HomeMy WebLinkAbout9.00 Resolution 2011-841111 M\".1. l'lnlP"~ih"ll~lllM'IIW .~B:I+lliiiii:.M ~"' IIIII
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, November 21,2011, there were present:
,_,Jo""lm""-"M=art'-"i""n'-------------------' Commissioner Chairman
"'M"ik"'e"---"'Sam""-'s"'o"'n'----------------' Commissioner
-"-T""om""'""J""ank"""o"'v"'sk"'y,_ ______________ , Commissioner
,_,An"""'dr,_,e'-"w'---G"""'or,_,.g"'ey.J__ ______________ , County Attorney
""C"'ar'-'e'-'-y_,G,_,a,.,g,_,n,on"---------------' Asst. County Attorney
,_,Je""an""-'-A..,l""be,r""ic""o'----------------'' Clerk of the Board
.,E"'d_,G"'r""ee"'n'-'("'a""bs,e""n,t)c___ _____________ ., County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. d6/f-~J./
A RESOLUTION OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT
(PUD) AND SUBDIVISION PRELIMINARY PLAN FOR RIVER EDGE
COLORADO. THIS DEVELOPMENT CONSISTS OF 366 DWELLING UNITS
AND RELATED USES/FACILITIES ON A 160-ACRE PARCEL LOCATED ON
THE WEST SIDE OF SH 82 AT CATTJLE CREEK IN SECTIONS 7 AND 16,
TOWNSHIP 7 SOUTH, RANGE 88 WEST, AND SECTION 12 IN TOWNSHIP 7
SOUTH, RANGE 89 WEST, GARFIELD COUNTY, COLORADO
Tax Parcel Numbers: 2393-073-00-032 and 2393-073-30-033
Recitals
A. The Board of County Commissioners of Garfield County, Colorado,
received a Planned Unit Development (PUD) Application and Subdivision Preliminary
Plan Application from Carbondale Investments, LLC to (1) rezone a ±160-acre property
from Residential Suburban to PUD, as illustrated on the PUD Site Plan and PUD Guide,
attached as Exhibits A and B to this Resolution; and (2) to subdivide the property into
366 residential lots, as illustrated on the Subdivision Preliminary Plan attached as Exhibit
C to this Resolution;
B. The subject property is generally located approximately 3Y:. miles south of
the City of Glenwood Springs on the west side of SH 82 between the Roaring Fork River
and the Roaring Fork Transportation Authority Rio Grande Trail, and is legally described
as shown on the accompanying Subdivision Preliminary Plan attached as Exhibit C;
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C. The subject property is located within the Residential High Density
designation on the Future Land Use Map of the Garfield County Comprehensive Plan
2030;
· D. The Planning Commission opened a public hearing on July 13, 2011, on
the proposed PUD and Subdivision Preliminary Plan Applications and continued the
public hearing until September 14, 2011;
E. On September 14, 2011, at the continued public hearing the Garfield
County Planning Commission considered the question of whether a recommendation
regarding the PUD and Subdivision Preliminary Plan Applications should be issued for
approval, approval with conditions, or denial at which hearing the public and interested
persons were given the opportunity to express their opinions regarding the issuance of
said recommendations;
F. The Garfield County Planning Commission closed the public hearing on
September 14, 2011, and recommended "Approval with Conditions" for the PUD
Application and Subdivision Preliminary Plan Application to the Board of County
Commissioners by a vote of 6 to 1;
G. On November 21, 2011, the Board of County Commissioners (the Board)
opened a public hearing upon the question of whether the PUD Application and
Subdivision Preliminary Plan Application should be approved, approved with conditions,
or denied at which hearing the public and interested persons were given the opportunity
to express their opinions regarding the issuance of said decisions;
H. On November 21, 2011, the Board approved with conditions the PUD
Application and the Subdivision Preliminary Plan Application, and continued the public
hearing first to December 5, 2011, and then again to December 19, 2011, for the purpose
of fmalizing this Resolution, the PUD Site Plan attached hereto as Exhibit A, the PUD
Guide attached hereto as Exhibit B, the Subdivision Preliminary Plan attached hereto as
Exhibit C, the Phase 0 Improvements Agreement attached hereto as Exhibit D, and the
Development Agreement River Edge Colorado Planned Unit Development (the
Development Agreement) approved pursuant to a separate Resolution;
I. The Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. Proof of proper public notice was provided as required for the public hearings
before the Planning Commission and the Board of County Commissioners.
2. The public hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete, that all pertinent facts, matters
and issues were submitted and that all interested parties were heard at those
hearings.
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3. The PUD Application and Subdivision Preliminary Plan Application are in
general conformance with the Garfield County Comprehensive Plan 2030.
4. The following waivers from minimum standards contained in the Garfield
County Unified Land Use Resolution of2008, as amended (ULUR) have been
granted and determined as appropriate for the health, safety and welfare of the
future residents and the general public:
a. Section 7-108 and Section 7-307, Road Standards:
1. Modification in road, right-of-way, drainage including curb and gutter,
on-street parking lane, shoulder width, sidewalks, and other design
criteria identified in Appendix B of the PUD Guide and shown on the
Subdivision Preliminary Plan for Major and Minor Collectors
(identified as "Entry Road" an.d "Local" within the PUD Guide and
Subdivision Preliminary Plan);
ii. Road standards for Alley, Garden Home Access, and Emergency
Vehicle Access which will be consistent with the design criteria
identified in Appendix B of the PUD Guide and shown on the
Subdivision Preliminary Plan;
m. Roundabout designs consistent with the preliminary designs submitted
with the PUD and Subdivision Preliminary Plan Applications.
b. Section 7-207 C.l., Detention Facilities:
1. Detention limited to Water Quality Capture Volume as defined by the
Urban Drainage Criteria Manual, Urban Drainage and Flood Control
District, Denver, CO (UDFCD) in accordance with the preliminary
engineering design submitted with the PUD and Subdivision
Preliminary Plan Applications; and
11. Storm drainage systems designed in accordance with the UDFCD in
accordance with the preliminary engineering design submitted with the
PUD and Subdivision Preliminary Plan Applications.
c. Section 7-305 A.l.f., Landscaping outside of the adjacent right-of-way:
Allow landscaping within the right-of-way in accordance with the
landscape program submitted with the PUD and Subdivision Preliminary
Plat Applications. County approval of specific plantings within the right-
of-way shall not be required.
d. Section 7-305 A.7., Minimum size of tree caliper: A reduction in the
minimum tree caliper from 2" to 1.5" for deciduous trees.
e. Section 7-405 C.l.a., Standards for public sites and open space: Approval
of private roads for public use.
5. The following waivers from minimum standards contained in the ULUR have
been conditionally granted:
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a. Section 7-203, Restrictive Inner Buffer: A reduction in the structure
setback for placement of the bridge over Cattle Creek as shown on Sheet
SOI.Ol of the Drawing Package submitted with the PUD and Subdivision
Preliminary Plan Applications, provided that at the time of final plat the
Owner submits an updated site plan indicating the encroachments that will
occur on the site and identifies protective measures that will be applied to
the setback area.
b. Section 7-206 B.2, Sub-drain requirement: Subdrains shall not be required
for slab-on-grade as provided for by Sections IV .B.2( 4) and V .A of the
PUD Guide unless the specific soils and geotechnical analysis provided at
each final plat associated with the development indicates application of
Section 7-206 B.2 is necessary for protection of the health, safety and
welfare of the future residents and the general public.
6. The PUD Application and Subdivision Preliminary Plan Application, subject
to compliance with the conditions ofapproval set forth in this Resolution and
except where waivers have been granted, meet the requirements, approval
criteria, and standards set forth in the ULUR.
7. For the above stated and other reasons, and subject to compliance with
conditions of approval, the PUD Application and Subdivision Preliminary
Plan Application have been determined to be in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the Resolution.
B. The PUD Application and Subdivision Preliminary Plan Application from
Carbondale Investments, LLC to rezone the subject property from Residential
Suburban to PUD district as set forth and described in the PUD Site Plan and PUD
Guide, attached hereto and incorporated herein as Exhibits A and B, respectively, and
to subdivide the property into 366 residential lots as set forth and described in the
Subdivision Preliminary Plan, attached hereto and incorporated herein as Exhibit C,
are hereby approved subject to compliance with the following conditions:
1. That all representations made by the Applicant in the application, and at the
public hearings before the Planning Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the
Board of County Commissioners.
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2. The Subdivision Preliminary Plan approval shall be valid for a period of three
years, or until the first final plat has received a Determination of Completeness in
accordance with Section 4-103.C of the ULUR, whichever occurs first.
3. The maximum residential density permitted in the River Edge Colorado project
shall be 366 dwelling units.
4. The approved PUD Site Plan, PUD Guide and Subdivision Preliminary Plan are
attached to this Resolution as Exhibits A, B and C, respectively, and are
incorporated herein by reference.
5. The Development Agreement and the Phase 0 Improvement Agreement shall be
recorded as provided by state law and in conjunction with this Resolution.
6. Grading Activitv I Reclamation
a. The applicant shall obtain a grading permit prior to initiation of the on-site
activities and improvements as set forth in the Phase 0 Improvement
Agreement;
b. Revegetation security shall be provided at time of grading permit in
accordance with terms of Phase 0 Improvement Agreement;
c. No activity related to reclamation or development of the project shall occur
until such time as a State Highway Access Permit (SHAP) and Notice to
Proceed has been issued by the Colorado Department of Transportation
(CDOT);
7. Vegetation
a. Prior to issuance of a grading permit or approval of a final plat, whichever
shall come first, the Applicant shall provide a management plan for noxious
weeds on REC property and, if agreed to by the Roaring Fork Conservancy,
on the Conservation Easement;
b. The Open Space Management Plans shall be amended to remove the 5%
requirement prior to treatment of noxious weeds as state statute requires that
state listed A and B species must be eradicated when detected, and the County
concurs with state law regarding all noxious weeds.
c. County Vegetation Management Director shall be consulted regarding the
calculation of revegetation security.
8. Geology
The Applicant shall comply with the recommendations contained within the
Geotechnical Engineering Report submitted for the project, as such
recommendations may be amended through further geotechnical investigations,
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including the items listed below. The geotechnical engineer evaluating the site
shall consider the recommendations provided by the Colorado Geological Survey.
a. Detailed geotechnical investigations shall be provided as part of the final
design submitted for each final plat and prior to the commencement of
construction on the site; provided, however, that detailed geotechnical
investigations for pre-development reclamation (Phase 0) activities, which
activities shall be conducted as part of obtaining the required grading permit.
Detailed cost estimates shall be included for mitigation done as part of the
public improvements.
b. Specific foundation designs for buildings shall be prepared by a professional
engineer licensed in the State of Colorado and submitted at building permit.
c. Subsidence and sinkholes are considered a potential risk across the site. The
Applicant shall provide necessary mitigation where further geotechnical
investigations reveal that the soil and bedrock conditions below critical road
sections may lead to failure. Mitigation may include providing plans for
alternate temporary access. "Critical road sections" are those road sections
which if damaged by subsidence would eliminate access to lots within the
REC project.
d. If an agreement is reached with the Roaring Fork Conservancy to stabilize the
base of steep escarpments, a copy of such agreement or plan and, if required, a
copy of the easement between the Roaring Fork Conservancy and the owner
of the River Edge Colorado property, shall be provided to the County
Building and Planning Department as part of grading permit application.
e. An underdrain system shall be provided to protect below-grade construction
such as retaining walls, deep crawlspace and basement areas. The drain shall
be placed at each level of excavation and at least one foot below the lowest
adjacent finish grade.
f. Post reclamation (Phase 0) or post overlotlmass grading, as applicable, cut
depths for buildings, structures or roadways shall not exceed 15 feet and fills
should be limited to 1 0" in depth and not placed on steep downhill slope
areas. Permanent uuretained cut and fill slopes shall be graded at 2 horizontal
to 1 vertical or flatter and protected against erosion by revegetation or rock
nprap.
g. The grading plan shall consider runoff from uphill basins that drain through
the project and at individual sites and water shall not be permitted to pond
which could impact slope stability and foundations.
h. Infiltration shall be limited into the bearing soils next to buildings by required
exterior backfill to be well compacted and have a positive slope away from
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the building for a distance of at least 10 feet.
1. Roof downspouts and drains will be discharged a minimum often feet beyond
the limits of all backfill. Landscape irrigation shall be limited in accordance
with the provision of the irrigation system standards submitted with the PUD
Application to ensure water application rated to not generally exceed
evapotransporation rates.
J. A detailed pavement design shall be provided in conjunction with submittal of
each final plat to determine if fine-grained soils exist that need to be removed.
Where fill placement will occur as part of road construction activities in
association with any final plat as part of the subdivision improvements rather
than in advance of the final plat application as part of reclamation (Phase 0) or
overlot or mass grading activities, a geotechnical report shall be submitted to
the County Building and Planning Department for review prior to paving;
such report shall demonstrate that the fill will achieve the pavement design
objectives in the pavement design report submitted with the subject final plat.
k. The soils type results in a requirement for concrete exposed to on-site soils
contain Type I/11 portland cement (less than 5% tri-calcium aluminate).
9. Wildlife
The Applicant shall comply with the recommendations contained within the
reports of its consulting wildlife biologist and the Colorado Division of Wildlife,
including the following:
a. Lighting of open space areas, including indirect lighting and transient lighting
from roads and homes, is not recommended. Street lighting shall generally
conform to the lighting plan submitted as part of the PUD Application.
Lighting of open spaces except that required around building in accordance
with safety requirements is not permitted. Tall vegetation should be allowed
or supplementally planted 1 0' off of the roadsides in areas where headlights
from vehicles illuminate open space areas.
b. Fences along roads should not be permitted exclusive of the elk fence along
SH 82, cut and/or fill slopes along roads should be designed to facilitate
wildlife movement except where retaining walls are utilized; this includes
using native plant materials that mimic local native vegetation species and
distribution in general conformance with the landscape plan submitted with
the PUD Application.
c. Trails within REC and continuous open space areas shall be closed by the
Property Owners' Association (POA) during sensitive deer and elk winter
seasons. Dogs, outside of yards or dog parks, shall be on a leash year-round.
d. Wildlife friendly fences should be required in the Cattle Creek and Roaring
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Fork River corridors.
e. Open Space Tracts are used as winter range; therefore, reclamation will need
to occur using appropriate native plant species and vegetation profiles in
general conformance with the specifications in the Reclamation Plan and
landscape plans submitted with the PUD Application. Revegetation should
occur as soon as possible. Noxious weeds should be treated bi-annually to
minimize spread and impact on winter range.
f. Dog and cat restrictions should include limitation of one dog and/or cat per
unit (plus young up to 3 months); dogs must be leashed when outside of
fenced yards; loose or uncontrollable dogs and contractor dogs are prohibited.
g. Development of the REC project shall generally comply with the Erosion
Control and Sediment Control Plan submitted for the project, and as more
specifically detailed with each final plat, in order to reduce the likelihood of
pollutants and sediment from developed areas from reaching Cattle Creek and
the Roaring Fork River. Runoff should be filtered before running into the
river, or caught and used for irrigation purposes.
h. All utilities shall be buried.
1. Applicant shall adhere to the Roaring Fork Conservancy Grant of
Conservation Easement, recorded at Reception No. 559036 (Conservation
Easement), and shall work with Roaring Fork Conservancy to mitigate
impacts concerning trails, river access, and signage. Applicant shall forward
any concerns regarding compliance with the Conservation Easement to the
POA. Applicant intends that its obligations under the Conservation Easement
will be assigned to the PO A.
l 0. Access and Roadways
a. Prior to issuance of a grading permit or submittal of the first Final Plat,
whichever shall be submitted first, the Applicant shall submit a Crossing
License from the Colorado Public Utilities Commission (PUC), if required by
state law. If PUC review and approval of the crossing is not required the
Applicant shall provide reasonable evidence to that effect which is acceptable
to the Building and Planning Department.
b. Prior to issuance of a grading permit or submittal of the first Final Plat,
whichever shall be submitted first, the Applicant shall provide documentation
from Roaring Fork Transit Authority (RFTA) regarding the acceptance of
construction to grade separate the Rio Grande Trail in the vicinity of the
project entrance. If construction collateral is not required by RFTA then
collateral for this improvement shall be included in a County Improvements
Agreement.
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c. The REC alley design must include a design vehicle minimum of either an
emergency response vehicle or a garbage truck. At the time of this
Resolution, Applicant has satisfied this condition.
d. Applicant shall work with the County Attorney's Office to develop a
Memorandum of Understanding (MOU) regarding Applicant's offer to fund
and construct the improvements to the east side of the intersection at SH 82
and Cattle Creek, and to facilitate the involvement of the various parties
necessary to complete these improvements. Recognizing the significant
impact the REC development will have on SH 82, the MOU will incorporate
all improvements required by CDOT in order for Applicant to obtain a State
Highway Access Permit.
11. Water.
a. Prior to issuance of a grading permit or submittal of the first Final Plat,
whichever shall be submitted first, the Applicant shall provide a copy of the
signed District Court, Water Division 5 Decrees in Case No. 07CW164 and
Case No. 08CW198. At the time of this Resolution, Applicant has satisfied
this condition.
b. Prior to issuance of a grading permit or submittal of the first Final Plat,
whichever shall be submitted first, the Applicant shall provide a copy of the
executed pre-inclusion agreement related to the provision of water and
wastewater service to the River Edge Colorado development.
12. Final Plat Requirements
The Applicant shall comply with the following final plat requirements in addition
to those requirements contained within the ULUR:
a. The Applicant shall provide the following information as submittal
requirements with the first fmal plat application:
1. An Improvements Agreement;
u. Demonstration of formation of the POA;
iii. Draft deeds for conveyance of improvements, facilities or real property
from the Applicant to the POA;
iv. Covenants, Conditions and Restrictions (CCR's) applicable to the
development.
b. Plat notes, in addition to the standard notes, shall include the following:
Engineered foundations shall be required for all buildings within the
development. These foundation plans shall be stamped by an engineer
licensed in the State of Colorado or a letter stamped by a qualified
geotechnical engineer stating that no special foundation design is necessary.
13. The Applicant shall submit an appraisal with the first application for final plat in
the subdivision so that the amount of the fee-in-lieu payment of school land
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dedication for the subdivision can be calculated. Payment of the fee-in lieu will
be required prior to approval of the first fmal plat for the subdivision.
14. Prior to approval and recordation of the first final plat the Applicant shall be
required to comply with Resolution 2008-05 which sets forth the required
residential impact fee of $730.00 per unit for the Carbondale and Rural Fire
Protection District. Payment of this fee shall occur prior to approval of the first
final plat for the subdivision.
C. The Board hereby approves the waivers set forth in Recitals I.4 and I.S of this
Resolution.
D. The Board hereby approves the Phase 0 Improvement Agreement, attached hereto and
incorporated herein as Exhibit D.
Dated this I q-(!. day of U ec_-e.. VV> ~
-----~
ATTEST:
c of the Board
Upon motion duly made and seconded the foregoi
following vote:
John Martin
, A.D. 2011.
~M~i~k~e~S~am~s~on~-----------------------------------------'Aye
~T~om~J~ank~~ov~s~k~y _________________________________________ ,,Aye
STATE OF COLORADO
County of Garfield
)
)ss
)
I, , County Clerk and ex-officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
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certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners 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. 2011
County Clerk and ex-officio Clerk of the Board of County Commissioners
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LEGEND
GENERALIZED LAND USES
~ RESIOENTW. USE
OTHER CO~MUNII'I' SPACE USE 1
UTILITY USE
OPE!l SPACE USE
EN\IIRON~ENTAL FEATURES
EXIST_ SLOPES GREI<TEfl TIWI 21l'X
PROP. SLOPES GREATER Tflm 21l'X
GEOHAZARD BUmll AAEA
SLOPE INSTABilJIY AREA
EXIST. CONSERVAllON EASEMENT
HERON PROTECTlON ARE/I
HERON ACTMT'I NIE/1
20' CONSERVATION EASEMENT ACCESS CONTROL AREA
EXIST.\\EilJ/'lDS
EXIST. Fl.OODP~ UMITS
OTHER FEATURES OR PLAN INFORMATION
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PROP. BLOCK BOUNDARY
EXIST_ lL PROP_ EASE~EtlT LINE
EXIST. PROP£RI'I' UNI: (PROJECT LIMITS)
EXIST. PllllPERI'I' LINE
EXISJ. TOWNSHIP LINE
EXIST. SECTlON UNE
E~IST. ZONING BOUNDARY
E~IST_ COOT R-0-W MONU~ENT
EXIST. PROPERTY PIN, NO_ 5 REIWl & CAP (LS_ 2{llll)
EXIST. PROPtF!lY PIN, NO. S RESAA & CAP (LS. 2268() U.N.O.)
EXIST_ COUNTY SUIMYOR BRASS CAP
1 FOR CONVENIENCE AND EASE OF PRESEtlTAflON, flqGHJ-OF-W~Y IS SI-WlEO AS
O~ER COM~UNIJ'f SPACE USE, BUT SH/dl BE REGULATEil AS RIGHI-OF-WAY.
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Carbondale Investments, LLC
7999HWY82 Phone No:
970.456.5325
SURVEYOR:
C081623
8140 Partners, LLC
PO Box0426
Eagle, co 81631-0426
Phone No: 866.934.8140
www.8140partners.com
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8140 Partners, LLC
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Eagle, co 81631-0426
Phone No: 866.934.8140
www.8140partners.com
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Eagle, CO 81631-0426
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www.8140partners.com
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OWNER/DEVELOPER:
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7999 HWY82
Carbondale, CO 81623
Phone No:
970.456.5125
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8140 Parblers, LLC
PO BoxD426
Eagle, CO 81631-0426
Phone No: 866.934.8140
WNW.8140partners.eom
SURVEYOR:
LANDSCAPE ARCHITECT:
~
ZEHREN
A"D ASOOCIAHS, INC
rJt:ir:m-::::.-,_~,:;;;'.1:~
KEY MAP:
12/5/11 PUD PLAN-DECEMBER 5, 2011
ISSUE I DATE I
PROJECT NUMBER:
PROJECT MANAGER:
DRAWN BY:
CHECKED BY:
SHEET TITLE:
DESCRIPTION
10-001
S. OTERO
C. SNYDER
M. SAWYER
RIVER EDGE COLORADO
PUD PLAN
(6 OF 8)
SHEET NUMBER:
PUD03.04
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80.00' 43.62"
97.00' 88.18'
66.22' 14.94'
&.1.00' 52.04'
97.00' 80.4l'
97.00' 132.91'
66.22' 43.42'
06.22' 33.25'
66.22' 12.92"
27:2.00' 74.51'
121.00' 26.19'
42.22' 54.33'
121.00' 54.22'
272.00' 15.31'
121.00' 35.74'
326.00' ~~·
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153.00' 36_85'
121.00' 55.76'
15.100' 104.24'
60.00' 4.45'
60.00' 11.79'
49.50' 27.47'
60.00' 105.24'
153.00' 29.76'
60,00' 31.88'
60.00' 33.00'
122.(1Cl' 31.99'
60.00' 44.35'
60_00' 16_88'
121.00' 49.99'
40.20' 19_58'
42.22' 11.51'
121.00' 56.33'
42.22' 42.64'
105,07' 32.96'
268.00' 55.15'
105.D7' 2U8'
105.07' 27.02'
105.D7' 28.88'
105.07' 35.70'
105.07' 4.19'
102.55' 14.44'
102.55' 41.91'
102.55' 37.35'
102.55' .38.75'
187.83' 5.01'
102.55' 29.91'
187.83' 39.24'
187.83' 43.36'
57.05' 15.79'
10353' 20.34'
1871!3' 14.45'
57.05' 42.21'
57.05' 29.J.l'
57.05' 16.97'
57.05' 38.91'
253.00' 80.39'
103.53' 12.06'
57.05' 49.82'
253.00' 50.69'
253.00' 22.46'
163.83' 12.22'
19.53' 47.85'
163.83' 44.19'
16.183' 32.53'
80.84' 2.03'
322-00' 4803'
80.84' 45.47'
.m.oo· 53.42'
&.1.84' 24.14'
322.00' 60.19'
322.00' 50.40'
322.00' 51.70'
81.07' 3.7~
81.07' 54.68'
322.00' 1678'
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29"20'36" 17.34'
29"14"38" 17.28'
31"14"25" 22.37'
52'26'14" 47.77'
12'55'45" 7.50'
3T16'12" 26.98'
4T30'28" 41.69'
7lr30'21' 79.26'
37'34'04' 22.52'
28'46'05" 16.98'
1r10'49' 6.46'
15'41'46" 37.49'
12'41'13" 13.45'
7.l"4l'01" 31.66'
25'40'23' 27.57'
3'13'34' 7.66'
16'55'19" 18.00'
6'54'39' 19.81'
83'46'22' 7.62'
1.3"46'03" 16.52'
26'l4'04" 28.38'
39'02'10" 54.23'
4'15'00" 2.23'
11'15'32" 5.91'
J\'47'30' 14.10'
101T29'38" 72.14'
11'08'34" 14.92'
30'2o>43" 16.3:1'
31'}0'31" 16.93'
15.01'25" 16.09'
42'21'16' 23.25'
16'06'58" 6.49'
2.3"40'13' 25.36'
27'53'46' 9.99'
15'45'17" 5_R4'
26'40~7· 28.88'
5751'4-4" 23.34'
17'38'23" 16.62'
11'47'29" 27.67'
16'20'58" 15.09'
14'4-4'12" 13.59'
15'4-4'47" 14.53'
19'27'59" 16.02'
2'17'02" 2.00'
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23'24'55" 21.25'
20'52'09" 1B.89'
21'38'57' 19.61'
1'31'4T 2.51'
16"42'35" 15.06'
11'58'07" 19.69'
l.l"\3'56' 21.79'
15'51'40" 7.95'
11'15'27" 1010'
4'2('27' 7.23'
42'23'11" 22.12'
2'9'27'08' 15.00'
29'05'36' 14.80'
39'04-'46" 20.25'
18'12'2J" 40.54'
6'40'29" 6,04'
50'01'47" 26.62'
11'28'4!5" 25.43'
5'05'09' 11.24'
4'16'27' li.ll'
34'26'20' 24.67'
15'27'20" 22.23'
11'22':52" 16.32'
1'26'32" 1.02'
8'32'+1" 24.06'
32'13'33" 23.35'
9'30'22' 26.77'
1T05'37" 12.16'
10'42'35" 3(1.18'
8'58'03' 25.25'
9'11'59' 25.91'
2'.38'45" 1.87'
38'38'47" 28.43'
2'59'08" 8.19'
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33.55'
33.44'
43.08'
115.71'
14.91'
51.1J'
78.15'
122.76'
42.65'
32.90'
12.90'
74.28'
26.74'
50.66'
53.77'
15.31'
35.51'
39.54'
11.35'
36.76'
55.26'
102-2•"
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11.71'
27.12'
92.26'
29.71'
31.51'
3:!.58'
31.90'
H.35'
16.82'
49.63'
19 . .38'
11.57'
5~82'
40.85'
32.82'
55.06'
29.88'
26.95'
28.79'
35.53'
4.19'
14.4:1'
41.62'
37.15'
38.52'
5.01'
29.80'
39.16'
43.28'
15.74'
20..'!1'
14.44'
41.25'
29.01'
26.66'
38.16'
80.06'
12.05'
48.25'
50.61'
22.45'
12.22'
47.13'
44.06'
32.47'
2.03'
47.96'
44.87'
53.36'
24.05'
60.10'
50.35'
51.65'
3.74'
53.65'
16.78'
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SURVEYOR:
KEY
COLORADO
, Investments
"
8140 Partners, LLC
PO Bo;~~0426
Eagle, co 81631.0426
Phone No: 866.934,8140
www.8140partners.com
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RIVER EDGE COLORADO
PUD PLAN
TRACTS AD, AJ, AK, BC, BM
(7 OF 8)
PUD04.01
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Receptionij: 812357
12/22/2011 11:26:48 RM Jean Alberico
21 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBITB
1111 W.!.I'ZIP".!.~,I~,'r~~·IIRI'II\l ~~!Jilt Llll1.~~~ IIIII
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COLORADO
PUD DEVELOPMENT GUIDE
RIVER EDGE COLORADO
GARFIELD COUNTY, COLORADO
OWNER/APPLICANT:
CARBONDAlE INVESTMENTS, llC
7999 HWY 82
CARBONDAlE CO 81623
970-456-5325
CONSUlTANT:
8140 PARTNERS, llC
PO BOX 0426
EAGlE, CO 81631
DECEMBER 5, 2011
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
PUD DEVELOPMENT GUIDE
RIVER EDGE COLORADO
GARFIELD COUNTY, COLORADO
TABLE OF CONTENTS
I. PURPOSE AND INTENT ............................................................... .4
A. PURPOSE .............................................................................................. 4
B. INTENT ................................................................................................. 4
C. RELATED CONTROLS .............................................................................. 4
D. NOTICE TO BUYERS ................................................................................ 5
II. ADMINISTRATION ....................................................................... 5
A. INTERPRETATION ................................................................................... 5
B. RELATIONSHIPS TO OTHER REGULATIONS ............................................... 5
1. LAND USE AND OTHER COUNTY REGULATIONS ........................................ 5
2. BUILDING PERMITS .................................................................................... 5
C. REVIEW AND APPROVAL OF FILINGS/AMENDMENTS ............................... 6
1. REVIEW AND APPROVAL OF SUBDIVISION FILINGS {FINAL PLATS) ............ 6
2. AMENDMENTS TO THE APPROVED PUD ................................................... 6
D. ENFORCEMENT.. .................................................................................... 7
E. SEVERABILITY ........................................................................................ 7
Ill. ZONING DESIGNATIONS ............................................................... ?
A. ZONING CATEGORIES AND ZONING DESIGNATIONS ................................. 7
1. RESIDENTIAL USE ZONING CATEGORY ....................................................... 8
2. COMMUNITY SPACE ZONING CATEGORY .................................................. 8
3. RIGHT-OF-WAY (TRACTS) ZONING CATEGORY ........................................... 8
4. UTILITY (TRACTS) ZONING CATEGORY ....................................................... 8
IV. DEVELOPMENT STANDARDS ......................................................... 9
A. ALLOWED USES ..................................................................................... 9
1. USE OF PLATIED LOTSANDTRACTS .......................................................... 9
2. USE OF UNPLATIED GROUND ................................................................... 9
3. TWO-UNIT DWELLINGS ............................................................................. 9
4. ACCESSORY USES ..................................................................................... 10
5. INTERPRETATION OF PERMITIED USES ................................................... 10
2
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24 of 127 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
B. DIMENSIONAL AND GENERAl DEVELOPMENT STANDARDS .................... 10
1. DIMENSIONALSTANDARDS ..................................................................... 10
2. DEVELOPMENT STANDARDS .................................................................... 10
3. lANDSCAPE STANDARDS ......................................................................... 15
4. STORMWATER .......................................................................................... 16
C. SPECIFIC USE, FACILITY AND ACTIVITY STANDARDS ............................... 16
1. ACCESSORY USES ..................................................................................... 16
2. ANIMAL RESTRICTION ............................................................................. 16
3. DAY CARE AND GROUP HOMES ..•...................•........................................ 16
4. ROAD AND TRAil DESIGN STANDARDS .................................................... 16
5. SIGNAGE .................................................................................................. 17
6. FIREPLACES .............................................................................................. 18
7. NOISE ....................................................................................................... 19
8. UTILITIES DISTRIBUTION AND COllECTION SYSTEMS UNDERGROUND .19
9. UTILITY FACILITIES ...........................•...........................................•........... 19
10. TRASH STORAGE AND PICK-UP ................................................................ 20
11. HOME OCCUPATIONS ...........................•.................................................. 20
12. CONSTRUCTION ACTIVITIES AND PlANS, USES AND STANDARDS .......... 20
V. ENVIRONMENTAl HAZARDS AND RESOURCES ....•..............•........... 23
A. GEOHAZARD AREAS ............................................................................. 23
B. SlOPE INSTABILITY AREA ..................................................................... 23
C. HERON ACTIVITY AREA ........................................................................ 23
D. FlOODPlAINS ...................................................................................... 24
E. WETLANDS .......................................................................................... 24
VI. DEFINITIONS ......................•.............•...........................•.••........ 24
A. WORD CONVENTIONS .......................................................................... 24
B. SPECIFIC DEFINITIONS ......................................................................... 25
APPENDICES
APPENDIX A: ZONING, USE, DIMENSIONAL STANDARDS TABLES
APPENDIX B: ROAD STANDARDS
APPENDIX C: PHASING PLAN
3
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I. PURPOSE AND INTENT
A. PURPOSE
PUD Development Guide
River Edge Colorado, Garfield Couhty, Colorado
The purpose of this River Edge Colorado Planned Unit Development Guide ("PUD
Guide") is to establish development standards, supplemental regulations, and guidelines
for the development of land within the River Edge Colorado Planned Unit Development
(the "REC PUD", "PUD" or "Project"). This PUD Guide was approved by the Board of
County Commissioners ("BoCC"), Garfield County, Colorado on December 5, 2011
pursuant to Resolution No. 2011-_ ("Resolution of Approval").
The provisions of this PUD Guide constitute the zone district regulations for the REC PUD
and define the permitted use of land and limitations or restrictions on the use of real
property. All development within the PUD shall be administered by Garfield County,
River Edge Colorado Property Owners' Association, Inc. (''POA") and any other
appropriate authorities having jurisdiction in accordance with this PUD Guide.
This PUD Guide is supported by the River Edge Colorado PUD Plan (the "PUD Plan")
which is recorded in the official records of Garfield County. The PUD Plan illustrates the
general distribution of land uses, unit types and ·counts, and development framework
within the PUD.
B. INTENT
This PUD Guide and the PUD Plan intend to ensure that the REC PUD is developed as a
comprehensive planned community that will encompass such beneficial features as
providing a balance of residential, community and recreational uses; preserving
significant and important open space; enhancing safety; providing necessary
infrastructure; creating aesthetically pleasing man-made and natural features; and
promoting high standards of development quality through stringent planning and
development controls. The REC PUD is intended to establish a comfortable "clustered"
form of residential environment reflected in the proposed planning standards and
development styles, and to produce an environment which manages automobiles and
maintains a scale and set of linkages that promote pedestrian travel and human
interaction in community spaces within the PUD. The mixture of housing types is
designed to meet the range of housing needs of current and future Garfield County
residents. The REC PUD authorizes a maximum of 366 dwelling units and up to 30,000
square feet of community buildings including utility and maintenance facilities.
C. RELATED CONTROLS
It is acknowledged that the REC PUD is also governed by the Declaration of Covenants,
Conditions and Restrictions for River Edge Colorado (the "CCRS") recorded in the official
records of Garfield County in association with the first Final Plat, as they may be
amended from time to time by the POA; and the River Edge Colorado Design Guidelines
(the "Design Guidelines") administered by the Architectural Control Board of the POA
(the "ACB"). The REC PUD is further governed by the REC PUD Development Agreement
approved by the BoCC on December 5, 2011 and the Resolution of Approval and all
other associated documents made a part of said Resolution of Approval. The CCRS,
4
Ill\ W.~ol':t.1 r".~o~.~~ll\'lt~:JI\IIN,!li\I,!W,\~ ~·~ IIIII
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26 of 127 Rec ee: "'·"'"' · · PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Design Guidelines, Development Agreement, Resolution of Approval and all other
documents made a part of said Resolution of Approval, and all subsequently filed Final
Plats are collectively referred to herein as the "Project Documents".
D. NOTICE TO BUYERS
Buyers of lots or parcels within the boundaries of the REC PUD should be aware that
requirements more restrictive than those contained in this PUD Guide may be imposed
as a result of other Project Documents such as the CCRS or Final Plats that are recorded
separately, concurrently or subsequently to this PUD Guide. The most current Project
Documents should be consulted prior to formalizing development plans for construction
within the PUD or instituting a use on any lot or tract.
II. ADMINISTRATION
A. INTERPRETATION
The provisions of this PUD Guide and associated PUD Plan relating to the use of land and
development of property within the REC PUD shall be interpreted by the Director.
B. RELATIONSHIPS TO OTHER REGULATIONS
1. LAND USE AND OTHER COUNTY REGULATIONS
The PUD Guide is intended to address all land use and development standards
of specific interest to Garfield County and to meet the intent of the regulatory
standards contained in the ULUR which promote the Garfield Comprehensive
Plan 2030 and the health, safety and general welfare of the public. This PUD
Guide, PUD Plan and the Project Documents are intended to serve as the
comprehensive regulatory framework for the REC PUD. The ULUR shall be
applicable to any conditions not provided for by the PUD Guide, PUD Plan or the
Project Documents as if the property were zoned Residential Suburban (RS).
Where a provision of the ULUR conflicts or the application of the ULUR would
result in a creating a conflict with any provision of the PUD Guide, PUD Plan or
the Project Documents, the later documents shall control. All other applicable
County regulations such as building codes and environmental health regulations
shall apply to activities within the REC PUD.
The PUD Guide references the CCRS and Design Guidelines for the REC PUD in
several places to provide clarity that a subject or regulatory standard has been
addressed as part of the REC PUD. Where the CCRS and Design Guidelines for
the REC PUD have been identified as controlling by this PUD Guide, the
provisions of the ULUR shall not apply where said provisions would conflict with
the CCRS or Design Guidelines.
Z. BUILDING PERMITS
Building permits shall be obtained from Garfield County in accordance with
County requirements for the construction of any buildings or structures within
the REC PUD or any other actions subject to the Building Code requirements.
5
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PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Building plans for all buildings and structures constructed within the REC PUD
shall conform to this PUD Guide, PUD Plan or the Project Documents.
No building permit shall be issued within any area of the REC PUD for which a
Final Plat has not been approved by the BoCC and recorded in the Office of the
Garfield County Clerk and Recorder unless the proposed use requiring such
building permit is otherwise specifically permitted for by this PUD Guide on
unplatted land including pre-development site grading, reclamation,
landscaping, utilities, and temporary construction uses.
C. REVIEW AND APPROVAL OF FILINGS/AMENDMENTS
l. REVIEW AND APPROVAL OF SUBDIVISION FILINGS (FINAL PLATS)
The PUD Plan identifies the boundaries of eleven filings in the REC PUD which
filings were approved concurrent with the approval of this PUD Guide and the
associated PUD Plan. Each phase of the REC PUD is required to submit specific
subdivision plans (i.e., Final Plat Application) to Garfield County for review and
approval as provided for by the ULUR. Final Plats shall conform to the PUD
Guide, PUD Plan or the Project Documents
Appendix C Phasing Plan summarizes the order and timing of the development
activities within the REC PUD including the pre-development activities (Phase 0),
each Final Plat and the required Prerequisite Improvements (i.e., those
improvements required to be installed prior to Final Plat or secured and
completed as part of each identified Filing), Offsite Improvements (i.e., those
improvements located outside the Filing required to be secured and completed
as part of each identified Filing), and Onsite Improvements (i.e., those
improvements located within the Filing required to to be secured and
completed as part of each identified Filing). The Schedule of Platting identified
in Table 5 ofthe Phasing Plan represents an estimate of years that the Final Plat
for each Filing will be filed with the County and shall not be binding. Vesting
including the timing of certain actions is controlled by the REC PUD
Development Agreement.
Certain improvements identified on the Phasing Plan will be completed in
coordination with the agencies or entities which will accept ownership and
maintenance of said improvements ("Third Party Improvements"). Third Party
Improvements may be completed in advance of the Phasing identified in the
Phasing Plan at the discretion of the agency or entity who will take ownership of
said Third Party Improvements. The exclusion of Third Party Improvements from
the requirements to conform to the Phasing Plan shall not exempt the agency or
entity from obtaining all necessary permits and approvals including any required
County permits and approvals.
2. AMENDMENTS TO THE APPROVED PUD
It is anticipated that modifications or amendments to this PUD Guide, PUD Plan,
and Project Documents may be necessary from time to time as development of
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the PUD progresses. Amendments to the PUD Guide, PUD Plan or the Project
Documents shall be processed in accordance with the ULUR.
D. ENFORCEMENT
Garfield County shall have responsibility for interpreting and enforcing this PUD Guide.
Nothing in this PUD Guide, however, shall be interpreted to require the BoCC to bring an
action for enforcement or to withhold permits, nor shall this paragraph or any other
provision of this PUD Guide be interpreted to permit the purchaser of a lot to file an
action against the BoCC.
Although the CCRS and Design Guidelines for the REC PUD are mentioned in several
places in this PUD Guide, Garfield County has no responsibility to enforce the provisions
of the CCRS or Design Guidelines.
E. SEVERABILITY
If any provision of this PUD Guide, PUD Plan and Project Documents, or its application to
any person, entity or circumstance, is specifically held to be invalid or unenforceable by
a Court of competent jurisdiction, the remainder of this PUD Guide, PUD Plan and
Project Documents and the application of the provisions thereof to other persons,
entities or circumstances shall not be affected thereby and, to that end, this PUD Guide,
PUD Plan and Project Documents shall continue to be enforced to the greatest extent
possible consistent with law and the public interest. Upon such a finding, this PUD Guide
and associated documents shall be modified as necessary to maintain the original intent
of the REC PUD.
Ill. ZONING DESIGNATIONS
All lots and tracts have been identified within a certain Zoning Category and Zoning
District on the PUD Plan. The lot and tract zoning designation tables [Table 2A and 2B of
the PUD Plan (Page 2 of 8) and Table 1 and 2 (Appendix A)] identify the Zoning Category
and Zoning District designations of all lots and tracts within the REC PUD. The use and
development of all lots and tracts shall be controlled by their designation.
It is recognized that the lot and tract boundary lines depicted on the PUD Plan are
approximate and based on preliminary engineering and are not field surveyed. As a
result, lot and tract boundary lines may be changed from those depicted on the PUD
Plan at the time of Final Plat.
A. ZONING CATEGORIES AND ZONING DESIGNATIONS
The lots and tracts within the REC PUD are designated into one of four Zoning
Categories and one of several Zoning District designations within each Zoning Category.
Zoning Categories represent broad use types and include Residential, Community Space,
Right-of-Way, and Utility Use Categories. Zoning District designations represent more
limited or restricted zoning classifications given to each lot or tract within the PUD. The
Zoning District designation of each lot or tract provides more specific regulatory
requirements under this PUD Guide.
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The following Zoning Categories and Zoning Districts are established by this PUD Guide.
1. RESIDENTIAL USE ZONING CATEGORY
The Residential Use Zoning Category includes all Zoning District designation that
provide for various forms of residential use within the REC PUD. The Residential
Zoning Districts established by this PUD Guide include:
• Attached Home (Lots) Residential Zoning District
• Estate (Lots) Residential Zoning District
• Executive (Lots) Residential Zoning District
• Garden Home (Lots) Residential Zoning District
• Town (Lots) Residential Zoning District
• Village (Lots) Residential Zoning District
2. COMMUNITY SPACE ZONING CATEGORY
The Community Spaces Zoning Category includes all Zoning District designations
that provided for community activities and community outdoor spaces and
amenities within the REC PUD. The Community Space Zoning Districts
established by this PUD Guide include:
• Common Area (Tracts) Zoning District
• Garden/Orchard (Tracts) Zoning District
• Neighborhood Center (Tracts) Zoning District
• Open Space (Tracts) Zoning District
• Park (Tracts) Zoning District
3. RIGHT-OF-WAY (TRACTS) ZONING CATEGORY
The Right-of-Way (Tracts) Zoning Category includes the Zoning District
designations that provide for legal vehicular and pedestrian ingress and egress
to all lots and tracts within the Project and, in concert with utility and drainage
easements, provide corridors for utilities to service the REC PUD. The Right-of-
Way (tracts) Zoning District is included within this Zoning Category.
4. UTILITY (TRACTS) ZONING CATEGORY
The Utility (Tracts) Zoning Category includes all Zoning District designations
created to provide for any required major utility facilities such as water
treatment plants and maintenance facilities that might be necessary to serve
the REC PUD. The Utility Zoning Districts established by this PUD Guide include:
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• Irrigation and Maintenance (Tracts) Zoning District
• Water and Wastewater (Tracts) Zoning District
IV. DEVELOPMENT STANDARDS
A. ALLOWED USES
1. USE OF PLATTED LOTS AND TRACTS
The Use Table [Table 3 (Appendix A)] establishes the uses permitted by right as
a principal use. The table further identifies certain accessory uses which are
permitted by right and Administrative Review or Limited Impact Review
pursuant to the ULUR.
Uses that are not specifically identified in the Use Table [Table 3 (Appendix A)]
shall be considered to be uses that are .not permitted, except that any use that
is not specifically identified but is included within or consistent with the
definition of any uses permitted by right, and similar to or compatible with
other uses permitted by right within a Zoning District, shall also be permitted as
a use by right.
Only one principal use shall be located on a lot. However, there shall be no limit
on the number of principal uses that may occur within any tract within the REC
PUD provided said uses and structures conform to the dimensional,
development and performance standards in this PUD Guide.
2. USE OF UNPLATTED GROUND
Unplatted ground may be used for horticultural, utility, stormwater, access
purposes as well as any temporary construction uses approved in association
with a Final Plat pursuant to Section IV.C.12 of this PUD Guide or as part of the
Grading Plans for Phase 0. All uses of unplatted ground shall convert to
permitted uses as soon as practicable following platting. Horticultural uses may
be permitted to be maintained until the existing crop is harvested for use within
the REC PUD or as may be otherwise approved as part of the construction plans
associated with any Final Plat
3. TWO-UNIT DWELLINGS
Two-unit dwellings are permitted on certain lots within the Attached Home and
Garden Home Zoning Districts as identified on the PUD Plan with lot
designations of "A" and "B". In all cases, lots utilized for two-unit dwellings shall
be split into two lots following construction and prior to occupancy in
accordance with the amended plat provisions of the ULUR. A party wall
agreement shall also be filed with said amended plat. Two-unit dwellings shall
not be permitted to be occupied unless each unit is located on a separate lot
created by amended plat and a party wall agreement has been filed for
recording. Lots designated as "A" and "B" on the PUD Plan may be platted at
time of Final Plat but the principal use shall be limited to One-Unit Dwellings.
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4. ACCESSORY USES
Accessory uses shall be permitted in association with any principal use in
accordance with the ULUR.
5. INTERPRETATION OF PERMITTED USES
In the event of any question as to the appropriate use type of any existing or
proposed use or activity, the Director shall have the authority to determine the
appropriate use type. In making such determination, the Director shall consider
such characteristics or specific requirements of the use in common with those
uses permitted by right. A determination of the Director may be appealed
following the procedures established by the ULUR.
B. DIMENSIONAL AND GENERAL DEVELOPMENT STANDARDS
The following dimensional and general development standards shall apply to all lands
within the REC PUD.
1. DIMENSIONAL STANDARDS
a) General Dimensional Standards
Table 4 (Appendix A) details the dimensional standards applicable to all
zoning districts within the REC PUD. All development within the REC PUD
shall conform to the dimensional standards specified herein. Development
is further subject to additional building location and dimensional standards
as provided for in the CCRS. Conformance with the dimensional standards
herein contained does not guarantee conformance with the CCRS.
b) Encroachments
Front porches shall be permitted to encroach up to eight (8) feet into the
front yard or side street yard. Bay windows and other architectural
projections shall be permitted to encroach up to three (3) feet into the front
yard or side street yard. No encroachment shall be permitted to encroach
within or interfere with any drainage or utility easement.
c) Garden Home Front and Rear Setbacks
The front setback for Garden Homes is measures from the exterior
boundary line of the Garden Home Tracts which is generally opposite the lot
line (rear lot line) between the lot and Right-of-WayTract containing the
Garden Home Tract access road.
2. DEVELOPMENT STANDARDS
All development within the REC PUD shall conform to the development
standards specified herein. Development is further subject to additional
development standards as provided for in the CCRS. Conformance with the
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development standards herein contained does not guarantee conformance with
the CCRS.
a) General Development Standards
(1) Lighting
All exterior lighting shall be full cutoff or cutoff design so the light
source is not visible by adjacent property owners or lands upon any
adjacent Community Space Tracts. Direct source lighting is not
permitted (i.e., the actual light bulb is visible). See also specific
standards by Zoning Category or District.
(2) Fences
Wood rail fences are permitted on rear/side lot lines of residential
lots to provide delineation of private space. Fences in front yards
are prohibited.
Wood rail fences may also be permitted by the POA in Community
Space Tracts to provide for protection of playgrounds and key or
important features or to enhance safety. Fencing shall be placed in a
manner that does not interfere with the ability of wildlife to cross
roads and move between Open Space Tracts. Fencing along roads
shall be prohibited unless necessary for safety.
Fences shall not exceed 4 feet in height.
(3) Drainage
Positive drainage shall be maintained from all buildings. Lots shall
be drained utilizing the designated drainage and utility easements.
No lot owner shall take any action which aversely impacts the ability
to utilize any drainage or utility easement located on their lot for its
intended use.
(4) Foundation Drains
Foundation drains shall be required for all deep foundations except
foundations which are slab-on-grade. Foundation drains shall be
drained to the designated stormwater channel or storm sewer
identified on the Final Plat.
(5) Landscaping and Reclamation
Landscaping shall be controlled by the CCRS and Design Guidelines.
Disturbed soils shall be landscaped as soon as practical upon
completion of construction. BMPs shall be maintained until such
time as landscaping is established and ensures the retention of soils
during rainfall events.
(6) Clear Vision Triangle
No building or structure shall be located within a clear vision
triangle.
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(7) Hazard Mitigation
All development shall conform to the Hazard Mitigation Plan filed
with the Final Plat and any plat notes.
b) Zoning Category/District Specific Development Standards
All development shall conform to the following development standards.
Where both Zoning Category and Zoning District standards are provided, the
Zoning District standards shall control in the case of a conflict.
(1) Residential Zoning Category
(a} Driveways
Driveways within the front yard shall be no wider than 10
feet. No driveway shall be permitted within the front yard
on any lot which has access to an alley or internal access
drive (i.e., Garden Home Lots). All lots shall only be
permitted one driveway access to a Right-of-Way Tract.
{b} Lighting
No fixture shall be placed more than 10 feet above the
surface it is intended to light.
(c) Parking Areas
A minimum of 2 off-street parking spaces shall be provided
for each dwelling unit. The minimum dimensions for each
off-street parking space are 9 feet by 18 feet. All off-street
parking spaces shall be surfaced in asphalt or concrete.
(Z) Neighborhood Center Zoning District
(a} Parking and Drives
One off-street parking space shall be provided for every 400
square feet of indoor floor area. Minimum dimensions for
each off-street parking space are 9 feet by 20 feet. Parking
accessibility including the ratio of required accessible
parking spaces shall conform to ULUR. Paved surfaces shall
be striped to demarcate the parking spaces.
Parking areas, loading areas, aisles, and access drives shall
be paved with asphalt, concrete, or paving blocks adequate
to support the intended traffic loads. Parking and drive
surfaces shall be graded, with a minimum grade of 2% for
asphalt, 1% for concrete, and 2% for paving blocks, or as
otherwise determined by a Colorado Registered
Professional Engineer.
Two-way drives accessing the parking areas and building
shall be a minimum of 20 feet wide. Turning radii of all
drives servicing the buildings shall conform to ULUR except
that such radii may include providing hard surface tracking
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aprons and mountable curbs as well as require the use of
both travel lanes.
Parking area landscaping shall be controlled by the CCRS
and Design Guidelines which landscape plans may be
reviewed at the discretion of the County at time of building
permit.
{b) Lighting
Light sources shall not exceed 15 feet in height.
(3) Utility Zoning Category
(a) Parking and Drives
One off-street parking space shall be provided for every
2000 square feet of indoor floor area. Parking and Drives
shall conform to Section IV.B.2.b(2)(a) of this PUD Guide in
all other respects.
{b) Lighting
Light sources shall not exceed 15 feet in height.
(4) Open Space Zoning District
(a) Buildings Limited
Buildings are limited to buildings associated with utility
placements including the Glenwood Ditch. Buildings shall be
limited in size to 100 square feet each.
{b) Roads
Roads are limited to utility maintenance roads. Roads shall
be designed as. two-track roads or utilize "grass" pavers
adequate to support the required apparatus. Roads shall be
limited to the maximum extent practicable and landscaped
to limit the road's visual impact. Roads may be designed
where appropriate as soft trails.
(c) Parking and Drives
Parking shall be prohibited in Open Space Tracts except in
association with utility and open space maintenance and
construction.
{d) Lighting
Exterior lighting shall be prohibited in Open Space Tracts
except as necessary to meet Federal and State regulatory
standards in association with the placement of any utility
facilities but shall be applied in a manner that limits the
amount lighting and light spill from the areas required to be
lit to the maximum extent practicable.
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(5) Common Area Zoning District
(a) Buildings Limited
Buildings are limited to buildings associated with utility
placem.ents including the Glenwood Ditch; small open-air
recreational structures such as pavilions; and restrooms less
than 1000 sq feet each. No utility building shall exceed 100
square feet.
(b) Roads
Roads are limited to utility roads. Roads shall be designed as
two track road or with "grass" pavers adequate to support
the required apparatus, but shall be limited to the
maximum extent practicable and landscaped to limit their
visual impact.
(c) Parking and Drives
On-street parking is generally considered adequate to serve
any potential Common Area Tract uses. No designated
parking spaces shall be permitted. Parking required for
utility facilities shall occur on maintenance roads.
(d) Lighting
No exterior lighting shall be permitted except ballard trail
head lighting or security lighting determined to be
necessary by the POA. Any lighting shall be full cutoff,
cutoff, or semi-cutoff fixtures, as may be most appropriate
for the intended purpose. Additionally lighting, as may be
required to meet State or Federal regulatory standards in
association with a utility facility, shall be permitted, but
shall be applied in a manner that limits the amount lighting
and light spill from the areas required to be lit to the
maximum extent practicable.
(6) Garden/Orchard Zoning District
(a) General Development Standards
Garden and Orchard Tracts shall meet the same
development standards as Common Area Tracts.
(b) Wildlife Controls
Seasonal wildlife proof fences shall be used to protect active
garden and orchard areas from bears and other wildlife.
Com posting shall only occur in bear-proof containers.
(7) Right-of-Way Zoning District
(a) General Development Standards
Streets shall be designed and constructed in accordance
with the approved Final Plat and the road standards herein
contained (Appendix B). All Right-of-Way Tracts shall be
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maintained in a manner that facilitates access to lots and
tracts and provides for adequate emergency ingress and
egress.
Landscaping shall be controlled by the CCRS and Design
Guidelines which landscape plans may be reviewed at the
discretion of the County at time of Final Plat.
(b) Lighting Standards
Lighting shall meet the requirements of the Lighting Plan
approved as part of the Final Plat.
3. LANDSCAPE SfANDARDS
a) Landscaping Required
All land within the REC PUD shall be landscaped in accordance with this PUD
Guide, the CCRS, and Design Guidelines. The. County shall have no obligation
to enforce the provisions of the CCRS or Design Guidelines with respect to
landscaping. Landscaping shall be installed as soon as practicable after the
land is disturbed and construction has been completed which shall generally
be presumed to be no longer than 30 days following completion of
construction when construction is completed during the growing season
(i.e., May 1-0ctober 1) or June 1 of the following year unless otherwise
approved. As long as soil is in a non-vegetated state or in a disturbed
condition, erosion and sediment control measures shall be maintained in
accordance with Section IV.B.4 of this PUD Guide.
All plant materials must be kept in a healthy condition. Dead plants must be
removed and replaced as soon as practicable which shall generally be
presumed to be the spring of the next growing season. Landscaping must
include a properly functioning automated sprinkler and/or drip irrigation
system, with individual zones for non-turf areas.
b) General Landscape Standards
All landscaping shall conform to the following general landscape standards.
(1) Fire Hydrants and Utilities
Landscaping shall not obstruct fire hydrants or utility boxes. Trees
and shrubs shall not be planted within 4 feet of existing overhead or
underground lines.
(2) Clear Vision Triangle
Landscaping shall be planted and maintained in a manner that does
not impact site distances at street and alley/court intersections. A
clear vision triangle shall be maintained at all street and alley/court
intersections. No shrubs greater than 30 inches high shall be
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planted within a clear vision triangle. Trees within a clear vision area
shall be pruned of branches lower than 8 feet above the ground.
(3) Parking and Storage Prohibited
Areas required as landscaping shall not be used for parking, outdoor
storage and similar uses, but may be used for snow storage
provided drainage and potential pollutants are managed so as not
to impact stormwater water quality or flood adjacent properties.
4. STORMWATER
All construction and construction sites shall conform to the requirements of the
Colorado Water Quality Control Act and Clean Water Act. Owners are
responsible for ensuring that their property conforms with these requirements
at all times and that required COPS Permits are obtained. Regardless of whether
or not a CDPS Permit is required for any proposed construction or on any
construction site, appropriate BMPs shall be maintained at all times and storm
drainage facilities including ditches, storm drains, drainage easements, roads
and sidewalks, and streams, rivers and ponds shall be maintained free of
sediment or other pollutant discharges. Any owner discharging sediment or
other pollutants to any storm drainage facilities shall be responsible for any
damage caused by such discharge and shall be responsible for clean up.
C. SPECIFIC USE, FACILITY AND ACTIVITY STANDARDS
1. ACCESSORY USES
Accessory uses are permitted in association with all principal uses. Accessory
uses shall not be sited prior to the principal use and shall be clearly secondary to
the principal use in scale.
2. ANIMAL RESTRICTION
Animals are permitted on residential lots subject to Garfield County regulations,
with the exception that the keeping of horses, other livestock, or poultry which
is prohibited.
3. DAY CARE AND GROUP HOMES
Day care and group homes shall conform to the requirements of and be subject
to review under the ULUR as provided for by Section II.B.l of this PUD Guide.
4. ROAD AND TRAIL DESIGN STANDARDS
a) Roads
Roads shall be designed and constructed in accordance with the standards
in Appendix B. Pavement design shall be in accordance with the
recommendations of a geotechnical engineer at time of Final Plat.
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b) Pedestrian and Trail System
A sidewalk system with 5 foot wide sidewalks on both sides of every street
within the REC PUD with the exception of alleys and courts shall be designed
and constructed in association with each Final Plat. This system shall be
100% ADA compliant and provide access to all the major amenities of the
community.
A soft trail system interconnects with the sidewalk system and forms an
approximate 1.5 mile secondary pedestrian network connecting the various
. residential areas to each other and to the open space and recreation areas
shall be designed and constructed in association with each Final Plat.
The soft trail shall be constructed to meet the following criteria:
• 4' wide, compacted decomposed granite surface within 4"
minimum depth, sealed, over a weed barrier fabric and
compacted sub-grade.
• 8' wide easement for each path segment which can overlap
with utility easements.
• Up to 8% gradients but not fully ADA compliant, with stairs
and segments greater than 8%.
5. SIGNAGE
All signage shall conform to the requirements of the ULUR as provided for by
Section ILB.1 of this PUD Guide except that the following signage shall be
additionally permitted.
a) Community Identification, Wayfinding and Educational Signs
Community identification, wayfinding and educational signs shall be
permitted in accordance with the following standards. Community
Identification and Garden Home Identification Signs shall obtain a sign
permit from Garfield County in accordance with Article XI of the ULUR.
Wayfinding and educational signs placed by the POA shall be exempt from
obtaining a sign permit from Garfield County.
(1) Community Identification Sign-Tract AY
Tract AY shall be permitted one ground-mounted
development/subdivision identification sign which shall not exceed
100 square feet in area and 8 feet in height. The sign shall be
setback a minimum of 10 feet from all lot/tract lines. The placement
and design of the sign and any associated plantings shall meet COOT
criteria for the clear vision triangle. The sign shall further comply
with the requirements of the RFTA Open Space Easement recorded
in Book 1143 at Page 1 and amended in Book 1217 at Page 593. The
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sign may be unlighted or lighted in one of the following ways: (a)
backlit utilizing individual back lit letters or logos which are
silhouetted against a softly illuminated wall; (b) utilized individual
letters with translucent faces, containing soft lighting elements
inside each letter; (c) metal-faced box signs with cut-out letters and
soft-glow fluorescent tubes; or (d) sign face lighted with shielded
downcast lights. The signs shall be illuminated only with steady,
stationary, shielded light sources directed solely onto the sign
without causing glare. light bulbs or lighting tubes used for
illuminating a sign shall not be visible from adjacent street or
residential properties. The intensity of sign lighting shall not exceed
that necessary to illuminate and make legible a sign from the
adjacent travel way; and the illumination of a sign shall not be
obtrusive to the surrounding area.
(2) Community Identification Sign-Community Space Tracts
One ground-mounted community identification sign shall be
permitted on each street frontage of any Community Space Tract.
No community identification sign except that permitted on Tract AY
and Tract AA shall exceed 30 square feet in area and 5 feet in
height. The ground-mounted community identification signs located
on Tract AA may be enlarged to 50 square feet to include tenant
information. Ground-mounted community identification signs may
be unlighted or meet the lighting standards for Community
Identification Signs in Tract AY.
(3) Garden Community Identification Sign-Garden Home Tracts
One ground-mounted garden home tract identification sign shall be
permitted at each entry to any Garden Home Tract. No· garden
home tract identification sign shall exceed 30 square feet in area
and 5 feet in height. Ground-mounted signs may be unlighted or
meet the lighting standards for Community Identification Signs in
Tract AY. The ground-mounted garden home tract identification
sign, if utilized, shall include the range of addresses included within
the Garden Home Tract.
(4) Wayfinding and Educational Signs
6. FIREPLACES
Unlighted wayfinding and educational signs may be located on any
Community Space Tract. Signs shall be no taller than 8 feet and have
a sign area of no more than 10 square feet.
Open hearth, solid-fuel fireplaces shall be prohibited. Natural gas and any solid-
fuel burning stove (defined by C.R.S. 25-7-401 et. seq.) shall be permitted.
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PUD Development Guide
River Edge Colorado, Garfield County, Colorado
7. NOISE
Noise shall not exceed applicable State noise standards. Additional applicable
noise standards shall be applicable to all utility facilities and temporary
construction and development activities.
8. UTILITIES DISTRIBUTION AND COLLECTION SYSTEMS UNDERGROUND
All utilities except control panels and boxes shall be located underground.
9. UTILITY FACILITIES
a) Vibration
All utility installations or facilities shall be so operated as not to create a
vibration which is perceptible without instruments by the average person at
or beyond any lot line ofthe lot containing such activities. Ground vibration
caused by motor vehicles, trains, and temporary construction or demolition
work is exempted from this standard.
b) Smoke
All utility installations or facilities shall be so operated as not to emit visible
smoke as dark as Ringelmann number 2 or its equivalent opacity for more
than three minutes in any one-hour period, and visible smoke as dark as
Ringelmann number 1 or its equivalent opacity for more than an additional
seven minutes in any one-hour period. Darker or more opaque smoke is
prohibited at any time.
c) Particulate Matter and Air Contaminants
All utility installations or facilities shall be so operated as not to emit
particulate matter of air contaminants which are readily detectable without
instruments by the average person at or beyond any lot line of the lot
containing such activities.
d) Odor
All utility installations or facilities shall be so operated as not to emit matter
causing unpleasant odors which are perceptible by the average person at or
beyond any lot line of the lot containing such activities.
e) Humidity, Heat, Cold, and Glare
All utility installations or facilities shall be so operated as not to produce
humidity, heat, cold, or glare which is perceptible without instruments by
the average person at or beyond any lot line of the lot containing such
activities.
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10. TRASH STORAGE AND PICK-UP
All trash placed outdoors shall be in bear-proof trash containers.
11. HOME OCCUPATIONS
Home occupations shall conform to the requirements of and be subject to
review under the ULUR as provided for by Section II.B.l of this PUD Guide.
12. CONSTRUCTION ACTIVITIES AND PLANS, USES AND STANDARDS
Construction activities shall conform to the following standards and
requirements.
a) Construction Activities and Plans
(1) Phase 0 Site Reclamation
The property within the boundaries of the REC PUD was heavily
damaged by previous grading activities. Reclamation activities as
generally identified in Appendix Care permitted to occur within the
entirety of the REC PUD boundaries in advance of platting. Prior to
undertaking reclamation activities, detailed plans for reclamation
shall be submitted to the the Garfield County Planning and Building
Department which plans shall include the locations of proposed
activities and actions including equipment storage and contractors
offices and other facilities, grading, BMPs, drainage, storage areas
for materials, and locations of materials processing along with
standards for the proposed activities including standards for dust
control, noise, and hours of operation generally consistent with this
PUD Guide and the ULUR. The Phase 0 Site Reclamation shall be
administratively approved or disapproved by the Director within 30
days of submittal and a grading permit and any necessary building
permits issued subject to security guaranteeing the completion of
the work being accepted by the BoCC.
(2) Construction Activities in Association with a Final Plat
At the time of submission of Final Plat, detailed construction plans
shall be submitted and approved concurrent with the Final Plat. The
construction plans shall address all aspects of Final Plat
infrastructure, facilities and housing construction. Construction
activities may be permitted both within the boundaries of the Final
Plat and on unplatted lands within the REC PUD. The construction
plans shall detail the staging areas, fabrication areas, construction
and fabrication operations, equipment storage, location of
construction facilities such as construction office and equipment
and materials storage, construction BMPs, materials processing,
drainage, dust control, and noise along with standards of operation
and performance of all such activities so as to minimize impacts to
surrounding properties to the maximum extent practicable in
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accordance with this PUD Guide and the ULUR. Activities located
outside the platted areas shall be appropriately secured to ensure
their removal and/or restoration upon completion of construction
in association with the Final Plat or such other time as may be
agreed to by the BoCC in approving the Final Plat. The plans
approved concurrent with Final Plat shall constitute the approved
construction plans. All approved construction plans shall include
detailed plans concerning restoration activities and appropriate
restoration security provisions.
b) Construction Uses
(1) Accessory Uses
In association with approved construction activities, accessory
construction uses include temporary restrooms, port-a-lets, break
or changing rooms, construction offices, model homes, mobile food
service wagons, and other buildings and facilities of a temporary
nature necessary to support construction activities shall be
permitted on both platted and unplatted ground within the REC
PUD in accordance with the approved construction plans.
(2) Materials Processing
Materials processing including crushing and concrete batch plants
shall be permitted in association with construction in accordance
with the approved construction plans. Dust control, screening,
hours of operation and noise abatement measures shall be
appropriately integrated into any approved construction plans.
(3) Construction Signs
Temporary construction signs denoting the architect, engineer or
contractor for a project under construction are permitted provided
there is only one sign per lot frontage, the sign area does not
exceed 24 square feet, the sign does not exceed 6 feet in height,
and the sign is removed within 7 days following after the issuance of
the Certificate of Occupancy for the project.
(4) Contractor's Equipment and Materials Storage Yard
Contractor's equipment and materials storage yards shall be
permitted in association with construction in accordance with the
approved construction plans.
{5) Infrastructure and Building Fabrication
Infrastructure and building fabrication areas may be proposed
within the REC PUD at time of Final Plat as part of the construction
plans on either platted or unplatted ground which may include
buildings. Appropriate standards for ensuring minimization of
impacts along with clearing and site restoration including
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appropriate security to cover such activities shall be included within
the construction plans.
c) Standards
(l) Drainage and BMPs
Construction site drainage shall conform to all Federal, State and
local standards, regulations and laws. A Storm Water Management
Permit and required BMPs shall be maintained at all times through
restoration and revegetation.
(2) Fuel Storage Areas
Containment measures shall be provided for all fuel storage areas to
prevent release into any waterbody. Inventory management or leak
detection systems may be required. These measures shall be
addressed in the construction plans as part of the Phase 0 Site
Reclamation or Final Plat.
(3) Noise and Hours of Operation
Noise during construction shall meet Garfield County and State
standards and laws. Outdoor construction activities shall not occur
prior to 7:00am or later than 7:00 pm. Reasonable additional noise
and timing conditions may be placed by the BoCC in approving any
Final Plat or Director in approving Phase 0 construction activities
consistent with noise and hours of operation standards in the ULUR.
(4) Machine Maintenance
Maintenance of vehicles or mobile machinery is prohibited within
100 feet of any waterbody. Emergency maintenance may be
conducted until the vehicle or machinery can be moved. These
measures shall be addressed in the construction plans as part of the
Phase 0 Site Reclamation or Final Plat.
(5) Spill Prevention
Measures shall be implemented to prevent spilled fuels, lubricants
or other hazardous materials from entering a waterbody during
construction or operation of equipment and/or facility. If a spill
occurs it should be cleaned up immediately and disposed of
properly. These measures shall be addressed in the construction
plans as part of the Phase 0 Site Reclamation or Final Plat.
(6) Waste Storage
Areas used for the collection and temporary storage of solid or
liquid waste shall be designed to prevent discharge of these
materials in runoff from the site. Collection sites shall be located
away from the storm drainage system. Other best management
practices such as covering the waste storage area, fencing the site, ·
and constructing a perimeter dike to exclude runoff may also be
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required. These measures shall be addressed in the construction
plans as part of the Phase 0 Site Reclamation or Final Plat.
V. ENVIRONMENTAL HAZARDS AND RESOURCES
The REC PUD includes some environmental hazards and resources of importance to the
development of the REC PUD. These hazards and resources include: geotechnical
hazards (Geohazard Buffer Area), slope instability areas, heron protection area, heron
activity areas, conservation easement access control area, and floodplains. The areas
are shown on the PUD Plan and any Final Plat on which standards or controls may be
applicable. These hazards and resources should be considered at time of Final Plat and
when undertaking the development of any lot or tract within the REC PUD.
A. GEOHAZARD AREAS
The Geohazard Buffer Zone is an 80 foot buffer area around geologic hazards identified
at the time of approval of the PUD Plan. These areas as well as areas identified during
Phase 0 Site Reclamation, within each Final Plat shall be investigated prior to platting
and any "geohazard areas" identified at that time shall be shown on the Final Plat. Each
Final Plat shall include a plat note requiring that no structures shall be located within
designated "geohazard areas" unless investigations are completed and appropriate
mitigation measures are proposed by a qualified engineer and such mitigation is
implemented as part of construction. Detailed mitigation plans of utilities and road
crossings of "geohazard areas" identified on the PUD Plan or on any Final Plat shall be
provided at time of Final Plat and implemented at time of construction.
Additionally, foundation drains are required in association with Section IV.B.2.a.(4) of
this PUD Guide. At time of Final Plat, lots on which deep foundations will be allowed and
the location of the foundation drain discharge shall be identified on the Final Plat.
B. SLOPE INSTABILITY AREA
Slope instability areas are proposed for mitigation during Phase 0 Site Reclamation. No
structures shall be placed in areas identified as being subject to slope instability on any
Final Plat. Engineered plans stamped by a qualified engineer of all roads, pipelines,
utilities and other facilities crossing areas located within a Slope Instability Area shall
address the hazard and include specific and appropriate mitigation to ensure the
reasonable protection of life and property. All mitigation measures shall conform to any
hazard mitigation plan approved as part of a Final Plat.
C. HERON ACTIVITY AREA
At the time of Final Plat, the "Heron Activity Area" will be established on the face of the
Final Plat by plat note identifying which lots are subject to construction timing
restrictions. The "Heron Activity Area" shall be established by a site visit to active heron
nesting trees by an accredited wildlife biologist during the spring months prior to filing
of any Final Plat. Empty or unused nests or roost trees shall not be considered active
heron nesting trees. Any lots on the Final Plat located within 200 meters of an active
heron nesting trees as designated on the Final Plat shall be subject to a construction
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season restriction which shall provide for no external construction activities for new
building erection between March 1 through August 1. After the initial construction of
subdivision infrastructure required under any subdivision improvement agreement and
initial home construction within the boundaries of a Final Plat, the construction
restriction shall no longer be applicable. The PUD Plan identifies the boundaries of the
"Heron Activity Area" that would exist as of the date of the filing of the PUD Plan for
purposes of illustration and shall have no regulatory effect.
The restrictions associated with the "Heron Activity Area" are only enforceable by the
POA (or its assigns). Garfield County shall have no responsibility to enforce but shall
have the right to enforce the restrictions placed upon the Final Plat.
D. FLOODPLAINS
No structures or fill shall be placed within an identified floodplain on the PUD Plan or on
the applicable Flood Insurance Rate Map except as specifically provided for by the REC
PUD to facilitate utility and bridge crossings of Cattle Creek. Work within any floodplain
shall require approval by Garfield County in accordance with Garfield County's
floodplain regulations.
E. WETLANDS
Wetlands shown on the PUD Plan· were mapped in 2010 and represent the jurisdictional
wetlands present on or immediately adjacent to the REC PUD at that time as defined by
State and Federal laws. All activities within wetlands shall conform to Garfield County
regulations and State and Federal law except as provided by specific modifications
approved by the BoCC as part of the PUD and Preliminary Plat approval.
VI. DEFINITIONS
A. WORD CONVENTIONS
The following guidelines and conventions shall be used in interpreting this PUD Guide:
• In general, words used in the present tense shall include the future; the
singular shall include the plural; and the plural the singular.
• The words .. shall, .. 11 must/' "will," 11Shall not/1 ,,will", 11 may not, .. 11 no ...
may," and "no ... shall" are always mandatory. The word "should"
indicate that which is recommended but not required. The word "may"
indicates a use of discretion in making a decision.
• The word "used" includes "designed, intended, or arranged" to be used.
• The masculine gender includes the feminine and vice versa.
• References to "distance" shall mean distance as measured horizontally
unless otherwise specified.
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PUD Development Guide
River Edge Colorado, Garfield County, Colorado
• When used with numbers, 11 Up to X,11 11 Not more than X11 and 11 3
maximum of x" all include x.
• Unless the context otherwise clearly indicates, conjunctions have the
following meanings: (1) "And" indicates that all connected items or
provisions apply; (2) "Or" indicates that the connected items or
provisions may apply singularly or in combination; and {3) "Either ... or"
indicates that the connected items or provisions apply singularly, but
not in combination.
• All definitions which reference the C.R.S. and Building Code are
generally intended to mirror the definitions used and in effect on the
effective date of this PUD Guide or as they may be subsequently
amended. If a definition in this PUD Guide conflicts with a definition
under State statute or regulation, the State definition shall control over
the PUD Guide definition except where a definition in this PUD Guide
has further limited the size, number, or other specific parameter
associated with a defined use.
• The dimensional standards herein are considered mandatory. However,
the diagrams and illustrations that accompany the dimensional
standards are illustrative. Where a conflict between any dimensional
standard and diagram or illustration occurs, the dimensional standard
shall control.
• Uses shall be interpreted in accordance with this PUD Guide.
B. SPECIFIC DEFINITIONS
The following are the definitions for the terms contained in this PUD Guide. Words
defined herein shall have the specific meaning assigned, unless the context clearly
indicates another meaning. Words used in this PUD Guide shall have the definitions
contained in the ULUR unless they are specifically defined herein or their dictionary
meaning if defined neither herein or in the ULUR. If it is determined that any definition
contained in the ULUR is applicable to the REC PUD and is in whole or partially in conflict
with a definition set forth herein, the interpretation will favor consistency with the
definitions and provisions in this PUD Guide.
The definitions are organized alphabetically.
1. ACCESSORY USE
A use located on the same lot or tract as the principal building, structure or use
to which it is related and that is supportive, secondary, and subordinate to and
customarily found with the principal use of the land.
2. ACTIVE RECREATION AND SERVICES
Active recreation refers to a mix of recreation uses that includes the following
facilities or facility types: athletic fields, building or structures for recreational
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activities, concessions, community gardens and orchards, restrooms, sport
courses or courts, children's play area, dog play areas, bike and walking paths,
trails and associated facilities and may provide for supervised or unsupervised
recreational activities. Neighborhood Center Tracts may also include community
or recreation centers, pools, and accessory uses such as Community Service
Uses. Such accessory services shall be designed and scaled to serve the
residents of the REC PUD and their guests and recreationist utilizing any
adjacent and internal public recreation facilities.
3. ADMINISTRATION FACILITIES
Metropolitan district or property owners' association offices including
contractors providing administrative, clerical or public contact services that deal
directly with the citizen and governmental functions, together with the
incidental storage and maintenance of necessary vehicles.
4. AFFORDABLE HOUSING AGREEMENT (AHA)
An agreement between the applicant and Garfield County based upon the
Affordable Housing Plan as required by Article VIII of the ULUR for the REC PUD.
5. ALLEY
A roadway designed to serve as access to the side or the rear yard of those
properties whose principal frontage is on a street or Community Space.
6. ARCHITECTURAL CONTROL BOARD ("ACB")
The Architectural Control Board of the REC PUD established by the CCRS.
7. ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that extends beyond the
face of an exterior wall of a building, including, without limitation, a porch, roof
overhang, mansard, unenclosed exterior balcony, marquee, canopy, awning,
pilaster and fascia, but not including a sign
8. ATTACHED HOME (LOT) ZONING DISTRICT
A zoning district intended to provide large lots for medium sized attached or
detached homes with limited private outdoor space. Attached Home Lots
provide for zero lot line development with at least 10 feet between buildings.
Attached Home Lots may be developed with attached homes on adjoining lots
or coordinated with adjacent detached homes to provide larger side yard areas
by offsetting homes to one side or the other on .each lot. The intent is that
attached homes be designed to mimic the look of a large single-unit dwelling.
Attached Home Lots generally should be located internally to the development
and front streets or Community Spaces. Attached home lots provide for
somewhat limited architectural variation but substantial lot layout variation due
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to the variety of attached and detached arrangements that may be constructed.
Attached Home lots are alley loaded. Only one home is permitted per lot.
9. BERM
Berm means a strip of mounded topsoil which provides a visual screen.
10. BEST MANAGEMENT PRACTICES (BMPS)
The specific management practices used to control pollutants in storm water.
BMPs are of two types: "source controls" (nonstructural) and "treatment
controls" (structural). Source or nonstructural controls are practices that
prevent pollution by reducing potential pollutants at their source, such as
proper chemical containment construction sites, before they come into contact
with stormwater. Treatment or structural controls, such as constructed water
quality detention facilities, remove pollutants already present in storm water.
Best Management Practices can either be temporary, such as silt fence used
during construction activity, or permanent detention facilities, to control
pollutants in stormwater.
11. BOARD OF COUNTY COMMISSIONERS ("BOCC")
The Board of County Commissioners of Garfield County whose authority and
procedures are described in the C.R.S. and ULUR.
12. BUILDING
Any structure built for the support, shelter or enclosure of persons, animals or
property of any kind. Portions of buildings connected by fully enclosed
attachments that are useable by the buildings' occupants shall be treated as one
building
13. BUILDING CODE
The Building Code adopted and enforced by Garfield County, Colorado at the
time a permit for construction of a building or structure, or other activity
requiring a building permit from Garfield County is required.
14. BUILDING COVERAGE
Building Coverage means the total area of a lot or tract covered by a building or
buildings, measured at the ground level. Building Coverage is measured from
outside of all exterior walls at ground level and shall include stairways,
fireplaces, all cantilevered or supported building areas, ground level covered
porches and decks, garages, and swimming pools. Building Coverage does not
include roof overhangs; unenclosed walkways; usable areas under above-grade
porches and decks, uncovered decks, porches, patios, terraces and stairways,
less than 30 inches high; or similar extensions.
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15. BUILDING ENVELOPE
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
The portion of a lot or tract depicted and designated as a "Building Envelope" on
the PUD Plan and whose boundaries are legally defined on the Final Plat. The
specific purpose of all proposed building envelops is identified within this PUD
Guide. All buildings must be located entirely within the Building Envelope,
provided however that driveways, entry/address monuments, parking lots,
utilities, grading, irrigation and drainage systems, retaining walls, water
features, sports courts, playgrounds, landscaping and such other similar facilities
may be located outside the Building Envelope unless otherwise specifically
restricted within this Guide.
16. BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade
adjoining the building to the highest point of the roof surface, if a flat roof; to
the deck line of mansard roofs; and to the mean height level between eaves and
ridges for gable, hip and gambrel roofs. The height shall be measured as the
averaged maximum height of any building segment from finished grade at any
point directly above that grade location. Architectural projections including
towers, spires, cupolas, chimneys, observation towers, and flagpoles may
extend above the maximum building height not more than 10 feet.
17. BUS STOPS, BENCHES, AND SHELTERS
Roadside pullouts or signed areas with street furnishings and small bus shelters
used as a staging location for travelers to transfer between pedestrian and
bicycle modes and transit.
18. CLEAR VISION TRIANGLE
The area created by drawing an imaginary line between points 20 feet back
from where the curb lines of the intersection quadrant meet.
19. COMMON AREA (TRACT) ZONING DISTRICT
A zoning district intended for a variety of community uses. These tracts are
generally located within residential areas of the development to be left open to
break up residential areas with landscaping and allow for pedestrian circulation
connections to occur between the community spaces. Community gardens and
orchards or other community-oriented uses desired by the residents within the
REC and not involving the construction of buildings can be permitted in the
Common Area Tracts unless specifically restricted. Common Area Tracts such as
at the entry to the REC and at entry points to the trail may include identifying,
educational, and direction/wayfinding signage. Drainage facilities and buried
utilities and associated appurtenances are provided for in Common Area Tracts.
The use of Common Area Tracts will evolve over time as there is need for
improvements. The intent is to reserve flexibility for community uses desired by
the residents into the future. Generally, however, these spaces will remain open
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and be planted with a mixture of native and cultivated species and serve as
transitions to Open Space Tracts.
20. COMMUNITY GARDEN OR ORCHARD
A vegetable garden and/or orchard that is communally cultivated and cared for,
which use shall be permitted on the Garden/Orchard Tracts. Subject to the
CCRS, Garden/Orchard Tracts may consist of individual plots, multiple caretaker
areas, sitting areas, small-scale children's play areas and other accessory
horticultural related uses, and may be used for community festivals arid
celebrations.
21. COMMUNITY IDENTIFICATION, WAYFINDING AND EDUCATIONAL SIGN
A sign placed by the POA {or its assigns) identifying the REC community or
features therein, providing location and directional information within the
community, or providing educational or other necessary information to
residents and visitors.
22. COMMUNITY MEETING FACILITY OR RECREATION HALL
A facility for public gatherings and holding events such as weddings, wedding
receptions, community meetings and meetings and events sponsored by
individuals, groups, or organizations having an ownership interest in the REC
PUD.
23. COMMUNITY SERVICE FACILITIES
A facility for government, special districts, quasi-governmental or property
owners' association maintenance and service vehicles, equipment, supplies,
office and staff to serve the REC PUDarea.
24. COMMUNITY SERVICE SPACE(S)
Leasable space within the Neighborhood Center, which space may be used for
Community Service Use{s). Community Service Space{s) shall be owned by the
POA or their assigns.
25. COMMUNITY SERVICE USES
Not-for profit or for-profit uses that may, subject to the PUD Plan and the CCRS,
be operated within the Community Service Space{s), if any. Community Service
Uses shall be operated by a Community Service Tenant for the benefit of
residents of the Community and may include, without limitation, a day care
facility, a sandwich/coffee shop, and/or a health club.
26. COMMUNITY SERVICE TENANT
A tenant or concessionaire of any Community Service Space operating a
Community Service Use.
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27. COMMUNITY SPACE ZONING CATEGORY
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Those areas identified as Open Space, Common Area, Garden/Orchard, and
Neighborhood Center Zoning Districts by the PUD Guide and PUD Plan and
created as Tracts by a Final Plat. Community Spaces are provided as a means of
establishing areas for community activities and providing community outdoor
spaces and amenities.
28. CONSERVATION EASEMENT
A certain Grant of Conservation Easement, dated February 3, 2000, by and
between Sanders Ranch Holdings, LLC, its successors and assigns, as grantor,
and Roaring Fork Conservancy ("RFC"), as grantee, recorded at Reception
Number 559036 and survey map, dated December 24th, 2008, defining the
boundaries of said easement recorded at Reception Number 804200 in the real
property records of Garfield County, Colorado, as the same has been or may be
supplemented or amended from time to time.
29. CONSTRUCTION
To make or form by combining or arranging building parts or building elements,
to include but not limited to examples such as road construction, community or
recreation facility development, utility facility development, home construction,
or parks development, and including the initial disturbance of soils associated
with clearing, grading, or excavating activities or other construction-related
activities (e.g., stockpiling of fill material).
30. CONSTRUCTION SIGN
Construction sign means a temporary sign announcing development,
construction or other improvement of a property by a building contractor or
other person furnishing services, materials or labor to the premises, but does
not include a "real estate sign."
31. CONSTRUCTION SITE
Any location where construction or construction related activity is occurring.
32. CONSTRUCTION STORM WATER MANAGEMENT PLAN (SWMP)
A specific individual construction plan that describes the Best Management
Practices (BMPs), as found in the current SWMM, to be implemented at a site to
prevent or reduce the discharge of pollutants. The purpose of a SWMP is to
identify possible pollutant sources to stormwater and to set out BMPs that,
when implemented, will reduce or eliminate any possible water quality impacts.
33. CONSTRUCTION USES AND ACTIVITIES
Construction-related uses include those uses necessary, supportive or incidental
to the construction of the REC PUD or construction of homes, buildings or
facilities within the REC PUD during the development period.
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34. CONTRACTOR'S EQUIPMENT AND MATERIALS STORAGE YARD
The temporary use of land for the purpose of storing machinery, equipment and
supplies including office and repair facilities for use in supporting construction
activities associated with the development of REC PUD infrastructure or
housing, buildings or facilities within the REC PUD and approved as part of the
construction plans at time of Final Plat.
35. COVENANTS, CONDITIONS AND RESTRICTIONS ("CCRS")
Covenants, Conditions and Restrictions for River Edge Colorado (the "CCRS")
recorded in the official records of Garfield County, as they may be amended
from time to time by the POA.
36. DAY CARE CENTER
A non-residential facility licensed by the State of Colorado for the care and
supervision of more than 8 children or adults for periods of less than 24 hours
per day. Day care centers include preschools and nursery schools.
37. DAY CARE HOME
A private residence used for the care of 8 or fewer children other than the
operator's own children for a period of less than 24 hours per day and the
operator of which possesses a license from the State of Colorado.
38. DESIGN GUIDELINES
River Edge Colorado Design Guidelines as defined in the CCRS. The Design
Guidelines establish architectural and building material standards, landscape
design requirements, site design criteria, and a design review process for
development within REC PUD and are adopted by the POA and may be
amended from time to time. The Design Guidelines shall not be administered by
Garfield County.
39. DEVELOPER
Developer means any person who seeks a permit or approval for the
construction of a development from Garfield County.
40. DEVELOPMENT
Any change to improved or unimproved real estate, including, without
limitation, constructing, relocating, rehabilitating, reconstructing or expanding
or enlarging (but not maintaining) a building or other structure or portion
thereof, or establishing or changing a use, or mining, dredging, filling, grading,
paving or excavation.
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41. DEVELOPMENT AGREEMENT
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
The agreement entered into with the BoCC detailing any commitments made
between a developer and Garfield County for the REC PUD.
42. DIRECTOR
The Director of the Garfield County Building and Planning Department, or
authorized representative, or such other person who may be named by title by
the Garfield County Board of Commissioners to administer Garfield County's
Unified Land Use Resolution (ULUR) or other such code intended to govern land
use in Garfield County.
43. DWELLING UNIT
One or more rooms designed to function as a single living facility and containing
only one kitchen plus living, sanitary and sleeping facilities.
44. DWELLING, SINGLE-UNIT
A dwelling unit located on a lot with no physical or structural connection to any
other dwelling unit.
45. DWELLING, TWO-UNIT
A dwelling unit within a structure containing two dwelling units, each of which
has primary ground floor access to the outside and are attached to each other
.by party walls without openings, and where each dwelling unit is located on its
own lot, and which may include interest in common areas, land and facilities
appurtenant to the dwelling units. A Two-Unit Dwelling does not share common
floor/ceilings with another dwelling unit.
46. EXECUTIVE (LOT) ZONING DISTRICT
A zoning district intended to provide semi-private residential lots for the
development of large custom single-unit dwellings. These lots provide areas for
custom homes and allow for the architectural variation. Executive lots may or
may not front a street or alley (i.e., Right-of-Way Tract) and may be accessed via
long private driveways located within designated access and utility easements.
47. ESTATE (LOT) ZONING DISTRICT
A zoning district intended to provide large street-oriented residential lots for the
development of large single-unit dwellings. These lots generally should be
located along the western and southern edge of the development area. These
lots provide areas for custom and semi-custom homes, allow for substantial
architectural variation, and provide generous private outdoor spaces. Estate
lots are front loaded.
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48. FILING OR SUBDIVISION FILING
A Final Plat within the REC PUD.
49. FINAL PLAT
A map with supporting statements of certain described land prepared in
accordance with the ULUR and approved by the BoCC and recorded in the
Garfield County Clerk and Recorder's office. (C.R.S. 30-28-101 (5))
SO. FLOOR AREA
The total square footage of all levels of a building except a basement, as
measured at the inside face of the interior walls. Excluded from the definition of
floor area are balconies and terraces, decks and patios whether covered or not,
covered walkways, other roofed facilities which are not enclosed, basements
and crawl spaces, mechanical rooms, garages or other enclosed parking areas,
and attic spaces.
51. FRONT LOT LINE
The boundary of a lot located along a street (i.e., Right-of Way Tract). On a
corner lot, the Front Lot Line is the line which best conforms to the pattern of
the adjacent block faces. In the case of alley accessed and loaded lots, the Front
Lot Line shall be boundary of a lot which is most nearly opposite and most
distant from the Rear Lot Line.
52. FRONT SETBACK LINE
The imaginary line extending across the full width of a lot, parallel with the
Front Lot Line between which no building, structure, or portion thereof shall be
permitted, erected, constructed, or placed except a front porch, bay window, or
architectural projections.
53. FRONT YARD
The area between the Front Lot Line and Front Setback Line.
54. GARDEN HOME TRACT
A tract of land generally designated for development of Garden Home Lots.
Portions of the Garden Home Tract may be designated, zoned and platted as
Right-of-Way Tracts or Common Area Tracts. The tract designation is used only
as a means of providing cross-references and general standards for Garden
Home lot platting and development and does not serve as a formal designation.
55. GARDEN HOME (LOT) ZONING DISTRICT
A zoning district intended to provide locations for smaller two-unit dwellings or
single-unit dwellings with almost no private outdoor space for those people who
desire to limited yard maintenance and who focus their outdoor activities within
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the Community Spaces within the REC PUD. Garden Home Lots are located
within pods within designated Garden Home Tracts. Garden Home lots provide
for zero lot line development with at least 10 feet between buildings. Garden
Home lots generally should be located internally to the development near or
adjacent to Park Tracts. Homes should be generally laid out near the exterior
edges of the Garden Home Tracts with small common areas and alleys (located
within Right-of-Way Tracts) focused toward the core of each Garden Home
Tract. Garden Home lots provide for limited architectural and lot layout
variation and architectural themes within each Garden Home Tract should be
consistent throughout. Garden Homes shall be internally loaded from alleys
with garages .located to the interior side of the Garden Home Tract facing the
alley or court providing access to the Garden Home lot. No Garden Home lot is
permitted direct access to a street through the exterior Garden Home Tract
boundary line.
56. GARDEN/ORCHARD (TRACTS) ZONING DISTRICT
A zoning district intended to be areas specifically set aside for cultivating fruit
trees and fruit and vegetable gardens. The production may be shared amongst
the community for consumption or utilized by individual participants, while
excess may be sold at local farmers markets, as determined by the residents in
accordance with the CCRS. The Garden/Orchard Tracts are intended to become
an identifying element for the REC community and distinguishing amenity
around which festivals, celebrations, traditions, can be organized and revolve.
Structures are generally limited to garden sheds or similar facilities necessary to
support cultivation and agricultural fences meeting the Design Guidelines and
the requirements of this PUD Guide. Drainage facilities and buried utilities and
associated appurtenances are permitted in Garden/Orchard Tracts. Soft trails
and identifying, educational, and direction/wayfinding signage are also
permitted.
57. GROUP HOME
A facility providing custodial care and treatment in a protective living
environment for the handicapped or the aged person. This category of facility
includes, without limitation, group homes for persons who are sixty years of age
or older, group homes for the developmentally disabled or mentally ill, drug or
alcohol abuse or rehabilitation centers, and facilities for persons with acquired
immune deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
infection.
58. HOME OCCUPATION
Any business or service of limited scope, conducted entirely within the dwelling
and which is clearly incidental and secondary to the principal use and which
does not alter the exterior of the property or affect the residential character of
the neighborhood.
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59. HORTICULTURAL USES
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Horticultural uses include the planting, cultivating, harvesting, and storage of
hay and horticultural stock or ornamental plants for use within the REC PUD for
landscaping or revegetation and erosion control activities on platted and
unplatted land. Horticultural activities on platted ground shall cease as soon as
the crop in place at, time of platting is harvested. Horticultural uses do not
include community gardens or orchards which are permitted in specific
Garden/Orchard and Common Area Tracts defined within this PUD Guide and
PUD Plan, or home gardens or other similar uses which are permitted as an
accessory use on all residential lots.
60. INFRASTRUCTURE AND BUILDING FABRICATION
The temporary use of land for the purpose of fabricating REC PUD infrastructure
and building components. Building and infrastructure fabrication may be
conducted inside temporary buildings constructed for the purpose of fabrication
or outside. Temporary buildings may be utilized and removed or converted to a
Use by Right if said conversion would conform to this PUD Guide.
61. IRRIGATION AND MAINTENANCE (TRACTS) ZONING DISTRICT
A zoning district are intended to serve as areas set aside for facilities necessary
to treat and distribute raw water for irrigation within the REC PUD area and
provide facilities for POA maintenance facilities and equipment for maintaining
infrastructure, Community Spaces, and Right-of-Way Tracts within the
development. All Irrigation and Maintenance Tracts are to be owned, operated
and maintained by the POA or other its assigns. These areas are provided for the
benefit of the owners within the REC PUD for the specific uses provided for by
this PUD Guide. Drainage facilities and buried utilities and associated
appurtenances are permitted within Irrigation and Maintenance Tracts. Soft
trails and identifying, educational, and direction/wayfinding signage are also
permitted.
62. LANDSCAPED AREA
Any land set apart for planting grass, shrubs, trees or similar living materials,
including, without limitation, land in an arcade, plaza or pedestrian area, and of
which fences and walls may be a part.
63. LANDSCAPING
Materials, including, without limitation, grass, ground cover, shrubs, vines,
hedges or trees and nonliving natural materials commonly used in landscaped
development.
64. LOT
A parcel that has been subdivided pursuant to a legal subdivision approval
process and is precisely identified by reference to a filing, block and lot.
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65. LOT LINE
The property lines defining the exterior boundaries of a lot or tract.
66. MATERIALS PROCESSING
The processing of onsite sand and gravel deposits, claimed as a result of site
development conducted in accordance with the approved reclamation, grading
or development plan, for use in the construction of REC PUD infrastructure and
housing, buildings or facilities within the REC PUD including the screening,
crushing, stockpiling, washing and creation of concrete from processed sand
and gravel resources.
67. MODEL HOME
A dwelling temporarily used as a sales office or demonstration home for
residential units under or proposed for construction, said dwelling being used as
an example of a product offered for sale. The dwelling may be furnished and be
used as a sales facility and office while being used as a model home. A model
home may be occupied provided an occupancy permit or final inspection
authorizing occupancy has been approved by the building official.
68. NEIGHBORHOOD CENTER (TRACTS) ZONING DISTRICT
A zoning district intended to provide meeting, gathering, recreational, and
service facilities for residents of REC. Multiple Civic and Community Uses may
occur on these tracts to meet the needs of REC residents as permitted by this
PUD Guide and as may be approved by the POA. These services may include
community service uses with incidental merchandise sales or community
activities such as community garage sales. Drainage facilities and buried utilities
and associated appurtenances are permitted in Neighborhood Center Tracts.
Soft trails and identifying, educational, and direction/wayfinding signage are
also permitted.
69. NOXIOUS WEED
An alien plant or part of an alien plant that has been designated by Colorado
state regulations as being a state Noxious Weed
70. OPEN SPACE TRACT ZONING DISTRICT
A zoning district intended to provide an area of the community that is
naturalized with limited use that helps to buffer environmentally sensitive areas
and RFTA trail from the development areas within the REC PUD, while allowing
limited passive uses including walking, running, hiking, wildlife and scenery
viewing. The primary purpose of Open Space Tracts is to provide natural spaces
within the Project. As, such, landscaping of Open Space Tracts is to be
predominantly native and drought tolerant species. Improvements within Open
Space Tracts are very limited and include only portions of the soft trail system;
seating/viewing areas; identifying, educational, and direction/wayfinding
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signage; drainage facilities; and buried utilities. Access roads for the utilities
including the Glenwood Ditch may be provided as well as small utility buildings.
71. OWNER
An individual, corporation, partnership, association, trust or other legal entity or
combination of legi"ll entities which is the record owner of an undivided fee
simple interest in one or more lots, parcels, or dwelling units.
72. PARK (TRACTS) ZONING DISTRICT
A zoning district intended to provide for active recreation activities including
organized sports and play activities. Playgrounds, tot-lots, hard courts, and
multi-use fields for organized recreation, games, and play are permitted in Park
Tracts. Buildings are generally limited to picnic shelters, and small pavilions and
amphitheaters. Drainage facilities and buried utilities and associated
appurtenances are permitted in Park Tracts. Soft trails and identifying,
educational, and direction/wayfinding signage are also permitted.
73. PASSIVE RECREATION
Recreational activities that do not require prepared facilities like sports fields,
playgrounds or pavilions. Passive recreational activities place minimal stress on
a site's resources and are highly compatible with natural resource protection.
Passive recreation include, but is not limited to, hiking, wildlife viewing,
observing and photographing nature, picnicking, walking, cross country skiing,
bird watching, bicycling, running/jogging, and fishing. Passive recreation may
include benches and seating areas, picnic tables, viewing areas, and
interpretative and directional signage. Generally, areas under passive recreation
serve as habitat areas, and therefore passive recreations uses shall be limited to
those recreational uses not detrimental to habitat uses. Uses such as camping,
motorized vehicle recreation, or any similar activity shall not be considered
passive recreation uses.
74. PERMITTED USE
A use which is permitted to occur on a lot or tract, or on unplatted land as a use
by right without requiring Administrative, Limited Impact or Major Impact
Review under the ULUR by Garfield County.
75. PHASE 0 SITE RECLAMATION
Reclamation of the entire REC PUD in advance of platting. Phase 0 Site
Reclamation includes grading and certain facility placement in order to restore
the site with soils and vegetation, complete a majority of the required materials
processing, undertake strategic geotechnical investigations, restore habitat,
place utilities and structures such as Glenwood Ditch and grade separated
crossing of RFTA trail, and prepare the site for future development.
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PUD Development Guide
River Edge Colorado, Garfield County, Colorado
76. PORCH
Porch means a covered, unenclosed (except for railings) structure that projects
from the exterior wall of a principal building, has no floor space above, and is
intended to provide shelter to the entry of the building and supplemental
outdoor living area.
77. PRINCIPAL USE
The activity(ies) on the lot or parcel which constitute the primary purpose or
function for which the land and any principal structure is intended, designed, or
ordinarily used.
78. PROJECT DOCUMENTS
The CCRS, Design Guidelines, Development Agreement, Resolution of Approval
and all other documents made a part of said Resolution of Approval, and all
subsequently approved Final Plats.
79. RIGHT-OF-WAY (TRACTS) ZONING DISTRICT
A zoning district for tracts intended to provide legal vehicular and pedestrian
ingress and egress to all lots and tracts within the REC PUD and, in concert with
utility and drainage easements, provide corridors for utilities to service the REC
PUD. Right-of-Way Tracts also provide areas for development of landscaped
areas, street lights, directional signage, and street furnishings to help establish a
sense of place in accordance with this PUD Guide and the Design Guidelines.
Right-of-Way Tracts are intended to be owned, operated and maintained by the
POA or its assigns. These tracts are provided for the benefit of the owners
within the REC PUD for ingress and egress to all lots and tracts within the REC
PUD.
80. RIVER EDGE COLORADO PUD ("REC PUD", "REC", OR "PROJECT")
The Planned Unit Development zone district authorized by the Garfield County,
pursuant to the Resolution of Approval, and containing the property described
on the PUD Plan, and including the PUD Guide, PUD Plan, and Project
Documents.
81. RIVER EDGE COLORADO PROPERTY OWNERS' ASSOCIATION, INC. {"POA")
The association formed to manage and maintain property in which lot and tract
owner within the REC PUD' own an undivided common interest; manage,
maintain and deliver services identified in the CCRS to properties within the REC
PUD; and control the use and development of properties within the REC PUD
pursuant the PUD Guide, PUD Plan, and Project Documents.
38
82. REAR LOT LINE
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
The boundary of a lot which is most nearly opposite and most distant from the
Front Lot Line. Where an alley abuts a lot, the Rear Lot Line shall be the
boundary of the lot abutting the alley (i.e., Right-of-Way Tract).
83. REAR SETBACK LINE
The imaginary line extending across the full width of a lot, generally parallel to
the Rear Lot Line between which no building, structure, or portion thereof shall
be permitted, erected, constructed, or placed unless specifically permitted
pursuant to this PUD Guide.
84. RESIDENTIAL ZONING CATEGORY
The Residential Zoning category is the Zoning Category within which all
residential zoning districts are classified. All residentially zoned lots and tracts
within the Residential Zoning Category may be utilized for residential use and
are subject to similar standards governing development. The intent of these lots
and tracts within this category is to provide for the development of single family
detached and two-unit dwellings.
85. SAFETY SERVICES FACILITIES
Safety services facilities are for the conduct of safety and emergency services
including police and fire protection services and emergency medical and
ambulance services which may include fire stations or police stations.
86. SIDE LOT LINE
Any boundary of a lot which is not a Front Lot Line, Rear Lot Line or Side Street
Lot Line, and generally perpendicular with the Front Lot Line:
87. SIDE YARD SETBACK LINE
The imaginary line extending across the full depth of a lot, generally
perpendicular with the Front Lot Line, and parallel to the Side Lot Line between
which no building, structure, or portion thereof shall be permitted, erected,
constructed, or placed unless specifically permitted pursuant to this PUD Guide.
88. SIDE YARD
The area between the Side Lot Line and Side Setback Line.
89. SIDE STREET LOT LINE
The boundary of a lot located along a street (i.e., Right-of-Way Tract), generally
perpendicular with the Front Lot Line, which is not a Front Lot Line or Rear Lot
Line. A lot having two street frontages has both a front lot line and side street
lot line.
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90. SIDE STREET SETBACK LINE
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
The imaginary line extending across the full depth of a lot, parallel with the Side
Street Lot Line and most nearly perpendicular to the Front Lot Line between
which no building, structure, or portion thereof shall be permitted, erected,
constructed, or placed unless specifically permitted pursuant to this PUD Guide.
91. SIDE STREET YARD
The area between Side Street Lot Line and Side Street Setback Line.
92. STORMWATER FACILITIES
Detention and conveyance facilities required for the treatment of water to
enhance water quality to acceptable levels before discharge to lakes, rivers,
streams or groundwater; or to provide storage volume to enable reduction of
stormwater runoff flow rates.
93. STRUCTURE
Anything constructed or erected with a fixed location on the ground above
grade, but the term does not include poles, lines, cables or other transmission
or distribution facilities of public utilities
94. SUBDIVISION IMPROVEMENTS AGREEMENT
An agreement approved by the BoCC in association with Phase 0 and each final
plat detailing and securing the obligations of all parties.
95. TEMPORARY SALES OFFICE
An office established temporarily on a property to make the initial sale of real
estate products located on the property. Said office may be located in a model
home or within a permanent building built for future Civic and Community Uses
or a temporary building placed specifically for the purposes of providing a sales
office.
96. TOWN (LOT) ZONING DISTRICT
A zoning district intended to provide reasonably sized lots for larger tract or
semi-custom homes with greater private outdoor space than in the Village Lot
Residential Zoning District. Town Lots generally should be located along the
western and southern edges of the development area and back Open Space
Tracts, but may also be located internally to the PUD and back Park,
Garden/Orchard, or Common Area Tracts. These lots provide for limited
architectural and lot layout variation. Town Lots are street or alley loaded.
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97. TRACT
Any physical portion of the REC PUD which is designated on the PUD Plan as a
Tract as opposed to a lot, and the boundaries of which are depicted on the
applicable Final Plat.
98. ULUR
The Garfield County Unified land Use Resolution of 2008, as it may be
amended.
99. UTILITY DISTRIBUTION AND COLLECTION SYSTEMS
Any below ground facilities used for the transmission, distribution, delivery,
collection, or storage of water, sewage, electricity, natural gas, communications,
electronic or electromagnetic signals, or other services which support the
development of the REC PUD and any uses within the REC PUD including
associated above ground accessory structures and facilities to support such
below ground facilities.
100. UTILITY FACILITIES
Any above ground structures or facilities used for the production, generation,
treatment, transmission, distribution, delivery, collection, or storage of water,
or sewage which support the development of the REC PUD and any uses within
the REC PUD including without limitation water and sewage treatment
works/facilities.
101. UTILITY ZONING CATEGORY
This zoning category in includes those zoning districts established to provide for
any required major utility and maintenance facilities such as a water treatment
plant or POA maintenance facility that might be necessary to serve the REC PUD.
The category includes Irrigation and maintenance Zoning District and Water and
Wastewater Zoning District.
102. UTILITY AND SAFETY SIGNS
Signs required alerting people to dangers or providing service or safety
information associated with utility placements or facilities or safety issues
associated with a location or site.
103. VILLAGE (LOT) ZONING DISTRICT
A zoning district intended to provide small lots for medium sized tract or semi-
custom homes with limited private outdoor space. Village Lots generally should
be located along the eastern edges of the development area and internally to
the development. They generally back small Open Space Tracts, or Park,
Garden/Orchard, and Common Area Tracts. These lots allow for very limited
architectural and lot layout variation. Village Lots may be street or alley loaded.
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104. WATER AND WASTEWATER (TRACTS) ZONING DISTRICT
A zoning district within the Utility Zone Category intended to provide areas for
facilities necessary to treat and distribute potable water including the
construction of water treatment plants and transmission facilities, or collection
and treatment facilities for wastewater including lift stations and wastewater
treatment facilities. Unlike the water and wastewater facilities located within
Right-of-Way and Community Spaces or utility easements,. Water and
Wastewater Tracts are identified for more significant water and wastewater
facilities than traditionally accommodated. in public spaces and easements
including facilities necessary to serve the REC PUD and other development areas
within the region. These tracts are intended to be owned, operated and
maintained by the POA or its assign's. These areas are provided for the benefit of
the owners within the REC PUD for the specific uses provided for by this PUD
Guide. Drainage facilities and buried utilities and associated appurtenances are
permitted in Water and Wastewater Tracts. Soft trails and identifying,
educational, and direction/wayfinding signage are also permitted provided they
do not conflict with the primary use at the discretion of the owner.
105. WATER IMPOUNDMENTS
Detention, equalization, and pressurization facilities required to treat and store
water prior to distribution to raw water or potable water customers
106. ZONING CATEGORY
A classification used to group Zoning District designations into a broader class of
uses under which the specific Zoning District designation falls.
107. ZONING DISTRICT
A specifically delineated area within which regulations exist to govern use,
placement, spacing, and size of lots, parcels and buildings.
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APPENDIX A: ZONING, USE, DIMENSIONAL STANDARDS
TABLES
Table 1 and 2 provide the Zoning Category and Zoning District designations for all proposed
lots and tracts approved as part of the PUD Plan. The use designations identified hereon
represent the intended use designation of each lot and tract for purposes of applying the
provisions ofthis PUD Guide. Table 2 is sorted by Filing, Block, Lot/Tract.
Table 3 identifies the principal and accessory uses permitted in each Zoning District within
the REC PUD.
Table 4 identifies the dimensional standards applicable to each Zoning District.
A-1
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Table 1. Zoning Districts Table by Zoning Category and District
Zon1ng Category F1lmg# Block# Lot/Tract#
Residential Use
1 83 1-10
Attached Home (39 Lots/Units) 2 87 13-18
2 88 6-10
Estate (8 Lots/Units) 6 819 1-8
Executive {1lot!Unit) 6 822 1
1 84 1-9
1 85 1-5
1 86 1-25
2 88 1-5
3 89 1, 3-18
3 810 1-18
Town (167 Lots/Units) 4 811 1-16
4 813 1-11
tl 4 814 1-5
~ a 4 815 1-12
m c c 5 81 1-18
~
5 82 1-9
6 820 1-13
6 821 1-4
2 87 1-12
3 89 2
Village (56 Lots/Units} 4 812 1-8
6 816 1-11
6 817 1-13
6 818 1-11
1A 825 1-11
18 826 1-7
Garden Home (95 Lots/Units) 2A 824 1-15
4A 823 1-10
5A 827 1-8
A-2
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Reception~: 812357
12/22/2011 11:26:48 ~M Jean ~lberico
66 of 127 Reo Fee:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO
Table 1. 7nnlnn District Table '7nnlnn r.
'"""
1
2
Open Space{11 Tracts) 3
4
5
6
1
'
j Common Area (20 Tracts) '
5 4
m ~ 5
~ 6
1
Garden/Orchard (3 Tracts) 2
5
I j Center(1 Tract) 1
1
Park 2
3
6
.u ...
1
2
3
4
" 5 u
"' i1i Right-of-Way (14 Tracts) 6 m c .,
1A 0 N
1B
2A
4A
5A
I ""'"' u ...
g',Z llligatlc; and i e I 1Tract) 1
·-"' 1 :;;,. Right-of-Way (14 Tracts) Nc
6
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
and District trn, "· "'
AH,AP,All
RH1. RH?
BB
BN,BO
AN
AQ.GE
AG, AE, AV, AY
BD. BE. BF. BG
BT. BU, BV
BK, BL, BQ. BR. BS
AL.AZ
AT.CD
AB
BA
AM
AA
AI
Bl
BJ
AX
RC.RF
RB
RD
RA.RH
RG
RF
AD1
AJ1
BC1
BM1, 8M2
AK1
AG
RC,RF
AR
A-3
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Reception~: 812357
12/22/2011 11:26:48 ~M Jean ~Iberica
67 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Table 2. Zoning District Table by Filing, Block and Lot'·2
Fllmg t; Block# Lot/Tract# Zontng D1str1ct 1
B3 1-10 ATTACHED HOME
B4 1-9
B5 1-5 TOWN
B6 1-25 .
AA NEIGHBORHOOD CENTER
AB GARDEN/ORCHARD
1 AC,AE COMMON AREA
AG IRRIGATION AND MAINTENANCE
Tracts AH OPEN SPACE
AI PARK
AO WATER AND WASTEWATER UTILITY
AP,AU OPEN SPACE
AV,AY COMMON AREA
RC, RF RIGHT-OF-WAY
Residential Lots/Units 59
FHing 1 Totals
Tracts 14
B25 1-11 GARDEN HOME
1A
Tracts AD1 RIGHT-OF-WAY
Residential Lots/Units 21
Filing 1A Totals
Tracts 1
B26 1-7 GARDEN HOME
1B
Tracts AJ1 RIGHT-OF-WAY
Residential Lots/Units 13
Filing 18 Totals
Tracts 1
B7 1-12 VILLAGE
B7 13-18 ATTACHED HOME
B8 1-5 TOWN
BB 6-10 ATTACHED HOME
2
BA GARDEN/ORCHARD
BD, BE, BF, BG COMMON AREA
Tracts
BH2 OPEN SPACE
RB RIGHT-OF-WAY
Residential Lots/Units 36
Filing 2 Totals
Tracts 7
B24 1-15 GARDEN HOME
2A
Tracts BC1 RIGHT-OF-WAY
Residential Lots/Units 28
Filing 2A Totals
Tracts 1 .
A-4
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12/22/2011 11:26·48 ~M Jean Alb . 68 of 127 R F . er1co ec ee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Table 2. Zoning District Table by Filing, Block and Lot (Continued)
F1llng # Block# Lot/Tract# Zonmg D1strrct 1
89 1 TOWN
89 2 VILlAGE
89 3-18
TOWN
810 1-18
3
BB,BH1 OPEN SPACE
81 PARK
Tracts
BT, BU, BV COMMON AREA
RD RIGHT-OF-WAY
Residential Lofs!Units 36
Filing 3 Totals
Tracts 7
811 1-16 TOWN
812 1-8 VILlAGE
813 1-11
814 1-5 TOWN
815 1-12
4 BJ PARK
BK,BL COMMON AREA
Tracts BN, 80 OPEN SPACE
BQ, BR, BS COMMON AREA
RA,RH RIGHT-DF-WAY
Residential Lots/Units 52
Filing 4 Totals
Tracts 10
823 1-10 GARDEN HOME
4A
Tracts BM1, 8M2 RIGHT~OF-WAY
Residential Lots/Units 19
Filing 4A Totals
Tracts 2
81 1-18
TOWN
82 1-9
AL COMMON AREA
5 AM GARDEN/ORCHARD
Tracts AN OPEN SPACE
i'Z COMMON AREA
RG RIGHT-OF-WAY
Residential Lots/Units 27
Filing 5 Totals
Tracts s
A-5
II II Ml'.i.II:I:IP".I.~,~ :·M~ 111\y~l~ loll\ ~~f lift.~~~ IIIII
Reception#: 812357
12/22/2011 11:26:48 ~M Jean ~Iberica
69 of 127 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
Table 2. Zoning District Table by Filing, Block and Lot (Continued}
Ftlmg # Block# Lot/Tract# Zonmg Dts!nctl
5A B27 1'8 GARDEN HOME
5A Tracts AK1 RIGHT-OF-WAY
Residential Lots/Units 14
Filing SA Totals
Tracts 1
B16 1-11
B17 1-13 Vlllf\GE
B18 1-11
B19 1-8 ESTATE
B20 1-13
TOWN
B21 1-4
B22 1 EXECUTIVE
6
AQ OPEN SPACE
AR WATER AND WASTEWATER UTILITY
AT COMMON AREA
Tracts AX PARK
CD COMMON AREA
CE OPEN SPACE
. RE RIGHT-OF-WAY
Residential Lots/Units 61
Filing 6 Totals
Tracts 7
A-6
FacWitles N N N N N p N
Stops, Benches, and Shelters N N N N N p N
Garden/Orchard N N N N N N N
N N N N N p p
Facility or Recreation Hall N N N N N p N
N N N N N p N
N N N N N p N
L L L N N N N
L L L N N N N
A A A A A N N
Uses N N N N N N N
·· Dwell!ng p p p p p N N
and Services, Active N N N N N p N
Passive N N N N N p p
Services Facilities N N N N N p N
p p p p p p p
Unit Dwelling N N N p p N N
p p p p p p p
~ N N N N N N N
N N N N N N p
Land Use Symbols: P ~Permitted as a Principal Use; N-Not Permitted; A-Administrative Review {ULUR), L-Umited Impact Review (ULUR)
N N N p
p p p N
p N p N
p p p p
N N N N
N N p p
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
p p p p
p p p p
N N N N
p p p p
N N N N
p p p p
p N p p
p p p p
p N
N p
N N
p N
N N
p N
N N
N N
N N
N N
N N
N N
p p
p p
N N
p p
N N
p p
p N
p N
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12/22/2011 11:26:48 AM Jean Alberico
71 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Irrigation and Maintenance
Water and Wastewater Utility
'Rear setback st~all be reduced to 7 feet when lot is alley loaded.
1 of both units when dwellings are attached.
Ill IIi
PUD Development Guide
River Edge Colorado, Garfield County, Colorado
A-8
II II M\".1. 1 1 :1:1P".1.V,,~:di'~MII'IIM.I~I*I\L ~r Ill!\ ~~~ IIIII
Reception~: 812357
12/22/2011 11:26:48 RM Jean Alberico
72 of 127 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO PUD Development Guide
River Edge Colorado, Garfield County1 COlorado
APPENDIX B: ROAD STANDARDS
All roads, alleys and courts within the REC PUD shall be constructed in accordance with the
standards and specifications contained in this appendix.
B-1
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PLOT DATE/TIME: B/5/2011 12:15 PM
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.
ENTRY ALLEY GARDEN EMERGENCY
CRITERIA LOCAL I HOME VEHICLE ROAD COURT ACCESS ACCESS (EVA}
DESIGN CAPACITY (ADT) 8,000 5,000 <500 <500 N/A
DESIGN SPEED (MPH) 25 25 N/A N/A N/A
POSTED SPEED (MPH) 25 25 N/A N/A N/A
PAVEMENT WIDTH (FT) (LANES) 24 (2)' 36 (2)2 24 (2)3 20 (2)' 20
MIN. HORIZONTAL RADIUS (FT) 185 80 50 50 N/A
DESIGN VEHICLE WB 50 WB 40 BUS-40 BUS 40 BUS 40
CURB RETURN RADII (FT) JQ' 20' N/A N/A N/A
MAX. GRADE (%) 8 8 8 8 8
CROSS SLOPE (%) 2 2 2 N/A N/A
SURFACE ASPHALT ASPHALT ASPHALT ASPHALT ASPHALT
1 TWO 12' TRAVEL LANES PLUS RAISED MEDJAN (VARYING WIDTH) AND NO ON-STREIT PARKING.
2 TWO 1 0' TRAVEL LANES AND ON-STREET PARKING ON BOTH SIDES OF THE STREET.
J TWO 1 0' TRAVEL LANES AND 2' SHOULDERS.
' TWO 1 0' TRAVEL LANES.
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NOTES:
(i) THIS STREET ILLUSTRATES A TYPICAL ASPHALT
CONCRETE ROAD SECTION.
(?) SEE TABLE D-2 FOR SIDE SLOPE REQUIREMENTS.
3. GRADES:
MINIMUM 0.5%
MAXIMUM 8.0%
VARIES
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@ SEE TABLE 0-2 FOR SIDE SLOPE REQUIREMENTS.
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@ DITCH SECTIONS AND/OR LOCATIONS MAY VARY TO
MEET REQUIREMENTS.
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Reception~: 812357
12/22/2011 11:26:48 ~M Jean Alberico
79 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO PUD Development Guide
River Edge Colorado, Garfield-County, Colorado
APPENDIX C: PHASING PLAN
The figures in this Appendix summarize the Phasing of the REC PUD as approved by the
BoCC. The schedules are provided as a basis for vesting and represent the anticipated order
and timing of the various Filings. The Phase 0 Improvements identify the general actions
anticipated to be taken in order to reclaim the site in preparation for development. The
figure for each Filing identifies the lots and tracts to be platted in the Filing along the
improvements necessary to support development of homes within the Filing.
C-1
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PREREQU!S!IE IMPROVI:MEm'S•
• I~PROVE~E"TS OESCRIBfll FOR Flc>"G 1 Sfiii1.L BE
COMPL£Tm PRIOR TO INITIATING lHE Oh5r!E
I~PROVEMEO<ffi ASSOCIATED WIIH flUNG IB
OF'FSifE IMPRO'IE~ENTS:
• NONE
ONSI!E IMPROVI:MEO<TS-
• APPROJ<Ir.IA'!ELV ••o UN!:OR FEET OF AI.LE'< FOR TRACT
AD #10 SEll-VICE CONNECifONS FOR WA11R OISmiSUTION
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IAAOS!>II'ING.
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TABLE 3 • DEDICATIONS BY FILING
OPEN SPACE OTHER COMMUNITY SPACES
CUMULATIVE I CUMULATIVE
FILING'
OPEN SPACE
AREA(AC.)
3.07
CUMULATIVE~ CUMULATIVE
OPEN SPACE I OPEN SPACE OPEN SPACE
(%) AREA (AC,) (%)
COMMON AREA ICOMMONAREAICOMMONAREA
(AC.)' (%) (ACl
COMMON
AREA(%)
20.5%
19.6%
19.4%
18.2%
17.2%
13.3%
PARKS(AC.)
5.59
000
PARKS(%)
16.0%
0.0%
0.0%
0.0%
0.0%
24.4%
CUMULATIVE CUMULATIVE
PARKS(AC.) PARKS(%)
CUMULATIVE
COMMUNITY
AREA(%)
_!_
!-"
' " " ' •
" ;
M
0,00
1.69
0.00
0.00
7.03
"" 0.00
3.15
000
8.8%
0.0%
14.0%
0.0%
0.0%
35.0%
34.3%
0.0%
~"
0.0%
6 16.12 422%
EXCLUDES NEIGHBORHOOD CENTER
'INCLUDES GARDEN/ORCHARD AREA
'LISTED IN PROPOSED PHASING SEQUENCE
TABLE 4. LANDSCAPE AREAS AND ST ANDARDS1
nonn--
IAH, AN,AP, AQ, AU, 88, BH1, BH2, BN, B
'" C, AE, AL, AT,AV, AY, AZ, 80, BE, BF. BG, BK,
l, BQ, BR, BS, BT, BU, BV, CD
I'"' ~!1,AK1,
,RG,KH(ANDADl. I
SHALl BE SUBMITIEDTO
3.07
3.07
4.76
4.76
4.76
11.79
21.23
21.23
24,31!
24.31!
••
8.8%
8.4%
~
~
~
15.7%
20.7%
20.1%
~
20.2%
25.4%
ENIORCKARD LANI
YLA.NOSCAPESTt
IORHOOD CENTER
LANDSCAPE STAN I
RIGHT-OF-WAY l
7.18
0.00
2.27
0.00
0.00
0.53
w
0.00
3.51
0.00
1.64
TRACTVIILL BE LANDSCAPED AS PART OF THE SUBDIViSION IMPROVEMENTS REQUIRED. COUNTY MAY APPROVE OR DENY A FINAL
PLAT BASED ON COMPLIANCE \'liTH THE LANDSCAPE STANDARDS, IT MAY, BUT HAS NO OBLIGATION, TOENFORCETHOSE STANDARDS
AS THAT SHALL BE THE RESPONSIBILITY OF THE POA.
I I 3 I
20.5%
~
16.8%
0.0%
0.0%
2.6%
6.4%
0.0%
24.9%
0.0%
4.3%
2J!
7.18
9.45
9.45
9.45
9.97
11.74
11.74
15.25
15.25
16.89
11.5%
11.1%
128%
126%
10.6%
0.00
0.00
0.00
4.S9
2.46
000
0.00
0.00
'"
8.9%
0.0%
00%
0.0%
109%
5.59 16.0%
5.59 15,3%
559 11.5%
559 10.8%
559 10.2%
10.48 14,0%
12.93 12.6%
1293 12.3%
1293 108%
12.93 10.7%
1708 10.7%
.,.
~"
40.7%
38.2%
36.1%
~0%
44,8%
43.5%
MO%
~"
46.8%
TABLE 5 ·LOTS BY FILING, AFFORDABLE HOUSING, AND CONSTRUCTION SCHEDULE (PROPOSED PHASING SEQUENCE) I I LOTS BY FILING I AFFORDABLE~~~.~.~~MARY ~ I lOTSB AFFORDABlE lOT SUMMAR'
-------Ai'iVE
FILING ESTATE'
'
WWN
AFFORDABlE I SCHEDUlE OF
VIllAGE I ATTACHED' I GARDEN HOMES' I AFFORDABLE I (%) PLATTING 2
" T
" " -,-
•
" -.-
"' "
0
0
0
0
0
INCLUDES EXECUTIVE LOT
'PROPOSED PLATTING SCHEDULE
'" ' ' " " " «
" • " iG"7
'TOTALS INCLUDE LOTS DESIGNATED AS "A' AND 'B'
TABLE NOTE
'~"~ ~. , mu 5 E>'JI!.O£UO FHO~ PUD PLAN.
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5
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0.~%
'1"8:i'%
12.0%
30.1%
26.1%
'212%
16.7%
15.5%
14.1%
1ii:ii%
15.0%
15.0%
I
2G14
2014
2015
2ii'ffi
2016
2iJ1T
2018
2019
'"'" 202~
~
2014-2021
I 8 _l 9 _l
PLAN NOTES
I. COIIIROU.HG llOCIMJdS: ~IS PRELIMIN.Oil'l PLAN 15 SUPPO!!!ED AND CONlllOLL£0 BY TI£ PUO PLAN,
PUO OMLOPr.IENT CUIOE FOR RI\IER EDGE COLORADO (PUD GUIDE). THE DWJRATION OF CO\IENANTS,
CONDTilONS AND RESTlliCTIONS FOR Rr.IER EDGE COLOI!AOO (CCRS}; #10 PROJECT OOCU~ENTS IOEN11~£D
vnlHIN ~E PliO GUIDE SfW..L CONTROL TliE R~ OF EACH FJNAI. PtJT.
2. S1'MIWI(IS: TliE STANOARDS AN0 REQUIR{MENTS CONTAIN£[1 IN TliE APffiOVEO PliO PLAN, PUO GUIDE
AND PROJECT DOCI.II.ImTS #10 ARTIClE V OF THE UlUR SIW.l CONTROL TliE PL.AillNG OF LANDS l'lmtN
THE RIVER EOGJ: PUO.
l. I'MISIIG: SUBDMSl~ PHASING/PlATIINGo SU80MSICIN PAASING/PLAillNG SIW.L FOUOW SUBilMSlON
flU~ AS IVENTIF!EO HEREON AND PRIWIOEO FOR IN APP!:NOIX C OF THE ruo GUIDE
4. PUll !UN ltDIES: AU. ruo PLAN NOTES SIW.l BE APPLICABLE TO ~E PREU~INo\1!1' PLAN. ALL PUD
PLAN NOTES IIPPLt::ABI.£ 10 A FIIW_ PlAT SIW.L BE IMCWOED AS NOTES ON THE FIIW_ PLAT.
SURVEY NOTES
--·-··---·----. """''noo ""' "<L""'E TO A SEA/liNG Cl' N 89':19'47"\11 ON lliE UNE BETWEEN GARFIEill COUNTY BRASS
CAP AT SE CORNER SEcnON 7 AND GARFIELD COUNTY BRI.SS CAP TO WITNESS CORNER TO S 1/4 CORNER
OF SEcnON 7.
MDffimW_ SURVEY MONU~ENTATION, PINS, TIES Al'lO OTHER SURI'EY COmHOL INFQRIMTION CAN BE FOUM)
ON THE PROJECT ALTA SUR\'E'f MAP_
DATA SOURCES
GARFID.O COUiffi' GEDGJ!APHIC INFORI.IATION S\'STE~. 20!0, (WlllEl.O COUNTY
(VARIOUS SOURCES)
GEOT£CtiNICAL ENGINEERING STUDY, NOVEI.ISER 2010, HP GEOTECH
CAmE CREEK AIID CARBOMJALE TOI'{]GRAPHIC OUAORIIIGLE. UWTEO STATES
GEOLOGK:AI. SURVEY
I'IILOI.IFE Al'lD VEGETATION ASS£SSMENT REPORT, OECEI.IBER 20!0, ROO\'r
I.!OUNT.IJN ECOLOGICAL SERV!CES (VARIOUS SOURCES)
10
II II M'l'.i.ll:l:ll".!.~,~ '1IPWf1~l~ 1-W.~LI+«.I~ H IIIII
Reception~: 812357
12/22/2011 11:26:48 AM Jean Alberico
92 of 127 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
I 8 I I 10
OWNER/DEVELOPER:
~~ r' &'\~~ RNer"EtiEL-1~ge
COLORADO
Carbondale Investments, LLC
7999HWY82.
Carbondale, CO 81623
Phone No:
970.456.5325
CIVIL ENGINEER/PLANNER:
8140 Partners, LLC
PO Box0426
Eagle, CO 81631..0426
Phone No: 866.934,8140
www.8140partners.com
SURVEYOR:
~
~ {1/5(}1
-'UfJH lt-mt 947-9007) .... -..,
LANDSCAPE ARCHITECT:
~
ZEHREN
A~O ASSOCrAT.S. rNC
:.n~r::a.~·:.-:.::·,,;;~w~
KEY MAP:
12/5/ttl PRELIMINARY PLAN-DECEMBER 5, 2011
ISSUE I OATE
PROJECT NUMBER:
PROJECT MANAGER:
DRAWN BY:
CHECKED BY:
SHEET TITLE:
DESCRIPTION
10-001
S. OTERO
C. SNYDER
M. SAWYER
RIVER EDGE COLORADO
PRELIMINARY PLAN
GENERAL NOTES
(2 OF 8)
SHEET NUMBER:
PRPN02.01
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D<lST. ZQ' OPEJI SPACE CONSER'/AllQN EASE~ENT. BOOK
----~------._----'fl 1 \ . ' '
114~ AT PAGE I AAIENl\ED B'r BOO~ 1217. PAGE 59]~
RESIDENTIAL
SUBURBAN
'(VACANT)
""---sECT!ON UNE ~~~ '\l. \ .· '·
EX1ST. 50' OPEN SPACE EASE~!:NT Boct< 1143 AT 'i ~-'. \ ~
PAGE I A\IENOEQ B'r BOOK 1;117 PAGE 59.3 ~ 1\(!ll \
I \~ 1 \(\~-' \
EXIST. RAILRilA!l COR!liDOR BETWEEN SANDERS RANC~ NOI<TH I I ' '' \ · .. _ \' I
PRO?ffil'f LINE (MP 367.3) AND S>INDEllS RAI'!CH SOUlH Pf«JPERTY 1 \ '
LINE (MP 36B.77) IS SUBJECT TO LICENSE GRIHT BOOK 1142 AT 1 \ \· \
PAGE 993 AND A\IENDMENT THERETO BOOK 1211 AT PAGE 596 1 ' ~ \
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I '\' . I·
1 1 -THAlL , _ \-x· .. EXlST.BIKE
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SEE
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I NOTES-
PROP. 15' OI!AIW>.(;E & UTiliTY EASEt.!ENT.
:2 PROP. GRAO~G REPRESENTS LIASS OVERLOT GRAOmG.
3 FOil S1'REET TWJCAL SECTIONS, SH SHErr PRPNOJ.(;!.
RESIDENTIAL
SUBURBAN
(VACANT)
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(FRONT)
!
'
"A" LOT I 'B" LOT
i
(REAR)
TYPICAL TWO-UNIT
DWELLING LOT
SCALE: ., •••••
NOTE:
cor uNt
LOTS IDENJlFIED HEREON AS DEPICTED A80'1/E PROVIDE FOR
THE PLJ\C£1.1Etif OF A TWO-UNIT !lWELLIIlG OR ONE-UNIT
0'1/ELUNG. AT ll~E OF FINAL PlAT FOR THE FILING, lliE
LOIS SO IOENllFIEO I,IAY BE PLJ>.TTEil AS A SINGLE LIJI
AND SUBSEOIIEiffi.Y OMDEll BY A\IEI1DED PLAT PURSUANT
TO TtU: ULUR TO AOOJYMOOATE A TWO-U'IIT DWELL~G
WITH ONE UNIT BEtNG P!JICED ON EACH OF THE "A" I.NO
"8" LOTS SUBJECT TO A PARTY WALL AGREEl!M
ALTERiti.JM:LY 1\!iERE THE OESIGNAllil 'A" AND "B" LOTS
ARE TO I.CCOMYODATE A SINGL£-UNIT DWW.lNG, THE "A"
AND tl" LOTS SII/IU BE CREATED AT TI~E OF FINAL PlAT
FOR THE FILING.
N
~
0 100
" PROPERTY ZONING
DISTING lUNIN~: Pl.ANNEll UNIT DE'IElOPMENT (PUD).
UTI! ITY SOl JRCES
POTABLE n"""'
';miTARY SEWER'
ELECTIHCII'I·
NATURAL GAS·
TELEPHONE:
RAW WATER IRiliGATION·
ROARI'IG FORK WATER AND SANITARY mSJRICT
ROARI'IG FORK WATER AND SANITARY DISTRICT
HOLY CROSS
SOURCE GAS
CEHTURYI.INK
RII/ER EOCE PROI'ERTY OWNERS ISSOCLO.TIDN. INC
(FRONT)
5"WEMENT I ~LOTUNE
~-,-----r-v
I I
ffil 13
--1 ~ 1--_, ~ 1-
"': :"' ...l _____ .1_
E· EASE~ENT'
(REAR)
TYPICAL LOT UTILITY
& DRAINAGE EASEMENTS
SCAlE: ~-·-~
NOTE:
'ALL DIMENSIONS AAE TYPI~ UNL[SS
NOTED orn~SE IN THE PLJ.IIS
'5" EASEMENT IM:RE Rf.AR LOT UNE IS
RIGHT -OF-WAY TllACT, INCLUDING ~DEN
HOME LOTS
LEGEND
ENVIRONI.4ENTAL FEATURES
~
iil
r•.·.·<·.·•·l
f§l§ZI
V+'+l = = ~ ~
EXIST. SlOPES GREATER TJiO.N :W:l:
GI:Of!O.lNitl BUFF£1! AREA
SlOPE INSTA81LITY AREA
EXIST. CONSER\IATION EASE~ENT
HEilON PllOTECliON AAEA
HERON ACTMTY AAEA
20" CONSER"'AT~ EASEMENT ACCESS CONTllDL AAEA
EXIST. 1\En..ANOS
EXIST. FLOODPL.A114 ll~ITS
OTHER FEATURES OR PLAN INFORMATION
E0
'~·;-
EXIST. BUIL.DlNG
EXIST. Gl.[N\1000 OITCH
PRoP. LOT/TRACT UN!:
PRoP. BLOO< BOUNDARY
PROP. FlUNG 80UNDAilr
EXIST. 6: PROP. EASEI.IWT UNE
EXIST. PR!JPIJITY LINE (PROJECT LIMITS)
EXIST. PROPIJITY LINE
EXIST. TOWNSHIP UNE
EXIST. SECTION UNE
EXIST. ZONING BOUNDAilr
EJ EXIST. COOT R-0-W ~ONUMENT
@ EXIST. PROPERTY f'IN. NO. 5 REBIR & CAP (LS. 2013:1)
0 EXIST. PROPERlY PIN. NO. 5 REBIR & CAP (LS. 22680 U.N.O.)
-$-EXIST. COUWf SUR\IEYOR BRASS C.ol'
PROPOSED unUTIES
SANITAAY SEWER UNE
POTABLE WATER LINE
RAW WATER LINE
STOR~ SEWER UNE
\l.'·\\ f!!!lll
' ~ \\•. SCALE IN FEET
"'\\
1_00 • OI!AINN;;E CH.IMEL
) DI!AINN;;E OI.ITI.ET
I'
\'',
\'-.
J. \ ', ---
)-~ OI!AIN.IGE BOX CULI'EilT
:;!;?~ FIRE HYDIWU
f:J WATER OWJJIY/OEIENHON POND
1111 Ml"o1. II:I:IP"ol.~,~~;,llr,lil'rl~l~ ~ ~IW liM,~~~ II II I
Reception#: 812357
12/22/2011 11:26:48 RM Jean Rlberico
93 of 127 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
~~ -t~"-,~~ Rt\?et Edge·
COLORADO
Carbondale lnvestrnMts, LLC
7999 HWY82 PlloneNo:
970.456.5325
SURVEYOR:
0081623
8140 Partners, LLC
PO Box 0426
Eagle, CO 81631..0426
Phone No: 866.934.8140
www.8140partners.com
LANDSCAPE ARCHITECT:
~
ZEHREN
ANO >SSO~IAHS.IHC
r:?:Nr:~·:.;-;::·,;a:~~\il
KEY MAP:
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Carbondale Investments, LLC
7999 HWY82 Phone No:
970.456.5325
CIVIL
SURVEYOR:
KEY MAP;
8140 Partners, LLC
PO Box0426
Eagle, co 81631..0426
Phone No: 866.934.8140
www.B140partners.com
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ZEHREN
ANO ASSOCI~HS, INC
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Reception~: 812357
12/22/212111 11:26:48 RM Jean Rlberico 95 of 127 Reo Fee:$121.121121 Doc Fee:121.121121 GRRFIELD COUNTY CO
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SURVEYOR:
KEY MAP:
8140 Partners, LLC
PO Box0426
Eagle, CO 81631..0426
Phone No: 866,934.8140
www.8140partners..com
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PRELIMINARY PLAN
(5 OF 8)
NUMBER:
PRPN03.03
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Reception#: 812357
12/22/2011 11:26:48 RM Jean Alberico
96 of 127 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
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2 TWO 10' TRAVEL LANES AND ON-STREET PARKING ON BOTH SIDES OF THE STREET.
3 TWO 10' TRAVEL LANES AND 2' SHOULDERS.
4 TWO 1 0' TRAVEL LANES. ---1TYPICAL 5" EASE~ENT WHERE TRI.CTS AND LOTS
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OWNER/DEVELOPER:
r~~ Ri\ler Ettge ·
COLORADO
Carbondale lnvesbnents, LLC
7999HWY82
Carbondale, CO 81623
Phone No:
970.456,5S25
CIVIL ENGINEER/PLANNER:
8140 Partners, LLC
PO Box0426
Eagle, CO 81631..0426
Phone No: 866.934,8140
www.8140partners.eom
SURVEYOR:
727 Blah~ A''"'"" Gt""'wac" Sprin~~ Catccoda 8161H
(970) 9.28-9708 (r"x 947-9007} xor-tn--=
LANDSCAPE ARCHITECT:
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AND ASSDCIAOES, INC
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12/5/111 PRELIMINARY PIJ,N-DECEI.tBER 5, 2011
ISSUE I DATE I DESCRIPTION
PROJECT NUMBER:
PROJECT MANAGER:
DRAWN BY:
CHECKED BY:
SHEET TITLE:
10-001
S. OTERO
C. SNYDER
M. SAWYER
RIVER EDGE COLORADO
PRELIMINARY PLAN
(6 OF 8)
SHEET NUMBER:
PRPN03.04
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12/22/2011 11:26:48 ~M Jean ~lberico 97 of 127 Rec Fee:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO
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OWNER/DEVELOPER:
---P~ ~i~ Ed~~e
COLORADO g
carbondale Investments, LLC
7999 HWY82
Carbondale, CO 81623
Phone No:
970.45&.5325
CIVIL ENGINEER/PLANNER:
8140 Partners, LLC
PO Box04Z6 ~j 1'1!~ Eagle, co 81631-0426
Phone No: 866.934.8140
w-.8140partners.com
SURVEYOR:
LANDSCAPE ARCHITECT:
KEY MAP:
PLAN
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1\ND~SSOCIATES. INO,
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12/5/11 PRELIMIW.RY PLAN-DECEMBER 5, 2011
ISSUE DATE DESCRIPTION
PROJECT NUMBER:
PROJECT MANAGER:
DRAWN BY:
CHECKED BY:
SHEET TITLE:
10-001
S. OTERO
C. SNYDER
M. SAWYER
RIVER EDGE COLORADO
PRELIMINARY PLAN
TRACTS AD, AJ, AK, BC, BM
(7 OF 8)
SHEEr NUMBER:
PRPN04.01
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Reception~: 812357
12/22/2011 11:26:48 RM Jean Rlberico 98 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
'
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TRACT AD. AJ & AK PLAN
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8140 Partners, LLC
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Phone No: 866.934.8140
www.B140partnen;.com
727 Blck~ A""""~
Gi""wDa<l Spf'<flgs, Col<m>"O 81501
(970} 928-97DB (Fa~ !141-9007)
fo~/w->#.CDm
LANDSCAPE ARCHITECT:
f4'
ZEHREN
~~~~t~':~1it1fu
RIVER EDGE COLORADO
PRELIMINARY PLAN
TRACTS AD, AJ, AK, BC, BM
(8 OF 8)
SHEET NUMBER:
PRPN04.02
1111 MI".I.I':I:IP".I.~,U',~UIW~I~~\I,~'.Ij',M1 ~~~~ IIIII
Reception~: 812357
12/22/2011 11:26:48 RM Jean Rlberico
99 of 127 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
EXHIBITD
1111 M\".1. ~~VIII~Jwll"l\rflr!KI'tl! ,l'llr,l-lrl".W,~'~ IIIII Reception~: 812357
12/22/2011 11:26:48 RM Jean Alberico
100 of 127 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
IDVEREDGECOLORADO
PHASE 0 IMPROVEMENT AGREEMENT
THIS RIVER EDGE COLORADO PHASE 0 IMPROVEMENT AGREEMENT (this
"Agreement") is made and entered into this _ day of ________ , 2011, by and
between CARBONDALE INVESTMENTS, LLC, a Texas limited liability company registered
to do business in Colorado ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a
body politic and corporate, directly or through its authorized representatives and agents (the
"County"). The County and Owner may hereinafter be referred to collectively as the "Parties."
Recitals
A. Owner is the owner and developer of the approximately 160 acre property located
along State Highway 82 ("SH 82") between the City of Glenwood Springs and the Town of
Carbondale near the junction of County Road 110/113 ("CR 113") and SH 82, which property is
legally described on Exhibit A, attached hereto and incorporated herein (the "Property").
B. By Resolution No. L[ __ ___,], dated'-[ __ _,], 2011, and recorded at Reception
No. '-----' in the real property records of the County, the Garfield County Board of
County Commissioners (the "Board") approved the River Edge Colorado Planned Unit
Development and the River Edge Colorado Planned Unit Development Guide (collectively, the
"REC PUD"). The REC PUD contemplates attached and detached single-family residential
uses, community service uses, passive and active recreational uses, open space, limited sand and
gravel mining uses, and limited agricultural uses (the "Project").
C. By Resolution No. L[ __ _,],dated L[ ___ _,], 2011, and recorded at Reception
No . ._ ___ _j in the real property records of the County, the Board approved the River
Edge Colorado Preliminary Plan.
l
1111 W• MlVIII .. ~Il'ol!lltlir MfWII.,Iftl'r:lrW .. r.~'~ IIIII
Reception~: 812357 .
12/22/2011 11:26:48$A0MOOJeDan AFlb~Or>oOoO GnRFIELD COUNTY CO 101 of 127 Rec Fee: . oc ee. . ~
D. In order to prepare the Property for development of the Project, Owner proposes
to construct and install the grading, landscaping, and storm water improvements identified in
Exhibit B, attached hereto and incorporated herein (as further described on Sheets LA05.01,
RP01.01 to RP01.04, C05.01 to CP05.02, DR01.01 to DR01.04, DR03.01, B01.01 to B01.04,
SW06.01 to SW06.03, SW07.01, CP01.01 to CP01.04, ES02.01 to ES02.04, ES03.01 to
ES03.04, and ES05.01 of the REC PUD), and to perform on the Property pre-construction
materials processing and storage (collectively, the "Site Improvements"). These activities are
referred to as the Phase 0 Improvements in the PUD Guide at Appendix C, incorporated into
Resolution No. L[ ___ _,], and must be performed before Owner can commence with the
remaining 11 phases of development as further described in the PUD Guide.
E. In order to facilitate development of the Project, Owner anticipates entering into
agreements with third-party service providers or third-party govermnental or quasi-govermnental
entities ("Third Party Entities" and each, a "Third Party Entity") including, without
limitation, the Roaring Fork Transit Authority ("RFTA"), the Thompson Glen Ditch Company
(the "Ditch Company"), and the Colorado Department of Transportation ("CDOT"), which
agreements ("Third Party Agreements" and each, a "Third Party Agreement") will provide
for, among other things, the construction and installation of the improvements identified in
Exhibit C, attached hereto and incorporated herein, and the RFWSD Improvements (defined
below) (collectively, the "Third Party Improvements").
F. On October 18, 2011, the Board of Directors of the Roaring Fork Water and
Sanitation District voted to approve that certain Roaring Fork Water and Sanitation District,
Carbondale Investments, LLC, and Garfield County Commercial Investments, LLC Pre-
Inclusion Agreement, which agreement provides for the construction and operation of certain
2
1111 WP".1. MIIJYI~~I!!IIrl\f ~~rt\1 ,lr.t\:IWIW.~"' IIIII
Reception~: 812357 .
12/22/2011 11:26:48$~M~rnJeDaonc FOel~~~1 ~0 G~RFIELD COUNTY CO 102 of 127 Reo Fee: ou.ouou · ·
water and sewer improvements to facilitate the development of and to serve the Project
(collectively, the "RFWSD Improvements").
G. A grading permit (the "Grading Permit") will be required prior to Owner's
commencement of the Site Improvements. Owner anticipates applying to the County for
approval of the Grading Permit on or before the end of 20 12; however, the Parties acknowledge
that Owner may be required, prior to commencement of the Site Improvements, to obtain
approvals from Third Party Entities of Owner's plans for some of the Third Party Improvements.
Such plans could impact the design and construction of the Site Improvements. As such, the
Parties acknowledge that Owner cannot provide a date certain for submittal to the County of the
Grading Permit application.
H. As a condition of approval of the REC PUD, Owner must provide the County
with financial security to guarantee the Owner's performance of the Site Improvements as set
forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises contained herein, the County and Owner agree as follows:
Agreement
1. INCORPORATION OF RECITALS. The Parties agree that the aforesaid recitals are
true and correct, and those recitals are hereby incorporated into the body of this Agreement.
2. OWNER'S PERFORMANCE OF IMPROVEMENTS.
a. Site Improvements. Owner shall, at its expense, including payment of fees
required by Garfield County and/or other governmental or quasi-govermnental entities with
jurisdiction over the Site Improvements, cause the Site Improvements to be constructed and
installed in accordance with this Agreement. Owner shall submit to the County with its
application for the Grading Permit detailed plans for the Site Improvements (the "Construction
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Plans") including the locations of the proposed activities, best management practices, standards
for materials processing, standards for dust control, noise control, and hours of operation, and a
schedule for completion of the Site Improvements (the "Construction Schedule"). The
Construction Schedule shall provide the date by which the Site Improvements will be completed
(the "Completion Date"). Prior to fmal issuance of the Grading Permit, Owner shall present the
Construction Plans, Construction Schedule, Completion Date and proposed form of Security to
the Board of County Commissioners for review and approval at a regularly scheduled public
meeting.
b. Third Partv Improvements. The Third Party Improvements shall be
constructed and installed in compliance with all requirements, standards, and timeframes set
forth in the applicable Third Party Agreement, and any other applicable laws and regulations.
The Parties acknowledge and agree that construction of the Third Party Improvements may occur
ahead of, concurrently with, or subsequent to the Site Improvements; however, construction and
operation of the Third Party Improvements shall be governed by the applicable Third Party
Agreement and are not subject to the terms and conditions of this Agreement.
3. SECURITY FOR SITE IMPROVEMENTS.
a. Security. As security for Owner's obligation to complete the Site
Improvements, Owner shall deliver to the County, prior to issuance of the Grading Permit, a
form of financial security deemed adequate by the County and payable to the County (the
"Security"). The Security shall be in an amount equal to the estimate of the cost to complete the
Site Improvements, plus an additional ten percent (10%) of such estimate, as set forth and
certified by Owner's professional engineer licensed in the State of Colorado (collectively, the
"Cost Estimate"). The Cost Estimate shall be submitted to the County with Owner's application
for the Grading Permit. The Security shall be valid for a minimum of six ( 6) months beyond the
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Completion Date (the "Expiration Date"). Notwithstanding anything to the contrary contained
in this Agreement, the costs of and associated with the Third Party Improvements shall not be
included in the Cost Estimate and Owner shall not be required to provide the County with
Security for the Third Party Improvements provided that any such Third Party Improvements are
otherwise secured, and proof of such security is provided to the County, prior to commencement
of construction of the same pursuant to a Third Party Agreement. Should Owner fail to
adequately secure the Third Party Improvements through a Third Party Agreement, Owner will
be required to update the Cost Estimate and provide the County with adequate Security for such
Third Party Improvement, prior to commencement of construction of the same.
b. Extension of Expiration Date. If the Parties agree by written amendment
to this Agreement pursuant to paragraph 11 below, to an extension of the Completion Date, the
time period for the validity of the Security shall be similarly extended by Owner. For each
individual extension that is in excess of six (6) months, at the sole option of the County, the cost
of completion of the remaining Site Improvements shall be subject to re-certification by Owner's
engineer and review by the County. To the extent the cost of completion of the Site
Improvements, plus an additional ten percent (10%) of such cost for contingencies, differs from
the face amount of the remaining Security, the amount of such Security shall be adjusted
upwards or downwards, as appropriate.
c. Partial Releases of Securitv. Owner may request partial releases of the
Security in an amount equal to $50,000 or greater by submitting to the Garfield County Building
and Planning Department a "Written Request for Partial Release of Security," in the form
attached to and incorporated by this reference as Exhibit D (each a "Partial Release Request").
Each Partial Release Request shall be accompanied by Owner's engineer's stamped certificate of
partial completion of the Site Improvements ("Engineer's Certificate of Partial Completion"),
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which certificate shall state that the Site Improvements have been constructed in accordance with
the requirements of this Agreement and the Construction Plans, and Owner's engineer's revised
cost estimate to complete the Site Improvements. The County shall authorize successive releases
of portions of the Security as portions of the Site Improvements are certified as complete, and
such certification has been approved by the County.
d. County Inspection. Upon Owner's submission to the County of a Partial
Release Request with the required Engineer's Certificate of Partial Completion, the County may
inspect the Site Improvements certified as complete, or request that a third-party engineer inspect
the Site Improvements on behalf of the County, to determine whether the improvements have
been constructed in substantial compliance with this Agreement and the Construction Plans,
subject to the following:
1. The County shall have fifteen (15) business days from the County's
receipt of the Partial Release Request (the "Initial Inspection Period") to (1) conduct an
initial inspection of the Site Improvements identified in the Partial Release Request and
(2) furnish a letter of potential deficiency (a "Deficiency Letter") to Owner if the County
determines that all or a portion of the subject improvements are potentially deficient.
n. In the event the County fails to provide Owner with a Deficiency
Letter on or before the expiration of the Initial Inspection Period, the Site Improvements
identified in the Partial Release Request shall be deemed approved and the County shall,
on or before ten (1 0) business days after the expiration of the Initial Inspection Period,
authorize the release of the amount of Security attributable to such improvements less
expenses incurred by the County for the services of a third-party engineer engaged to
inspect the Site Improvements.
m. If a Deficiency Letter is timely issued and the Deficiency Letter
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identifies potential deficiencies with soine, but not all, of the Site Improvements that are
identified in the Partial Release Request, then the Site Improvements that are not
identified as potentially deficient shall be deemed approved by the County, and the
County shall, on or before ten (1 0) business days of issuing the Deficiency Letter,
authorize the release of the amount of Security attributable to the Site Improvements
deemed approved less expenses incurred by the County for the services of a third-party
engineer engaged to inspect the Site Improvements.
IV. With respect to Site Improvements identified as potentially
deficient in a Deficiency Letter, the County shall have thirty (30) business days from the
date of issuance of the Deficiency Letter (the "Final Inspection Period") to (1) complete
its inspection (a "Final Inspection") of the applicable Site Improvements and (2) provide
written confirmation to Owner of any deficiencies. If, upon completion of a Final
Inspection, the County finds that any Site Improvements identified as potentially
deficient in a Deficiency Letter are complete, the County shall, on or before ten (1 0)
business days after expiration of the Final Inspection Period, authorize the release of the
amount of Security attributable to the completed Site Improvements less expenses
incurred by the County for the services of a third-party engineer engaged to inspect the
Site Improvements. If, upon completion of a Final Inspection, the County concludes that
any Site Improvements are deficient, the County shall provide Owner with a list of the
deficiencies found and the steps Owner must take to correct such deficiencies. Upon
Owner's completion of such steps, Owner may submit to the County a Partial Release
Request for the subject improvements and the County shall thereafter inspect and approve
such Site Improvements, and, if approved, shall authorize the release of the Security
attributable thereto, in accordance with the timeframes and procedure set forth in
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paragraph 3.d of this Agreement and less expenses incurred by the County for the
services of a third-party engineer engaged to inspect the Site Improvements.
v. No Security attributable to any Site Improvements determined to
be deficient shall be released to Owner.
e. Final Release of Security. Upon completion of all Site Improvements,
Owner shall submit to the Building and Planning Department a "Written Request for Final
Release of Security" in the form attached to and incorporated herein as Exhibit E (the "Final
Release Request"), along with Owner's engineer's stamped certificate of final completion of the
Site Improvements ("Engineer's Certificate of Final Completion"). Upon the County's receipt
of the foregoing, the County, or a third-party engineer on behalf of the County, shall inspect and
approve any Site Improvements not previously deemed complete, and authorize the release of the
Security attributable thereto, in accordance with the timeframes and procedure set forth in
paragraph 3 .d above and less expenses incurred by the County for the services of a third-party
engineer engaged to inspect the Site Improvements. At such time as all Site Improvements
required under this Agreement are deemed or determined by the County to be complete (the
"Determination of Final Completion"), the amount of the Security shall be reduced to an
amount equal to the sum of (i) an amount for the cost of revegetation (the "Landscaping
Improvements"), which amount shall be agreed to by the Owner and the County, upon input
from the Vegetation Management Department, at the time the Board of County Commissioners
approves the Construction Plans and proposed form of Security; and (ii) one-hundred percent
(100%) of the cost required to remove and restore any stockpile areas (the "Stockpiles") that are
located on the Property at the time of the Determination of Final Completion (collectively, the
"Reduced Security"). The County shall, on or before ten (1 0) business days after the
Determination of Final Completion, authorize the release to Owner of any and all remaining
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Security except for the Reduced Security, less expenses incurred by the County for the services
of a third-party engineer engaged to inspect the Site Improvements.
f. Countv Completion of Site Improvements and Other Remedies. If the
County determines, in its reasonable discretion, based on a Final Inspection that any or all of the
Site Improvements identified in a Partial Release Request or Final Release Request (i) are not
complete and (ii) cannot by satisfactorily completed by Owner by the Completion Date, then the
County may withdraw and employ from the Security such funds as may be necessary to
construct the Site Improvements, up to the remaining face amount of such Security. In such
event, the County shall, prior to requesting payment from the Security, make a written finding
regarding Owner's failure to comply with this Agreement in accordance with the provisions of
Section 13-106 of the Garfield County Unified Land Use Resolution of 2008, as amended
("ULUR"). In lieu of or in addition to drawing on the Security, the County may bring an action
for injunctive relief or damages for Owner's failure to adhere to the provisions of this Agreement
regarding Site Improvements. Notwithstanding the foregoing and any other provision of this
Agreement to the contrary, the County shall provide Owner an opportunity to cure any identified
deficiency(ies) or violations of this Agreement as set forth in paragraph 5, below, prior to
requesting payment from the Security, initiating the forfeiture procedures set forth in Section 13-
I 06 of the ULUR, filing for injunctive relief or damages, and/or seeking any other remedy at law
or in equity.
g. Warranty for Stockpiles. Owner shall provide to the County with its
application for the Grading Permit a plan for the establishment, operation, maintenance, and
removal of Stockpiles located on the Property (the "Stockpile Management Plan"). Owner
shall be responsible for establishing, operating, maintaining, and removing the Stockpiles in
accordance with the Stockpile Management Plan. From the Determination of Final Completion
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until approval of a final plat for the first phase of the Project (the "Stockpile Warranty
Period"), the County may, if it reasonably determines that Owner is not complying with the
Stockpile Management Plan, withdraw and employ from the Reduced Security such funds as
may be necessary to properly maintain the Stockpiles. In such event, the County shall, prior to
requesting payment from the Reduced Security, make a written finding regarding Owner's failure
to comply with this Agreement in accordance with the forfeiture provisions of Section 13-106 of
the ULUR; provided, however, the County shall, prior to initiating the forfeiture procedures set
forth in Section 13-106 of the ULUR, provide Owner an opportunity to cure any identified
deficiency(ies) or violations of the Stockpile Management Plan as set forth in paragraph 5 of this
Agreement. On or before ten (10) business days after the expiration of the Stockpile Warranty
Period, the County shall authorize the release to Owner of the remaining Reduced Security
attributable to the Stockpiles.
h. Revegetation Review and Notice of Deficiency. For a period of two (2)
years from the Determination of Final Completion (the "Landscaping Warranty Period"), the
County may, if it reasonably determines that Owner is not maintaining the Landscaping
Improvements in accordance with the Revegetation Standards (defined below), withdraw and
employ from the Reduced Security such funds as may be necessary to properly maintain the
Landscaping Improvements; provided, however, the County shall, prior to initiating the
forfeiture procedures set forth in Section 13-106 of the LUR, provide Owner an opportunity to
cure, as set forth in paragraph 5 of this Agreement, any identified deficiency(ies) or violations of
the Revegetation Standards. At the expiration of the Landscaping Warranty Period, the Owner
shall, in writing, request review of the Landscaping Improvements by the Garfield County
Vegetation Management Department. Such review shall be for the purpose of verification of
success of revegetation and reclamation in accordance with the Garfield County Weed
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Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the
Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the revegetation
plan provided to the County by Owner with its application for the Grading Permit ("Revegetation
Standards"). If the Vegetation Management Department refuses approval and provides written
notice of deficiency(ies ), the Owner shall cure such deficiency(ies) by further revegetation
efforts, approved by the Vegetation Management Department.
1. BOCC's Completion of Revegetation and Other Remedies. If, upon the
expiration of the Landscaping Warranty Period, Owner's revegetation efforts are deemed by the
County to be unsuccessful, in the reasonable judgment of the County upon the recommendation
of the Vegetation Management Department based upon the Revegetation Standards, or if the
County determines that the Owner will not or cannot complete revegetation, the County, in its
reasonable discretion, may withdraw and employ from the Landscaping Improvements Reduced
Security such funds as may be necessary to carry out the revegetation work, up to the face
amount of such Security. In lieu of or in addition to drawing on the Landscaping Improvements
Security, the County may bring an action for injunctive relief or damages for the Owner's failure
to adhere to the provisions of this Agreement related to revegetation. Notwithstanding the
foregoing and any other provision of this Agreement to the contrary, the County shall provide
Owner an opportunity to cure any identified deficiency(ies) or violations of this Agreement as set
forth in paragraph 5, below, prior to requesting payment from the Security, initiating the
forfeiture procedures set forth in Section 13-106 of the ULUR, filing for injunctive relief or
damages, and/or seeking any other remedy at law or in equity.
J· Single Request for Release of Revegetation Security. At the expiration of
the Landscaping Warranty Period, following receipt of written approval of the Vegetation
Management Department, the Owner may request release of the Reduced Security for the
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Landscaping Improvements and shall do so by means of submission to the County, through the
Building and Planning Department, of a Written Request for Release of Revegetation Security,
in the form attached to and incorporated herein by reference as Exhioit F, along with certification
of completion by the Owner, or Owner's agent with knowledge, and a copy of the written
approval of the Vegetation Management Department. The County shall, on or before ten (1 0)
business days after its receipt of Owner's request for release of the Reduced Security as provided
in this subparagraph j, authorize the release to Owner of the Reduced Security attributable to the
Landscaping Improvements. It is specifically understood by the parties that the Landscaping
Improvements Security is not subject to successive partial releases.
4. INDEMNITY. Owner shall indemnify and hold the County harmless and defend the
County from all claims which may arise as a result of Owner's installation of the Site
Improvements, the Third Party Improvements, and any other agreement or obligation of Owner
related to the Site Improvements required pursuant to this Agreement. Owner, however, does
not indemnify the County for claims made asserting that the standards imposed by the County
are improper or are the cause of the injury asserted, or from claims which may arise from the
negligent or willful acts or omissions of the County or its employees. The County shall notify
Owner of receipt by the County of a notice of claim or a notice of intent to sue, and the County
shall afford Owner the option of defending any such claim or action. Failure to notify and
provide such written option to Owner shall extinguish the County's rights under this paragraph.
Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity
granted to the County by Colorado statutes and case law.
5. BREACH OR DEFAULT OF OWNER. A "breach" or "default" by Owner under this
Agreement shall be defined as Owner's failure to fulfill or perform any material obligation of
Owner contained in this Agreement. In the event of a breach or default by Owner under this
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Agreement, the County shall deliver written notice to Owner of such default, at the address
specified in paragraph I 0 below, and Owner shall have thirty (30) days from and after receipt of
such notice to cure such default. If such default is not of a type that can be cured within such 30-
day period and Owner gives written notice to the County within such 30-day period that it is
actively and diligently pursuing such cure, Owner shall have a reasonable period of time given
the nature of the default following the end of such 30-day period to cure such default, provided
that Owner is at all times within such additional time period actively and diligently pursuing
such cure.
6. BREACH OR DEFAULT OF COUNTY. A "breach" or "default" by the County under
this Agreement shall be defined as the County's failure to fulfill or perform any material
obligation of the County contained in this Agreement. In the event of a breach or default by the
County under this Agreement, Owner shall have the right to pursue any administrative, legal, or
equitable remedy to which it may by entitled.
7. ENFORCEMENT. Subject to paragraph 5 above, in addition to any rights provided by
Colorado statute and the provisions in this Agreement for release of Security, it is mutually
agreed by the County and Owner, that the County, without making an election of remedies, shall
have the authority to bring an action in the Garfield County District Court to compel
enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to
require the County to bring an action for enforcement or to withdraw unused Security. In
addition, subject to paragraph 5 above, the County may, but shall not be required to, pursue any
of its enforcement remedies as applicable, pursuant to Article XII of the UL UR.
8. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of
the Garfield County Clerk and Recorder and shall be a covenant running with title to the
Property. Such recording shall constitute notice to prospective purchasers and other interested
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persons as to the terms and provisions of this Agreement.
9. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be
binding upon and inure to the benefit of the successors and assigns of Owner and the County.
10. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of Owner and the County, identified below, are authorized as contract
administrators and notice recipients. Any notices, demands or other communications required or
permitted to be given in writing hereunder shall be delivered personally, delivered by overnight
courier service, or sent by certified mail, postage prepaid, return receipt requested, addressed to
the Parties at the addresses set forth below, or at such other address as either party may hereafter
or from time to time designate by written notice to the other party given in accordance herewith.
Notice shall be considered given at the time it is personally delivered, the day delivery is
attempted but refused, the day following being placed with any reputable overnight courier
service for next day delivery, or, if mailed, on the third day after such mailing.
TO OWNER:
Carbondale Investments, LLC
5121 Park Lane
Dallas, Texas 75220
Carbondale Investments, LLC
Attn: Rockwood Shepard
7999 Highway 82
Carbondale, CO 81623
Phone: 970.945.2113
With a copy to:
Brownstein Hyatt Farber Schreck, LLP
Attn: Lori R. Baker, Esq.
410 Seventeenth Street, Suite 2200
Denver, Colorado 80203
Phone: (303) 223-1152
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TO THE COUNTY:
Garfield County Building and Planning Department
Attn: Building and Planning Director
I 08 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Phone: (970) 945-8212
11. AMENDMENT AND SUBSTITUTION OF SECURITY. This Agreement may be
modified, but only in writing signed by the Parties hereto, as their interests then appear. Any
such amendment, including, by way of example, extension of the Completion Date or
substitution of the form of security, shall be considered by the County at a public meeting. In
addition, if such an amendment includes a change in the identity of the provider/issuer of
security, due to a conveyance of the Property by Owner to a successor in interest, Owner shall
provide a copy of the recorded assignment document( s) to the County, along with the original
security instrument. Notwithstanding the foregoing, the Parties may change the identification of
notice recipients and contract administrators and the contact information provided in paragraph
10, above, in accordance with the provisions of that paragraph and without formal amendment of
this Agreement.
12. FORCE MAJEURE. Any excusable delay in Owner's construction and installation of
the Improvements, including, without limitation, acts of God, war, terrorism, inclement weather,
labor disputes, building moratoriums or other governmental impositions, abnormal labor or
material shortages, or other similar matters or causes reasonably beyond the control of Owner
shall extend the time period during which this Agreement requires certain acts to be performed
for a period or periods equal to the number of days of such delay.
13. SEVERABILITY. If any covenant, term, condition, or provision of this Agreement
shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of
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such covenant, term, condition, or provision shall not affect any other provision contained
herein, the intention being that the provisions of this Agreement shall be deemed severable.
14. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
shall be deemed an original, and all of which, when taken together, shall be deemed one and the
same instrument.
15. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or
related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this
Agreement shall be construed according to the laws of the State of Colorado.
[Signature Pages Follow J
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IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this
Agreement, the Parties have set their hands below on this day of _____ ,
2011.
OWNER:
By: Nam~e~:7,P.~~~~~~~~~n?
Its:___}_~~~'!!::'[_~~~---
[Acknowledgement Pa
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STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by , an authorized
representative of CARBONDALE INVESTMENTS, LLC, Owner of the Property, this_ day
of , 2011.
WITNESS my hand and official seal.
My commission expires: ___________ _
Notary Public
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EXHIBIT A
Legal Description: A tract ofland composed of three parcels described as follows:
Parcel A (South Parcel):A tract of land situated in the east half of Section 12, Township 7 South,
Range 89 West, and in the west half of Section 7 and in the north half of Section 18, Township 7
South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being
more particularly described as follows: Beginning at a point on the westerly right of way line of
Colorado State Highway 82, whence a 2 112" Brass Cap, found in place and correctly marked as
the southeast comer of said Section 7, bearsS 78°49'20" E a distance of 2150.14 feet; thence,
along said right of way line S 09°35'09" E a distance of 401.79 feet; thence, S 09°35'09" E a
distance of 1545.87 feet; thence, 626.05 feet along the arc of a curve to the left having a radius of
1482.50 feet, a central angle of 24°11 '44" and subtending a chord bearing of S 21°41 '02" E a
distance of 621.41 feet; thence, S 33°46'54" E a distance of 387.28 feet; thence, 294.32 feet
along the arc of a curve to the right, having a radius of 2815.00 feet, a central angle of 5°59'26"·
and subtending a chord bearing of S 30°4 7' 11" E a distance of 294.19 feet; thence, departing
said right of wayline N 89°53'16" W a distance of 218.07 feet; thence, N 40°23'30" W a
distance of 69.38 feet; thence, S 87°28'29" W a distance of 36.35 feet; thence, S 83°52' 12" W a
distance ofl0.80 feet; thence, N 58°27'19" W a distance of 41.45 feet; thence, N 29°51 '31" W a
distance of 8.28 feet; thence, N 24°16'24" W a distance of25.22 feet; thence, N 69°00'53" W a
distance of9.87 feet; thence, S 87°31'44" W a distance of22.60 feet; thence, N 57°25'01" W a
distance of 17.28 feet; thence, N 50°09' 49" W a distance of 26.07 feet; thence, N 46°21' 12" W a
distance of 9.99 feet; thence, N 44°28'05" W a distance of 21.45 feet; thence, N 55°50'08" W a
distance of 49.05 feet; thence, N 56°25'40" W a distance of 49.94 feet; thence, N 68°12'23" W a
distance of 36.45 feet; thence, N 46°54 '04" W a distance of 55.18 feet; thence, N 68°49'21" W a
distance of25.14 feet; thence, N 47°41 '50" W a distance of 78.78 feet; thence, N 30°26'40" W a
distance of24.58 feet; thence, N 25°47'01" W a distance of30.08 feet; thence, N 18°11 '39" W a
distance of34.61 feet; thence, N 30°58'21" Wadistance of29.32 feet; thence, N 21°59'14" W a
distance of27.50 feet; thence, N 30°16'07" W a distance of22.97 feet; thence, N 25°41 '38" W a
distance of 169.44 feet; thence, N 41 °17'39" E a distance of 82.61 feet; thence, N 38°34'52" E a
distance of 15.89 feet; thence, N 34°26'44" W a distance of262.40 feet; thence, N 57°58'09" W
a distance of 102.47 feet; thence, N 53°43'31" W a distance of 105.38 feet; thence, N 55°58'11"
W a distance of 126.13 feet; thence, N 56°14'57" W a distance of 118.42 feet; thence, N
49°16'04" W a distance of 136.33 feet; thence, N 44°30'51" W a distance of 150.05 feet; thence,
N 32°49'55" W a distance of 102.14 feet; thence, N 37°44'19" W a distance of 552.12 feet;
thence, N 18°10'02" W a distance of 47.26 feet; thence, N 27°58'19" W a distance of 109.20
feet; thence, N 35°01'36" W a distance of 71.09 feet; thence, N 4J032'47" W a distance of
152.23 feet; thence, N 40°22'24" W a distance of339.82 feet; thence, N 64°20'53""W a distance
of 34.06 feet; thence, N 45°00'36" W a distance of 52.42 feet; thence, N 44°53 '41" W a distance
of 154.66 feet; thence, N 32°35'48" W a distance of 86.59 feet; thence, N 57°01 '32" W a
distance of44.89 feet; thence, N 30°33'12" Wadistance of85.72 feet; thence, N 37°39'02" Wa
distance of79.09 feet; thence, N 37°32'30" W a distance of63.32 feet; thence, N 20°02'15" W a
distance of33.98 feet; thence, N 39°52'25" W a distance of 42.02 feet; thence, N 25°36'04" W a
distance of 107.17 feet; thence, N 30°34'08" W a distance of 164.72 feet; thence, N 11°39'01"
W a distance of 107.90 feet; thence, N 24°56'06" E a distance of 163.60 feet; thence, N
63°39'33" E a distance of 177.81 feet; thence, N 83°14'43" E a distance of 393.54 feet; thence,
Exhibit A
II II W.1. m.~VIIIIl~l~~,~tr,~.l,.r,~wr~'~ IIIII
Reception#: 812357
12/22/2011 11:26:48 ~M Jean ~lberico
119 of 127 Reo Fee:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO
N 07°15'26" W a distance of 21.79 feet; thence, N 80°51 '11" E a distance of 50.00 feet; thence,
N 89°15'06" E a distance of65.56 feet; thence, N 57°50'04" E a distance of50.12 feet; thence, S
84°51 '15" E a distance of 33.08 feet; thence, S 81 °39'50" E a distance of 89.61 feet; thence, N
56°07'00" E a distance of 26.86 feet; thence, N 07°38'31" E a distance of 27.93 feet; thence, N
37°41 '57" W a distance of 28.06 feet; thence, N 50°00' 15" E a distance of 22.23 feet; thence, N
82°02'30" E a distance of 36.49 feet; thence, S 63°34'38" E a distance of 54.05 feet; thence, S
45°59'58" E a distance of 20.95 feet; thence, S 14°44'20" E a distance of 29.18 feet; thence, S
11°11' 17" W a distance of 26.42 feet; thence, S 14°58'41" E a distance of 30.14 feet; thence, S
43°42'10" E a distance of69.77 feet; thence, S 31°36'59" E a distance of56.76 feet; thence, S
49°38'46" E a distance of 40.12 feet; thence, S 45°30'55" E a distance of 40.88 feet; thence, S
60°16'38" E a distance of 43.39 feet; thence, S 73°16'24" E a distance of 67.60 feet; thence, S
53°05'15" E a distance of 15.86 feet; thence, S 63°37'30" E a distance of 52.31 feet; thence, S
83°28'21" E a distance of 46.95 feet; thence, N 86°20'27" E a distance of 61.04 feet; thence, N
31 °59'09" E a distance of 47.07 feet; thence, N 06°58'38" E a distance of 32.16 feet; thence, N
72°08'07" E a distance of 7.98 feet; thence, S 24°51 '03" E a distance of 72.35 feet; thence, S
41 °52'47'' E a distance of 50.71 feet; thence, S 54°44'21" E a distance of 38.31 feet; thence, S
83°39'39" E a distance of 87.15 feet; thence, S 57°11 '12" E a distance of 77.06 feet; thence, S
41°51' 16" E a distance of 88.65 feet; thence, S 57°39' 13" E a distance of 65.60 feet; thence, S
49°55'38" E a distance of 74.96 feet; thence, S 61 °04'52" E a distance of 43.44 feet; thence, S
71 °46'03" E a distance of 55.45 feet to the point of beginning, containing an area of 85.924
acres, more or less.
Together with Parcel B (North Parcel):A tract of land situated in the east half of Section 12,
Township 7 South, Range 89 West, and in the west half of Section 7, Township 7 South, Range
88 West of the 6th Principal Meridian, Connty of Garfield, State of Colorado, being more
particularly described as follows: Beginning Garfield Connty Surveyor's 2 1/2" Brass, fonnd in
place, and correctly marked as the southeast comer of said Section 7, thence S 49°22' 15" E a
distance of 5479.54 feet to the true point of beginning; thence, S 89°43'30" E a distance of
1005.44 feet to a point on the westerly line of the Roaring Fork Transit Authority Transportation
Corridor Easement; thence, along the westerly line of said EasementS 19°38'52" E a distance of
2644.53 feet; thence, 494.34 feet along the arc of a curve to the right, having a radius of2815.00
feet, a central angle of 10°03'42" and subtending a chord bearing ofS 14°37'01" E a distance of
493.70 feet; thence, S 09°35'09" E a distance of 120.78 feet; thence, departing the westerly line
of said Easement N 65°36' 14" W a distance of 60.45 feet; thence, N 49°54' 1 0" W a distance of
64.72 feet; thence, N 49°54'10" W a distance of86.97 feet; thence, N 48°11 '10" W a distance of
54.30 feet; thence, N 56°47'27" W a distance of 123.97 feet; thence, N 83°47'24" W a distance
of 93.00 feet; thence, N 29°35'31" W a distance of 119.58 feet; thence, N 78°00'43" W a
distance of33.84 feet; thence, S 79°41'48" W a distance of37.80 feet; thence, S 22°57'52" W a
distance of 56.05 feet; thence, S 59°31 '57" W a distance of 45.48 feet; thence, N 82°32'35" W a
distance of28.23 feet; thence, N 59°07'03" W a distance of95.71 feet; thence, N 71 °20'44" W a
distance of 85.73 feet; thence, N 36°43' 10" W a distance of93.22 feet; thence, N 25°39'22" W a
distance of 181.92 feet; thence, N 65°10'24" W a distance of98.43 feet; thence, S 85°02'33" W
a distance of 52.20 feet; thence, S 56°33'52" W a distance of 39.34 feet; thence, S 20°49'33" W
a distance of 42.96 feet; thence S 37°27'43" E a distance of21.60 feet; thence, N 77"02'57" W a
distance of 89.66 feet; thence, S 70°24' 18" W a distance of70.95 feet; thence, N 88°59'39" W a
distance of 55.55 feet; thence, S 84°28'58" W a distance of 49.93 feet; thence, N 14°22'48" E a
distance of 68.20 feet; thence, N 05°11 '46" W a distance of 77.59 feet; thence, N 18°20'05" E a
Exhibit A
1111 WI'"• M~~~~~M~W.tw~~~!ll«l-1~~~~ IIIII
Re~eption~: 812357
12/22/2011 11:26:48 AM Jean Alberico
120 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
distance of 10.82 feet; thence, N 22°53'40" E a distance of 44.14 feet; thence, N 10°34'58" E a
distance of35.11 feet; thence, N 08°59'51" E a distance of 47.16 feet; thence, N 03°48'08" E a
distance of36.48 feet; thence, N 04°40'52" E a distance of71.03 feet; thence, N 07°37'51" E a
distance of54.66 feet. thence, N 29°28'14" W a distance of63.68 feet; thence, N 32°00'44" W a
distance of61.05 feet; thence, N 26°17'29" Wa distance of55.52 feet; thence, N 38°14'36" Wa
distance of 44.36 feet; thence, N 53°11 '32" W a distance of 37.73 feet; thence, N 59°54'48" W a
distance of 54.16 feet; thence, N 87°51 '35" W a distance of 36.97 feet; thence, N 57°33 '47" W a
distance of 65.70 feet; thence, N 81 °56'22" W a distance of 85.02 feet; thence, N 04°11 '29" W a
distance of 158.65 feet; thence, N 35°50'41" W a distance of 41.30 feet; thence, N 54°46'03" W
a distance of24.70 feet; thence, N 28°51'45" W a distance of209.99 feet; thence, N 11°58'37"
W a distance of33.82 feet; thence, N 41"03'46" E a distance of78.19 feet; thence, N 06°29'01"
W a distance of 117.20 feet; thence, N 20°05'27" W a distance of 94.24 feet; thence, N
11 °32'03" W a distance of 63.83 feet; thence, N 07°57' 46" W a distance of 141.45 feet; thence,
N 09°56' 14" E a distance of 50.76 feet; thence, N 19°17'44" W a distance of91.04 feet; thence,
N 44°41 '59" W a distance of 134.55 feet; thence, N 19°23'49" W a distance of 74.18 feet;
thence, N 19°33'06" W a distance of 43.27 feet; thence, N 21 °30'01" W a distance of72.23 feet;
thence, N 00°16'30" E a distance of217.77 feet; thence, N 00°16'30" E a distance of312.94 feet
to the point of beginning, containing an area of73.003 acres, more or less.
Together with Parcel C: A tract ofland situated in the southwest quarter of Section 7, Township
7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado,
being more particularly described as follows: Beginning at a point on the westerly right of way
line of Colorado State Highway 82, whence a 2 112" Brass Cap, found in place and properly
marked as the southeast comer of said Section 7, bearsS 78°01 '43" E a distance of2054.18 feet;
thence, along said westerly right of way lineN 09°35' 1 0" W a distance of 188.14 thence, 282.60
feet along the arc of a curve to the left having a radius of 2915.00 feet, a central angle of
5°33'17" and subtending a chord bearing ofN 12°21'49" W a distance of282.49 feet; thence,
departing said right of way lineS 90°00'00" E a distance of 49.74 feet; thence, S 06°01 '00" E a
distance of 202.70 feet; thence, S 04°34'58" E a distance of 260.70 feet to the point of
beginning, containing an area of 0.234 acres, more or less.
Exhibit A
1111 w.~~V+~~n~~t~II~Lr«rtlll+n:~,~~~~~•lnl
Reception~: 812357
12/22/2011 11:26:48 RM Jean Alberico 121 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBITB
SITE IMPROVEMENTS
ExhibitB
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Reception#: 812357
12/22/2011 11:26:48 RM Jean Alberico 122 of 127 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
3 ' 5 7
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PHASE 0 SITE IMPRQVEMENTS
ONSITE IMPROVEMENTS:
COMPLETION OF SITE GRADING ACTIVITIES (BALANCED
EARTHWORK TOTALING APPROXIMATELY 1.2 MILLION CUBIC
YAROS) INCLUDING PRELIMINARY INVESTIGATIONS
ASSOCIATED WITH HAZARD MITIGATION ACTIONS;
CONSTRUCTION OF THE MAJOR SITE DRAINAGE FACILITIES
(I.E. CONVEYANCE CHANNELS AND WATER QUALITY
PONDS); AND
REVEGETATION OF THE DISTURBED AREAS PER
REQUIREMENTS OUTLINED IN THE REVEGETATION AND
LANDSCAPING PLANS.
NQITS.;
CONSTRUCTION PHASING IS INTENDED TO ONLY IDENTIFY
MAJOR FACILITIES AND ACTIONS BASED ON A
PRELIMINARY LEVEL DESIGN FOR PURPOSES OF
GENERAL UNDERSTANDING AND PROGRAMMING OF
PHASES. MAPS AND LISTS ARE NOT INTENDED TO BE
EXHAUSTIVE.
'0
OWNER/DEVELOPER·
~~ r~'t_;"~~ RiVerEtl:a...-=gre
COLORADO
Carbondale Investments, LLC
7999 HWY 82. Phone No:
970.466.5325 Carbondale, CO 81623
CIVIL ENGINEER/PLANNER:
KEY MAP;
ISSUE I DATE
PROJECT NUMBER:
PROJECT MANAGER:
DRAWN BY:
CHECKED BY:
SHEET TITLE:
8140 Partners, LLC
PO Box0426
Eagle, co 81631-0426
Phone No: 866.934.6140
www.8140partners.com
REC DEVELOPMENT AGREEMENT
DESCRIPTION
10-001
S. OTERO
C. SNYDER
M. SAWYER
PHASEOSITE
IMPROVEMENTS
SHEET NUMBER:
II II Ml'• ~IVIIII3*i""'~IIN ~tr,nw.lri\~!+ollii\Y.~"' IIIII
Reception~: 812357
12/22/2011 11:26:48 AM JeanfAlberico
123 of 127 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBITC
TIDRD PARTY IMPROVEMENTS
Exhibit C
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I \II W.1. M~W~"~.HIQII"'~Iltrl'lr~W!Ir&"Wrlilt~~~~~ IIIII
Reception~: 812357
12/22/2011 11:26:48 ~M Jean ~lberioo
124 of 127 Reo Fee:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO
2 4 6 7 B
PHASE 0 THIRD PARTY IMPROVEMENTS
ONSIT[ IMPROVEMENTS:
RELOCATION OF APPROXIMATELY 900 FEET OF THE
RIO-GRANDE TRAIL IN THE AREA OF THE SITE ACCESS
TO A 100 FOOT GRADE SEPARATED STRUCTURE LOCATED
DIRECTLY TO THE WEST AND PARALLELING THE EXISTING
TRAIL;
CONSTRUCTION ACCESS IMPROVEMENTS AS REQUIRED BY
COOT AND TEMPORARY CONSTRUCTION AT -GRADE ACCESS
OVER RFTA ROW;
RELOCATION Of A 2,90D FOOT SEGMENT OF THE
GLENWOOD DITCH;
~
CONSTRUCTION PHASING IS INTENDED TO ONLY IDENTIFY
MAJOR fACILITIES AND ACTIONS BASED ON A
PRELIMINARY LEVEL DESIGN FOR PURPOSES OF
GENERAL UNDERSTANDING AND PROGRAMMING OF
PHASES. MAPS AND LISTS ARE NOT INTENDED TO BE
EXHAUSTIVE
OFFSITE IMPROVEMENTS NOT SHOWN
9 10
OWNER/DEVELOPER:
r~~ ~:ed--§-=ge
COLORADO
Carbondale Investments, LLC
~99 HWY82 Phone No:
970.456.5325 Carbondale, CO 81623
CIVIL ENGINEER/PLANNER:
KEY MAP:
ISSUE I DATE
PROJECT NUMBER:
PROJECT MANAGER:
DRAWN BY:
CHECKED BY:
SHEET TITLE:
8140 Partners, LLC
POBnx0426
Eagle, CO 81631.0426
Phnne No: 866.934.8140
www.8140partners.corn
REC DEVELOPMENT AGREEMENT
DESCRIPTION
10-001
S. OTERO
C. SNYDER
M, SAWYER
PHASE 0 THIRD PARTY
IMPROVEMENTS
SHEET NUMBER:
II II W.~o ~~VIiii.'IM~,'VII'th H(!ll.ll,llrfW,I'\\'1:~"1 IIIII
Reception~: 812357
12/22/2011 11:26:48 AM Jean Alberico
125 of 127 Reo Fee:$0.00 Doc Fee:O.OO GARFIELD COUNTY CO
EXIDBITD
WRITTEN REQUEST FOR PARTIAL RELEASE OF SECURITY
Board of County Commissioners
Garfield County, Colorado
c/o Fred Jarman, Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: River Edge Colorado Phase 0 Improvement Agreement
This request is written to formally notify the BOCC of work completed for River Edge Colorado
Phase 0 Improvement Agreement. As Owner [On behalf of the Owner], I request that the BOCC
review the attached Engineer's Certificate of Partial Completion and approve a reduction in the
face amount of the Security in the amount of$ , to a reduced face
amount of$ ________________ ___
Attached is the certified original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, less I 0%
Reduced Face Amount of Security
Based on periodic observation and testing, the construction has been completed, to date, in
accordance with the intent ofthe plans and specifications that were reviewed and approved by
the BOCC's representatives and referenced in Paragraph_ of the Improvements Agreement
between the BOCC and the Owner.
If further information is needed, please contact ______________________ , at _________ .
Owner
or
Owner's Representative/Engineer
ExhibitD
II II W.1. Mlh~VII!l'll~,,., Jlil'i.lltt~ l"~~wr,~~~ IIIII
Reception~: 812357
12/22/2011 11:26:48 RM Jean Alberico
126 of 127 Reo Fee:$0.00 Doc Fee:IZJ.00 Gi=IRFIELD COUNTY CO
EXHIBITE
WRITTEN REQUEST FOR FINAL RELEASE OF SECURITY
Board of County Commissioners
Garfield County, Colorado
c/o Fred Jarman, Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: River Edge Colorado Phase 0 Improvement Agreement
This request is written to formally notify the BOCC of work completed for River Edge Colorado
Phase 0 Improvement Agreement. As Owner [On behalf of the Owner], I request that the BOCC
review the attached Engineer's Certificate of Completion and approve a full release of the
Security in the amount of$ ________ _
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the Improvements Agreement and secured by the Security have been
completed.
Also enclosed are the following, required by the Improvements Agreement dated -,-~---:-=--
between Owner and the BOCC, and recorded at Reception No. at the Real Estate
Records of the Garfield County Clerk and Recorder (the "IA''):
1. record drawings bearing the stamp of Owner's Engineer certifYing that all improvements
have been constructed in accordance with the requirements of the IA, both in hard copy
and digital format acceptable to the BOCC; and
2. copies of instruments conveying real property and other interests which Owner was
obligated to convey to the homeowner's association or other entity at the time of Final
Plat Approval.
If further information is needed, please contact ___________ ,, at ____ _
Owner
or
Owner's Representative/Engineer
ExhibitE
EXHIBITF
REQUEST FOR RELEASE OF REVEGETATION SECURITY
Board of County Commissioners
Garfield County, Colorado
c/o Fred J annan, Director
I 08 81h Street, Suite 40 I
Glenwood Springs, CO 81601
RE: River Edge Colorado Phase 0 Improvement Agreement
This request is written to authorize the release of security for the revegetation completed for
River Edge. Colorado Phase 0 Improvement Agreement. As Owner [On behalf of the Owner],
we request that the BOCC review the attached Certificate of the attached written approval from
the Vegetation Management Department indicating that the required revegetation has been
performed in accordance with the Improvements Agreement with the Board of County
Commissioner of Garfield County, Colorado ("BOCC") dated and recorded as
Reception No. of the Real Estate Records of the Garfield County Clerk and
Recorder.
If further information is needed, please contact ____________ , at
Owner
or
Owner's Representative/Engineer
Exhibit F