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HomeMy WebLinkAbout3.00 Response to NTC letter 3.10.11MarEfte COt..DRADC) Rockwood Shepard, Project Executive River Edge Colorado Carbondale Investments, LLC 7999 Highway 82 Carbondale, CO 81623 April 20, 2011 Kathy Eastley, Senior Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Response to NTC Letter River Edge Colorado — PUD/Preliminary Plan Applications Dear Ms. Eastley: This letter and associated attachments are hereby submitted in response to your Completeness Review Letter dated March 10, 2011 and meeting held on March 11, 2011. Each of the attachments will be integrated into the PUD/Preliminary Plan submittal package upon your finding that this response constitutes a complete application. In addition, as you requested at our meeting on March 11, we hereby consent to a necessary extension of not more than thirty (30) calendar days, as provided for by Article 4 of the Unified Land Use Resolution of 2008, as amended ("ULUR"), such that review agencies shall be provided with a comment period exceeding the twenty-one (21) calendar day period provided for therein and by applicable State law. Detailed Responses to Completeness Review Letter: 1. Transmittal Remarks: We appreciate you taking the time to poll review agencies for their preferences concerning the format of the submittal. We will prepare the subsequent copies of the submittal accordingly. 2. Size of Submittal Package: We will duplex all documents where consistent with the content therein. 3. Recorded Statement of Authority: A recorded copy of the Statement of Authority is provided as Attachment A. 4. Water and Sewer Service: The Roaring Fork Water and Sanitation District ("RFWSD") has provided a "can and will serve letter" as requested by Garfield County, which letter is attached as Attachment B. Further, we will remove the RFWSD Rules from the application package as requested and simply refer the reviewer to same on the RFWSD website. 5. Estimated Construction Costs: As requested, we have provided a summary of generalized construction costs and methods of financing as Attachment C. These costs should not be used for the purposes of establishing bonding requirements since these costs are based on built-up unit costs and preliminary design. The cost estimate will be refined at an appropriate level of detail at final design based on the framework we provided in our previous submittal. 6. Application Discrepancy: The totals were not revised when the application was updated. Attachment D represents the revised application correcting the error and providing estimated maximum "commercial" floor areas. 7. Waivers: Waivers are addressed in the Justification Report beginning on page 24. We have added a submittal item titled "Requested Waivers from Standards" to allow you to easily locate this information and have included a copy as Attachment E. It will be added to Binder 1, Tab 1, Item Hof the PUD/Preliminary Plan Application Package. 8. Density Consistency with Comprehensive Plan 2030 and Compliance with Future Land Use Map ("FLUM"): As you noted in your follow up email to our meeting on March 11, "Residential High allows for a maximum of 3 du per 1 acre an the most dense end of the spectrum to 1 du per less than 2 acres at the least dense end of the spectrum. 2.28 units per acre is less than the maximum density of 3 units per acre and more than the minimum density, so once the project area is the same as the subject site the proposed density will fall within the recommended density range for Residential High. That should satisfy the question of compliance with the FLUM." 9. Justification Report: Page 23 and 27 are references to the Garfield County Comprehensive Plan 2030 including the preferences toward clustering (Page 23) and description of Residential High Density (page 27) not to pages 23 and 27 of the Justification Report as your letter seems to imply. Section 1, Item #4 of the Justification Report (pg. 7-11) addresses "Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed rezoning is in compliance with the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development or an amendment to the Comprehensive Pian approved prior to filing a rezoning request." As specifically required by the ULUR including: (1) housing; (2) traffic; (3) rural character; (4) recreation; (5) economic development; (6) environment; and (7) sewer and water. This Item specifically responds to Section 4-201B of the ULUR which is redundant to Section 6- 101B of the ULUR even in title. All the criteria of Section 4-20113 of the ULUR are answered specifically by Section 1 (Items 1-6) of the Justification Report (pages 3-12). We will add additional cross references to assist the reader in locating these discussions. Although we believe that the requirements of Section 6-301C.9.E are fulfilled by the Justification Report, we have provided a written description as Attachment F which pulls key information from the Justification Report into a separate document titled the "PUD Written Description" Response to NTC Letter River Edge Colorado Page 2of3 based upon your request. It will be added to Binder 1, Tab 1, Item B of the PUD/Preliminary Plan Application Package. 10. Plan Maps: We have provided the five (5) summary maps requested (Attachment G). Please note that due to scale, these are less detailed than the plan maps from which they are extracted. The reports submitted as part of the application will continue to reference the detailed maps provided as part of the original submittal. The summary maps will be added to the end of drawing package rather than reordering the maps since they are specifically less detailed than the maps referenced by the reports. 11. Traffic Study: The Traffic Assessment prepared by Fehr and Peers is specifically designed to address access to the site. This assessment supports the overall Impact Analysis completed by 8140 Partners, LLC including required modeling. The elements of construction traffic, improvement fees, access permits, and consultation with Colorado Department of Transportation ("CDOT") identified as deficiencies are provided in the Traffic Section of the Impact Analysis (pg. 107-116). Documentation, in the form of meeting notes and emails, evidencing coordination efforts with CDOT is provided as Attachment H and will be added to the Impact Analysis as Appendix V. As evidenced therein, CDOT has concurred that an access at the proposed location is feasible but detailed assessment and design work will need to be done to permit the access in advance of final plat. In addition to the requested information, Attachment I includes corrected or amended information that will be included in the revised submittal following a determination of completeness. This documentation has been updated based on the recent change in ownership of the remainder of CI's holdings to Garfield County Commercial Investments, LLC. The ALTA has been updated but still includes the entirety of both CI and Garfield County Commercial Investments, LLC properties, as do the existing conditions maps, in order to provide a better understanding of the surrounding and related influences and legal obligations and rights. We look forward to your timely review of this response and your finding of completeness; and anticipate working closely with you to resolve any issues during the subsequent review process. Please do not hesitate to contact me. Sincerely, Rockwood Shepard Project Executive Enc. Response to NTC Letter River Edge Colorado Page 3 of 3 Attachment A— Statement of Authority (Recorded Copy) WI ,FI �f Cigars i 1 IC 3 11111 CONFORMED 4/19/2011 1 80]581 ME IJ 04!1912641 12 2p:a2 PM dean Riheriao M 1 of 1 Rea Fee :St1.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY GOP' Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf ofearbondale investments LXaC, a TEXAS limited liability (corporation, limited liability company, general partnership, registered limited liability 5 partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or A other), an entity other than an individual, capable of holding title 4 - to real property (the "Entity"), and states as follows: E The name of the Entity is Carbondale Investments LLC and is formed under the laws of Colorado I The mailing address for the Entity is 5121 Park Lana, Dallas TX 75220 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Rockwood Shepard, The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as foliows: Norte (if no limitations. "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this b 5jh day of April Signature: Name(typed or printed: Ted R. Sikora II Title (if any;: STATE OF COLORADO CITY AND )SS. COUNTY OF DENVER insert The foregoing instrument was acknowledged before me this 15th day of ,Ar jj by Ted R. Sikora II on Carbondale Investments, LLC , a Texas limited liability company Witness my hand and official seal. My commission expires: C Plaei r,j 9 13 ®® ] (Notary Public, (SEAL} 05/09 Attachment B — Can and Will Serve Letter from Roaring Fork Water and Sanitation District 7 ROARIN[.: 1'onr NVATER & SANITATION 1)ISTRICI' March 14.201 1 Rockwood Shepard Project Executive Carbondale Investmcnts, I.I.0 243 Crescent Lane Glenwood Springs, CO 8'601 Re: Roaring Fork Water and Sanitation District (the "District"): Willingness and Ability to Serve the River Edge Project Dear Mr. Shepard: In connection ■vith the PUD/Preliminary Plan ai)plications for the I 60 -acre River Edge Project (the "Project") pending before Garfield County, this letter confirms that the District is willing and able to serve the Project with adequate potable water and wastewater service for up to 375 I QRs of demand, upon the satisfaction of the following pre -conditions to such service: thc execution by Carbondale and the District of a mutually -agreeable pre -inclusion agreement setting forth the terns and conditions necessary for the inclusion of the Project into the District and thc connection of the sewer and water facilities within thc Project to the District's facilities; and C'arbondale's fulfillment of all of its requirements under such an agreement, which are anticipated to include, among other things, the transfer or dedication of adequate water rights to the District, the installation and dedication to the District of potable water lines and related potable water infrastructure meeting District standards, the construction of a sewage collection system meeting District standards, and the financing of an expansion of the Districts existing wastewater treatment plant. 1'(O IRA 1002 Ci1.i•i39a&Cahlx5 ii'174:2s1ti. CO X10{12 I Et.: (970) 945-2144 • FA\ (97(119b3 -(19S Sincerely. Joe ` Fla°, District Manager Roaring Fork mater and Sanitation District RFWSD Attachment B RFWSD Wi11 Serve Letter 1i1€ i txa.,: P() 1iux 32(e G3_€ .Loon SPRINcifi. CO XI602 -i € i : (E)7O) ti7(;-5008 • Fix (9701876_1944 Attachment C— Preliminary Construction Costs by Filing glo 0 TECHNICAL MEMORANDUM To: Kathy Eastley Garfield County Building and Planning Date: March 28, 2011 From: William 5. Otero, P.E. 8140 Partners, ILC Re: Preliminary Construction Cost Estimate and Project Financing River Edge Colorado This technical memorandum has been prepared to provide a preliminary -level construction cost estimate for River Edge Colorado based on the preliminary designs shown in the PUD/Preliminary Plan Applications submitted on January 23, 2011. The estimated construction costs are based on the validated preliminary unit costs developed by 8140 Partners, LLC. Summary of Estimate: The Preliminary Construction Cost Estimate Summary summarizes the composite in place costs for the infrastructure necessary to support the development of the River Edge Colorado project. Based on the assumptions identified below, the construction cost for the required infrastructure is estimated at $25.6 M. The estimate includes various unknown factors including opportunities to phase access improvements, minimization and optimization of infrastructure, and the infrastructure phasing during reclamation. Approach, Assumptions, Limitations, and Exclusions: The estimated construction costs are based on the validated preliminary unit costs developed by 8140 Partners, LLC for the mountain area infrastructure and all assumptions associated therewith. Unit costs were generally derived from RS Means 2009 cost database , COOT Bid Tabs, and local data obtained by 8140 Partners, LLC in 2009 and has been inflated based on recent economic information/data concerning construction costs in the region. The estimate is based upon procedures utilized by heavy civil engineering contractors in preparing "hard money" competitive bids. The cost estimates are intended to provide an approximation of unit costs to provide for comparative calculations of total project costs appropriate for the preliminary level of design. These cast estimates are considered to be approximately -10% to +20% accurate. The base unit cost estimate prepared does not include any contingency to account for project uncertainties (including final design, permitting restrictions and bidding climate). These estimates are subject to refinement and revisions as the design is developed in future stages of the project. The actual cost of construction may be impacted by the availability of construction equipment and crews and fluctuation of supply prices at the time the work is bid. 8140 Partners, LLC makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bids or actual costs. Project Financing: At the present time, Carbondale Investments, LLC (Cl) plans to fund the project with cash and through traditional financing mechanisms which may include construction loans from financial institutions or investors. Based on the financial climate at the time construction is initiated and the duration and phasing of the project, CI reserves the right to use any and all mechanisms determined most financially appropriate and beneficial for achieving the goals of the project. Making such a determination today concerning project financing or limiting the approaches CI may use would be inappropriate and potentially misrepresentative. Additionally, depending on the nature and extent of requirements placed on CI by the various review and permitting agencies, additional mechanisms not currently being considered may be required including, but not limited to, the establishment of a metropolitan district. Attachment C Pre'. Cost Estimate Attachment C Prel. Cost Estimate River Edge Colorado Infrastructure Cost Estimatesl'2'4 Filing Item* !De9cri0tian Units Unit Cost' Total iMotes E5 'Lump Som Estimate (Indudtag Contingency Use Lump Som Estimate jtemfred Estimate Type 1 -Road [C tr/} ___Type 2 -Road [Local} 6 7901 $ 300.00 $ 237,000 [ 44501 $ 250.00 $ 1,112,500 - } Type 9 -Road (GH Accessi [ ft j_ VIS ! $ - ` Type 4 -Road (Alley) I ft 9l505 142,SDD 'Bridge Ea 1� $ 500,0002170°00::$ $00,000 [ Walls sq k 3900 5 46,870 r 929,1 $ 4'v,0a9 22001 $ 15A0 $ 33.000 67201 5 10UA0 i 5 172,000 t r rails [Ha rdj 8 ;Traits [Soft) 9 'Potable Water I Raw Water 10 ft ft k ft j 9200; $ 40-00 ! $ 368,000 11ISanitarySewer 1 h 5230 S 115.00_$, .12 ...... . Dry Llt1Fitiesft 52301 $ 125.00 i $ 601,450 Totai Construction Costs 4,413,000 Fitin8 1R Item P ;Description Units Q[Y. Unix Unit Cas[ TOL.1 !Nates Veit Cost IS fl.ump Scen E5tfmotr (4rcluding Cor tf rgertcy LS ;Lump Sum EStrnral# (in4htWng Cnarrtingency Use Lump Sum Estimate i 5 - Use Lump Sum Estimate Q $ . h«wleA Estimate +CCn+1+ed E.rtfnrnre 1 [Type 1 -Road iFnrrYi I ft 1 ft 01 5 0[ $ 30800 i 5 250.00 1 $ - - 13ype..1-Road(Crary) 2 L lype 2 -Road )Lomat] 3 lyre 3 -Road (GH Access) lyre i _1 15 1030.L 0 $ 200.00 $ 206.030: ......._.. _,. A 4-Road (ARCA' .____—_—_.._....._... .._I.'....-.........._........__._..-.��- 5 ridge - - i ![;T.__._.�_..- 150.00 $ _.. 500,000.0$ 12.005 ...._._._..._.. _..�._..._.. __-- . - IType 3 -Road {GH Access] Type 4- Road [Alley} .. Ea j 6 Naas l s0 k n -5 0� 5 7 �TraiEs )Hard} —h ft —_—__�_---_-- ft Oi5 Oj_$ 54.00' 5 __—_— - ` 12.00 = $ _--__—_ a—___ITraits (Soft) 9 - __ �PoLable Water ' 10 - - ;Raw Water — tt___.._...._.. h �-___.'-.__.."__ 0' 5 0J 0r $ 115.00 O. $ 10076 } 5 40.00$ I $ [ - -• �� 11 :Sanitary Sewer I t[ 12 -IDry Utilities ft i 12500 $ - 9 7otaI C.onsrrutS5on Costs -" — ft k _____. k 5 206.000 : >IL$ 51 5 On $ Filing 16 ItmEx (Description Unix J 0651. Veit Cost Total 'Notes LS ;Lump Sum EStrnral# (in4htWng Cnarrtingency Use Lump Sum Estimate $ . +CCn+1+ed E.rtfnrnre 13ype..1-Road(Crary) 1 k ft 0, $ 01 $--__---'- 5703 $ $ 01_5 3IXs.00 254.00 200.00 150.00 530.000.00 $ 5 $114.000 5 $ - - i 2 'Type 2 -Road {Local} 3 R IType 3 -Road {GH Access] Type 4- Road [Alley} 1 ft R Fa fr i 10; ..5 _. 'ygrtdge v3/3135.tq -- .--^-^- 6 ou $ 12.00 = $ - } 7 'Trails (raid) [ k [ OL$ 0: $ 50.00 •, 5 15.00 ; 5 - 1 - S iTrai Is 1[5aft1 ft [ 9 [Potable Water -" — ft k _____. k ; {1� i >IL$ 51 5 On $ 100.0015 40.00 1 $ 115.00:5 - - F • y5a 10 Raw Water ,5anitarwer 11 12 IDry Ut33tier { ft 01 5 125.00 '. $ • Total Construction Cost: 5 114,000 ! r'ellm%anry rnlartructurc tort E#Irnanc-PNcr kIee Cobraae Palm 1 of 3 Attachment C Pre!. Cost Estimate Fling 2 Item 9 •Destziption Units Units 0(9. unit Cost Total Notes LS [Lump Sum Estimate IindRerng Contingency Lump Sum Estimote (inducting Contingency use Lump Sam Estimate l S - i - 1 _ —_.-...... Use Lump Sum Estimate 1 I Use Lump Sum Estimate L. Itemized Estimate — —1 -rt —1- h 1330 5 300_00 5 _ 250.00 $ 332,900{1 3 ITypc 9 -Road {GH Access] Ft 1 ]Type 1•Road ]Entry] 1 h } 01 $ 300-00 1 5 - 3 rYPe 2 -Road (Local] ....... .... Type 3 -Road (Gli Access[ ... .' � I ft ft 1 19901$ 43 5 -._--_-_.-250.0015..-..... 200.00 t$ .... 497,500.1-.-.. 8,600 L 4 'Type 4 -Road (Alev1 -- ----ft i 1000 $ 150-00 �S W 210,000 5 �B..ri dge 6 Ea 17,700 136,600 0 500,000.00 5 - 6 WaI IS L Trask [Hard - sq k R ft 1 1 5001 5 17,00 ' 5 _6,000 --��--�^T���-�-. 15,950 L 750$ 12301 5 50-00�T�------37.00 15.00 1 $ a ,TraMiltiMilt _ 9 0 :PotableWater ._�.--._.. _.._.._.....__T-.� FRaW Water ...- ft ft 4 27601 5 100-00 { 5 276,000 i --- i-- -- 2010T 5 40-00 r5 80,400T 3235, ...,524 235,000 11 'Sanitary Sewer '1 k 1 281G 5 135_00_115 325-00: $ 02 ;Dry Utilities 1 ft i 1680 5 Total Construction Cam 5 200.000 ; $ 1,591,000 Filing 2A Item 9 I4 Description i Units Qty. 1 unit Cost Total Noses LS Lump Sum Estimote (inducting Contingency use Lump Sam Estimate l . 5 - 1 _ —_.-...... !Milked Estrange' Use Lump Sum Estimate L. itemized Estimate — —1 -rt —1- h 1330 5 300_00 5 _ 250.00 $ 332,900{1 3 ITypc 9 -Road {GH Access] Ft 1 'Type 1•Road{Lntry] i ft r01 $ 300.00. 5 - 2 3 [Type 2 -Road {Local] J— ft 1 OLS 250.00 5 E 1Type 3 -Road {GH 4ccess) Type4-Road {Alley} 1Bndke ` R ft __ Ell —_,1-.._.....-.._,..___.. 1 _ 10001 5 -.-____—_Oi 01 $ 200.00 • $ 150.007 5 503,000.00 i 5 200,000 - - L 4 5 6 Walls 17,700 136,600 5541 -� 015 22-00; 5 ft 1 7 Trails [Fiord]_L --4- ft ft 7 y____— � 0� $ 50-00 1 5 - 8 Trails (Soft) 0J 5 0i 15-00 1 5 100.00 1 5 - ....-....-----I i -- — 4 I Potable Water -�--____—_-_ _.- - -- --- R ------. ft ft 10 [Raw water :Sanitary Sewer }$ eLS of $ a0-00 $ 11 115.00 1 5 12 Tory Utilities 1 ft 1 Di 5 125.00 1 5 - Total Construction Casts 5 200.000 ; Fling 3 Nam ioespiptipe Dolts 1 Qtr. 1 unit Coat Total ;Nates 15 liomp Sum Estimate (hwiuding Ccrdingenty I $ - use Lump Sam Estimate l !Milked Estrange' 1 Type 1 -Road [Entry} _— 2 TType 2 -Road [Local} — —1 -rt —1- h 1330 5 300_00 5 _ 250.00 $ 332,900{1 3 ITypc 9 -Road {GH Access] Ft o$ 200.00 5 - I 4 IType 4 -Road {Alleyj I *5 ! 0(5 150.00 $ - 5 rR Mdge Ti Ea L_ sq Ft i 01 $ Pi $ 500.000-00 5 12.00 5 - - - 1 G Twa1's 7 'Trails [Nardi ft 1 8001 $ 5000 1 5 40,0120 , 8 1Tra s (Soft} ft ft i 11905 13061 5 15-00 S 100.00 1 5 17,700 136,600 9 [Rata hie Water f 10 Raw Water — ft 1 31701 $ _ 40.00 : 5 126,500 ' 11 -I— 'Sanitary Sewer j R ---�- R ! 29701 $ 1500 5 115.001 5 125.0075 5 226,550 187,500 1 1,2 -----1111ry Utilities Total Construction Costs 5 1,070,000 i' P111116,5 rnfraat ructurw Cost ErtYnate-RWer Edge Cacrado Pape 705 Attachment C Prel. Cost Estimate Filing 4 fttemR iDescriptim Units 1 Qty. Unit Cost Total I Noels Total ;Notes LS :lump Sum EsNnrate (lndoeding CanRngenry Contingency U $ - 1 i 5 - Use Lump Sum Estimate n Use Lump Sum Estimate ❑ use Lump Sum Estimate Itemized Esdlmtlte itemized Eva:Mote itemized Estimate 1. `Type 1 -Road (Entry) ft i 1 (Type 1 -Road {Entry] try, ilype 1 -Road fE�1 IType2-Road[Loca0 ft 1 01 5 300.00 1 5 - Op250.00=$ 2 3 :Type 2 -Road (Local)ft :Type 3 -Road (GH Access) 'Type 3 -Road {GH Access] !Type 4 -Road (Alley} ft 128201 $ 250.0045-------.---.--705.000i. ..............._...�..�._ ..... _-._-..�--..-.---.__- O $ -.----.- -- 200.00 $ _ ` a Type 4{i6ad {Alley) sgtt ft Oi 5 150.00 5 - •-----------ft ---""_�_.....i_ Ft _ .....�-0 _0' 5, 1Oricge ITnifs (Soft) Ea 1 0; 5 500,000.00 ij $ - i F 10 7 ;Walls ?rail (Nardi 02p_$ sqR ft 015 100015 fi 13.00L5 - 50.00I5 50,000 15.00 k 5 21,750 100.00 i $ 326,0001 ft R !Trails [Soft} 11 ft I 145Ok 5 01 $ OTy$ 9 'Potable Water Total COUStloCtioU Costs Ft : 32601 $ 10 Raw Water I_ .�.. "43261 $ 4Q-00!$ 173,040 11 5a nitarySewer ; ft 1 3315 115 381.225 L 11 Dry Utilitiesft 2750 5 125.00 i $ 343.750[ Total Coin -Ow -Lim Costs $ 2,001,000 1 Filing 4A item 6 [Description 1 Units Qty. 1 unit Cost Total [Notes Total ;Notes LS 'Lump Sum Estimate (including Contingency Contingency U $ - 1 Use Lump Sum Estimate n use Lump Sum Estimate Itemized Esdlmtlte itemized Estimate 1. `Type 1 -Road (Entry) ft i 01 $ 300.00 1 5 -1 try, ilype 1 -Road fE�1 IType2-Road[Loca0 2 3 'Type 2 -Road (Local) ft i Op250.00=$ --�- 200.00 $ 188,000: 150.00 r 5 - ------ry.-.----, 'Type 3 -Road {GH Access] !Type 4 -Road (Alley} ft --IT ft 1 .• -.r•...-._-•-, 920: $_ ______ OJf$$ 01 $ 4 5 6 -- — 7 --- Ldge•Ea WiIlo : — +Trails [Hard) 1 SOO,000.D05 - it sgtt 5 12.00 $ -----.._._......__'�_-- -----50.00 j_5 - I ----------_. •-----------ft ---""_�_.....i_ Ft _ .....�-0 _0' 5, 5 ITnifs (Soft) 0$ 15.00$ - 7 F 10 L�oin Ole Water ---i ft 02p_$ 100.00 5 - 8 9 _ Raw Water ft OL5 40.001$ - 1 11 ISaoitarySewer i0ry Utilities ft ft } 01 $ OTy$ 115.0015 - 125.00 l $ - 1 12 Total COUStloCtioU Costs 12 10ry..1Rilities 5 184,000 Filing 5 Item 4 ,0escriptlon Units 1 C7ty. I Unit Cost Total ;Notes LS Slump Swn Eulmole lirrdu ting Contingency U 1 $ - I use Lump Sum Estimate itemized Estimate 1 2 try, ilype 1 -Road fE�1 IType2-Road[Loca0 ±— ft — ft 01 5 1450 5__ 300.05 0 250.00 5 362,500 200.00 I$ - 1 151:L150-00$ - 3 Type 3 -Road [GH Acreosl ft -1 1 01 5 4ype 4 -Road [Alley) _ 1 it 1co.__ 5 Rndpe wa115 � -- � Ea 53 FL OI $ 500 0000.000 $_ 12.00 5 �-----—�-----.-.-_._.._��— 50.00' $ 50,000 `— 6 _ o4-5 -.�_�....- 7 1Trails(Hardyk ' 5 10000 8 9 ITrails (Soft) 1 -Potable Water _____.-_.- {Raw Water i T 4 ft ft It it j } 1_71_01 5 1_5.00 i 5 25,650 __" 14201 5.......__—_—__ 3070$ 16101 5 100.001—$ - 142,000 — —___--._- 40.00 .,5 122,800 115.(10 i $ 185,150 YO 11 5a nitary Sewer 12 10ry..1Rilities ft 1510r 5 125.00 L$ 188,750 j Total Construction Cases 5 1,077,000: P,Nirnlwnry infrastrarpne Con Estimate -River Frigr Colmwdo Page3 of 5 Attachment C Prel. Cost Estimate Fang SA Iterlt ■ IlL,Uttp5effst Estimate (including Contingency Use Lurnp Sum Estimate [-i 0eseri prion Units Unit Cost otat {Notes itemized Estimate Type ' -Road (Fntryj ft ? 9i 5 300-06 $ --- :Type 2 -Road (l oc . - �.... 5 xso.m 15 3 Type 3.6oad (GH Access) 5 570{ $ x06-06 J $ LEC,900 4 I_Tyye 4 -Road (+ y1 1 �t 61 $ 15{106 $ 4 5 Bridge -"1 Ea 9 5 500,000.00_!1$ --- 6 1 WaIIs sq ft { 0 12-06S 7 Traits {Hard} ft 61 $ 59.00 $ • 5 ,Traits {Soft) ft 1 015 as.ao $ 4 (Potable Water T ft O1555 0) $ 10 (Raw We'r 11 "{Sanitary Server 17 Ery Ut1ities 5 ft 40,00 $ 115-06 125.00 1 $ Total Construction Casts 5 114,060 Fdmg 6 Item A {Description i Units i qty. { Unit Cast i Total Notes LS Etymp Sum Estimate (laciudfng Contingency i 5 - Use turn Stan Etnate {-] itemized itemized EStinNte rtemi ed st6nate 1 ton HWY 82 EI 1 {Type x -Road (Entre')__. ft ___]_ 5 2456L5 300.00 i 5 - 3 -- 4 ;type 2 -Read ({.oral] iR 250.90 1 $ 612400 t...._._....._.--_�______.... hype 3 -Road (GH Access) ft ----- 61 $ ---_�...._... 2611116 -TS Type 4-ROdd (A6ey)1547.961$ Ea sa Ft -�-t j 5 5 500,000.0 i$ 81,000 , 5 ---.—_ -note 115 - 615 12.00 k5- -r. rads {Hard} ft �} 500, 5 1756$ `A.9 $ _ 25,600 { Tanis {colt) [Potable ft 1_5_06_1§ 75,250 r 314.600 L 4 Water ft r 1 314015 49201 5 160.00-F5 3A 151w Water Ift 1 4000 1 5 195.860 11 12 Lary sewer i 11 R I j 24101 $ 29201 5 ..... 1150111 5 125.06 r 5 277.150 355.666 {0ry Utilities total Construction Com j 5 4,698.800 Addlttonat aftstle Activities Item it iDescripbon Units i C ty. Unit Cost i Total : 149tes LS _tamp Sum Estimate ((nrhding Contingency Use Lump sum Estimate II— itemized itemized EStinNte 1 ton HWY 82 EI Ea 1 $ 1,250.900.0 ' 5 1,x59.00 2 _Ln jWater Tank I Ea 1 i 1- ?,1 $ 350,006.00$ 760,006 3 Water lines 115 2606{ 9 200-00 ! 5 526.066 5 r5 { 1 15 7{ 5 —# a j 11 JI- i� :5 - 12 , ; '5 - 'renal Construction Cons 5 2.479.006 ; Preimlanry IMlastrucitee Cost Estimate -neer Edge Colorado Page 4 of51 Attachment C Prel. Cost Estimate nal Onsite Activities Item # i°rsen:diem [toils i b}y. lint Cast. Tota! Notes LS I Lump Sam EsNmnte &ending Contingency - I Use Lump Sum Estimate : 1 i 5 - Use 31. rap Sum Estimate 671 lterllfted Estimate ft k 1 7901 $ 30.110 1$ ]469Q $ 250.01773 7,622,503 41331 $ 200.00 I $ 28 90 5 150.00 i 5 -- ,---"5_ _._.....560,000.0q 5 2117,003 3 835,6.0 r 433,500 503,0©01 — — 'Type 2 -Roar" (Locail type 3_Road (GH guess} 4T e4 -Road { e5rA33 _ i -- ;Type 5 8r;dgr • 1 !Earthwork/50e Pincement cu.vd. sq 3t 7200001 5 4.00 1 5 7.980,000 1 7 •Trails (Hard} 2 3Gk:mmod lLandscapin>S Ditsh ....I _^ SO: ft. ft 49741 5 50.33 1$ 2042880! $ 1.25 $ 50.03''..5 E3D .._ 2,553,6 L_ 144,500 1 750.002.1--- 50,0005 _�.�____. 1 28904 5 4 f WTP Ea [ 1 —$ 750,000.00 I $ 1,5DO,DOO.D6 $ 5 I WWTP • EaiLr ' �� $ 1500,000 —_�__--_00? �,_-_. 1734 115.00 j $ 54_$ 6 7. ._.__.-_ RWTP Ea LS 115 al-5 75,E00.00 5 1,500r0D0.IX7 $ 75,0001 SE1,OEX7� 2.470,630+_—_.-.__------- --- --- - -- -- ]0,153,000 j Camra anriy Facility 8 !Park Improvements .. LS 11 5 6t10,000A0 1 5 100,00 .. ~ 9 ;ZETA Tunnel i t5 r l 11 $.. .. . . 150,000.00 i $ 155,000 i 10 F Ts T t 11 { . i i Total Construction Costs 5 10,153,3h3f3 j Taus Construction Costs item Description Units Aly. r Unit Lau Total [Notes ' LS :lump Sun: Estimate (including Contingency 1 $ - I Use Lump Sum Estimate : 1 ltemicxd EstitnOtt 1 l Type E-Read(Fffny] ft k 1 7901 $ 30.110 1$ ]469Q $ 250.01773 7,622,503 41331 $ 200.00 I $ 28 90 5 150.00 i 5 -- ,---"5_ _._.....560,000.0q 5 2117,003 3 835,6.0 r 433,500 503,0©01 — — 'Type 2 -Roar" (Locail type 3_Road (GH guess} 4T e4 -Road { e5rA33 _ i -- ;Type 5 8r;dgr • ft Ft aTM_ 5 warts sq 3t r 4400, $ 12.00$ 52,500 248,50 7 •Trails (Hard} 49741 5 50.33 1$ 8 llS9d (SoRI ----.'tft K 3420) $^ 15.50 $ 141,300 1,868,600! 9 1Pntable Water i ft 5 100.00 $ 10—__LRaw Water 11 !Sanitary Sews k _-_-- r. _18585 25696$ 6,067^84F3 ` ____ __...___.___—_ 3,994,075 1 1.913,250 r —_�__--_00? �,_-_. 1734 115.00 j $ 54_$ 17 .....;pry utiEitiesft 13 'Rdditionai Dfsite Activities .v___.....__, 14 :Additional Onsite Activities I___ i5_____ ___ 15790s $ 125.00 i 5 5 2.470, 05.D0�$_ 2.470,630+_—_.-.__------- --- --- - -- -- ]0,153,000 j _ i L5 _ _3{fff ___ 11 $ 10,153,000.00 1. -- Total Construction Coss 5 25,590,005 i Notes: ' Stool/Amy, Include aldrwalks. ourWrgutter, and y-eypphq, rnun.Ghnot, otormwaier and vte erodingal¢wyacs, Water, sewerand dry unities unto costs Include aR l=thr.s, !dts•.atnnas, rnanhotea end other appu,t4npx Gs -den Home :Ws are assumed to beseered by utIbes (two the street, and not internal accessways- Addivnai eroding, fenring, bemire arid:arosoaping are considered part of tot dwempmtmt Mg, al firm. of Ivo dl -g construction and are eudhded from this raFnre- 'ABI -arlt casts are buil_ or lump own cumbers prepared for preiwe ary costing. 'Hequ:redgradlne, !erring, !terming, and p:an1I'es ora a diolu dal Eats arecoriodered a part of budding costs and are P,dude0 from. mei estimate. Prelimionry in4.xtrirture Eon Estimate Peer E[fae Celneadn Pape Sof 5 Attachment i7 —Application Cover Page GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 491 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. qa rfield-co u nty. com SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) ❑ SKETCH PLAN (optional) ❑ CONSERVATION SUBDIVISION O PRELIMINARY PLAN ❑ PRELIMINARY PLAN AMENDMENT ❑ FINAL PLAT ❑ FINAL PLAT AMENDMENT / CORRECTION PLAT ❑ COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL. INFORMATION (Please print legibly) • Name of Property Owner: Carbondale Investments, LLC • Mailing Address: 5121 Park Lane Telephone: ( } See Owner Rep. > City: Dallas State: TX Zip Code: 75220 Cell: ( }See Owner Rep. • E-mail address: See Owner Rep. FAX: ( )See Owner Rep. Note: All mailing concerning application should be sent to Owners Representative y Name of Owners Representative, if anv, (Attorney, Planner, Consultant, etc): Y Rockwood Shepard, Project Executive • Mailing Address: 7999 Hwy 82 Telephone: (970 ) 945-2113 • City: Carbondale State: CO Zip Code: 81523 Cell: (97© } 456-5325 • E-mail address: rockwoodshepard@gmail.com FAX: ( ) 12 89W y Location of Property: Section 7 Township 7S Range 68W • Assessor's Parcel Number: 2 3 9 3- 1 8 2- 0 4- 1 0 2 • Practical Location / Address of Property: 7999 Hwy 82 At junction of Highway 82 and CR113 west of RFTA right-of-way and east of Roaring Fork River • Current Size of Property to be Subdivided (in acres): 159.16 acres » Number of Tracts / Lots Created within the Proposed Subdivision: 366 residential Tots plus 55 non-residential tracts (various uses -open space and common area development tracts) Last Revised 12/24/08 Attachment D Revised Application Proposed Water Source: so Proposed Method of Sewage s} Proposed Public Access Y Easements: Utility: Ditch: Total Development Area GENERAL INFORMATION continued... Roaring Fork Water and Sanitation District or Community System Disposal: Roaring Fork Water and Sanitation District or Commun VIA: us Highway 82 See ALTA Glenwood Ditch (to be relocated on property) (fill in the appropriate boxes below): RJ so ::(1) Res dentia ; See Note A :. Linits 1 Lots :Size (Acres) Parkin o Provided : Single=Fa ity 326/326 47.99 2 spaces per unit Duplex 40/20 5.31 2 spaces per unit Multi -Family :Mobile Bone= ;.::..: Total 366/346 53.30 732 spaces Nolo R: Single Family includes 'Garden Horres" which Include beth detached and attached unix. Duplex units are on designated attached lots and may be detached or a:taehed. Parking space count does not Include on -street parking which Is provided In most location on Doth sides of the Met or in designated parking areas within Garden Home Tracts. : oor A rea :sot: one ores :Parkin Ptovided •g.E o e (2) Commercial e Pubiciaasi-Putu c (3000 sq. R. ma>dmum) Nate 3 1 per 330 sq ft Note 2 n d ustria (4)Pubiic1 Quasi-Publfc 30000 (Maximum) Nie 1 4.72 60 spaces (max) (5):Oben Suac ..a..1 Common rea 101.12 20 spaces (max) .:............. Total 30000 (Maximum) 105.84 80 spaces (max) Note 1: PubildQuest-Pu'bElc spaces provide for community-based day rare, small coffealsandwlct" shop. end inddental sales (Total area spproxlmatety 3030 sq ft maximum). accounted for in publiclquasi-putxie space are utility and maintenance facilities proposed to meet the needs of the development 30.000 sq ft ie lnduaive of "Commercial" Space. ity System Note 2: Parking space count does not include on -street parking which is provided in most locations on both sides of the street at in designated parking /yeas within Garden Horne T ads. Park ng for "commercial" ins* is included in the total under PubliclQuasi-Public. Note 3: Public/ Quasi Public areas maybe leased to private entities for operation of community fad ld es es provlded for in the CCNRs and PUE}Guide. Such spaces as the health club are not Included in the 3000 sq. ft of cammercl-eF space. 3000 sq. ft Is Encoded In Item 4 PubrIc/Quesl-Public. The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Pian, etc.) are detailed in Section 5-501 of Article V of the unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 2 Attachment D Revised Application Attachment E — Requested Waivers fr©m Standards Requests for Waivers of Provisions/Standards in the ULUR River Edge Colorado Planned Unit Development and River Edge Colorado Preliminary Plan March 29, 2011 The following information is drawn from the Rezoning and Subdivision Justification Report dated January 18, 2011 (Binder 1, Tab 2 of the PUD/Preliminary Plan Application. 1. Requests for relief from certain standards of Article VII of the ULUR Article VII of the ULUR contemplates that the standards discussed in this Subsection 1 from which CI requests relief might not be applicable or appropriate for all projects and therefore may be waived. The standards discussed herein are inapplicable or inappropriate for the Project. Therefore, CI requests that the County waive the application of these standards to the Project. a. Restrictive Inner Buffer Section 7-203.A of the ULUR establishes a setback of thirty-five (35) feet measured horizontally from the typical and ordinary high water line on each side of a waterbody (the "Inner Buffer Setback"). This said, Section 7-203.A.2 provides that "[i]rrigation and water diversion facilities, flood control structures, culverts, bridges and other reasonable and necessary structures requiring some disturbance within this setback may be permitted." Id. CI requests that the County permit CI to construct the bridge, utility crossings, and diversion facilities proposed as part of the Project within the Inner Buffer Setback located along the Roaring Fork River. See Bridge Plan and Section 501.01 of the Drawing Package for a description of the proposed structures. Alternative bridge structures that would avoid the Inner Buffer Setback have been reviewed, but no substantia[ advantage to avoiding the Inner Buffer Setback has been identified. Rather, due to slopes and constraints associated with intersection alignments, the proposed shorter bridge structure with limited encroachments into the Inner Buffer Setback, provides a safer condition in the professional judgment of the Project Engineer, William S. Otero. In addition, the bridge crossing will be subject to Section 404 of the CWA and a floodplain activity permit or other review by the County. The utility crossings and water diversion facilities are required in order to access irrigation water, connect to the Roaring Fork District water and wastewater facilities (if the Roaring Fork District is selected as the water and/or sanitary sewer provider), and access CI's potable water rights in the Roaring Fork River to support the Project. These activities will comply with Section 404 of the CWA and likely will be subject to a Nationwide Section 404 Permit issued by the USCOE. These activities might also require a floodplain activity permit or other review by the County. The activities proposed within the Inner Buffer Setback also will be performed in accordance with applicable erosion and sediment control measures required by the storm water pollution prevention plan. Areas affected by these activities will be reclaimed in accordance with applicable PUD standards. Atiachrnent E Waivers River Edge Colorado Requests for Waivers of Provisions/Standards in the ULUR Lastly, as discussed in the Impact Report, the proposed activities will result in no adverse impact to Cattle Creek or the Roaring Fork River. See Section III.B.2.a of the Impact Analysis. In addition to the foregoing, CI requests relief from the application of Section 7-203.A.3 of the ULUR. This Section prohibits within the Inner Buffer Setback "unless permitted or approved," the "[d]isturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics[,]" and provides further that "[m]easures taken to restore existing topography to improve drainage, flow patterns and flood control must be approved." Id. CI requests the County's approval of its plan to repair and restore as part of Phase 0 riparian areas within the Inner Buffer Setback previously damaged by agricultural operations and site grading activities. The proposed activities are in keeping with the intent of Section 7-203 to protect wetlands and waterbodies, and will be performed in compliance with the RFC Conservation Easement and erosion and water quality control provisions of the ULUR. Details of the proposed activities are provided in Reclamation Plan included in Appendix U of the Impact Analysis and on the Reclamation Plan (RPOI Series) and Erosion and Sediment Control Plan (ESO2) of the Drawing Package. b. Subdrains for all foundations Section 7-206.B.2 of the ULUR provides that "[s]ubdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels." Subdrains will be used as appropriate as determined by the engineer designing the foundation and applicable hazard mitigation measures. It is inappropriate or unnecessary to provide a subdrain under circumstances where soils are generally well drained like those at the Project. In addition, due to soil conditions, in most cases, basements will not be utilized. As detailed in the I Iazard Mitigation Plan, the need for a subdrain should be left to the design engineer based on the specific site circumstances. c. Public road dedications Section 7-405.C. i .a of the ULUR provides that "[u]nless specifically approved as private rights- of-way and so designated on the final plat, all roads, streets, alleys or other public traffic ways located within the subdivision and benefiting current or future residents of the subdivision shall be dedicated as public rights-of-way." Id. As discussed previously in this Report, all roads internal to the Project are proposed to be private roads. Access to the Property requires a crossing of the RFTA ROW. The RFTA ROW is maintained as a rail -banked corridor and therefore falls within the jurisdiction of RFTA and the Public Utilities Commission (the "PUC"). Based on discussions with the PUC, a crossing that is open to the public for access to a subdivision likely would be treated by the PUC as a "public" crossing subject to the PUC's review and approval. However, there appear to be no avenues under the PUC regulations for a private entity to apply to the PUC for authority to construct a highway -rail crossing where tracks or other facilities currently exist. See Section 7203, 4 C.C.R. 2 Attachment E Waivers River Edge Colorado Requests for Waivers of Provisions/Standards in the ULUR 723-7. Partially in response to this situation, CI requested that the Garfield County Board of County Commissioners (the "BDCC'') approve the creation of a special district for the Project. The BOCC denied this request in September 2010. This denial leaves CI with no option but to pursue the approval of private roads for the Project. CI has, however, retained the option to convert the private roads to public roads if a quasi -governmental or governmental entity, including any special district or metropolitan district formed in accordance with Colorado law, is willing to accept and assume ownership of and maintenance responsibilities for such roads. At the present time, the Project's roads are not designed to connect to any external roadways, except for SH 82, and will only serve residents of the Project. Based on the foregoing, dedicating the roads internal to the Project as public rights-of-way is inappropriate and unnecessary. Accordingly, CI requests that the County approve all roads internal to the Project as private rights-of-way. 2. Requests for modifications, from certain standards of Article VII of the ULUR In addition, to the relief requested in Subsection 1 above, CI requests modifications from the following County standards: a. Section 7-108 standard that "(ajll roads shall be designed to road design standards set forth in Section 7-307... " Roads within the Project arc being proposed as suburban/urban sections to better support adjacent lot designs, including, proposed lot sizes, setbacks, and pedestrian/street-focused orientation. Without approval of the proposed design standard for roads, CI would be unable to cluster lots in the manner proposed, preserve the proposed amount of open space, or provide for pedestrian and street -oriented suburban densities. The road design standards provided in Section 7-307 would generally require that lots within the Project be double to triple their currently proposed size. Under such a program, while densities might remain the same, at least 75% of the land within the Project would be held in private spaces. The proposed road standards are relatively conservative suburban sections with on -street parking in both directions, which configuration provides more than three times the road design capacity than that demanded by this Project. This configuration could reasonably provide for connections to the north and east of the Project if desired and if Project's internal roads were to become public. b. Section 7-207 Stormwater Drainage Standards. In lieu of the standards set forth in Section 7-207, CI proposes to comply with the standards and criteria provided by the UDFCD USDCM Volumes I and II, as amended, in its design of channels and hydraulic structures, and to use these standards and criteria as the primary guidance document for the selection and design of stormwater quality BMPs. This modification is being requested in an effort to provide comprehensive and appropriate standards and specifications that will he applied to the Project since the ULUR does not provide appropriate or detailed enough criteria to address the infrastructure, conditions, and "suburban" form of development proposed for the Project. The USDCM is recognized as being one of the most comprehensive drainage 3 Attachment E Waivers River Edge Colorado Requests for Waivers of Provisions/Standards in the ULUR criteria manuals available in the State of Colorado and has been used as the basis for the development of local drainage criteria manuals and in drainage design and review processes by a wide variety of municipalities in the State from Grand Junction to Denver to Fort Collins. The USDCM is approved and accepted by the Colorado Department of Health Water Quality Control Division as a reasonable basis for design. Application of the USDCM assures that storm water will meet applicable water quality standards and that drainage structures and facilities will be designed to adequately convey storm drainage. In all cases, as promoted by the ULUR, where more naturalized channels and swales may be used to reasonably collect, treat and convey stormwater, these methods will be utilized as opposed to piping or concrete ditches. Details are provided in the Sediment and Erosion Control Plan and the Bridges, Structures, and Drainage Structures Plans (Series DRO1-03 and SO1) and Erosion and Sediment Control Plan (ESO1-ESO6) or the Drawing Package. c. Section 7-207.C.1 requirement that "Idjetention facilities shall ensure the post - development peak discharge rate does not exceed the pre -development peak discharge rate for the 2 -year and 25 year return frequency, 24-hour duration storm. In determining runoff rates, the entire area contributing runoff shall be considered, including any existing off-site contribution." CI requests that only the water quality capture volume, and not the total stormwater volume (i.e., quantity storage) required by the ULUR, be detained prior to discharge off the Project Site to either Cattle Creek or the Roaring Fork River. The primary reason for this request is that the Property is located at the confluences of the two major perennial waterways and detention of surface runoff at historic rates provides little value or could even be detrimental to these waterways since it delays the releases from the Project in a manner that could coincide with the peak flows from larger contributing basins upstream (i.e., adding to the magnitude of the peak flow). If stormwater quantities are not detained, the peak flows generated from the Property will be released prior to these other peaks entering the areas. Furthermore, stormwater runoff from the Property does not discharge to or impact adjacent properties or downstream drainage structures. Should the County believe that quantity storage in addition to quality storage is required, the storage volumes for both quantity and quality are provided in the Erosion and Sediment Control Plan and the area necessary to store this increased volume is available within the locations identified on the engineering plans to accommodate the volumes without any impact to lots within the Project. It is the opinion of William S. Otero, Project Engineer that detaining excess quantity volume is unproductive at best and potentially damaging to downstream areas at worst. d. Section 7-305.A.1.f standard that "lap required landscaping must be located outside of any adjacent right-of-way unless a written waiver is received from the Director." CI requests the Director's approval to provide landscape strips and landscaped areas within the rights-of-way and adjacent to the roads internal to the Project. As noted above, roads internal to the Project will at least initially be maintained by the POA. The proposed landscaping is a critical feature of the Project and provides for detached sidewalks. The landscaping will not interfere with the clear vision triangle and therefore presents no hazard to motorists. Further, the proposed landscaping will have no impact to County operations or facilities. 4 Attachment E Waivers River Edge Colorado Requests for Waivers of Provisions/Standards in the ULUR e. Section 7-305.A.7.a standard that "fd]eciduous trees shall be a minimum of two inches (2'9 in caliper measured four inches (4'9 above the ground! " CI proposes a standard of 11/2" caliper to enhance survival. CI's landscape architect, Pedro Campos, has determined that survival rates would be substantially enhanced at the site by reducing tree sizes. Survival rate is one of the most critical factors in ensuring the success of a landscape plan. Winter desiccation has the potential to kill a large number of trees in this environment particularly in consideration of the limited soil matrix and water retaining properties of the surf cial deposits. To this end, winter watering is proposed to help establish trees. The cost savings involved has been translated into the higher planting ratios proposed on the site than other comparable developments in the County. The overall intent of the landscape program as detailed in the Landscape Plan and LA01-05 Series of the Drawing Package meets or exceeds the intent of the ULUR in all other respects. f Section 7-307 Roadway Standards. This section details a series of roadway standards for rural roads. The Project incorporates a series of road, trail and sidewalk sections more in keeping with the goals of the Project. The road sections follow commonly accepted design standards for suburban roadways, incorporate curb and gutter to control drainage, and provide a detached sidewalk for pedestrian safety and comfort. The proposed road sections and standards are detailed in the Project Engineering Design Report, PUD Guide and on the PUD Plan (PUD01-04) and Streets, Trails and Walkway Plan (C0O1-04) of the Drawing Package. The roads, as planned, will have significant excess capacity (i.e., 2-6 times that required for this Project) and will provide for safe and efficient intersections, vision, and speeds. The rural sections and standards required as part of the ULUR cannot be utilized for the Project without changing the clustered program, enlarging lots and eliminating open space. g. Section 7-405.A requirement that "ftjhe Board of County Commissioners shall require reservation or dedication of public sites and open space for schools and parks that are reasonably necessary to serve the residents of the proposed subdivision and future residents. In lieu of a dedication of sites and land areas, the Board may require payment of a sum of money not exceeding the full market value of such sites and land areas, or a combination of land dedication and payment in lieu of dedication." Due to the small number of residential units proposed for the Project, the Project would owe less than the land required for dedication of a school site. In addition, the Property is not accessible by a public road as a result of the RFTA ROW and lack of a public entity willing to take responsibility for the crossing under the PUC. Therefore, Cl proposes to pay fees -in -lieu of dedication for schools. CI further proposes no public dedications of land for roads, parks or open space. CI proposes that all roads, parks and open space within the Project will be held by the POA for the private enjoyment of the residents and for right of ingress and egress to their properties via the roads within the Property. The Board denied CI's request in September 2010 to form a Metropolitan District which would have provided a mechanism for providing public 5 Attachment E Waivers River Edge Colorado Requests for Waivers of Provisions/Standards in the t]Lt]R access to the Property and parks and open spaces provided therein. At the present time, CI has no ability to provide for public access over the RFTA ROW to the site. CI has provided allowances for future dedications if conditions change. 6 Attachment E Waivers Attachment F - PUD Written Description River Edge Colorado Planned Unit Development and River Edge Colorado Preliminary Pian PUD Written Description March 29, 2011 The following information is drawn from the Rezoning and Subdivision Justification Report dated January 18, 2011 (Binder 1, Tab 2 of the PUD/Preliminary Plan Application. Carbondale Investments, LLC, a Texas limited liability company registered to do business in Colorado ('Cl'), proposes to develop approximately 160 acres generally located along State Highway 82 ("SI -1 82") between the City of Glenwood Springs and the Town of Carbondale near the junction of County Road 1101113 ("CR 113") and SII 82 (the "Property"). The Property is located almost entirely to the west of the Roaring Fork Transit Authority ("RFTA") right-of-way (the "RFTA ROW") and east of the Roaring Fork River and Roaring Fork Conservancy ("RFC") Conservation Easement. The Property straddles Cattle Creek, which also is located within the RFC Conservation Easement. A vicinity map showing the Property is provided in Binder 1, Tab 1, Item g. of the PUD/Preliminary Plan Application. 1. Names and addresses of owner, applicant and representative. CI is the owner of the Property and Rockwood Shepard is the appointed owner -representative for purposes of the PUD/Preliminary Plan Application, as indicated on the Statement of Authority provided in Tab 1, Item f. of the PUD/Preliminary Plan Application. The address of the owner is 5121 Park Lane. Dallas, TX 75220. The address of the representative is 7999 Highway 82, Carbondale. CO 81623. 2. General project concept and purpose of the request. CI contemplates developing the Property into a walkable clustered -form of residential development with 366 residential units of various sizes and types, including 55 affordable homes, passive and recreational open space, and a neighborhood center (collectively, the "Project"). The neighborhood center will serve as a central gathering place for residents, and will offer opportunities for several neighborhood amenities, such as, meeting rooms, offices, a fitness room, a community kitchen, restrooms, other indoor and outdoor recreational facilities, and limited community service uses. Community service uses may include not-for-profit or for- profit uses that may be operated for the benefit of residents of the community only within designated spaces of the neighborhood center. Community service uses shall be operated by a tenant or concessionaire of the property owners' association (the "POA") to be established for the Project and may include, without limitation, a day care facility, a sandwich/coffee shop, and/or a health club. Park areas, which will be provided internal to the Project (and away from the RFC Conservation Easement), will offer opportunities for informal recreational opportunities, such as, tot lots, dog parks, playfields, and a trail system. In addition, in keeping with the Property's agricultural heritage and rural character, CI anticipates that areas designated on the River Edge Colorado Attachment F PUD Description River Edge Colorado Project Description Planned Unit Development ("PUD") for " Garden/Orchard" use may be used, at the residents' election, as communal vegetable gardens and/or orchards. Subject to any rules and regulations of the POA, it is anticipated that these Garden/Orchard tracts will consist of individual plots, multiple caretaker areas, sitting areas, small-scale children's play areas, other ancillary horticultural related uses, and for community festivals and celebrations. The amenities to be provided within the neighborhood center, garden and orchard tracts, and park areas ultimately will be decided by the residents of the Project. It is also anticipated that certain agricultural uses will continue to be allowed within portions of the Property not under development, as specified in the River Edge Colorado PUD Guide provided in Tab 3, Item b. of the PUD/Pre]iminary Plan Application. 3. Relationship of the proposed PUD development to the existing land uses and adjacent property land uses. A map identifying all the abutting and adjacent property owners within 200 feet of the Project Site excluding rights-of-way, the land subject to the RFC Conservation Easement, and adjacent lands previously owned by CI is provided as Exhibit 1 in Appendix C of the Impact Analysis (Binder 2 of the PUD/Prcliminary Plan Application). A list of owner's names and mailing addresses is also provided as Exhibit 2 in Appendix C of the Impact Analysis. The property boundaries, distances, and ownership information were drawn from the records of the Garfield County Assessor. Maps depicting adjacent land uses and adjacent zoning are provided as Exhibit 3 and Exhibit 4 in Appendix C of the Impact Analysis. The adjacent land use and zoning information is drawn from the records of the Garfield County Assessor and Garfield County Geographic Information System ("GIS'!) and includes all properties within 1500 feet of the exterior boundary of the Project Site as required by Section 4-502.E.2 of the ULUR. The Project Site generally abuts fallow agricultural land to the north (land under contract from CI to new buyer) which is flanked to the north by moderate to high density single family residential and commercial uses; right-of-way [i.e., RFTA and Colorado Department of Transportation ("CDOT")] bounding the Project Site to the east with commercial uses lying immediately to the east and northeast of the rights-of-way and residential uses immediately east of the highway fronting commercial uses; conservation areas lie immediate to the south along the Roaring Fork River which are flanked to the south by agricultural, open space, utility [i.e., Roaring Fork Water and Sanitation District ("RFWSD") Wastewater Treatment Plant ("WWTP?') and industrial (i.e., sand and gravel mining) uses; and conservation areas along the Roaring Fork River bound the Project Site immediate to the west which are flanked further to the west by open space and recreational lands and backed further by moderate density residential uses. Several tracts within the immediate vicinity are vacant and one public land tract (i.e., BLM resource land) is located immediately to the southeast of the Project Site. The surrounding area is generally zoned for residential or commercial development in either conventional zoning districts or as Planned Unit Developments ("PUD" or "PD"). Many of the adjacent parcels zoned PUD/PD are zoned for use as some form of open space or recreational use 2 Attachment F PUD Description River Edge Colorado Project Description as part of larger residential developments similar in nature to what is proposed at REC. The adjacent RFC Conservation Easement was originally zoned PUD as part of the previously proposed and approved Sanders Ranch PUD and retained as PUD under a form of open space/conservation use as approved in the original PUD action when the Garfield Board of County Commissioners ("BoCC") rezoned the remainder of the Sanders Ranch PUD to Residential Suburban in 2008 pursuant to BoCC Resolution No. 2008-112. As noted above the immediately adjacent uses include conservation, RFTA recreation trail and rail right-of-way, SH - 82, and agricultural uses. These adjacent uses are discussed in detail below along with the residential and commercial uses flanking these uses within 1500 feet of the Project. The Project is generally similar in nature, scale, and density of nearby uses and has in no adverse impacts on nearby or adjacent properties or uses as detailed in Section IIIA of the Impact Report. 4. The staging and timing for the proposed development. The Project is proposed in several stages or filings. There are 6 filings and 5 subfilings. The Project will be constructed over a period of 5-10 years. The development stage of the Project is preceded by a pre -development reclamation phase described in the Reclamation Plan (Appendix U of the Impact Analysis, Binder 2 of the PUD/Preliminary Plan Application). The development staging and construction is detailed on Drawing No. CPO1.01 of the PUD (Rezoning) and Subdivision (Preliminary Plan) Drawing Package submitted as part of the PUD/Preliminary Plan Application. 5. Compliance with the Comprehensive Plan. River Edge Colorado fully conforms to the Garfield County Comprehensive Plan 2030 as detailed in Section 1.4 of the Rezoning and Subdivision Justification Report submitted as part of the PUDfPreliminary Plan Application (Binder 1, Tab 2). Rather than reproducing the entirety of the text here, the reader is referred to this citation for a more comprehensive analysis. S. Source of and legal right to water. Written confirmation of service availability from a water and sanitation district if the property lies within the district boundaries. CI has adequate water resources available to supply the maximum water demand required by the PUD for both potable and irrigation water supplies which meet the requirements of Section 7- 105 of the ULUR. As determined by Cl's Water Resource Consultant, Michael Erion of Resource Engineering, Inc., the maximum potable water demand for the Project would be 163 acre feet per year to satisfy the demand of 375 EQRs and up to 42 acres of irrigation based on 350 gallons per day per EQR. This water will be obtained through surface diversions from the Roaring Fork River and/or through groundwater withdrawals from the well fields of the Roaring Fork District. These surface and ground water supplies are dependable physical sources of supply for the Project, which can and will be treated to meet drinking water quality standards adopted by CDPHE. 3 Attachment F PUD Description River Edge Colorado Project Description The water rights decree entered in Case No. 01 CW 187, as amended by the pending application in Case No. 08CW198, authorizes the diversion of a potable water supply to serve 349.55 EQRs, together with three acres of irrigation, within the Project. Another water rights application pending in Case No. 07CW 164 authorizes the provision of a water supply to serve up to 1,200 EQRs, and a total of seven acres of irrigation. These water rights cases are close to being resolved and decrees entered. To offset out -of -priority depletions resulting from the exercise of these water rights, CI holds rights in Allotment Contract No. 381b with the Basalt Water Conservancy District for 74.9 acre feet per year, more than enough to offset anticipated out of priority depletions for up to 1,200 EQRs and seven acres of irrigation. CI also holds reliable irrigation water rights in the Glenwood Ditch (12.23 c.f.s.), represented by 367 shares of capital stock in the Thompson Glen Irrigation Company, and in the Staton Ditch (4.69 c.f.s.). As decreed in Case No. W-2206, these rights have historically be used to irrigate 260 acres on the Project (formerly the Sanders Ranch). These rights will be used for the open space and lawn and garden irrigation within the PUD, less the maximum of seven acres that are irrigated with the potable water system. Because the Project is located within historically irrigated areas under these ditches, these irrigation rights are currently available and adequate to meet the outdoor irrigation needs of the Project. A "can and will serve" letter from the Roaring Fork Water and Sanitation District is included as Appendix C in the Water Supply Plan (Binder 3, Tab 1, Item F of the PUD/Preliminary Plan Application), 7. Method of wastewater treatment and disposal Wastewater treatment and disposal for the PUD will be provided through a centralized sewer system owned either by the POA or the Roaring Fork District. The Roaring Fork District's current wastewater treatment plant on the Roaring Fork River is located approximately 1000 feet from the Project, is not presently sized to provide wastewater service to the PUD and an entirely new phase of the treatment plant would have to be financed and constructed for that purpose. Nonetheless, CI is currently negotiating with the Roaring Fork District over a pre -inclusion agreement that would, upon final platting of the first phase of the Project, provide for the inclusion of the Project into the Roaring Fork District and the connection to the Roaring Fork District's sewer plant. Given that those negotiations have not been completed, that the parties have not fully defined the cost of connecting to the Roaring Fork District's wastewater treatment plant, and that such a connection presents environmental permitting challenges, Cl seeks to reserve the opportunity to develop its own wastewater treatment plant on the west side of the Roaring Fork River, to be owned and operated by the POA, with the expectation that the facility, as well as all associated sewer lines and lift stations, will be transferred to a special district approved for the Project. A "can and will serve" letter from the Roaring Fork Water and Sanitation District is included as Appendix D in the Sanitary Sewage Disposal Plan (Binder 3, Tab 1, Item G of the PUD/Preliminary Plan Application). 8. Type or method of fire protection. 4 Attachment F PUD Description River Edge Colorado Project Description The Project is served by the Carbondale and Rural Fire Protection District. Ilydrants and water supply meeting the requirements of the applicable fire code and ISO standards as detailed in the Water Treatment and Distribution Design Report (Binder 3, Tab 1, Item D of the PUD/Preliminary Plan Application), 9. The names and addresses of mineral rights owners on the affected property and mineral rights lessees; names and addresses of water rights owners. C.R.S. §§ 24-65.5-101 et seq. and ULUR § 4-103.F.2 require that notice of hearings be given to the owners of mineral estates within the boundaries of the Property. The title commitment prepared by Stewart Title Guaranty Company, Order No. 941686 and Effective Date December 28, 2010, references two interests in oil and gas in the property. 1. A 6.25% royalty interest, conveyed by quitclaim deed dated December 18, 1964, to T.M. Sanders, recorded in Book 362 at Page 445; and 2. A reservation of an undivided 1/50 interest of all oil and gas lying under the property, by Elia J. Chase in the deed dated June 12, 1948 and recorded in Book 258 at Page 594. The title commitment does not indicate that a mineral estate owner has Bled a request for notification as provided in C.R.S. § 24-65.5-103(3). 8140 Partners, LLC searched the telephone directory of general use in Garfield County, and conducted a search of the tax records at the Garfield County Assessor's Office. Neither the name nor the address of the above persons could be located in either record. Moreover, a search of the Garfield County Assessor's records did not reveal any mineral estate owner under the Property. Pursuant to C.R.S. § 24-65.5-103(2)(b), since the Garfield County records do not identify any mineral estate owners, including their addresses of record, Cl is deemed to have acted in good faith and shall not be subject to further notice obligations under the statutory or County notice requirements. Therefore, there are no mineral interests that require notice under the ULUR or statute with respect to the PUD/Preliminary Plan Application. 10. Description of natural and manmade hazards. Based on the independent Geotechnical Engineering Report, enclosed with the Application (the "Geotech Report"), and the hazard mitigation plan enclosed with the PUD/Preliminary Plan Application (the "Hazard Mitigation Plan"), no significant risks from natural hazards are posed to the Project, and the Project will not exacerbate existing natural hazards within and adjacent to the Property. Notably, the Hazard Mitigation Plan incorporates the recommendations made in the Geotech Report and proposes additional mitigation measures or options to ensure a safe and successful Project and to comply with requirements of the ULUR. See Geotechnical Report provided in Appendix J of the Impact Analysis; and Hazard Mitigation Plan provided in Tab 6, Item b. of the PUDIPrcliminary Plan Application. 5 Attachment F PUD Description River Edge Colorado Project Description The Geotech Report identifies the following five conditions of a geologic nature that were considered in Project planning and are addressed by the Hazard Mitigation Plan: a. a potential sinkhole hazard, b. potential terrace escarpment instability, c. active stream bank erosion, d. potential debris flows and floods, and e. earthquake considerations. First, the Geotech Report identifies nine (9) general sinkhole areas and (3) three sinkhole hazard zones within or in the near vicinity of the Property (Hazard Zone 1, Hazard Zone 2, and Hazard Zone 3). Hazard Zone 1 is described as having a high risk of new sinkholes or existing sinkhole reactivation occurring during a reasonable exposure time for the proposed development. Consistent with the Geotech Report recommendation, no buildings or movement sensitive facilities, including utilities, are proposed for Hazard Zone 1. A few roads are planned for Hazard Zone 1 but the sinkhole risk will be mitigated, in accordance with the Geotech Report, as detailed in the Hazard Mitigation Plan. Hazard Zone 2 is described as an area having an uncertain risk of new sinkholes based on currently available information. The Geotech Report recommends that additional subsurface exploration occur to assess whether the sinkhole risk is acceptable to locate buildings in this zone. Consistent with this recommendation will conduct additional testing prior to development of the Project, including as part of Phase 0, in order to determine if the risk is acceptable. If it is determined that risks demanding mitigation arc present, CI will take necessary action to mitigate potential building damage, protect utilities and roads, and/or relocate facilities as necessary in accordance with the Hazard Mitigation Plan. Hazard Zone 3 is described as an area having a low risk of new sinkholes developing during a reasonable exposure time for the proposed development. Because such area is not risk-free, consistent with the Geotech Report's recommendation, CI will conduct additional testing prior to development of the Project, including as part of Phase 0, in order to determine if the risk is acceptable. If risks are identified, appropriate mitigation measures will be implemented in accordance with the Hazard Mitigation Plan. . Second, the Geotech Report notes that steep terrace escarpments are present along the Roaring Fork River and the lower reaches of Cattle Creek. These escarpments are not suitable for building sites and buildings should be setback from the top of such escarpments. Consistent with the foregoing, the proposed areas for development within the Property do not encroach into these escarpments. Third, the Geotech Report notes that active stream bank erosion during high flood flow is occurring along the Roaring Fork River and Cattle Creek in several areas where these streams flow along the base of the steep terrace escarpments. These areas fall within the RFC Conservation Easement, and do not place the Project at risk. As such, no mitigation is required. However, CI has proposed to RFC that some mitigation be done to these areas to preserve the conservation values within the RFC Conservation Easement. CI will seek RFC's approval of certain mitigation actions within these areas as part of Phase 0, such as, armoring these areas to 6 Attachment F PUD Description River Edge Colorado Project Description prevent further erosion. If approved by RFC, these areas will be further investigated and a detailed mitigation program will be developed as part of the reclamation plan for Phase 0. Fourth, the Geotech Report notes that coalescing alluvial fans developed at the mouth of the numerous, small drainage basins on the east side of the Roaring Fork Valley where the ephemeral streams discharge on terrace surfaces. With the exception of the Executive Lot at the southern end of the Project, development is not being proposed on the alluvial fans. Mitigation measures, such as flow diversion or deepened foundations, on the Executive Lot will be incorporated into the final design based on further field investigations and the construction activities planned for this lot. Lastly, the Geotech Report found that moderately strong ground shaking should be expected during a reasonable exposure time for the Project, but that the probability of stronger ground shaking is ]ow. Moderately strong ground shaking generally is felt by most people and may cause alarm, but it results in negligible damage to structures of good design and construction. Therefore, consistent with the Geotech Report's recommendation, CI intends to design buildings and facilities within the Project to withstand moderately strong ground shaking with little or no damage and to not collapse under stronger ground shaking consistent with Garfield County Building Code. In addition to the foregoing, per the Geotech Report, prior grading activities on the Property may pose a risk because it is unclear whether the fill in all areas were adequately placed and compacted. To eliminate any potential risk, CI will conduct additional geotechnical testing prior to development of the Project, including as part of Phase 0 described above, in order to determine if soils should be removed, replaced, and/or compacted. CI will take necessary action based on the results of such testing in accordance with the Hazard Mitigation Plan. CI's proposed mitigation strategies are detailed in the Hazard Mitigation Plan. The actions proposed ensure the protection of structures and facilities from damage. To the maximum extent practicable, CI has avoided development of areas that pose more significant risk. 11. Discussion of impacts on County services, schools, town services and any other unique operation that may be pertinent to a review of the proposed zone change The Property will have minimal, if any, impact on infrastructure in the area, County services, schools, or Glenwood Springs or Carbondale services. The Project will not be accessed by nor impact any County roads. The main entrance of the Property and the two (2) EVAs will access SH 82, which falls within the jurisdiction of the CDOT. In addition, as noted above, all internal roads will be privately owned, operated, and maintained by the POA, and will provide no demand on County services. The density of the Project, and increase in school age children in the area anticipated from the Project, does not warrant the construction of a new school. CI will make a cash deposit to the Roaring Fork School District RE -I (the "School District") in lieu of dedicating land. This said, 7 Attachment F PhD Description River Edge Colorado Project Description CI has preserved its ability to work with the adjacent property owner to secure land for the School District if public access issues associated with the Property are resolved. The Project's impacts on water and wastewater services are discussion in criterion 6 of Section 1 and criterion 1 of Section II in the Rezoning and Subdivision Justification Report (Binder 1, Tab 2 of the PUD/Preliminary Plan Application). The existing fire and law enforcement services are available and adequate to serve the needs of the Project. The Project is within the Carbondale and Rural Fire Protection District. CI has met with the Fire District about the Project and the Fire District has expressed no concerns with serving the Project. Law enforcement services are provided by the Garfield County Sheriff's Department. The potential fiscal impacts of the Project, including, without limitation, impacts to the Sheriffs Department, were assessed in the River Edge Fiscal Impact Analysis, prepared by Economic Planning Systems ("EPS"), dated November 16, 2010 (the "Fiscal Impact Analysis"). Based on EPS's analysis of the Project's fiscal impacts to the County in absolute and relative terms, EPS determined that the Project may result in a marginal fiscal loss to the County when the Project's affordable housing component is included in the analysis. However, when the Project's affordable housing component is excluded from the analysis, the Project provides an ongoing fiscal benefit to the County. Per the Fiscal Impact Analysis, this discrepancy is attributable to the fact that affordable homes generate significantly less property and sales tax as a result of lower market values and household incomes. This said, given that the Project's affordable housing program will alleviate a key issue of concern and several goals of the Comprehensive Plan, as detailed above, the Project will provide significant public benefits to the County. 12. Discussion of impacts on existing flora and fauna, air quality, wildlife, historical lands or sites, drainage or mineral extraction Please refer to criterion 4 in Section I in the Rezoning and Subdivision Justification Report (Binder 1, Tab 2 of the PUD/Preliminary Plan Application) with regard to the Project's impacts on flora and fauna/wildlife. The Project will have no negative impact on air quality. Rather, as noted above, by providing housing closer to employment centers located within the Roaring Fork Valley, the Project will promote energy conservation, improve air quality, shorten trips, and reduce traffic congestion. Based on CI's review of maps and records on file at the State Office of Archaeology and Historic Preservation Office, there are no historic or prehistoric sites in or in the immediate vicinity of the Project. The Project will not disrupt any drainage or have any negative consequences to water quality or flooding. The Project is designed to provide adequate site drainage and meet all applicable discharge standards. The Project will utilize the Urban Drainage and Flood Control District's ("UDFCD") Urban Storm Drainage Criteria Manual ("USDCM"), as amended, as the criteria for analysis and design of channels and hydraulic structures and as the primary guidance document 8 Attachment F PUD Description River Edge Colorado Project Description for the selection and design of stormwater quality I3MPs. The USDCM is the authoritative criteria manual in Colorado and the Rocky Mountain Region for drainage facility design. The Project will not impact mineral extraction within the Property. No mineral extraction activities currently take place on the Property. However, CI proposes to conduct materials processing within the Property over the course of development of the Project. Specifically, CI intends to process onsite sand and gravel deposits, claimed as a result of site development, for use in the construction of the Project. This use will include screening, crushing, washing, and the creation of concrete from processed sand and gravel resources. All activities will be conducted in a manner that meets or exceeds applicable noise, air quality and water quality standards and minimizes visual impacts through appropriate or necessary screening. In addition, in response to the County's request during the Pre -Application Conference for this Project that CI address the requirements of C.R.S. §§ 34-1-301 et seq. (the "Mineral Resource Statute"), CI contracted RMG Engineers to prepare a Mineral Resource Study of the Property. See Mineral Resource Study enclosed with the Application at Appendix P of the River Edge Colorado Impact Analysis, prepared by 8140 Partners, LLC, dated January 14, 2011 (the "Impact Analysis"). The purpose of the Mineral Resource Statute is to ensure that the state's "commercial mineral deposits" are "extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the populous counties of the state." C.R.S. § 34-1-301(1). Although CI has caused this study to be prepared as a courtesy to the County, CI maintains that this Mineral Resource Statute does not apply to the Project. The statute specifically provides that "lilt is the intention of the general assembly that the provisions of this [Mineral Resource Statute] have full force and effect throughout such populous counties, ... , but shall have no application outside such populous counties." Id. § 34-1-301(2) (emphasis added). The statute defines "populous county" as "any county or city and county having a population of sixty-five thousand inhabitants or more according to the latest federal decennial census." Id. § 34-1-302(3). The most recent federal decennial census (i.e., Census 2000 because Census 2010 is not yet released) provides that the population of Garfield County is 43,791. Because the population threshold of 65,000 is not met, the Mineral Resources Statute does not apply to the Project. Even if Garfield County's population threshold was met and the Mineral Resources Statute did apply, based on the Mineral Resources Study, the mineral deposits located within the Property are not "commercial mineral deposits" as such term is defined by the statute. Per the study, the deposits within the Property have limited economic significance and strategic value in the context of Garfield County's overall resources and development, and do not constitute a significant economic or strategic value to the state or nation. Moreover, extraction of any such deposits on a commercial scale from the Property is infeasible for various reasons, including, zoning and planning designations, surrounding development, conservation values adjacent to the Property, groundwater, and the location and preservation of the RFTA ROW for a rail corridor. 9 Attachment F PUD Description Attachment G — Summary Maps [See also full size (24 x 36) sheets accompanying this letter] SCC-COVER, 3 4 S RIVER EDGE COLORADO SUPPLEMENTAL SUMMARY SHEETS VICINITY MAP 9 10 INDEX OF DRAWINGS NO. SHEET TITLE 5500:01 SSW .01 SSO2.01 SS03.01 SSO4.01. 5503-01 SUPPLEMENTAL SUMMARY SHEETS COVER SHEET EXISTING CONDITIONS/LAND SUITABILITY MAP SUB—ZONE DISTRICTS OVERALL ZONING PIAN OVERALL STREETS, TRAILS, WALKWAYS ANO BIKEWAYS PLAN EROSION AND SEDIMENT CONTROL PLAN FINAL CONDITIONS OVERALL DRAINAGE STRUCTURES PLAN NOT FOR CONSTRUCTION PR!LMNMY ENOINEE5IPI3 IN IUPPORT OP T115 OARnflD COIMTYPND {II,2OI6/I6] ANO 91NIOq.45K1N (P1IELRMNMIY PLANT 1tENEW PROLES# /ON #IVES 5174E O0L0RA00 Th. sae p,app.e M tfina maps and drMnp, and IM .s addled plan and retort, Is to .upped tM 655dd Cm./ 050114/444] and SrNIni4on iPnawnum! P154 mama, proem hated on rw reNi,errsnh d 6Kaid Coad, Ur1kd Lard the RaoM,tlon d 104x, as emended. TN macs .rd draxiro, and 54 anoddM pian 5d 04441, pmtimd 5 pewee deep leder& la o4 (4400 eo r55.015.nd 051(1,4.on0(.epn weed 5, 4a4ald [^^A. aIXenG 1.45 allo. ,.led lndtWaT stondark The mop.. and drindnh% 5.x44 itsoNated plant ad rtpina 5a 1Mdsd t. 0,44,0".404452445d PAN nral dwot a.. 5 ardnven4 and anew/ IPP..4.4 p pnedd. ePe prdm:iu.Y or Maldeypr info/nation rwoesaan, to support aN penn1024or approval pwafee..fotlw 4p50105 Thaw map. .nd d0xdris and 054.0 wdstod p44 .rd moon/ ware pr.par.2 Or 501025 0445505on da mon/me proren1and areinew WIMP. L Ottxa.9.ta d Uinta* Andado5 2 Enhn4u. 1144554044 112153 OWNER/DEVELOPER: Carbondale Investments. LLC 7999 HWY EZ CarbnnSSS, C011553 Rhona No: 974.455.5325 CML ENGINEER/PLANNER: 8144 Parinor s. LLC PO Box 4424 Eagle, CO 518310428 Phone Na: 885.931.8148 w rw.$t44paNn era .com PRELIMINARY NOT FOR CONSTRUCTION I 3//30/11 REZONING (P00) AND SUBDNISION (PRELIMINARY PUN) SUBMITTAL ISSUE DATE DESCRIPTION PROJECT NUMBER: 10-001 PROJECT MANAGER: S. 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R5.., KEY MAP; c"° - PRELIMINARY ° - PRELIMINARY NOT FOR CONSTRUCTION R€2073-145 iP1.417[ AND SLBON5101 (FRELIA1NARY 3-4001) 51.'&414110. :551:7 CATE ❑E5CR:971C201 PRD.:ECT NJM4ER: 10-.001 171714-57272 1.074A4E777: 5. OT3R0 DRAWN 1134: C. SNYCFR CHECKED BY! 5. ircRo SHEET TITLE: SUPPLEMENTAL SUMMARY SHEET EXISTING CONDITIONS/ LAND SUITABILITY MAP 3 5 7 44 t0 SHEET NU45BER: S.701.01 Attachment G Supplemental Maps G C 5 7 8 9 '0 250 SCALE IN SLIT Z 0 250 500 f PUBLIC L.AAD (PESCIL'h'L'F.% IBES R n T1O! 4l ) COMM -b7 WC IA (II /TEN COWJERr_ r.1I (LI1llTED) e COM AIE,S C'i 1 (LIMITED) • (- F PP5F. Ei7E8170 ERIEW5 {SHS2 �� r .. � [I29'SS� [TO 851.15 761 47 71KL 7ur1 • Paw 1) E4 -66flo C (2562I47) EE COMM A!"+2ER EFNLKw) A. 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SEC2C44 151E 4161. 20466 6514991 6141. 0.55E 4.0-R 021.6104 (16T. 1:0(400055 1.11, 40 5 80844 i CPP 6.5. 20,57; (1ST. 74701'(l9 Pm, M] 5 RE0AA 3 COP (12. 25582 4.41.0 Ex15i. C54151T 5UR141)01 0µ65 CW '408 EORK11159E 4)16 E15i 60 PRE578411rcy, R'.94r-6F-165 5 514176 AS 01140 66616.74111 5794E 61E. 60 SAL SE REL5_072 t5 8:6e-11-&4". -49' • PROP 66'.618: 13SL2PE I+6x101 00 6E 07RE0 R* SR1E 9E 514k PU.T} rRpi,R 04 i NOTE: T04)55Wa • '5. 1. 175 DETAILED PUD P.AHS, SEE 5.1E05 PUJ03.01-P:3D03.04. OWNER/DEME LC PE R: Edge COI ORAI)() 446 kradsl* Invealmants, 1115 728914M 82 C41bSnd1le, CO 61823 2, hells Net 970.458.5129 -f MIL ENGINEER/PLANNER: 8140 Pe rvwrs, LLC PO 339:0426 E.0416, CO 81637-0426 4440114) No: 884.934.6149 yr writ 46 part/wt.Com SURVEYOR: 74,77I -E' SC,175727,40 S1RYICd'S 72/ OVA •.w ur C+,rwd $,.-., Cdoode 510004 (4)44 925-7175 (f50 547.9971) 1+NOSCAPE ARC1•"LCT: 2 15 74 R 5 4 XE`.' MAF: RELORIN2 1,4+/1( PND 5'14951575 (P9LL218 Y 71224) 122515111)1. 551;! DATE DESCRIPTION PROJECT NU4$E5: 10-00' PROJECT MANAGER: 5. CTERO DRAWN BY: 7. 57Y6ER CHFCKFD Bs, 5. OTERO SHEET ':SLE: SUPPLEMENTAL SUMMARY SHEET SUB -ZONE DISTRICTS OVERALL ZONING PLAN SPED' HUMBER: 5502.01 Attachment G Supplements[ Maps 6 10 TASK 02 PRELIL P,AT\ENGINEER. NG & DESIGY \CACI\P,.AN SHEETS \SS03-STREETS250.0WG a C 3 4 5 250 17 250 5D0 SCA_E IN FEE, 1i it l'• 11� G 0. 7 / -SE7O' DAC a 10 9-132 • _ _ LI' .- ► pu5si-W.5, fit` f _ >� • ^ �'' 41551. - _.- tn5tot ...,-,,~% - . rr EP11i. _µe 41,5."1,C%VIA_+r _` s.■�► • t _=�_� .�-T '�'/ =�� • t -1 „F. y.. 1a31FRM1 5 aY , +.scrE+n 7 5 SOE.kx 0 ",-.Sj OE DELTEp10E0 BT p '^ !..r. 1101 .0 ttP. ;AS (3]YPNEI 119. &OERIN$ - LE(RT:p1 rrs DRaf 011 N KW) CW ROE 515'• 0 51.1120 ted€ S1pp4 -.00005 N'ER KCi .'C4'E LRS J WY- E E 0' 001 E 10 511 kd$R 41140. 1 -r 0* TYPICAL SECTQN A -A 52, 2c" Rol 045E501R 12' 5th 1600 �.OSEIR!R -0x5104 5 's5. -I I Io' W1. I TYPICAL SECTON B -B (' 00 6' P KO 5112475R 00102 .056E RWSi0E 1x01. f u' MVOerwE 14 -Y �IIIH N"CN E I 5' SUEWI( -;O 1P0n'Ex TYPICAL SECTON C -C ]' - 020 e0.5C0 5' 5' 51.'015 0- 0 MIME 500120 '4 011 1111ER TYPICAL SECTON 0 - DRY 71x152 109104 129. +5'51:-5 S• [55(50111 0,12E I1%iT1 M410"5 5011 Wir-Y-050 r soP. 1.411 r n„ ..8811. 7S..R.9DA! TYPICAL SECTON E -E 20220! 104.4 240115K0 101E LEGEND NOTE: PROP. 505E roue- 184.1. Me. LOT 144 PREP. NNP.E 01104E01101 P0E0. s011/RE 107455 1. FCR CET?, LEO S-RFETS, •FA1LS, WALKWAYS 2410 E3"X5WAV PLANS, SEE 5HEF75 CO/.01-C01,04. 2. FOR CETAILEO STPFFT AND TRAIL TYPICAL SECT'OFS, SEE SHEET C04.01. 1111(9 - 6x51. 2201 *on 1 .- j TYPICAL SECTON F -F ;5110 :Wall ' 501011 +5' Yt%A OER 0ROP, (NI 12- 52' 114RE2. 12' E75". LINO 151. Uhl: 001.550. NM* PROP. [ANE h t TT riRIS TAR(5 C151. LAE TYPICAL SECTON G -G (5242 .oLY,s.5. M2102 MOWN MVO t O WNER/41E5ELOPER, Ce1h011de'S ln0eelm Rn15, 11C 7995 HWY 02 C urhondxlr, C 0 01023 Phone Na: 570.458.5324 O 7:E ENG: Y[ER/ALANfv;R= 014005150511. 41_17 PO Box 0420 Egg's, CO 05651-0425 P1,000 50: 066.924.2110 wenn-0140 PitEn e1e,cRH11 1OY !1512: PRELIMINARY NOT FOR CONSTRUCTION ;5/512/11 REL40044 [PJ1] x200 Sl19Dh'150N (0RF.:JI NARY 0;40) 51140111 ,41 SSJE OATE DE5CRIPT:ON P ROJFCT NOV KR: 10-001 F ROJECT MANAGER.' CRASYN 47: CHECKED 13': 5. 00E00 C. SNYDER 5. 0LF RO 5HEET 0171.4: SUPPLEMENTAL SUMMARY SHEET OVERALL STREETS, TRAILS, WALKWAYS AND BIKEWAY PLAN SHFET N'J.IHF0! SS03,01 ,Attachment G Supplemental Maps 4 5 7 8 3 9 10 CIVIL ENG INLEIC/✓LAN NLR; 9140 Prrtnera, LLC 5 y0 S0%9424 S{3 Eagr& CO 51131-0426 Phone No: 499.534.5110 www.8140partrera.com NSINEERINC & DESICN\CAO\PLAN SHEETS\ S 4-ES-FINALPLAN25C.OWG f 0 N N Y Z 0 0 0 w 3 �ry 2 5 ❑✓1 6 A �E> �f= Baa E 0 2 7 5 0 250 500 SCALE :N FEET --- J •''1�I.11 hI, 3 r - 1x5'. BICE 4 -�- yam•• 5 1� Jnr _ 5 J J ,E4 Emir. Ect ger 5482 G r• Lt1y1. r• PRP. PAO i1ATORf. f= - RPP. 4.4'tR- • • "••ftr j pgvr. srom.. _ ._•J . ttxrl(TIl.cc tWAfe_ ■ r.Ta, 1 .844 '• r� r?SL.RB�4! • a4//rr Pow LEGEND PROP. CJLVERT 1C OLFEET PROP, C'JREI N EE/CAIC1� 34S1N PROP. C?-rANYF: /31701 EXL:5T- UJILU11,3 EX:ST. FLDDDPWN L:Ln15 E1(:ST. CASEMENT LISE EXIST. PROPERTY LINE (IRON:€CT LTM: TS) EX:ST. PR.^.P>_R1' LINE EXL:ST--5WNSk:P LINE EXIST- SECTION LINE PRQPOSFD LROSION CONTROL t PDP PPE OUTLET PAVING E' .1 (PER COOT P55 E1-50!-17 STANDARD DRAWING) -92x.. Amor �CWL,N POrp - EVST 111 . GR6gl 9RM1[ ! •• NOTES: P IP1E r.. -jl '.O 1" 1-55 CETA!I ED EROSION AND SEDIMENT CGNIEOL FLANS F:NAL COND: TONS, SEE SHEETS FSO4.01-ESN .S 2- 155 WON DETAILS AND AE]JITI5NE/ INT ORMATION, SEL SILLT OR73.01. 7 3 5 5 7 9 10 OWNER/OEVCLOPE R' COLORADO C4051111410 Investments-, 135 7994 HWY 02 P60na N0: C110000411. CO 51523 470.450.5525 KEY MAP: 7142 PRELIMINARY NOT FOR CONSTRUCTION 1(34 1' ;SSLEE Pk7E 5170:11 NC (FM AND SJ37YIS10N (771107:74117! PEM) Sg017:11& DESCRIPTION PROJ{_CT .'4LME3t11; '.0 -COI ROJECT YANAGEFT: 5. OTERO {}7504:5 87. C. SNY©ER 51155K50 3Y: 5- OTERO SI:L[E "r%L: SUPPLEMENTAL SUMMARY SHEET EROSION AND SEDIMENT CONTROL PLAN FINAL CONDITIONS 51IEET N'JMECR: SSO4.O1 Attachment G Supplemental Mars TASK 02 PRELIM PLAT \ENGIIEER N0 & I SICN\CAC\PLJN SFEs7SVS05-:MA:NAc42t6.1)wc E 1) C ]SO 0 2517 5217 SCALE :5 FEET 4- r fxr5'. ,f - r=: a ,via =-- • Q: 6 IrSR:k 4'47 7 WS' 'CO LULSTK1 _� k` 0031. Pax xa'f3 1 � (f�NjL. 8th _ 7•�'E-1uFATNa4r R]I]-• /- ��-.•• t�.. : C1a51. R1' 1 f - Fff in 606.' :UK A.40 GifrER 571'11 • r pbilrr 001L'1 V•urxID l56r �wn� LEGEND •-.rN._-. .71.5- GErV- NAE. PAM, PCKI PROP. CULVERT & ODT_ET PROP.:.LRB INLET/CATCH BA515 PROP. CHA:4SFI /D•TCH E%ly BUILD:NS; %15 FLOCBFLA:N L 5 EXIST. EASEMENT LINE EX:5T. PROPER'"+' :INF (PROJECT LIMITS) EXIST. PROPERTY LINE EXIST1. 101 INE 1615?. SEC0'TION11555LINEL : -_ ' .5 P5p'. RAT6Ir" .� ellk$T1 POU -• �S. T.. r I r r& dseti: • E+RT. f •.::r 10 JF.',4 • l NOTE• 1. FON DETAILED BR:D;ES. CULVERTS AND DRAINAGE PLANES. SILL 5E6E15 Ck01.01-01,11.04. STRUCTURES 2. FOR SECTION DwT05f.5 462 .ADDITIONAL r.560 151:015, SEE SHEET O1033.01. OWNER/DEVELOPER: ge COLORADO Carbondale ITwoutmerrta. LLC 76.5.6 KIMY 87 Carbandale, CO 81423 Phone Na: 470.456.5325 CIVIL E^4UINLN/P;ANT5ER: 5140 Parpiei.. LLC 6 P0Box 042e Eagle, CO 9)631-0526 8 Phono N. 866.634.8140 wwr.r.e110partncra.com 615 VAP: PRELIMINARY NOT FOR CONSTRUCTION 1 WWI REOCii:kC {FUO; 42.111 SIJ13a.N5Lk (PRELN:15ARY FIA.5) S561i:TTAL ISSUE DATE DESCRIPTION PROJECT NUMUL1: D_COT P ROJECT N.A11AGER: 5- OTERC; DRA4T4 BY: C. 505DER CHECKED BY: 5. CTERO SMFF' SUPPLEMENTAL SUMMARY SHEET OVERALL DRAINAGE STRUCTURES PLAN S HEET NJMEIER: SSR5.€i1 Attachment G Supplemental Maps 2 4 8 I 0 IO Attachment H — CDOT Coordination Documentation CDOTCOM municatlon Documentation via Email and Attached Meeting Minutes — From: Roussin, Daniel cpanie€.Roussiri@DOT.STATE.CO.US> � LL Sent: Tuesday, April 12, 2011 8:53 AM To: Sam Otero <5am.otero@8140partners.com> Cc: 'Betsy Suerth' <bsuerth@garfield-countv.com>; Babler, Alisa <Alisa.Babler@DOT.STATE.CO.US>;'Kathy A. Eastley' <keastlev@aarfield-countv.coma; Carey Gagnon <ceagnon@aarfield-countv.com>; Rockwood Shepard ¢rockwoodahepard@tmail,comn Subject: RE: River Edge Project traffic Sam – In our meeting on March 30, 2011, it was indicated that CDOT should provide same comment on the viability of access for River Edge Project on SH 82 on the west of CR 113. t stated in the past, access to the west is in a good logical location, and it will be the 41'' leg of a major intersection and it meets the State Highway Access Code for spacing for major intersections. The west side isn't the problem; itis the east side. I believe the intersection will work in the short-term end long-term the east side of the CR 113 will need to be reconfigured. It will get complicated once the CR 113 Is signalized. The traffic study will need to demonstrate how the signal will work in the 20 year outlook. This will be the challenge. That is why the County and the applicant will need to have consensus on the future look of the Intersection. 1 do believe there is viability in the access and we can work it out. I look forward in getting a solution that will work for all parties. thanks Dan Roussin Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 970-683-6284 Office 970-683-6290 Fax From: Babler, Alisa jmailto:Allsa.Babler@DOT.STATE.CO.US] Sent: Wednesday, November 10, 2010 10:58 AM To: Sam Otero Subject: RE: Thanks Always good to talk to you. Let me know if you need anything else. Thanks, Alisa From: Sam Otero jmallto:sam.otero@8140partners.comj Sent: Thursday, November 04, 2010 9:11 PM To: Babler, Alisa; Roussin, Daniel Subject: Thanks Alisa and Dan: Thanks for meeting with me today. 1 will incorporate your recommendations into our process and we will be getting prepared to submit the interim step "technical memorandum", knowing that will be an expected comment from you all on our County application. Thanks again. W. Sam Otero 8140 Partners, LLC Logistics -Planning -Design Attachment H DOT Documentation Mail: PO Box 0426, Eagle, CO 81631 Street: 1143 Capitol Street, Suite 205, Eagle Direct: 970.445,8810 Main: 866.934.8140 Fax: 877.934.8141 CONFIDENTIALITY: This message is Intended only for the use of the individual or entry to which it Is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you believe you have received this communication in error, please notify the sender immediately by e-mail or telephone and delete the original message. Thank you. Original Message From: Roussin, Daniel Imaiito:Daniel.Roussin@DOT.STATE.COA151 Sent: Wednesday, August 11, 2010 5:05 PM To: Emily Gloeckner Cc: Sam Otero; David Millar; Gabler, Alisa; rshepard@westoaclnv.com Subject: Comments on Feasibility Study Emily - Here is our comments about the traffic analysis provided at ouriuly 21, 2010 meeting. I think these comments are similar to what we discussed at our meeting. If you have any questions, please let me know. Comments: 1. A level III traffic study will be needed for the access permit. The study provided was a feasibility study to examine three alternatives. 2. Based an the information provided, it appears that a second connection to 5H 82 will be acceptable as proposed in alternatives 2 and 3. 3. Alternative 3 is preferable as it provides more of a public benefit with the connection under the trail between the two parcels and will allow a balancing of the traffic volumes between the intersections. Additionally, this connection will provide for secondary access which Is generally required by local fire departments. 4. The level iii traffic study needs to include the following information: a. Recommendations for the entire intersection, including the east half of the intersection. This may include short term recommendations If the final intersection layout cannot be constructed at this time. b. Please provide copies of the signal warrants. While the peak hour warrant is a good indicator that a signal may be warranted, it does not appear that the peak hour warrant is applicable to this location. c. Please provide documentation for any traffic reductions being assumed in the trip generation. d. Sight distance. e. Queue lengths f. Other standard level iI€ requirements, see attached document. 5. It is our understanding that the local fire district requires secondary access for the development. Please provide documentation for our files. 6. The study will need to look at the Cattle Creek intersection as a whole, and may need to coordinate with the County to determine what improvements can be completed in the short term (developer responsibility) and long term. Dan Roussin Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CC 81501 970-683-6284 Office 970-683-6291 Fax Original Message From: Emily Gloeckner Jmailto:E.Gloeckner@fehrandpeers.coml Sent: Thursday, August 05, 2010 1:30 PM To: Roussin, Daniel; Babier, Alisa Cc: Sam Otero; David Millar Attachment FI COOT Documentation Subject: Rivers Edge meeting minutes Attached are meeting minutes from our meeting on July 21 for the River Edge Crossing development. Thanks for taking the time and we look forward to review comments on the TIS. Emily Gloeckner, P.E. Fehr & Peers Transportation Consultants 621 17th St, Ste. 2301. Denver, CO 80293 303 296.4300 x 1511 Attachment H CDOT Documentation RIVER EDGE CROSSING TRAFFIC STUDY Coordination Meeting Minutes Meeting: CDOT Coordination Meeting Date: July 21, 2010 Time: 9:30 a.m. — 10:30 a.m. Location: CDOT Region 3 Office, Grand Junction Attendees: Alisa Babler - CDOT, Dan Roussin — CDOT, David Millar — F&P, Emily Gloeckner -- F&P, Rocky Shepard — Carbondale Investments, Sam Otero -- 8140 Partners Meeting Minutes An appendix needs to be added to the report that shows the trip reduction backup. Access Code allows an internal reduction of 2% and 8% in the AM and PM peak hours, respectively. The 5% internal reduction is acceptable in theory as long as the backup information is provided. Justification is needed for the transit reduction. In general the reductions are so low that CDOT is not too concerned with the numbers, simply the justifications. Glenwood Springs and Garfield County is undergoing an access control plan for the Highway in the Glenwood Springs area. Dan has requested that the plan be extended south to Cattle Creek. The request may or may not be accommodated. He will let us know. CDOT appreciates the respect given to the access code and the category of highway for the study. Because a full access is not being requested with the study and the plan, CDOT can support the plan. According to Rocky, the Marand Road access can be moved in order to meet the access code requirements of 1 mile spacing if necessary. The Michigan U turn concept was discussed to accommodate left turning traffic at Marand Road. In general, the concept was supported. However, more detailed look will be required to ensure trucks can make the turn. The area north of the intersection maybe difficult due to grade differences between the northbound and southbound travel lanes plus the spacing of other access. The concept maybe more feasible south of the Marand Intersection. fp Ffft A & l'ftI.S ..rte neW,cr 50 ,911,11+001 Attachment H CDOT Documentation RIVER EDGE CROSSING TRAFFIC STUDY Coordination Meeting Minutes It would be helpful to have support from CDOT regarding the preferred scenario to order to get the PUC to agree to the concept of an underpass at the RFTA trail. Scenario 3 is the scenario that the development is pursuing. The additional connection internal to the site will allow for better distribution of traffic and smoother operations along the Highway in general. CDOT can include that the 2 access points is also in line with emergency access requirements, if that is the case. Considering the large size of the development (280 acres), 2 access points is not excessive. Public roads are easier for CDOT to support when granting access. They prefer the roads be public. The next steps will be to look at the intersection concepts to ensure the intersections can be built and the short term and long term concepts work together especially with the layout of the frontage road on the east side of the highway. A meeting will be necessary with the county and the resident engineer once the concepts are laid out. & Pi HO N...ro.s.11.. ..,.,1..11. Attachment H CDOT Documentation Meeting Agenda Carbondale investments Property (River Edge Development Project) SH 82/CR 113 Traffic and Access Meeting Wednesday, March 30, 2011 10:00 a.m. Garfield County Building and Planning Office, Glenwood Springs 108 8th Street, #401 Agencies: Garfield County Building and Planning and Colorado Department of Transportation Applicant and Representatives: Carbondale Investments, 8140 Partners and Fehr and Peers Meeting Facilitator: Sam Otero, 8140 Partners 1. Introductions 2. Agenda Review 3. Process Coordination • Current (Where are we as of today?) o Project o County o COOT • Future (Where do we need to be tomorrow?) o Coordination of process 4. 113 Intersection Discussion and Concept Development • Traffic Study (summary of River Edge Project analysis prepared to date) • 113 Intersection Discussions • 113 intersection Concept Refinement/Development 5. Next Steps Attachment H COOT Documentation Meeting Notes Attendees: Dan Roussin (CDOT), Alisa Babler (CDOT), D'Wayne Gaymon (CDOT), Roland Wagner (CDOT), Kathy Eastley (GARCO), Betsy Suerth (GARCO), Carey Gagnon (GARCO), Rocky Shepard (CDI), David Millar (F/P), Lee _ (SGM) and Sam Otero (8140) Note: the information presented below is not Intended to provide the full context of all the discussions, but to provide the highlights or primary points. High Points of Discussion 1. To date, the Applicant has submitted the PUD/Preliminary Plan application and received comments requiring additional data/clarifications prior to being deemed complete. The estimated PC Hearing dates being sometime in June/July. 2. Four meetings have been held between Applicant and CDOT over the past year. Beyond the requirements for preparing the traffic study, CDOT requested a three step process (of sorts) while moving towards an Access Permit a. Traffic analysis b. Intersection concept development (near and long term) c. Level 3 Traffic Impact Report 3. Coordination of the processes is required and running them in parallel is acceptable, assuming major milestones can be achieved. Applicant (Sam) indicated that a schedule could be developed to assist in this effort. 4. GARCO is currently assessing 28 State/County intersections to establish priorities for further analysis and possible funding. GARCO staff will be taking their findings to the BOCC in the near term to gain further direction. In addition, public outreach will be initiated to gain input on the process. CR 113/SH 82 is one of the primary intersections being assessed and concepts have been developed by SGM. SGM indicated that this intersection, in their opinion, currently warranted a signal due to pm peak volumes, CDOT (Alisa) stated that pm peak volumes alone would not necessarily create the warrant for a signal. However, both (GARCO/CDOT) agreed that special conditions at this location may exist and support the placement of a signal (further discussion is necessary). 5. CDOT (Dan) requested that the County involve CDOT directly in their intersection analysis process going forward and GARCO (Betsy) agreed. 6. Applicant (Sam) inquired if SGM could provide applicant a copy of their intersection concepts developed far the CR 113/511 82 intersection. 7. GARCO (Kathy) stated that it remains the responsibility of the Applicant to gain a complete understanding of the State requirements associated with the full intersection (west and east) and proceed towards gaining an access permit prior to Final Plat. Attachment H CDOT Documentation 8. GARCO will continue their intersection assessment process with much of the primary effort to be completed before the June/July timeframe. 9. Development timing for the Applicant will be market driven, but it is anticipated that development construction will be initiated in 2014/2015. 10. CDOT (DiWayne) mentioned that the project may require both a construction access permit (for reclamation and intersection construction) versus a final project access permit. 11. CR 113 is the priority roadway and easements shown on developed mapping on the east side should be verified. 12. Interim conditions — concepts discussed that would remain within existing rights-of- way and provide some initial intersection benefits. 13. Final conditions—concepts discussed that would achieve staking and intersection spacing requirements for full buildout conditions. 14. CDOT (Alisa) requested that an assessment of performance for interim condition concept be performed to determine when it no longer provides benefit. 15. CDOT (Dan) indicated that continued coordination between all parties is critical for this process going forward. Attachment H CDOT Documentation Attachment l — Revised Application Materials based on Property Transfer ALTA Commitment (6117I00 ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Stewart € ► title guaranty company Stewart Title Guaranty Company, a Texas corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned; Atithotized Countersignature Stewart Title Roaring Fork Division 60 South 8n' Street Carbondale, Colorado 81623 (970)-704-1000 ph (970)-704-0205 fax stewart title guaranty company a{fit--f /toff-: S en for- Chairma n of the Board Chairmaro of the Board gewZA__ President Order Number: 941686-C4 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A I. Effective Date: February 9, 2011, at 8:00 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: To Be Determined (b) A.L.T.A. Loan Order Number: 941686-C4 Amount of Insurance: . The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Carbondale Investments, LLC 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 82 Highway Glenwood Springs, Colorado 81623 Statement of Charges: These charges are due and payable before a Policy can he issued: Search Fee -$100.00 SCHEDULE A LEGAL DESCRIPTION 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 ata 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, bears S 78°49'20" E a distance of 2150.14 feet; thence, along said right of way line S 09°35°09 E a distance of401.79 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 5 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 5 30°47011 E a distance of 294.19 feet; thence, departing said right of way line N 89°53°16 W a distance of 218.07 feet; thence, N 40°23°30 W a distance of 69.38 feet; thence, 5 87°28°29 W a distance of 36.35 feet; thence, S 83°52°12 W a distance of 10.80 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 of 25.22 feet; thence, N 69°00°53 W a distance of 9.87 feet; thence, S 87°31'44 W a distance of 22.60 feet; thence, N 57°25°01 W a distance of 17.28 feet; thence, N 50009°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 of 25.14 feet; thence, N 47°41°50 W a distance of 78.78 feet; thence, N 30°26°40 W a distance of 24.58 feet; thence, N 25°47°01 W a distance of 30.08 feet; thence, N 18'11°39 W a distance of 34.61 feet; thence, N 30°58°21 W a distance of 29.32 feet; thence, N 21059°14 W a distance of 27.50 feet; thence, N 30016007 W a distance of 22.97 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 of 262.40 feet; thence, N 57°58°09 W a distance thence, N 53°43°31 W a distance thence, N 55°58°11 W a distance thence, N 56'14'57 W a distance thence, N 49°16°04 W a distance thence, N 44°30°51 W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance W a distance thence, N 32°49°55 thence, N 37°44°19 thence, N 18°10'02 thence, N 27°58°19 thence, N 35'01036 thence, N 41°32'47 thence, N 40°22°24 thence, N 64020°53 thence, N 45000036 thence, N 44°53°41 thence, N 32°35°48 thence, N 57°01°32 thence, N 30°33°12 thence, N 37°39°02 thence, N 37°32°30 thence, N 20'02°15 thence, N 39°52°25 thence, N 25°36°04 thence, N 30°34°08 thence,N 11°39°01 of 102.47 feet; of 105.38 feet; of 126.13 feet; of 118.42 feet; of 136.33 feet; of 150.05 feet; of 102.14 feet; of 552.12 feet; of 47.26 feet; of 109.20 feet; of 71.09 feet; of 152.23 feet; of 339.82 feet; of 34.06 feet; of 52.42 feet; of 154.66 feet; of 86.59 feet; of 44.89 feet; of 85.72 feet; of 79.09 feet; of 63.32 feet; of 33.98 feet; of 42.02 feet; of 107.17 feet; of 164.72 feet; 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, N 07'15'26 W a distance of 21.79 feet; thence, N 80051°11 E a distance of 50.00 feet; thence, N 89°15°06 E a distance of 65.56 feet; thence, N 57°50°04 E a distance of 50.12 feet; thence, S 84°51015 E a distance of 33.08 feet; thence, S 8199'50 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 37041°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 63034038 E a distance of 54.05 feet; thence, S 45°59058 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 thence, S 43°42°10 thence, S 31°36°59 thence, S 49°38°46 thence, S 45°3Q°55 thence, S 60°16°38 thence, S 73°16°24 thence, S 53°05°15 thence, S 63°37°30 thence, S 83°28°21 thence, N 86°20°27 thence, N 31°59°09 thence, N 06°58°38 thence, N 72°08°07 thence, S 24°51°03 thence, S 41°52°47 thence, S 54°44°21 thence, S 83°39°39 thence, S 5711°12 thence, S 41°51°16 thence, S 57°39°13 thence, S 49°55°38 thence, S 61°04°52 thence, S 71°46°03 E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance E a distance of 30.14 feet; of 69.77 feet; of 56.76 feet; of 40.12 feet; of 40.88 feet; of 43.39 feet; of 67.60 feet; of 15.86 feet; of 52.31 feet; of 46.95 feet; of 61.04 feet; of 47.07 feet; of 32.16 feet; of 7.98 feet; of 72.35 feet; of 50.71 feet; of 38.31 feet; of 87.15 feet; of 77.06 feet; of 88.65 feet; of 65.60 feet; of 74.96 feet; of 43.44 feet; of 55.45 feet to the point of beginning 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, County of Garfield, State of Colorado, being more particularly described as follows: Beginning Garfield County Surveyor's 2 112" Brass, found in place, and correctly marked as the southeast corner of said Section 7, thence 5 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 Easement 5 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 of 2815.00 feet, a central angle of 10°03°42 and subtending a chord bearing of S 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°54'10" W a distance of 64.72 feet; thence, N 49°54'10" W a distance of 86.97 feet; thence, N 48°11'10" W a distance of 54.30 feet; thence, N 5604727" W a distance of 123.97 feet; thence, N 83°4724" 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 of 33.84 feet; thence, 5 79°41'48" W a distance of 37.80 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 82032'35" W a distance of 28.23 feet; thence, N 59007'03" W a distance of 95.71 feet; thence, N 71020144" W a distance of 85.73 feet; thence, N 36043'10" W a distance of 93.22 feet; thence, N 25°39'22" W a distance of 181.92 feet; thence, N 65010'24" W a distance of 98.43 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 37027143" E a distance of 21.60 feet; thence, N 77°02'57" W a distance of 89.66 feet; thence, S 70°24'18" W a distance of 70.95 feet; thence, N 88°5919" 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 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 of 35.11 feet; thence, N 08°59'51" E a distance of 47.16 feet; thence, N 03°48108" E a distance of 36.48 feet; thence, N 04°40'52" E a distance of 71.03 feet; thence, N 07°37'51" E a distance of 54.66 feet. thence, N 29°28114" W a distance of 63.68 feet; thence, N 32°00'44" W a distance of 61.05 feet; thence, N 26°17129" W a distance of 55.52 feet; thence, N 38'14'36" W a 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°56122" 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°46103" W a distance of 24.70 feet; thence, N 28°5145" W a distance of 209.99 feet; thence, N 11°58'37" W a distance of 33.82 feet; thence, N 41'03'46" E a distance of 78.19 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°57146" W a distance of 141.45 feet; thence, N 09°56'14" E a distance of 50.76 feet; thence, N 19'17144" W a distance of 91.04 feet; thence, N 44°41159" W a distance of 134.55 feet; thence, N 19°23149" W a distance of 74.i 8 feet; thence, N 19°33'06" W a distance of 43.27 feet; thence, N 21°30'01" W a distance of 72.23 feet; thence, N 00°16'30" E a distance of 217.77 feet; thence, N 00°16130" E a distance of 312.94 feet to the point of beginning. Together with, Parcel C: A tract of land 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 ata point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place and properly marked as the southeast corner of said Section 7, bears S 78°01'43" E a distance of 2054.18 feet; thence, along said westerly right of way line N 09°35'10" W a distance of 188.14 thence, 282.60 feet along the arc of a curve to the Ieft having a radius of 2915,00 feet, a central angle of 593`17" and subtending a chord bearing of N 12°21'49" W a distance of 282.49 feet; thence, departing said right of way line 5 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. County of Garfield, State of Colorado. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 941686-C4 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 941686-C4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10, Reservations or exceptions contained in United States Patents, Acts authorizing the issuance thereof, recorded November 17, 1893 in Book 12 at Page 255 as Reception No. 16539, recorded June 24, 1893 in Book 12 at Page 235 as Reception No. 16010, recorded December 4, 1894 in Book 12 at Page 339 as Reception No. 11720, recorded January 15, 1896 in Book 12 at Page 394 as Reception No. 19002 and recorded January 24, 1906 in Book 56 at Page 534 as Reception No. 31514; reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed by the authority of the United States. 11. Right of way granted unto the Mountain States Telephone and Telegraph Company as set forth in instruments recorded July 31, 1931 in Book 164 at Page 153 as Reception No. 110551 and in Book 164 at Page 154 as Reception No. 110552. 12. Easement Grant unto The Thompson Glen Ditch Company as set forth in instrument recorded January 26, 2011 as Reception No. 798016; and Quit Claim Deed unto Carbondale Investments, LLC, a Texas limited Liability company recorded January 26, 2011 as Reception No. 798018. 13. [Intentionally Deleted] 14. Oil, Gas and other minerals reservations as set forth in instrument recorded December 17, 1964 in Book 362 at Page 445 as Reception No. 228037. 15. Agreement recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450. 16. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 979 as Reception No. 549752 and Amendment recorded November 15, 2000 in Book 1217 at Page 601 as Reception No. 572246. 17. Oil and Gas reservations as set forth in instrument recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326. 18. [Intentionally Deleted]. 19. Easements and Rights of Way as set forth in Easement Grant recorded August 2, 1999 in Book 1142 at Page 963 as Reception No. 549751; and Amended to Easement recorded November 15, 2000 in Book 1217 at Page 588 as Reception No. 572244. 20. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 993 as Reception No. 549753 and Amendment recorded November 15, 2000 in Book 1217 at Page 596 as Reception No. 572247 . 21. Easements and Rights of Way as set forth in Grant of Easement, Open Space Easement recorded August 2, 1999 in Book 1143 at Page 1 as Reception No. 549754; and Amendment to Grant of Easement, Open Space Easement recorded November 15, 2000 in Book 1217 at Page 593 as Reception No. 572245. 22. Grant of Irrevocable License and Fiber Optic and Communications Protection Agreement as set forth in instrument recorded December 15, 1999 in Book 1164 at Page 818 as Reception No. 556678. 23. Grant of Conservation Easement as set forth in instrument recorded February 7, 2000 in Book 1171 at Page 929 as Reception No. 559036; and matters shown on Overall Conservation Easement Plat recorded December 24, 2008 as Reception No. 760571 24. Easement Agreement as set forth in instrument recorded November 15, 2000 in Book 1217 at Page 610 as Reception No.572249. 25. Ditch Relocation, Operation and Maintenance Agreement as set forth in instrument recorded October 3, 2001 in Book 1292 at Page 61 as Reception No. 589535; and First Supplement and Amendment to Ditch Relocation, Operation and Maintenance Agreement recorded January 26, 2011 as Reception No. 798017. 26. Board of County Commissioners of Garfield County, Resolution No. 2008-112 as set forth in instrument recorded October 7, 2008 as Reception No. 756914. 27. Grant of Easement Agreement as set forth in instrument recorded December 22, 2009 as Reception No. 760451. CONDITIONS . The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 13 of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.D. Box 2029, Houston, Texas 77252. Stewart Title MINERAL DISCLOSURE To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) 'I'hat there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Stewart Title DISCLOSURE The title company, Stewart Title - Roaring Fork Division -Carbondale in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. R! R � gd SAI • S, e C��6666 Eta 15m 14 4€ x. 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KO MY. 111511 .py. 191'6 wr+.m 7.1 5:51,4 _617..204...0 _. su _ 6 6614 v.setW 6906!4491 S.E. 4Ni. RIVER EDGE COLORADO SURD 1510N ALTA SURVEY MAP (20F 3) V01.02 -ILLI ,STurvey /Yap .4 Tract of Land situated in Sections 7 and 7g T 75., I'.88J3`: and in Sections / and 12, T. 7S., _i7.67911: of 'he 6't/ .P.Arf County of Garfield, State of Colorado And being more fully described below. jJ f. peuaO wars NlrmrR�'.. • IARrF.L C O. a:ra r:C- E rEERCL LEGEND INS anpigag wan•ser Yam.. He PRP9'n A (,Sf3U77! PARCEL)/- ;:;,.::�.� ��;. ]� 05.924 AC .+- ,::.... .. rte`: SW ..prfe 40 naffs L PARCEL Lf (WORN! PARCEL): • k.20 Z5. [1`' f1`' • • f:. GRAPHIC SCALE - R 100.,, 1luod pin n.efooea C�.re,-..a.,;, epi. OnFF/OP£�P rrr COLORADO .101:11 Inulals2.1 TUTTLE 51f11VVVIME SERV C S TUJ7ZE' sezorsi7.Yc SE2V/CE'S 727 Boake Grm.w.y Sv+:,gs. CWWGV." 8T.60; !a 70) 92F-5.708 ;F . 9e7-9697) l�Jlp�s va-cw+ :11,11 ASK JOT . +WC . br PYA n:in Lan,\ Klt•PAPb,w. o Jda/z::N+ SME, ''[i RIVER EDGE COLORADO SUBDNISION ALTA SURVEY MAP 13 OF 3} WS ...WE,: V01.03 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com ® PLANNED UNIT DEVELOPMENT (PUD) O PUD Amendment (Check the Appropriate box above) GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Carbondale Investments, LLC > Mailing Address: 5121 Park Lane Telephone: ( )See Owner Rep. > City: Dallas State: TX Zip Code: 75220 Cell: ( )See Owner Rep • E-mail address: See Owner Rep. FAX: ( )See Owner Rep. Note: All mailings concerning this application should be sent to Owner Representative » Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): y Rockwood Shepard, Project Executive • Mailing Address: 7999 Hwy 82 Telephone: ( 970 ) 945-2113 > City: Carbondale State: CO Zip Code: 81623 Cell: ( 970 ) 456-5325 • E-mail address: rockwoodshepard@gmail.com FAX: ( ) • Property Parcel ID 239318200102 > Existing Property Zone District: Residential Suburban > Existing Comprehensive Plan Designation: Residential High Density (Comp Plan 2030) Y Proposed Zone District: Planned Unit Development > Purpose for the proposed rezoning to Planned Unit Development: To allow for the development of a "clustered -form" residential subdivision with a variety of lot sizes and overall residential densities similar to those allowed by the current zoning, extensive community open space and parks, and suburban -type infrastructure and amenities. Note: Although the term "clustered" is used to describe Ole development Vhraughcut The application, th s appticatton to NOT being made under the cluster or conservation proNstors of the ULCER. Sae Attachment A-PrC,'ect Narrative fore more delaited description of the Project. Last Revised 12/12/08 A 6 A 4 }57 a• ■ 1aaa.1 a w ae\�� • 1. ■ a a , 1 RIVER EDGE y ' COLORADO ", PROPERTY '' • w ' 564 e r r.17 SCALE • FEET 115 101 • RIVER EDGE \ COLORADO PROPERTY 509 ,■ \ 110 ("1-1-77—TC'r-x� QwnerIDeraloper: I� dge. COLORADO C#rbontlah Imaatm■ni■, LLC 7996 PIWY 62 Carbortdata, CO 67613 ?hon# Ho; 670.466.332$ IC6 105 100 171 Title: DEVELOPERS PROPERTY AND RIVER EDGE COLORADO PROPERTY Prepared by: 8140 Partners, LLC Date: 04/18/2011 A_ahfb€t: 1 App. E-1 F19175\41SC RE'ORT FIGURES\P'J7-A7JAC g� 23 PARCEL OWN E RS28IP LIST PARCEL KEY NUMBER NW ADDRESS C1TY STATE I1PCODE PA_ROIIN_IJM_1E_R A GAMED COUNTYCOM MERCIALINVESTME NTS,LLC _ 1445 ROSS AV ENUE• SLATE 37!70 OA11AS T% 75202-2799 g GARFIELD COUNTY COMMERCIAL1NVEST,MENTS, LLC 1415 ROSSAVENUE, SUITE 3780 DALLAS TX CO CO 75262-1797 103 101 BJRRY RANCH.L1.P 91753164'.3AY Al CARBONDALE 816239682 3152.3-9682 237318400144 239318100141 BURRY RANCH NIP 9175 Li GH'WAY82 CARBONDALE 102 ROARING FORK WAFER & SANITATION DLSTRIOT PO BOX 376 G:ENWOOD SPRINGS CO 03101 239310200416 _ 103 141 340610003 ERS ASSOCIATION AT ASPEN GLEN CC3 011AM0 EAGLE WAY 065609DALE CO 61623 239310281068 VI WERE,T1g1DTHY P.&SUSAN : 2046LAR1ET IN GLENWOOD SPRINGS CO 31603.9657 239513131670 105 _ 0I EASON, WALTER M, ESTATE OF 10170 CIAJRCH RANCH WA6 780 WESTMINSTER CO 80021 2393183.71166 106 ASPENGLEN WATER &5AIYITA710N DISTRICT 9029HEGHWAY32 CARBONDALE CO 316739697 239513102065 107 HOMEOWNERS ASSOCIATION AT ASPEN GLEN 00047970410 FAGI E WAY CARBONDALE (0 81623 239512477001 708 RUDD LIM TEEDtFABIUTY COMPANY 00132 PARK AVENUE BASALT CO 61621 2393111117359 1003 SHERIC%. 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TRUST LRD 11,026J91 1117 COUNTY ROAD 110 GLEN W040 SPGS 00 81631-9603 239308301107 122 WA ECFRT1R, DONALD G.&BONNIE F. 74161BChWAY117 GIN W0003P115 CO 01601.9307 239307430MA 173 OP INVESTB!ENTS, LIC 855 ROSE IAN[ 066806DALE 110 81623 239347470017 124 57EE3E, W -E. &N.M.,FAMFLY LIP PO 4011507 GLEN 53000 SPG5 CO 31607-1307 239337400003 175 FO'WWE, IOHN1 & HEATHER 0 552 COUNTY 8047110 _ GLENWOOD SHAGS. 011 81501 239307433011 176 RA334A3 HOFS LS & PROPERTIES INC 11113(ANF C0/1013SF 4711 BAY HARBOR ISLANDS F1 .11154 339307400124 127 PAYNE,.JCPAN3179 5.8 WAYAE S. PO BOK 3133 ASPEN GLENW000 SPRINGS CO 83€12-6198 2393074341061 170 HADAR, JOHN B 11(78000NTY ROAD 110 CO 81501 239308330)07 129 D020R ET; 111) 'OLD OR. 240 CORPORATE 8IVD NORFOLK VA 23542 219512110796 130 PERKIHS.MELVIN 13 PHYLLIS M. 444 CO3NTY ROAD 1111 GLEI:WDODSPGS CO 61.601-9604 239307400678 131 _ GREMEL HOID:NGS, LiC 6311 COMP/ ROAD 110 GL£kW000SPRINGS 00 81601 239307440027 137 !ANCA REAL ESTATE N0L81NG510 7466 HIGHWAY 60 STE 209 G1(1W000SPGS CO 81601 239307443706 133 00200042, RONALD DR. 240 CORPORATE 1150 NORFOLK VA 71507 739517110795 1.34 1306361OGE PROPERTY OWNERS. ASSOC INC 13337Wf5TBA1:11 ROA D GLENWOOD SPRINGS CO : 61601 239512124101 1.35 RANDS, DALE 771W1034518654350EE 310 8106139'LELDHl1 L5 MI 48304 239512110744 136 IRON BRIDGEPROPERTY OWNERS ASSOCsic 1037WESTRAI.K ROAD 61001/000 SPRINGS CO 81601 239512124061 137 }p,HT, 20RIS M FAMILY TRUST 0329 CORYELI RIDGE ROAD GLFNW000 SPRINGS CO 81601 2395014031086 133 0.0113A, NICHOLAS :A_&JUNE E. 485COUNTYROA)167 GLENW000 SPGS CO 81601-9335 239501440087 1.19 GASTRIC, ILUGOA P0BOX 1477 CARBONDALE CO 81673 239501402005 140 GARFIELD COUNTY 10113TH ST STE733 GLENW000SPG5 CO 11601.3363 219307100601 141 PERAU R0NAL13G 700 DEER RUN TRAIL 311000 CO 81650 239307101902 142 _ VAN RA NO PARR ASSOCIATION PO 30 M4 GLENWOODSPGS CO 31602.0218 239307101611 143 (IiO:CE VENFIHES, LLC 8621 COUNTY ROAD 301 PARACHUTE CO 81635 239307101011 144 PINYON MESA DEVELOPMENT WC PO6001717 5HOWNA55VUAGF CO 61915 739367106001 145 REINKE 1-10(33 5 2140 SOUTH WOI F ROAD DES NAMES IL 67018 239307101003 146 K3LiLC 1011011135435031 SASA LT CO 81621 239501400037 147 RUDD LIMITED LIABILITY COMPANY 57 FIYIHG F153 RD CARBONDALE CO 61623-9540 239501409004 148 13 LAZY F, 11C PO BOX 135 CARBONDALE CO 81673 239501400137 143 GIF NW00 D REAL ESTATE I3Vf5T9RENT,11.0 2401300TH AVEN•3F GRAN D1UNCTION CO 81501 234306301014 150 RUDD LIMTFO LIA618TY CO N PANY 57 FLYING FISH RD [ARBOC40ALE CO 81623.9540 239501409003 151 ±051(1111 GEORGE 1213 COUNTY ROAD 111 CA410NOALE CO 81623 239385301(319 750 764505EIELO, LINDA &MICHAELL 11080315RR _ GLENWOODSPRIN GS CO 81607 239305301005 153 0005039. DAVID 5. PO BOX 243 GLENW'OODSPREN 65 CO 81632 739306303345 154 REYNOLDS, INILIAM W. & 1160 BROADWAY 90210 60110E11 CO 87302 239306301007 153 _ BARNETT FYRWAtD 14019035, INC 5637 PRF40ENTCLINTON AVE 5TE 310 U1T1E RGCK AR 72203-1760 2]95014(10079 756 4005ONLLLP PO803249 GIENWOOD SPRINGS CO 81(02 239306301008 117 ELIC SPRI94GLIC 141WJAGf5ON BLVD STE 1720 CHICAGO IL 6(6043031 2391064(10119 753 1RO1:8RIDGEPAOPEATY OWNERS 1007WE5T1ANK ROA 0 GIENWOOD SPRINGS CC 81301 239505424337 159 ROARING FORK TRANSP OVATION AUTHORITY 530 EAST MAIN STREET ASH N CO 81611 2393283(43224 160 BOAR 375COUNT9 ROAD 152 RIF1E CO 815553411 161 9E210ER50N, THOMAS BRAND& SUSAN STEIGER 472 RFD R40E3NTAIN DA 61LNW00051105 CO 816013239 239512127094 762 C6OCI:ET1, 51 FIN PO 1303 )837 ASPEN (0 81612 239517121085 763 L8 ROSE PA NCH EIC 1937 WES:MANX ROAD GLENWOOD SP RINGS CO 81631 139512127036 154 RED EAGLE DEVELOPMENT, LtC P08003913 BASALT CO 81671 239532127377 165 D'AMICO, S TEVEN& ELSE 17260E-0CICHAWKDRI VE 610 RANCHO NM 87144 239512127388 166 LS ROSE RANCH LIC 1007 WESTBAN31 1.090 GLEN 0263/3 SPRINGS CO 81601 239512127089 167 AAARIENTNAL, DE80AAH134INGTAUST& 406 RIVER BEND WAY GLENWOOD SPRINGS CO 81601 239512111396 163 TRU2KIN, DEA 15&LI RDA 3535 MARDI RANCH 1114451030 FL 13331 239512118091 169 TASRCR INVESTMENTS Lit 166 DIANNN13 AAANCI) RQA0 E CAR80NDALE CO 81623 2395121111097 177 TA58ER INVESTMENTS ll[ 106 DIAMOND A BANCIIROAD E CARBONDALE (0 81623 219512118093 371 RAHCS DALE 17154IONGIA15 ER05UlI E 318 BLOC MFIFL O 1{1106 Ml 483114 239512118344 172 00706002, RCN At069. 246 CORPORATE SIVD NO9FOCIC VA 23562 239512118095 173 00703ET2, RONALD DR. 240 CORPORATE SLVD NORFOLK VA 23500 239512118096 174 WisTWORT4, ROCKY G. MARY 5 270 RIVER 8EH3 WAY GLENWOOD S RINGS CO 51601 239513118106 175 %11796103 LYNN &COURTNEY 0214 Will ROSE DR G:EHW0065PRIN65 CO 81661 2395 3118 07 176 14013ES, LEVI 10S13LAA& EU2A3E'.Tt MOCK P06034076 BASALT CO 61621 239512310301 177 MATHESON, OAV63&PALIA 172WIL0SOS E 0#N0 GLENWOOD. 5PR11965 CO 81.501 239512118109 173 SENNETT,M:CHAEL A&JATNKCE E 158WIID SOS JANE GLENWOOD SPRINGS CO 81601 239512113t10 179 WOODARD, RENT8 KAREN PO 11001517 ASPEN CO 85612 2395)2115111 103 WELS;ARGO BANK, NA 7303501f(H 0E00RA004000 IOW 2 DENVER f0 80222 239512118117 161 5761915056, 1188E CAUSA 811 41179{1{1 PO BOX 1165 CA51CN1ALE CO 81623 239512118113 787 CROWLEY, FAMES C 8 AU0RE91 74651OAR SHORES RD V ERO BEACH FL 32963.1101 239512118114 363 IIC17'2MAN, CA/MUD: L. 1775 UL11N IU RD APT 7 K1HU l4I 96753 239512116115 Ow, ell t}aveloper: [r RiVerEdge COLORADO Carbondale 3nvN1m9o111, LLC 7840HWY32 5010666da14 CO 41623 Abon1 No: 1170.460.3321 Title: ADJACENT PROPERTY OWNERSHIP MAP (2 OF 2) Prepared by; 8140 Partners, LLC D0811: 04/13/2011 EJLhlbl; 2 App. E-2