance very difficult. Details have
not been included for these deep boxes. At this depth consideration should be given to landing
platforms for the safety of those entering and ascending and descending the ladders. Instead perhaps
additional manholes could be installed at the tops and bottoms of grade breaks to follow grades
more closely.g. PPSD: The storm drain line is within 18" from the top of the water line in multiple locations.
Separation should be verified with consideration given for the wall thicknesses of the pipes.
Drainaee Report
10. Water spread within the streets is a cause for some concern. Generally speaking, one lane of traffic
should remain open during major storms for the safe passage of emergency vehicles and apparatus.
The depths proposed would put the centerline of the road under a minimum of 6" of water, deeper
the rest. These depths may breach the back of the curb and gutter and any attached bike path
kon Bridge - Phase III' May 24,2007
Page2 of2
spilling water into the lots. These depths and allowable spreads should be verified as acceptable by
tle emergency response entities. Also the spilling of water onto adjacent lots should be considered
and drainage ,*i"., berms, piping, and other drainage appurtenances considered for the safe
conveyance of the minor, 25-yeu storm.
Attachments
11. The poor soils and potential for sinkholes still exists and the notes and.conditions incorporated as
part of the first phases should remain for this phase.
12.Thesewer and water line construction drawings and design needs to be reviewed and approvedby
the Roaring Fork Water and Sanitation District. Verification of the approvals will need to be
provided at the time of Final Plat.
13. Since storm drainage and grading often is dependent on the design of sewer and water, it is
recommended that as a condition of approval that no grading permit be issued prio,r to receiving
plans that ile approved for construction by the Roaring Fork Water and Sanitation Distriit.
Feel free to call if you have any questions or if any of the above needs further clarification-
Sincerely,
Mountain Cross Engineering, Inc.
Chris Hale, PE
MOI]NTAIN CROSS EI\IGINEERING. INC.
Civil and Environmental Consulting and Design
826 % Grand Avenue, Glenwood Springs, CO 81601
P : 97 0.945.55M F: 970.945.5558 www.mountaincross€ng.com
)
STATE
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Departnent of Natural Resources
1313 Sherman Streol Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FN( (303) 86&35E9
http ://www.water. slat6.co. u3
Apn127,2007
Craig Richardson
Garfield County Building and Planning Department
108 8th St Ste 201
Glenwood SPrings CO 81601
Re: lronbridge Phase lll Preliminary Plan Text Amendment
Section 1, T7S, R89W, 6'' PM
W. Division 5, W. District 38
Dear Craig:
We have reviewed the above-referenced proposalto subdivide a parcelof approximately
4S.Zg acres into 61 residential lots with one single-family dwelling on each_lot, .The applicant
propo""i to supply water through the Roaring Fork Water and Sanitation District (District). . .
b"*"g" disposat ii;; to be p-rovided by tn6 oistrict. A letter of commitment was not provided.
The lronbridge pUD AmendmenUPreliminary Plan was previously approved in our August
6, 2Oo3 ldtter for a t5ta of iZ2 residential units, including 30 affordable housing units, in
accordance with the augmentation plan decreed in Case No. 97CW236, which allowed for a
Oevilopm"nt with no m5re than 5S0 EQRs. This approval included 82 residential units within
phase l. The tronbridge preliminary PUD Phase llwas approved in our February 17, 2006letter
tor lT3residential unii's, includingi+ affordable housing units. The current application for
iionoridge phase lll inciudes 61 iesidential units, which would bring the total number of approved
residential units to gf O, witn 6 affordable units remaining for future development. A February 15,
2006 letter from Thomas J. Kennedy, P.E., of Zancanella & Associates, lnc. states that lronbridge
has assign ed S.2AF of their West fjiviOe Water Conservancy District Water Allotment Contract
No. gzodzgRFl(a) (out of a totat s1.o AF) and 17.5 AF of the consumptive use credits atljudicated
in case No. g7CW236 (out of a total ot ia.qAD to the District to fully augment the out-of-priority
depletions associated with the in-house and outside potabie water use within the PUD.
Based on the above, and pursuant to CRS 30-28-136(1XhXl), it is our opinion that the
proposed water supply r.n 6" provided without causing material injury to.declegd water rights,
ind i. adequate, so'tong as the plan for augmentation is operated according to its decreed terms
and conditions. lf yo, oi the applicant has iny questions concerning this matter, please contact
Cynthia Love at this office for assistance.
ill ljr{l i,;}fr/ffim
lvlAY I tr 2007
. " .;l-;t.li,iTY
:- ;, i i.-1, ;',rLi $ i:) l-l:li{iii ! l{G
Bi[ Ritbr, Jr.
Govamor
Haris D. Shennan
ExeqrUve Dircclb
H6l O. Simp8dl. P.E.
Statc Endnesr
Sincerely,
Craig M. Lis, P.E.
Water Resource Engineer
CMUCJUlronbridge Phase ll l.doc
cc: Alan Martellaro, Division Engineer, Division 5
Bill Blakeslee, Water Commissioner, District 38
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STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Corn-missioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 6th day of October, 2003, there were present:
John Martin ' Commissioner Chairman
Lurtu M.Co*t, , Commissioner
Tresi Houpt , Commissioner
Don DeFord , CountY AttorneY
Nfildt.d Aitd"tf , Clerk of the Board
Ed Green . , CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. zo0. t:29.
A RESOLUTION CONCERNED WITH TIIE APPROVAL OF A PLANNED IINIT
urvrlopMENT f,pUD") MODIFICATION FOR IRONBRIDGE (FORMERLY 6'ROSE
RANCH") PUD
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
("Board") received from LB Rose Ranch,LLC. ("Applicanf') an application for PUD
rnodifi cation (' ApPlication");
WHEREAS, under the Application, Applicant sougbt to have modifie$ certain
provisions of the pUD heretoforJJstablished for the Rose Ranch PUD by the Board r:nder
previous ResolutionNos. 98-80 and 99'067;
WIIEREAS, on the 76 dayof July, zX[3,the Application was refsrred by the Board to
the Garfield County Planning Commission ("Planning Commission") for ieview;
WIIEREAS, the Planning Commission held a public meeting on the 13ft day of August,
ZOO3,upon the question of whether the Planning Commission shouldrecommend approval or
denial of Ur. Application, at which hearing the public and interested parties were given the
opportunity to express their opinions relative to said recolnmendation;
W6REAS, following the close of the public meeting and on the basis of substantial
competent evidence introduced therein, the Planning Commission entered its recommendation to
,the Board that the Application be approved;
WIIEREAS, the Board held a public hearing on the 6e day of October, 2003, upgn t{re
question of whether ihe Board should approve, approve wjth conditions or deny the Applicatiou,
at w-hich hearing the public and intErest"d persons were glven the opportunity to express their
)ss
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^at ai oii, r t1' )loo i''t'rl i ii' t is'o o ? 432 r'r RL sD o RF
f 7 R O.OO D O.OO GRRFIELD COUN' O
opinions relative to said approval or denial; and
WHEREAS, following the close of the public hearing and on the basis of substantial
competent evidence introduced therein, the Board made and entered the following
determinations of fact:
1. That proper posting and public notice was provided, as required, for the hearing before
the Board;
2. That the meeting before the Board was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were heard at that hearing;
1. That for the above stated and other reasons, the proposed modifications to the konbridge
PUD are:
a. in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County;
b. in confoflnance with the Garfield County Comprehensive Pian of 2000, as.amended;
c. in conformance with the Garfield County ZoningResolution of 1978,as amended
(" Zontn g R es o luti on") ;
2. That pr.:rsuant to Section 4.t2.03 of the Garfield County ZotrngResolution 0f 1978, as
amended, the proposed modifications to the honbridge PUD:
a) do not affect the rights of the reSidents, occupants and owners sf the PUD to rnaintain
and enforce the provisions of the PUD Plan established by the BOARD under
Resolution Nos. 98-80 and 99-067, grven that the Applicant is the sole resident,
occupant and owner of the PUD and has consented to all such amendments;
b) do not affect in a substantially adverse manner, either the enjoyment of land abutting
upon or across a steet from the PUD, or the public interest, and is not granted solely
to confer a benefi.t upon 4ny person;
do not propose time-share or fractional ownership units or other similar interests in
property, and
Do not cause any conflict with the operation or utilization of the adjacent Mass
Transit Facility or with any of the standard contained within section 5.11 of the
ZonngResolution
NOW, THF.REF'ORE, BE IT RESOLVED by the Board of Cor.urty Commissiouers of
Garfield County, Colorado, that based on the determinations of fact hereinabove set forth, the
modifications to the Ironbridge PUD as set forth within the Applicationbe approved, srbject to
the following conditions :
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4 of 75 R O.OO D O.OO GRRFIELD COUNTY C0
c)
d)
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iT-i i-s-.sa D o'oo Gr ELD couNrY co
1. Integration/Applicant Representations. A11 representations made by the Applicant, in
the Application, and ui it. public hearing before the Board, sha1l be conditions of approval,
unless specifically altered by the Board as hereinbelow set fofth.
2. Integration"/ Previous Resolutions. Al1terms, conditions and provisions of Resolution
Nos. 9g-g0 irrd 99-067, attached hereto and incorporated h.erein respectively as Exhibits A and
B, not been modified or otherwise altered by the conditions of this Resolution, shall remain in
fulI force and effect.
3. ZoneText Amendments. The revised Lard Use Summary andZoneDistrict Text
attached hereto and incorporated herein as Exhibit C is hereby approved and adopted as the zone
district text for the Ironbridge PUD and shall supersede the Land use Summary and Zone Di,strict
Text established under Resolution Nos. 98-80 arrd 99-O67.subject to the following additional
modifications:
A. All references to,"deed restricted attached or detached Accessory Dwelling Units
complying with the requirements of the Garfield County Zoning Regulations
govZmin!. ffordabte Housing.for Rent (Section 5.09.05.03(3)(1999)) " are hereby
deleted;
B. Pursuant to Section 4.07.1.5.01(Affordable Housing Mix For Lands Designated High
Density Resideritial) :
1) Ten (10) owner occupied deed restricted housing r:nits shall be located
within the PA 22 zonie district, ( Medium Density Residential zonb text).
Said residential dwelling units shall be designed and conshucted in
conformancewith the piovisions of Section 4.07.15.03 and shall be
offered for sale in conformance with the provisions of thd Affordable
Housing Guidelines as set forth within Section 4.14 Zontn;g Resolution.
Hereinafter all housingunits conforming to the provisions of the Zoning
Resolution hereinabove cited shall be referred to as "Affordable Housirig
Units";
2) The remaining twenty Affordable Housing Units required prusuant to
Section 4.03.15.01 maybe allocated among either or in any combination
of, the following thrpe locations: a) outside the PUD as allowed.under
Section 4.03.15.01(2); b) within those zone districts zoned Medium
Density Residential and/or Club Villas (PA 19 and PA 20. The total
nrsnber of units allowed within the Medir::n Density Residential or CIub
Villas zone districts as set forth within the Land Use Summary shall be
increased by the number of Affordable Housing Units located within each
such district; provided however, that the maximum number of units
allowed within the Medium Density Residential zone distict shall not
exceed 94 units, if all 20 of the affordable units are added to this district.
The maximu:n density allowed within the Club Villas zone district shall
ililil llril llllll llllll llll llllll lllll lll lllll llll llll
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5 of ?5 R 0.00 D O.OO GRRFIELD
P604 t,l
COUNTY
ELSDORF
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646387 O2/fi/2q@4 11rX3A 81tr^0 P434 l'l RLSDORF
4 of 1 R O.OO D O'00 GARFII COUNTY c0
not exceed 67 units, if all20 of the affordable units are added to this
district;
The total nurnber of AffOrdable Housing Units to be allocated to each such
location (off-site, Medium Density Residential or Club Villas zone
districts) shall be designated and quantified by Applicant within all future
application(s) for Preliminary Pian within PA 19 (Medium Density
Residential) and/or PA 20 (Club Villas);
In the event that all required Affordable Housing Units are located withid
the Ironbridge PUD, the total maximum density allowed within the PIID
shall be established at322 units; provided however, that said maximum
density shall be reduced, pro rata, for each such Affordable Housing Unit
located by Applicant outside the Ironbridge PUD.
Prior to the filing of the first final'plat filed under this modified PUD,
Applicant shall provide the precise calculations and "0/o Total"
calculations within the Land Use SummaryTables.
4. Zone DistrictAmdndments. At the time of filing of this Resolution, Applicant shall
also file a modified PLID zone district map which shall include the following:
A; Creates PA22. PA2zshall encompass approxim atelyZ.Sacres, shall contain 10
residertial units / lots and shall be subject to the zone district text applicable zone
distict designated "Medium Density"; and
B. Eliminates references to community trails and overlooks.
5. Regional Trail. At the time of filing of the Final Plat, Applicant shall convey to the
Board by special waranty deed, an easement for biking and pedestrian travel over and across the
Regional trail paralleling County Road 109, more partioularly described within the Preliminary
Plan. Coincident with this filing, Applicant shall file withthe Board all required.applications, if
any, and all other documents necessary to vacate the unimproved public trail previously
dedicated to the public under the Rose Ranch Final Plat, Phase 1 recorded on Se,ptember 11,
2000 in the records of the Clerk and Recorder for Garfield County as Reception No. 569188.
6. Affordable llousing.
That Applicant shall create and obtain all subdivision approvals within PA22
necessary to locate therein (10) affordable housing r:nits in partial satisfaction of
the requirernents set forth within Section 4.07.15.01 (10% of housing rnix). The
Applicant shall construct and offer for sale the (10) affordable housing r:nits in
compliance with the terms and provisions of the Affordable Housing Guideiines
set forth within Section 4.14 of the ZonngRegulations. The obligation to provide
3)
4)
s)
A.
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6 of ?5 R 0.OO D O.@O GRRFIELD COUNTY C0 4
5463875of7
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theaffordabledwellingunitswithinthefustsubdivist'"pl-T:-"*:I?3nU"
puD shall be secured by Applicant pursuant to the following instruments:
B.
C.
1) A deed of trust recorded on PA 22 as subdivided in favor of the Board in the
amount of $500,000'00 or shall provide to the Board such other security in
lieu thereof as may be deerned satisfactory by the Board;
2) A deed restriction which shall be appwtenant to and run with title to the land
ofpLZZhs subdivided requiring trr.'rotuiion, constntction and sale therein of
the 10 affordable J*afi"g units in accordance with the terms and provisions
of Sections 4'Ot1 .15'01 and 4' 14'
lnordertoerrsurethataffordabledwellingunitsarem{lavailableforsaleina
maflner corresponding to the developmenT of non-restricted lots rrithin the fust
subdivision phase a][;il t"ut"qr#phases of the Ironbridge PUD' '{pplicant
shall be required at aiitimes *d*tii.onstruction of the entire 30 affordable
dwelling units is coJplete,_to have.construoted and sold or constructed and
available for sale, aff6rdab1e dwelling units in a number equal 10% of the total
number of uor"st'icieJ units which ttu". ui tf'ut time-been told or made available
for sale. If at any time, this percelrtage fails below the required tlyo' Applicant
shall be required foi-.u.f, ,rr.U a.f.l.niuggotauUle dwelling unit' to place
$150,000 into an "J;;;;;",*t i" favor of the Board or to provide such other
security in lieu thereof as may be ut..piuti. to the Board, *hich firnds or sec,rity
trr. noLa w,r tiren"appiv .*uI; fi;ilrt*ction of the affordable dwelling,nit'
That in the event the Applicant is unable to obtain, pl 's:Tt to section 4'07'15'01
of the Zonngn"roirtiJt, off-site units in satisfaction of its remaining (20)
affordable dwelling unit obligation.rnder futu,e subdivision phases, the Applicant
shall be required "3 "
*"Aiii[o pr"""a"rrt to tUt filing of a fina1 plat in which such
affordable a*.fiiog *i1t *. t.i"it.d, to obtain from tle goard all required
subdivision approiuls necessarylocate said units within the kOnbridge PUD'
That Applicant shall provide the Garfield county Housing Authority and Garfield
County Building and Planning Departrrent semi-annual rePorts docrmrenting the
statustf affordatte dwelling units within the konbridge PUD.
7.Preliminary Plan Phasin g'
A. Applicant shali be allowed to subdivide Planning-Areas 19 and 20 as block filings
purzuant*'"e*",.futurepreliminarypIanandfinalplatfilings.
. Future subdivision development within the konbridee PUD shall be in accordance
with the phasing plan attached hereto and incorpotuLa herein as Exhibit D'
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i'ri is-n o.o@ o o.oo cRRFTELD couNTY c0
646387 a2/fl/2o04 11: 134 s1s6o-Fqia-m nus'obhF
6 of 7 R O.gO D 0.40 GRR| D COUNTY C0
8. Street Name Changes. A11 streets contained within the Finat Plat and all final p1ats to be
filed in the future sha1l be identified in accordance with the street names set forth within Exhibit
E, attached hereto and incoryorated herein.
g. Modification to Lot Locations. Applicant shali eliminate from its 1$ Preiiminary Pian
filed under this amended pUD the Lot ideniified in the previous Preliminary PIan as Lot 62 and
shall replace the same within a Lot to be breated adjacent to existing Lot 19' Existing Lot 19
shal1 hereinafter be identified as Lot 19A and the LLt located adjacent thereto shall hereinafter be
identified as Lot i98.
10. Community Facility. Applicant shall make available for sale to the existing regidents of
the Westbank nancn subdivision without initiation fee, social memberships in the honbridge
pUD's fitness/pooVtennis club facilities on the same terms offered residents of the PUD.
1 1. Golf Course Operation. The golf corxse will be private with a public component, as
represented dr:ring the initial application process. As indicated in the "Community Impact
,tnalysis: Rose Ranctr Golf Course, Garfield County, Colorado" prepared by Roaring For
Investrnents, LLC., public tee times shall be no less than 34 times a week, with an additional six
(6) affordable tee times a week.
1,2. Name Change. The Rose Ranch PUD na:ne shall be chariged to Ironbridge PUD and all
approvals, documentations, representations heretofore issued to and made in the name of the
Rose Ranch PUD shali be deemed to pertain to the Ironbridge PUD.
Datedthis 9th dayof Feb. ,A.D. 2004.
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the
vote:
by the following
Nay
Larrv McCown , AYe
Tr6si Houpt , AYe
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8 of ?5 R O.O@ D O .OO GARFIELD COUNTY C0
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1 o€ 1 R O.Og O g.O0 GARF. J COUNTY c0
STATE OF COLORADO
County of Garfield
)
)ss
)
r , Cbunty Clerk and ex-officio Clerk of the Board of
CountyCo**i,,io,ffi.forthetountyandStateaforesaiddotrerebycertifythatthe
annexed and foregoing Resolutioo it tt fV "opi"a
from the Records of the Proceeding of the
Board of County Comirissioners for said Garfield County, now in my office'
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said
County, at Glenwood SPrings, this day of A.D.2004
county clerk and ex-offi.cio clerk of the Board of county co-mmissioners
!ul+[;l4{uFlq4l'l$J.lJJl[''#&'JrlllHlr
ttt !atrr rrtt lllat531935 0gl09/1998 04:39P 810871 of 25 R 0;00 D O,g' IRFIELD
P862 h RLSDORF
COUNTY CO.\ LltlHllll.llultfllulllluil[]ilt ililt iltilt) ?17s44 sein2')io6{ da,+gp B1s6s p6os-r1 RL'D'RFto or 15 R @.oo D o.oo onnFier-o.ddItriv.co__.,
STAIE OF COLORADO
County of Garfield
At a regular meaing ofthe Board of County Commissioners for Garfietd County, Colorado,
held in the Commissioners'MeetingRoonL Garfield County Courthouse, in Glerrwood Sprin$s on
Molday and Tuesday, the2gl-andZlu days of truly A.D. lgl8-there were Present:
Merian Smith . Commissioner Chairman
f ,arrv MeCown . Cotnmissioner
'fohn Martin . Commissioner
Don Deford
" County futorney
Mildred Alsdorf . Clerk of the Board
F.dwnid Creen , County Administrator
when the following pioceedings, among others *.r. hud and done, to-wit:
A RESoLUTIoN CONCERNED wlrrl THE APPRovAL OF A PLA}INED UMT
DEVELOPMENT (PIID) APPTTCATION FOR THE ROSE RANCE PIID.
t
,. WHEREAS, theBoard'of County Cornmissioners of Corsda County, Colorado, has received
application from,pe Rmirg Fork lwestntents L L C. for a PW to allow.for approval of a .Planned
UnitDerelopmg.gt; aad',,.qir"'la -- 'rt! i.-. - l'''t ::n.
"$II{EREAS, Garfield Cor.rrty Planning Commissiou held a public hearing on Wsdrcsilaylhe
276 ofMay, 199E and continued said heuing to Monday the ld of June, 191!" upon the question of
lyhether the abovE described PID should be granted or denied, at which heuing the public and
interested persons wer6 given the opportunity to express their opinions concerning the approval of
said PID; and
:l
: WIffi,EAS, tln Board held a public heariag on Monda]r the 20e day qf July, 199& and
-continued saifffrearingto Tuesdaythe 21r dayof July, 1998, upon the question of whether the above
described POb rt oUa * graltei or der:iE at wtriCir hearing ihe public and interested persons were
given the opporunityto express their opinions regarding the iszuance of said PW: ud
Exhibit
A
)
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)
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RESOLUTIONNO. -lf.JO-
o
.:
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Page I of 15
Craig Richardson
From: Jim Rada
Sent: FridaY, MaY 11 ,2007 1 :09 PM
To: Craig Richardson
Subiect: lron Bridge Phase 3
Attachments: Jim Rada.vcf
Craig,
Unless I am missing something I have no substantialcomments on this submittal. The following items are
general guidance.
1. A CDPHE Construction stormwater permit or an amendment to an existing permit should be in place for
approval.
Application for or a letter stating no need for a construction permit from the oDPHE Air Pollution control
Division should be submitted for final approval'
in"r" requested a copy of the Roaring Fork Water and Sanitation District's most recent consumer
confidence report. The water quality data submitted is quite old and really does not serve its purpose for a
2007 apPlication.
Developers need to abide by the Colorado noise statutes'
s"r"g; of any hazardous materials on site during development needs to be managed in accordance with
applicable Federal, State and local laws and regulations'
Thanks for the opportunity to review this application'
Jim Rada, REHS
Environmental Health Manager
Garfield CountY Public Health
195 W 14th Street
Rifle, CO 81650
Phone 970'625'5200 x81 13
Cell ' 970-319-1579Fax 970-625-8304
Email irada@ garfield-county.com
Web www.gar{ield-countY.com
)
3.
4.
5.
6t6l2N7
ffghet}?sPl-g/q,$*&j5
PdHrHrsi :*uil, rl g1
$s${I{6E flt1 ngG I if'
fluet/rffi 6wl1tt
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ESCROW AGREEMENT
Escrow Number:
Commitment Numben
Clos€r:
ev
Authorlzed SiEnatory
Address: Balcomb & Graen P.C'
GlenuPod Sptings' CO E1e01
TeleDhong: (970) 94ffi546
EmallAddress: tim@balcombgr€en.com
SStl# or Tax lD#
Contact P6tson: Tlmothy A' Thulson
LEilDER:
Addross:
Tolephone #L
Tax lD#
Contact Person
fuiy coirBspondence rcgarding thls escrow shall be
addressed to:
ATTN: ESCROW COORDINATOR
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Address:
Tolephons:
Emall AddrBsE:
SSll# orTax lH
Contac{ Pe6on:
Denv6r, Colorado
Date:
TheundersigneddgposltwitltIANDT|TLEGUAMNTEE.GoMPANY,aColoradoCorporaton,asEscrow
Hotder (ths 'Escrow HoHsr), # i;;;.;i irt{'t in s*t"arr" n, to i'e held'by Escrorv Holdor sublect b he tetms of
o,is EsirowAsre€msnt the d;jjiil;$;t'to *,"'e"-".*AgL"'"ni"tia m special lnstuctions ln Schedule B
(collocrtvely, the "Escrow Agreemenf)'
E All cash deposib must be accompanled by a Form w-9 Requect for Ta)payer ldentlfcation Number'
"SCHEDULE f
(DePoslts)
Good Fund3 ln th. amount of ono llillllon, s.wn Hundnd.nd Elghtrltvr Thourand doltar ($1,785,000'00)
"SCHEDULE B"
(SPeclal lnstiuc0ons)
tr Spedal lnsfug{on No' 'l (RsPairs) AttBched
tr Spedd lnsfuc'ton No' 1a (Conplelion) Attached
trspociallnstuc.tonNo.2(LenderCompletionlnsructions)Attachgd
trSPeclallnstrUctonNo'3(lnd€mnltyAgreement.CashDeposit)Attac-ttcd
tr Speclal lnsfuc0on No' 4 (Depository lnsfucdons) Attadred
tr Spedal lnstruc'tion No' 5 (F'I'R'P'T"A')
tr Speclal lnsfuc0on No' 6 (Resolufion of Mlscellaneous lssuea)
I All other (See attachod E)dllblt "tr)
",ollio1"*i8"fbT*'#,i'f"|,["J:;?1l}",]tilsgT:8"1,"i"#r"#"",*fgiT'=:9ffiff'*#"ff:a^:"f,1Special Transactions ln Schedul€ B.
LB ROSE RANCH LLC, a Ddaware limltod
llabillty company, bY PAMI LLC' a
Delauiare nmneO mUnty company' ltB
managing membar'Chalrman
ATTEST:
I
Clert of he Boad
Board of CountY Commlsslons6'
Garfield County CO
c/o Bulldlng and Plsnnlng Dlr€ctor
108 8s StraeL Ste. /+01
Glenuood SPtngs CO 81601
(970) 945-8212
fredlarman@garllsld-county.com
Fr6d Jarman
(lf apdlcabl€)
ESCROW FEES TO BE A8 FOLLOWS:
(a) S€tuPfse(b) Annualfea S(ci Miscetlaneou3 -$--
By:
Receioted cf he Eecrow Depoelt and sccepEncs of tho
Escroi,v Agreement hereby Acknowledged by
ESCRdW HOLDER
Fom 3560 ...dot 0412008
By
P.g. I ol I
LAND TITLE GUARANTEE COMPANY
GENEML PROVISIONS TO THE ESCROW AGREEMENT
lnitials
lnitials
1. l{odca..(a) All notlces shall be in wrfting and shall be sfiectfuc whBn ac'tually 7€6lvod by the party to whdn lha ndle le
addr€ssed.
Any Noticas delive'rd in iBrms oflhs Escro\r AgrBsmcr( shall be delivered to thc addressee(s) giton in the Escrolt
Agrlcment.
Notice may be dellwrcd bv U.S. or privaia mail, or couri6t
(b)
(c)
(d)
(c)
(0
(g)
Notice may be dellwtsd pcGonally, by U.s. or Privata mall, or coun6t
As an aloinative to plrysical daliviry, iny Notlca may ba dcllvarcd in elsctrcnic form by facsimila or by small.
Ndlces wlfr odglnal slgnaturas shall bc provldcd upon raquest of a7ry Party.
AI Noticrs strafstEte cqrepicuously lhG EscrotrY Number as shown on thc Esdow AgrBamant.
A.y ;o&. b E;."', HoltJir, shalt 6c gi\rBn no latar than 24 houts pdor to thc dats and tlmc for ac'tlon by Elorqx
Hoidsr. EBcrox Holdcr agrB€s to Bct upon all mtloea glven io lt wtricir ar! tully aPPtovrd by all sPpDirhtc.prttllHoidsr. EBcrox Holdcr agrB€s to Bct upon all mtloea glven io lt wtricfi ar! tully aPPto/rd- by all sPproprhtc prtt!8 an
a|B ncrt conditiomd uponiny evant othcr th8n E8crou, Holdo/B actions, not latcr than 5:00 p.m. on th! buslTrss day
non folloxlng ths datr upon whhh such NoUcr uae
'lcefucd.
R.llmc. on llotlc..
Escrow Holdrr may 6gt in r€llancr upon airy lryltlng or ln8trum6[t or ElgnlhJ]! which E8(,o\f, Holdar, lngood hlltt'.
Ucticrce fo b! gcnlirl3, and may aaiume tlic valHlty and mrtasy of arry stabmcnt or ass.rtbn Eontalncd h auoh a
wrltlng a inAru-mant, and mey;$umc that ary penon puryor{ng to giro ary wrlting, notlcc, advloc or lnstrucdm ln
conr€stion ulth tha provtsiom hamof has bccn duly authorizBd so io do.
L.wl R.htng io Unclalmcd Fundr
Ai perlcs ar herBby ad\rl8cd thst urclaimcd fundr mey bc peyablc b thc $atc at aomc lirlurc dat purBuant to
u#laimed orooety lir*s, and rhould Escrow Holdcr pay any auch funds hcld ln lhc Escrolv DcPosll. Eecrw HoHcrHoldcr pei any guch tunds hcld ln lhc Eecrolv DcPoall. Eecrw HoHcr
untlarthc EacrowAglrcmsnt and 8hall nd ba liebl. b alry Peily 80 long
urElaim3d property la*s, and thould Escrow Hold.r pa)
shall bc Elgascd from all fulul! r€sponslbmy undarthc
ae andr payncnt wae mada putBuant to apPlicabls hw.ae arcfi payncnt wae mada PulBuant
obl'rga$ons or othcr Fcderal agcncy lssucd B€curitic8.
isdfow ttolOgr shatt na Oc ruEponiUtc for madmirng ths ylrld on lhs Eicrow Dsposlt. Und.r no drEUmBtBncB shall
Eicrorr nofer br nabb for losi of tund6 du. to bank or otlicr lnstitution fallup, lndudinE lmploycGs or agsnt8 th.rcof,
auspcnshn or ccssatlon of businrsr, or any aciion or ln.ctlon on thr Patt oflh! bar* or othcr insillutlon, or arry
ddhraiy scrvica lransporiing funds to and from thc instltutlon'
ff pBr[i$ helBb Ehail cxeirtc and dclfus to E8c{ow Holdrr all forms ruqulod I fcdltel, ElEt! or othcr govrnmcnbl
agincice nlatine to taEtion mattsr8 and Escmrr l'loldcr udll fllc apPmPrlat I ogg or dh.r fom3.
F!.a and Eg.naae ol Ercrry Holdr.(a) Thc Eicmr Holder shsll bc cnfilcd !o ,Elmburs.mrnt ln full, or mry_dcmand paymcnt.ln ad\ranor, for all co8tr,
(c)Esqow |lold€r may rrly upon accountanb, bDkrrs or othar pqron8
raasonably belicwi Ef li in good faith to b3 cleBrt ln Olr rrattcra upon wtrlch thcy arc consutted, and fo,r my
9.R.qurrt to? Wdit n lnltrucrlont.
actlon, or r€fuss to aci, ai lt may decm approPriatc and shall not bc llablc b anyonc for euch aotion or |ltlirsal to act
Notnlhstendim thc fo]lqoinq, ahould thc torms of thc Escrovv Agncmcnt b€ complbd vulth, ln thc ludgmcni d EsctrNotnlhstending thc forugping, ihould tp torms of thc Escrovv Agncmcnt b€ complbd vulth, ln thc ludgmcni d Esctow
Holdcr, then thi Escrow Holdcr may dlsbunc any funds, distrihta documenta or takr such adlm wlthort spcdlb
furlharurfltcn instructiom from arry Prrty.
Ercrow Depodt rnd lntentt E!m!d olr Etcrow DaPo.]L
i"j h g1i cront 61a thc E86ow Dcposlt conslste dady or sntlrcly of moncy,.thcn dudng Orc pedod_tu Eaomn lbldcr b ln
poasessbn of thc Escrow D6poilt, tr. moncy wl[ b dapoelt d ln an FDIC lnaumd lnstltutlcn (tha 'lnsitu0otf]
bapoclboflsssthan$ls,ood.mBhelnotbcarlntarasL Depooltaof$15'(x,0'00to$1m,000'00shallbGsrlntrtldet
tha ratc paid B he lnstltution. Daposlts of $100,000.00 a mo]r may bc dltldcd by thc pattiss hrrlto to othrr tlD.r
of hwainc*al or tha Eecror Hodgr may lnvBd thc Esoro\i, Dcposlt ln Rcpurdrasa Agtr.mcnt8 for U.S. Ttrasury
(b)
(c)
(b)
c:gcnscs, charyas, frc6 or olhcr prymcnB madr or io bo mafu by Esctor l'loldcr ln th. parfotmanc. of Ercru
Holdc/s dutlcs and obligliiorB und.r ihc Esctow &Grmsril.
Tho p€rtbs b thc Escriv Agocmcnt arc jolntly and acvcnlu llabh fur th. peytncrt to Escrow-HoE8r of all hce and
crpcnsca Escmw l-bld3r dhcEby auttr6dzd and dlnc{ad b dbburBa to ltsrlf in paynrant of bcs or o.pcnscs troln
arry trnOs h the Escrow Daposlt, ufielher tom pdnclpal or lntcllst or bdh, at arry tlmc, and ftom t]m to tltn3, as lha
saflre may b. duc and owinS.(c) EscrowF6lderie hcnUyauihodadtowtthhold anyfecs orcxpcneasfrom lnydisbutscmGntordlBtrlbutbn ofEscrow
Doposlt b arry Party haruto or to thc Cler* of tha Court upon lntrrPbadcr.(d) ln irc cvcr* th* ttri Escrorv Deposlt ahall consist of documants only and not fund8, EE.run !l,old.r may r!fusc b
dlsfrlbuts ary sucfi documcnB 6r to otherulsc ac't undcr lhlE AgDoment untll all acctued by unPald feca and ctPmErB
havc bccn pald ln full.
ilon.{hblliu of E.(,pv Hold.t(a) Escrlnil Holdcr shell nd br llabh lor airy miBtakcs of bct, or crora of Judgmcnt, o. for any tott or omisabns of any
Hnd unlcss causcd by tha wlllful mlsconduct or gross negligenca of Essur Holdcr.
(b) Escrorr Holdcr shafl ;ot bc li.bla for any b,cs, i8Brssmcnis or dur gorcmmrnlal chaEcs whlch mly br lcvlcd or
e88a8scd uPon th! Egcio\x D€PoBlt or any Pert thctrot, or uPon lhe lncomc thcofrom'
Escrlw |lold€r may ruly upon thc sdvlca of ounscl and upon statcmcnts of accountal
6.
r€a8mlblc ac-tlon takcn or aufierad ln gmd hlth baecd upon Euch advl6 or stetcmBnts.
7. lndcnurlUof ErcrryHoldra
Thr pstli.s hcGto, iolntly end 86\,Btally, agr€c to:l) Indemnlu Eicmri Floldsr anO liold lt harmLss sB to any llabilily by lt lnqr?Bd by tE Esctor l-lold.r to any o0lrr
pmn or pcms by r€ason of lhb Escro\ir Agrrlmsil, or ln conrtoiion horuwtth arccPt for Escrow Hold€/3
osn wlllful misconduct or grosa ncallgcncc, andll) rclmburse Eecron llolder for atl lts-crpcnses, induding, but not nccossatlly limltod to EttorncyE' fcrs lnd court
c6ts lrEutrad in oonnectlon hcrcwlth.
8. Dlrpubr end lntarpladcr,
(a) ' ln the cvant of arry dbpuir betwBsn thc Pailas ae b cllhcr law or facn, or ln thc cvcnt aiiy-of lhc Plrllcs hsrab hll, for
any Garon, to fu[, rra.bt and acqult thc Eecrow lloldrr ln w'lung, Escrow Hotssr may rcfu8!, h [s dhotltlon, to clrry
out eald csorow instructims or to dclivcr any funda, documantr, or propatty ln n8 hends to anyonc and ln so dolttg
BhaI not b€com. lieblc to damnd.(b) Escrow lloldcr shall bG entlthd to conilnua, wlthout liabilty, to Efreln 8rd t!tu6. to act:
l) untll all the rlghts of thG ad\,!rs! claimertts haw bc.n linally adJudlcaicd by a coutt hEvlng Jutlsd!{on qPr qtc' Partics and 6s ftcma afccned hcruby, aliar wtrlch 0mc lhc Escrow Holder shEll bc cntltM to ad In conbtmlty
rrrt$ sucfi adjudicatbn; orll) untll a[ difilllr.locB shall hava bean adrustrd by agr€cmcnt and Escrcw lloldcr thdl havc bccn notiad lhrrrof
and shatr ha\6 been dircdcd in wrltlng signcd loirluy or ln countstpai by lhc Paillee ard a[ por8on8 meHng
adwBc dalms or drnundg, at utrbh tim. Escrcnx l-bl&r shall bc pr&cted ln ac'tlng in compllance thcruwlth.
(c) Esqow tloldcr also has thc dgt'n b HcrplGad into a court of comp.t nt iurisdictlon at thc er(Pensc of thc Paili.t.
(a) " Esctorr |loldcr may at arry tmc, and fiom limG to 0mc, ,!qu6t th. plrtic.E to ptovl& rdttan in8tudlons corcamhq
ttu omodatv d a omed Devmant of furds on deooelt. dictrlbu0on of documants, or offict ac,llon or Gfus8l io act tthc prcpdcty d a prcpc.d paymant of turds on dBPoslt,
Es6w Hold.r.
or officr ac,llon or Gfus8l io act by
Egcrw Holdcr.
Should th. D6rtlc6 hll b poddc suc-h wttten hstrucllons udlhin a rrasonablc 0rna, Eecrow Holdar may tEka 8udl(b)
(c)
Fom 38t0 ..-dot 04/2008 P.e. 2 of I
10. Reslgnltlon o, Escrow Holdei
(a) Escrow Hold.r may 6jgn under this egr€ement ry giving written notice to all of the parties hersto, effedive 30 days
afier the date of said notlce'
&) upon the appointmentiy-i;c partles of a new es6ow holder or custodian, or upon.witten inslruction to Escrort Holder
for oth6r disDosition ot Iia'i!&or Deposlt, Essow llolder shall, afier retention of 'tts accrued msorr fees and
:}[ffi.-'ff;r:;;f;;ifu;;"-'i"!ifi;LpJ"it-rnii" " '""*mbla period of time 8s so diectBd, and shallb€
reifewa bt anf
"nO
all lisbllity henundar arising thercaf,er'
11. Bcnrflt ^-----J -L-r &
A|lrigirtsandprctactlonsafiodgdtoEscfoilHoldgr|ntsmsofthcEEcrowAgrccmentshallinurrto.andfortha
bcnelt of , tts undc*"il;;;;*Ji" th" escrorr Agrecmir6 t6c tcm "Escr6w Holdar shall indude 11" undaryvrllsr'
and th.lr t€sp€ciive agcntB and ]lpresGntratlw'
12. ADDllc.bl.Lrw.'- ' -- - nu LsnGmGnt shall bc aovamad by thc lauc of tha State of Colorado'
13, Gount rp.rt rFacrlmllr.
ThcEscorAgrucmBntmaybccxlcut.d.lnany-numberofcounb'parts,radtofwirlcirwhcnsomcrrtcdshall
constltutc tha .nllrr "d;-#;;1r["; thc pe'rdcs herato anO mai b. spcurcd ln iace.imlla and suclr facsimlh
s6naturc shal ba #ffi!3';r'ffi;d;ffi riii puac" "*,io*t oge and aglac that thcru alc m lntcndcd d
uniilended third paryil-ncncfarlci *p iray nly upon br bcnafit from thc prwislons of thl6 a97€8mcnL
Fom 3500 r..dot 04/2008
P.!! ! oft
This Escrow Agreement is entered into by and between LB Rose Ranch LLC ("Rose
Ranch") and the Board of County Commissioners for Garfield County, Colorado ("BOCC") and
Escrow Holder for the purpose of securing the completion of construction of deed restricted
affordable housing units 1'Affordable Units";, as defined under Section 4.14 of the Garfield
County ZonrngResolution of 1978, as amended, within Ironbridge Planned Unit Development
Phase II and Phase III, all in accordance with BOCC Resolution No. 2004-20 C'PUD
Approval"), which provides in relevant part:
In order to ensure that affordable dwelling units are made available for sale in a
manner corresponding to the development of non-restricted lots within the frst
subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant
shall be required at all times and until constuction of the entire 30 affordable
dwelling units is complete, to have constructed and sold or constructed and [sic]
available for sale, affordable dwelling units in a number equal to l0% of the total
number of unrestricted units which have at that time been sold or made available
for salel. If at any time, this percentage falls below that required l0o/o, Applicant
shall be required for each such deficient affordable dwelling unig to place
$150,000 into an escrow account in favor of the Board or to provide such other
security in lieu thereof as may be acceptable to the Board, which funds or security
the Board will then apply toward the construction of the affordable dwelling unit.
In accordance with the above, Fscrow Holder is instnrcted to disburse the funds
deposited herein under Schedule A ('Escrow Deposif')2, as follows:
To Rose Ranch
Escrow Holder shall disburse the sum of $37,500.00 to Rose Ranch upon Escrow
Holder's receip of written confirmation that as to each Affordable Unit ttre following
Footing and Foundation Wall;
Plumbing, Chimney and Vent and gas piping;
Framing and Insulation and Drywall;
Certificate of Occupancy (Temporary or Final)
Said sum shall be disbursed for each such Affordable Unit at the completion of each
identified stage of constuction inspection hereinabove identified. Written confirmation
shall be made utilizing the standard construction inspection process under the current
1 At its -""tiog of Noverrber 13, 20O7, the BOCC by motion darified the meaning of the phrase, '\rnrestricted units whidr at that
timehavebeensoldormadeavailableforsale"tomeanunrestrictedunibforwhidrcertificatesof occupancyhavebeenieeued. At
this meefmg BOCC also by motion and with the agreerrort of Rose Randr required that restriced uni6 eEraling the then requfud
10% of unreshicted unib, as above defined, be made available for sale by December 31, 2008.
2 ltre present Schedule A Deposits were computed on the basis of the total unrestricted lots for which Certificates of Occupancy had
been issued on December 31, ZM. In accordance with the above cited pofion of the PUD approval additional funds may be
deposited into the Sctredule A Deposib by Rose Randr whidr additiond funds shall be disbursed in accordance with the provisions
herein set fortlu
NibitA to Escrott Agreement
Page I Exhibit A
1.
2.
3.
4.
Q:\R\RBG RD&\DEITA.oPMBNIPb& IIn^ftrddb roudaglE*rbit A to E3m AgrrMt 2-13-08 Cl8.&c
Garfield county Building code employed by the Garfield county Building Deparfinent
*a .rr"[ be signed by t]rz Garfield
-co*ty rlallt ing Direclo1 or his or her designee' All
interest on the Escroi Deposit accrued during the ierm of this Escrow Agreement shall
be disbursed to Rose Ranch upon confirmation of completion of the last required
Affordable Unit.
The procedures set forth hereinabove are intended to govem the manner in which the
Escrow Deposit are disbursed to Rose Ranoh and shall not affect in any respect the
manner or conduct of inspections to be performed by the Office of the Garfield County
Building Inspector.
To the BOCC
Escrow Holder shall disburse the balance of the Escrow Deposit, together with all
accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved written
resolution of the BOCC confirming that the BOCC has determined Rose Ranch to be in
default under the PUD Approval. Such determination shall be made at a duly noticed
public meeting for whiclt-itose Ranch has been provided two weeks advanced written
notice.
Rose Ranch hereby waives any and all claims against the BOCC, its offloers, employees,
agents and contractors on account of each oi their good faith performance of their
ofitigutiorr. under this Escrow Agreemenl Rose Ranch shall defen4 indemniff and hold
haniless the BOCC, its officers, employees, agents and contactors from and against any
claim made on account of this Escrow Agreement
Exhibit A to Escrow Agreement
Page 2
Q:\R\Rse R&&\DEVE,oPN{ENNt& Itr\Afionlablc liouing\Bdibit A b Esw Ait@t 2.13-08 o6'dm