HomeMy WebLinkAbout01.02 Pre-Application Conference SummaryGARFIELD COUNTY
Building & Planning Department
08 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.oarfield-county.com
PRE -APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2187-211-00-137
2187-161-00-138
2187-262-00-135
2187-154-00-136
DATE: October 7, 2009
APPLICANT'S PLANNER: Gamba & Associates (Mike Gamba)
OWNER: Spring Valley Holdings, LLC / Spring Valley Development, Inc. (Danny
Goldberg)
PRACTICAL LOCATION: A tract of land situated in portions of Sections 14, 15, 16, 20, 22,
27, 28, 29, 32, 33, and 34, T6S, R88W of the 6th P.M. Located in
the Roaring Fork Valley, west of Missouri Heights in the Spring
Valley area above the towns of Carbondale and Glenwood
Springs containing 5,948.277 +- acres.
TYPE OF APPLICATION: Final Plat for Phase I of the Spring Valley Ranch PUD
I.
GENERAL PROJECT DESCRIPTION
The BOCC approved the Spring Valley Ranch PUD
and Preliminary Plan on December 7, 2007. The
BOCC granted a 1 -year extension to file the Final
Plat for Phase I until December 7, 2009. The
Applicant is now preparing to file this Application
for phase I which generally includes platting of the
open space, and improvement to the main
entrance of the project which includes a short
(700 -foot) section of road into the development. Applicant will also need to address
any applicable conditions of approval specific to this phase as memorialized in
Resolutions 2007-55 and 2007-56.
II. REGULATORY PROVISIONS APPLICANT I5 REQUIRED TO ADDRESS
(DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
The Garfield County Unified Land Use Resolution of 2008, as amended includes the
pertinent sections to address the two requests listed above.
Section 5-305 Final Plat Review. Unless otherwise provided by these
Regulations, the applicant must receive preliminary plan approval before beginning the
final plat process.
A. Review Process
1. Application. The application materials required for final plat review are
set forth in Section 5-501 E.
2. Determination of Completeness. The Director shall review the
application for determination of completeness in accordance with the
provisions of Section 4-103 C, Determination of Completeness of Article
IV.
3. Schedule Review by Board of County Commissioners. Upon a
determination of completeness, the Director shall schedule the
application for review by the Board of County Commissioners.
a. The Board of County Commissioners shall consider the final plat at
a regularly scheduled public meeting to be held within forty-five
(45) calendar days of the date of determination of completeness.
Final Plat approval does not require a public hearing.
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the final plat for compliance with
the conditions set forth in Section 5-305 C, Conditions for Final Plat
Approval, and prepare a staff report pursuant to Section 4-103 E of
Article IV.
5. Review and Action by the Board of County Commissioners.
a. Decision by Board. The Board of County Commissioners shall
approve, approve with conditions or deny the application based
upon compliance with the conditions in Section 5-305 C,
Conditions for Final Plat Approval
(1) Approval of Application. If the application satisfies all of
the conditions, the application shall be approved. The
application may be approved with conditions determined
necessary for compliance with applicable standards.
(2) Denial of Application. If the application fails to satisfy any
one of the conditions, the application shall be denied.
b. Submittal of Final Plat for Signature by Board. The approved Final Plat shall
be submitted to the Board for signature within one hundred twenty (120)
calendar days from the date of approval of the final plat. All conditions of
approval shall be met prior to submitting the plat for signature by the Board
of County Commissioners.
B. Conditions for Final Plat Approval
1. Compliance with Preliminary Plan Approval. The final plat complies with all
conditions of preliminary plan approval.
2. Adequacy of Supporting Materials. The final plat meets all planning, engineering,
and surveying requirements of these Regulations for maps, data, surveys, analyses,
studies, reports, plans, designs, documents, and other supporting materials.
Liens and Encumbrances. The final plat does not include a lien, conveyance, or
encumbrance to the property dividing a lot.
4. Taxes. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
C. Recordation. The Final Plat shall be recorded within thirty (30) calendar days from the date
of signature by the Board of County Commissioners.
1. Completion of Conditions of Approval. The applicant must complete all conditions
of final plat approval prior to recording the plat and associated documents.
2. Approval of Improvements Agreement. The final plat shall not be filed for recording
until the Board has approved an Improvements Agreement.
3. Effective Upon Recording. The plat does not become effective until it is properly
filed for recording with the County Clerk and Recorder.
4. Public Sale of Lots. A subdivision becomes complete and eligible for public sale of
lots and development only after the plat and associated documents are recorded.
III. Submittal Materials
➢ Final Plat, as can be found in Section 5-501(E), requires the following materials in addition
to responding to the specific conditions of approval required in Resolution 2009-09.
1. Application Form and Fee
2. Vicinity Map 4-502(C)(2)
3. Final Plat
4. Final Engineering Reports and Plans
a. Streets, trails, walkways and bikeways
b. Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c. Mitigation of geologic hazards
d. Sewage collection, and water supply and distribution system
e. Soil suitability information
f. Groundwater drainage
g. Erosion and Sediment Control Plan 4-502(C)(4)
h. Final cost estimates for public improvements
The certification listing all mortgages, liens judgments, easements, contracts,
and agreements of record regarding the land to be platted and the Board of
County Commissioners may require, at its discretion, that the holders of such
mortgages, liens, judgments, easements, contracts or agreements shall be
required to join in and approve the application for Final Plat approval before
such Final Plat is accepted for review. All other exceptions from title shall be
delineated.
5. Landscape Plan (Common Area) 4-502(C)(5)
6. Open Space Plan
7. Open Space Management Plan
8. Improvements Agreement, if applicable [include "as-builts" in digital format, 4-502(1)
9. Letter of Intent for service from all of the utility service providers
a. Contract for Service, required prior to Final Plat recordation.
10. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and
bylaws
Public Hearing(s):
X None (unless the amended Preliminary Plan is called up to the
BOCC)
_ Planning Commission
_ Board of County Commissioners
_ Board of Adjustment
Referral Agencies: (Division of Water Resources, Colorado Department of Transportation,
etc.)
It doesn't appear that there will be any formal referral agencies outside of County Departments.
IV. APPLICATION REVIEW FEES
Planning Review Fees: $200.00 (For the Final Plat)
Referral Agency Fees: $0.00
Total Deposit: $200 (additional hours are billed at hourly rate)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts
applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case
planner makes a recommendation of approval, approval with conditions, or denial to the appropriate
hearing body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that may or
may not be accurate. This summary does not create a legal or vested right.
Pre -application Summary Prepared by:
//0
Fred A. Jarman, AICP Date
Director, Building & Planning Department
Attachments: Resolution 2008-55
Resolution 2008-56
Example Improvements Agreement
Approved Phasing Plan
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Friday, the 7th day of December, 2007 there were present:
John Martin , Commissioner Chairman
Larry McCown , Conunissioner
Tresi Houpt Commissioner
Don DeFord County Attorney
Jean Alberico , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2008-55
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT
DEVELOPMENT AMENDMENT APPLICATION SUBMITTED BY SPRING
VALLEY DEVELOPMENT, INC. FOR SPRING VALLEY RANCH PLANNED UNIT
DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Planned Unit Development Amendment application from Spring Valley
Development, Inc. to amend the Spring Valley Ranch Planned Unit Development; and
WHEREAS, Spring Valley Development, Inc. submitted a Planned Unit
Development Amendment application in order to amend the phasing plan for the
provision of trails and open space; and
WHEREAS, on September 12's, 2007, the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Planned Unit Development Amendment; and
WHEREAS, on November 13th, 2007, the Board of County Commissioners
opened a public hearing upon the question of whether the Planned Unit Development
Amendment should be granted, granted with conditions, or denied at which hearing the
public and interested persons were given the opportunity to express their opinions
regarding the issuance of said Planned Unit Development Amendment, and the Board of
County Commissioners continued the public hearing to December 7's, 2007; and
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WHEREAS, the Board of County Commissioners closed the public hearing on the
7th day of December, 2007 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned bearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning Commission and before the Board of County
Commissioners.
2. That the public hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues
were submitted; and that all interested parties were heard at those hearings.
3. That the proposed Planned Unit Development amendment is in compliance with the
recommendations set forth in the Comprehensive Plan for the unincorporated areas of
the County.
4. The proposed Planned Unit Development amendment conforms to the Garfield
County Zoning Resolution of 1978, as amended.
5. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Planned Unit Development Amendment request is approved for a
property owned by Spring Valley Development, Inc. with the following conditions:
1.0 The following conditions consolidate, amend, and restate as appropriate the
conditions contained in the various resolutions approving, extending or amending
the PUD for Spring Valley Ranch in Resolutions 2000-95, 2003-19, 2003-99 and
2005-83. They supersede and replace all of the conditions of approval in said
resolutions, and the conditions of approval set forth in said resolutions shall be
null and of no further force or effect.
2.0 All representations of the applicant, either within the application or stated at the
meeting before the Planning Commission or in the hearing before the Board of
County Commissioners, shall be considered conditions of approval, including at a
minimum, but not limited to the following:
3.0 The following conditions included in the letter received from Nick Adeh of NA
consulting dated June 13, 2000, are to be adhered to as a conditions of approval:
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3.1 Construct the west entrance to County standards as a paved road and stop
CRI 15 paving at this intersection.
3.2 The remaining segments of the CR 115 that are beyond the property
frontage must remain unpaved and rough as is.
3.3 Install selective signage on CR 115 just west of the PUD to discourage use
of Red Canyon Road as an alternative access to State Highway 82.
4.0 During construction, the applicant will be responsible for all dust mitigation
caused by the project on on-site and off-site roads.
5.0 Access for out parcels shall be shown on the applicable final plats.
6.0 The monitoring plan for the best management practices shall be controlled/
implemented by the Home Owner's Association or another body capable of
managing the plan.
7.0 All of the proposed Development Phasing Schedule be modified to require the
final platting of all phases within 15 years of the platting of the first phase and
that the completion of construction periods may be less as required by the
applicable subdivision improvements agreement.
8.0 Based upon the representations of the applicant, accepting the provisions of the
letter of Mr. John R. Schenk, dated September 12, 2000, the following condition
is imposed:
8.1 The Covenants, Conditions and Restrictions (CCRs) for the Community
Housing component of the project shall provide that a Home Owners
Association will be the governing authority with all appropriate
enforcement powers for operation and control of the Community Housing
component.
9.0 Future use of additional wells (Gamba wells) requires the development of water
rights and well permits if required by the appropriate state agency.
10.0 All conditions of the Division of Water Resources shall be met. Those conditions
include but are not limited to: (1) the claimed water rights are dedicated to the
project, and (2) the plan for augmentation is operated according to decreed terms
and conditions.
11.0 Available surface water supplies shall be used to their fullest extent to provide the
irrigation supply to the golf courses in order to minimize groundwater
withdrawals. A groundwater monitoring plan shall be developed to monitor
future water levels near the Spring Valley Ranch wells. The monitoring plan shall
include water level measurements in the production wells and other wells at the
PUD that can be used as monitoring holes. The monitoring plan shall include
measurements made with enough frequency to observe seasonal groundwater
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fluctuations and long term groundwater trends. Results of the monitoring program
shall be available to the public.
11.1 There will be an additional monitoring well developed or identified that is
at least 2000 feet from the production wells. Either a new well or an off-
site well meeting those criteria could meet the criteria. All of the
monitoring reports will be available to the public.
12.0 The domestic water system must be constructed and operated in accordance with
the Colorado Department of Public Health and Environment regulations and
standards.
13.0 The Applicant shall comply with the following conditions relating to wildlife:
13.1 Dogs: Dogs shall be allowed on each residential, commercial and/or
industrial lot pursuant to Section 3.17 of the Applicant's proposed
covenants unless Garfield County Zoning and Subdivision regulations are
more restrictive.
13.2 Seasonal Use Restrictions: The seasonal use restrictions proposed by the
applicant in the submittal shall be conditions of approval.
13.3 Educating Residents: Consistent with the provisions in the CDOW Letter
of August 31, 1999, the Applicant shall provide an informative brochure at
the first Final Plat which is intended to be provided to residents at the time
of conveyance of each lot.
13.4 Additional Commitments: The Wildlife Mitigation Plan proposed by the
Applicant shall be made a part of the proposed covenants.
13.5 Fencing: Fencing shall be allowed pursuant to Section 3.24 of the
proposed covenants.
13.6 Horses and Livestock: As per the Applicant's submittal, horses shall be
permitted pursuant to Sections 3.17 and 3.24 of the proposed covenants.
13.7 Building Envelopes: Building envelopes shall be represented by the
Applicant on the Preliminary Plan Application consistent with this PUD
Application.
13.8 Wildlife Mitigation: A Wildlife Mitigation Plan will be implemented
through the Applicant's proposed covenants and deed restrictions as a
condition of any Final Plat approval.
13.9 Bears/Trash Removal: The Applicant shall comply with Section 3.14 of
the propose covenants submitted by the Applicant.
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13.10 Riparian/Wetlands: The provisions listed in the CDOW letter of August
31, 1999, and Section 4.3.4 of Appendix E of the submittal (Wildlife
report) shall be conditions of any approval.
13.11 Raptor Survey: At the time of the first Final Plat, the Applicant shall
demonstrate compliance with Section 4.3.3 of the "Wildlife Use, Impacts,
and Mitigation" report submitted by the Applicant.
14.0 No new wood burning open hearth fireplaces shall be allowed within the
development.
15.0 The Applicant shall accelerate the phasing for the Community Housing Units (in
their same unit count / building mix) from phases 7 —10 to 5 — 8.
16.0 All infrastructure, public utilities, trails and open space shall be phased in
accordance with the phasing plan set forth in Exhibit 21 of Binder 4. Specifically,
open space and trails approved as part of the PUD shall be allowed to be platted
and constructed with each individual phase rather than all at once with the first
Final Plat. The Final Plat of each phase shall result in a cumulative total of all
open space in both the current Final Plat and all previously recorded Final Plats of
at least 25%. Each Final Plat shall provide a calculation table that demonstrates
the open space for that particular phase as well as summarizes the open space
totals in any previous phase.
17.0 Accessory Dwelling Units (ADUs) are prohibited in Spring Valley Ranch PUD.
Dated this 04/ day of4 k.t' , A.D. 2008.
ATTEST:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
0 D COUNTY,
COL
ip,0O
at
k of the Board
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
, Nay
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
l , County Clerk and ex -officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2008
County Clerk and ex -officio Clerk of the Board of County Commissioners
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Friday, the 7th day of December, 2007 there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attorney
Jean Alberico , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2008-56
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION SUBMITTED BY SPRING VALLEY DEVELOPMENT, INC.
FOR SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan Application from Spring Valley Development, Inc. for the
Spring Valley Ranch Planned Unit Development; and
WHEREAS, on September 121h, 2007, the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
WHEREAS, on November 13th, 2007, the Board of County Commissioners
opened a public hearing upon the question of whether the Preliminary Plan should be
granted, granted with conditions, or denied at which hearing the public and interested
persons were given the opportunity to express their opinions regarding the issuance of
said Preliminary Plan, and the Board of County Commissioners continued the public
hearing to December 7th, 2007; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
7th day of December, 2007 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1
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1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning Commission and before the Board of County
Commissioners.
2. That the public bearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues
were submitted; and that all interested parties were heard at those hearings.
3. That the proposed Preliminary Plan is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
4. The proposed Preliminary Plan conforms to the Garfield County Zoning Resolution
of 1978, as amended.
5. The Preliminary Plan is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Preliminary Plan request is approved for a property owned by Spring
Valley Development, Inc. with the following conditions:
1.0 The following conditions consolidate, amend, and restate as appropriate the
conditions contained in the various resolutions approving, extending or modifying
the preliminary plans for Spring Valley Ranch in Resolutions 2002-07, 2003-98
and 2005-84. They supersede and replace all of the conditions of approval in said
resolutions, and the conditions of approval set forth in said resolutions shall be
null and of no further force or effect.
2.0 All representations of the applicant, either within the application or stated at the
meeting before the Planning Commission or in the hearing before the Board of
County Commissioners, shall be considered conditions of approval, including at a
minimum, but not limited to the following:
3.0 The applicant shall make application to the Colorado Department of
Transportation, pursuant to Section 2.3(12)(b) of the State Highway Access Code,
for a permit for the reconstruction of an existing access at the intersection of
County Road 114 and State Highway 82. Such application and approved permit
shall be tendered as a part of the approved phasing plan and shall be included with
the applicable final plat documents, specifically the subdivision improvements
agreement that includes security for the intersection improvements.
4.0 The applicant shall make the improvements to County Roads 114 and 115 as
proposed in the application, at their own expense, regardless of cost, and
consistent with the phasing of the improvements proposed in the application.
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5.0 The alignment of CR 114 is contingent upon application by Lake Springs Ranch
for the realignment of CR 114 through the Lake Springs Ranch and approval of
such application by the County. The following conditions of approval shall apply
only if Lake Springs Ranch obtains approval for the realignment of CR 114.
Otherwise, the current conditions of approval related to CR 114 in its existing
alignment shall apply, the Applicant shall not show the realigned road on its final
plat, and the preliminary plan shall be automatically and without further action
amended to delete the realigned road and the following conditions of approval:
5.01 Because the proposed realignment of CR 114 will travel through Lake
Springs Ranch, the Applicant shall obtain a right-of-way for CR 114 from
the owners of the affected property prior to any approval of a final plat
which right-of-way shall be dedicated to Garfield County. This shall be
shown on all final plat documents as appropriate.
5.02 If the proposed realignment of CR 114 is approved for both Spring Valley
Ranch and Lake Springs Ranch, prior to construction of the realigned CR
114, the owners of Spring Valley Ranch shall submit a Road Vacation
Application, executed by the owners of both Spring Valley Ranch and
Lake Springs Ranch under the County Road Vacation Policies.
5.03 Because Spring Valley Sanitation District has made certain real
improvements that are located within CR 114 as it is currently located, the
Applicant shall enter into an agreement with Spring Valley Sanitation
District regarding the improvements that have been installed within the
existing CR 114 alignment so that there will be no disruptions to service a
provided by the District and that costs for relocation of certain
improvements, if necessary, shall be addressed in the agreement. This
signed agreement shall be provided to Staff at the time of the final plat.
5.04 Because the majority of the proposed realignment of CR 114 lies within
the boundaries of the Lake Springs Ranch property, any approval for the
realigunent of CR 114 for Spring Valley Ranch shall not be considered
approved unless a similar approval is obtained by Lake Springs Ranch.
5.05 Spring Valley Ranch, in the design and reconstruction of CR 114, shall
comply with the standards and criteria included in Resolution 2002-109 as
those conditions relate to shoulder width (6 feet), surfacing and ditch
design.
5.06 Prior to approval of a new alignment for CR 114, Spring Valley Ranch
shall submit a plan for the intended use of the old CR 114 Right -Of -Way.
Such plan shall be approved by the owners of Lake Springs Ranch and
provide for proportionate cost sharing. If the Plan proposes to leave the
old CR 114 Right -Of -Way as -is for a period of at least one year, the
owners of Spring Valley Ranch shall provide a weed management plan for
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that Right -of -Way. If the Plan for the new CR 114 Right -Of -Way requires
reclamation, the owners of Spring Valley ranch shall submit 1) a plant
material list, 2) a planting schedule, 3) an estimate in terms of acres or
square feet of the area to be reclaimed, and 4) a revegetation bond or
security before final BOCC approval.
5.07 The revegetation security provided to Garfield County shall be held by
Garfield County until vegetation has been successfully reestablished
according to the Reclamation Standards in the Garfield County Weed
management Plan. The Board of County Commissioners will designate a
member of their staff to evaluate the reclamation prior to the release of the
security.
5.08 The Reclamation Plan anticipated in condition 5.07 above shall include 1)
a plant material list (to conform with the surrounding native vegetation),
2) a planting schedule, 3) a map of the areas impacted by soil disturbances
(road cuts) and an estimate of surface area disturbed, and 4) a revegetation
bond or security as part of the relevant subdivision improvements
agreements.
5.09 The Subdivision Improvements Agreement (SIA) for Phase 2 of Spring
Valley Ranch PUD shall provide that the Phase 2 improvements to CR
114 need not be commenced until 2 years after the earlier of i) the date of
the SIA for Phase 2, or ii) the approval of the application by the Lake
Springs Ranch developers to realign CR 114. In the event the end of said
2 -year period falls between October 1 — March 31, the Applicant may
commence construction as soon as practicable when weather conditions
permit. Security for the Phase 2 improvements to CR 114 shall be in place
at the same time as other improvements set forth in the subdivision
improvements agreement for Phase 2. The phasing schedule set forth in
Exhibit 21 of Binder 4 is hereby amended to provide for the potential
construction of Phase 2 improvements to CR 114 in accordance with this
Condition 5.0.
6.0 The internal private roads will be maintained by either the Landis Creek
Metropolitan District or the Homeowner's Association. In the event the roads are
maintained by the Homeowners Association, a maintenance and repair plan for
the internal private road system must be included in the covenants of the master
homeowners association.
7.0 The Applicant and Mrs. Veltus shall negotiate in good faith for the creation of a
new road easement through the Applicant's property on reasonable terms and
conditions. Such easement shall be identified on the final plat but shall not
require a PUD amendment.
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8.0 The dam break failure analysis for an enlarged Hopkins Reservoir must be
incorporated into the drainage plan and subdivision improvements agreement for
phase 2 and incorporated into subsequent phases as applicable in a manner
adequate to prevent damage or potential loss of life or structures within the
subdivision.
9.0 The Applicant shall upgrade the electrical utilities consistent with a contract with
Holy Cross Electric, at the developer's expense.
10.0 Prior to the recordation of the final plat that includes Lots R 92, 94 and 95, the
Applicant shall install piezometers along the hillside in the location of Lots R 92,
94 and 95 to monitor groundwater conditions. This information shall be
submitted to the Colorado Geologic Survey for their review and comment. The
design for the development of such lots shall take this information into
consideration, including the potential of a comprehensive solution and/or
individual lot drainage mitigation.
11.0 Plat notes and covenants shall indicate that all lots require a site specific
geological and geotechnical analysis prior to .any construction.
12.0 The design guidelines shall include Best Management Practices which minimize
directly connected impervious areas for storm water runoff within individual Tots
as part of the first final plat and all subsequent plats.
13.0 Prior to the approval of any Final Plat, the Applicant shall submit to the Garfield
County Vegetation Management Office a Noxious Weed / Revegetation Plan
which shall include a noxious weed inventory of the area of the property covered
by the plat. That Plan shall also include a specific planting schedule, along with
the quantification of the acres or square footage of surface to be disturbed and
revegetated needs to be developed. Additionally, the Plan shall include
reclamation cost estimates for seeding, mulching and other factors that may aid in
plant establishment as part of any final plat application and include revegetation
security to bold until vegetation has been successfully reestablished according to
the County's reclamation standards. Finally, this Plan shall include a Soil
Management Plan to be developed for the project and submitted with any final
plat application.
14.0 As part of all final plats, construction plans shall delineate all wetland areas and
all wetland areas shall be clearly marked and fenced prior to construction.
15.0 As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approval
shall be valid for a period not to exceed one (1) year from date of Board approval,
or conditional approval, unless on extension of not more than one year is granted
by the Board prior to the expiration of the period of approval.
5
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16.0 School Site Acquisition Fees shall be paid at the time of final plat as per Section
9:81 of the Garfield County Subdivision Regulations, as amended.
17.0 The Homeowners Association or Metropolitan District as appropriate must hire at
least a Class C operator to operate and maintain the proposed Ranch Lot ISDS
systems prior to issuance of the first ISDS system permit. If proof of the
employment of such a person is not provided to the Planning Department prior to
the issuance of said ISDS permit, the Building Department shall not issue the
ISDS permit or any subsequently requested ISDS permit
18.0 Prior to the approval of the final plat of each phase, the Spring Valley Sanitation
District shall certify that sufficient capacity is available to provide for the
development in such phase.
19.0 Owners of existing permitted or adjudicated water supplies in use for a single-
family residence as of October 29, 2001 that are located on the properties that are
contiguous to the boundaries of the Districts and therefore within the service area
of the Districts shall have the right to connect to the central potable water supply
system of the Districts in accordance with the following conditions:
19.01 Each dwelling unit served by an existing permitted or adjudicated water
supply shall be entitled to one tap for the provision of one EQR from the
central potable water system;
19.02 Such owners shall be subject to the same rules, regulations, and policies as
all other residential users on such systems;
19.03 Such owners shall be charged in -District fees, charges, and rates even
though they are out of the Districts;
19.04 In the event that such an owner's permitted or adjudicated water supply
becomes unable to produce the quantities required for permitted domestic
water use, not due to the admitted or judicially determined negligence of
the owner, such owner shall not be required to pay a tap fee or for a
physical connection at the time of connection to the water supply system;
19.05 The main infrastructure and distribution systems for the water supply
system have been installed and tested and operational;
19.06 Such owners may choose to connect to the water supply system at any
time after the system is installed and operational and shall connect to such
system on any appropriate primary distribution line and SVD shall use all
reasonable efforts to locate such distribution lines in a manner that, to the
extent feasible and practical, it will accommodate a connection by such
owners;
6
®111117.FW.Q t6P464,Q411541,MI y4tWIllil INti 111111
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19.07. Such owners who connect under 19.06 above shall be responsible for all
costs associated with constructing and extending the necessary water lines
to connect to the water supply system's primary distribution lines;
19.08 Such owners may keep their existing permitted or adjudicated water
supply in operation, the water court decrees that will legally support such
service must be issued in Case Nos. 98CW254 and 255 in Water Division
No. 5; and
19.09 Such owners will be responsible for securing any necessary rights-of-way
from their property to the district boundary and SVD or the District will
provide the appropriate rights-of-way, within the District boundary.
20.0 With the exception of Lot P23 and OSR Parcel E, individual well development
shall be prohibited for new development.
21.0 The Applicant shall work with the water district providing potable water service
to the development to adopt a water usage rate structure that encourages
conservation.
22.0 Well water usage for agricultural and golf course purposes shall be allowed to
supplement surface water sources in the event of a shortage of surface water
supplies.
23.0 Valid well permits must be obtained for all of the wells included in the water
supply plan and copies submitted to the Planning Department prior to Final Plat
approval.
24.0 Subject to the terms hereof, the Applicant shall provide a nonexclusive easement
to allow for the conveyance of water piped from the BR Hopkins Spring located
on Spring Valley Ranch PUD property to a point where the water from the BR
Hopkins Spring is used on the LaGigilia property. The easement is not required
to follow the historic pipeline corridor and it can be relocated to a preferred
location mutually agreed to by the parties who have a right to the BR Hopkins
Spring and any property owner whose property the new pipeline may cross. This
easement to the BR Hopkins Spring shall be designed to allow access to the
spring of an adequate width in order to perform improvements to and maintenance
on the spring and any portion of a pipe conveying water. This easement shall be
depicted on the final plat for review. Further, the Applicant shall be required to
present the terms of the easement to the Planning Department for review at final
plat and then subsequently recorded in the Office of the County Clerk and
Recorder and cross referenced by reception #, book and page on the final plat.
25.0 All lots that require booster pumps shall be noted on any final plat and in the
covenants. Unless otherwise required by the water district, all lots that require
pressure reducing valves shall be noted on any final plat and in the covenants.
7
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26.0 Prior to the second final plat (Phase 2), the Applicant's engineer shall confirm that
all nodes with residual pressure of less than 20 psi (pounds per square inch) will
not affect the fire hydrants or individual residences.
27.0 The covenants or bylaws for the development shall obligate the Homeowners
Association to require the development's private security company to enforce the
at -large dog and cat restrictions included in the covenants.
28.0 The following plat notes will be included on any final plat:
28.01 All exterior lighting will be the minimum amount necessary and all
exterior lighting will be directed inward and downward, towards the
interior of the subdivision, except that provisions may be made to allow
for safety lighting that goes beyond the property boundaries.
28.02 Colorado is a Right -to -Farm State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the
activities, sights, sounds and smells of Garfield County's agricultural
operations as a normal and necessary aspect of living in a County with a
strong rural character and a healthy ranching sector. All must be prepared
to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery
on public roads, livestock on public roads, storage and disposal of manure,
and the application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides, and pesticides, any one or more of which may
naturally occur as a part of a legal and non -negligent agricultural
operations.
28.03 All owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance of fences
and irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of
using and maintaining property. Residents and landowners are
encouraged to learn about these rights and responsibilities and act as good
neighbors and citizens of the County. A good introductory source for such
information is A Guide to Rural Living & Small Scale Agriculture put out
by the Colorado State University Extension Office in Garfield County.
29.0 All construction for the Spring Valley Ranch PUD shall be in accordance with the
International Fire Code.
30.0 The Applicant shall address the comments prepared by Mountain Cross
Engineering on behalf of the County in the following manner:
30.01 Mountain Cross Engineering ("MCE") comments 1 to 13 and 15, except
for 3 and 7, pertain to final plat conditions that will be fulfilled at the filing
8
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of each phase. With regard to comment 3, the community water system
will be approved, permitted and operated pursuant to CDPHE regulations
that will assure adequate water quality.
30.02 With regard to Comment 18, Applicant will study the need for additional
mainline PRV's in the final design, and shall include a note on the fmal
plat as necessary on all Lots in that phase requiring an individual PRV.
30.03 With regard to Comment 19, Applicant will grade and maintain an
unpaved access concurrently with the installation of the off-road water
lines, which will be depicted on the final design drawings. An appropriate
easement will be shown on the final plat. These accesses will be used for
construction and ongoing operations. Winter maintenance and repair will
require track -equipment.
30.04 With regard to Comment 20, the access roads to both water storage tanks
will be depicted on the final design drawings. Appropriate easements will
be shown on the final plat.
30.05 With regard to Comment 21, Applicant's final engineering and
construction drawings will provide for a foundation that protects the
Tank's structural fill and foundation from erosion.
30.06 With regard to Comment 22, Applicant will provide for a cleanout of the
low-pressure main sewer line in its final engineering and construction
drawings for the sewer system.
30.07 With regard to Comment 23, in conjunction with final design the
Applicant will address any byproducts generated by the MIOX
disinfection system, including any state and federal requirements.
31.0 Prior to final plat, the Applicant shall meet the requirements set forth in the
Spring Valley Sanitation District's "Will Serve" letter dated August 4, 2006,
regarding the Spring Valley Ranch Project, which is included in Binder 3
Appendix H of the Application.
SF ��,
Dated this &1 day of L2( 'p", , A.D. 2008.
ATTEST:
9
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
1111 Fi ITIF111.1t114MilleiCreiSc 11 11 1
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GARFIELD COUNTY,
COL DO
erk of the Board
Upon motion duly made and seconded the forego
the following vote:
ted by
John Martin, , Nay
Larry McCown, , Aye
Tresi Houpt, , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of A.D. 2008
County Clerk and ex -officio Clerk of the Board of County Commissioners
10
Approved Phasing Plan:
THIS
SUBDIVISION
IMPROVEMENTS AGREEMENT
SUBDIVISION IMPROVEMENTS AGREEMENT (EIA.) is made
and entered into this day of , 200_, by and between
(*Owner.) and the BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a
body politic and corporate, directly or through its authorized representatives and agents (.BOCC.).
Recitals
1. Owner is the owner and developer of the Subdivision (the
"Subdivision"), which property is depicted on the Final Plat of Subdivision
(.Final Plat. or .Final Plat of the Subdivision.). The real property subject to this SIA is described in
that Final Plat recorded at Reception Number of the real estate records of Garfield
County, Colorado and incorporated by this reference.
2. On , 200_, the BOCC, by Resolution No. , recorded
at Reception Number of the real estate records of Garfield County, Colorado and
incorporated by this reference, approved a preliminary plan for the Subdivision which, among other
things, would create [single-family] [multi -family] residential lots [and
open space/common area parcels](.Preliminary Plan Approval.).
3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as
required by the laws of the State of Colorado and by the Garfield County Unified Land Use
Resolution of 2008, Owner wishes to enter into this SIA with the BOCC.
4. Owner has agreed to execute and deliver a letter of credit or other security in a form
satisfactory to the BOCC to secure and guarantee Owners performance under this Agreement and
under the Preliminary Plan Approval and has agreed to certain restrictions and conditions regarding
the sale of properties and issuance of building permits and certificates of occupancy within the
subdivision, all as more fully set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
promises contained herein, the BOCC and Owner (.Parties.) agree as follows:
Agreement
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat
of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
Preliminary Plan Approval, and the requirements of the Garfield County Unified Land Use
Resolution of 2008 and any other governmental or quasi-governmental regulations applicable to the
Subdivision (.Final Plat Approval.). Recording of the Final Plat in the records of the Garfield
County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein.
2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner [shall cause to be
constructed and installed the] [has constructed and installed certain and shall cause to be constructed
and installed other] subdivision improvements, [including off-site improvements,] identified in the
Exhibits defined in subparagraph 2.a.i, below (.Subdivision Improvements.) at Owners expense,
including payment of fees required by Garfield County and/or other governmental and quasi-
governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision
Improvements [IF REVEGETATION REQUIRED: except for revegetation,] shall be completed on or
before the end of the first full year following execution of this SIA (Completion Date.), in
substantial compliance with the following:
i. Plans marked .Approved for Construction. for all Subdivision
2
Improvements prepared by and submitted to the BOCC on
, 200_, such plans being summarized in the list of drawings attached to
and made a part of this SIA by reference as Exhibit .A.; the estimate of cost of completion,
certified by and bearing the stamp of Owners professional engineer licensed in the State of
Colorado (nOwners Engineer.), attached to and made a part of this SIA by reference as
Exhibit .B., which estimate shall include an additional ten(l0) percent of the total for
contingencies; and all other documentation required to be submitted along with the Final Plat
under pertinent sections of the Garfield County Unified Land Use Resolution of 2008 (.Final
Plat Documents.).
ii All requirements of the Preliminary Plan Approval.
iii. All laws, regulations, orders, resolutions and requirements of Garfield
County and all special districts and any other governmental entity or quasi -governmental
authority (ies) with jurisdiction.
iv. The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the
record drawings have been submitted upon completion of the Subdivision Improvements, as detailed
in paragraph 3(c), below; all other requirements of this SIA have been met; and all requirements of
Preliminary Plan Approval are satisfied, then the Owner shall be deemed to have satisfied all terms
and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County
Unified Land Use Resolution of 2008, with respect to the installation of Subdivision Improvements.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE -
VEGETATION).
3
a. Subdivision Improvements Letter of Credit and Substitute Collateral. As
security for Owners obligation to complete the Subdivision Improvements [IF REVEGETATION
REQUIRED: other than revegetation,] Owner shall deliver to the BOCC, on or before the date of
recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable
to the BOCC, attached to and incorporated in this SIA by reference as Exhibit EC. (.LOC.) or in a
form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the
BOCC. The LOC shall be in the amount of $( full estimate ), representing the full estimated cost of
completing the Subdivision Improvements [and] [revegetation]1, with a sufficient contingency to
cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and
as approved by the BOCC), [minus $( cost of completed improvements ), the cost of Subdivision
Improvements already completed as of the date of execution of this SIA, i.e. $( reduced amount )], as
set forth and certified by Owners Engineer on Exhibit .B. [or .13-1., if separate documents], to
guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of
six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph
2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a
Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the
Subdivision Improvements subject of this Paragraph 3.a.
b. LOC Requirements and Plat Recording The LOC required by this SIA shall
be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing
the LOC is not licensed in the State of Colorado and transacting business within the State of
Colorado, the LOC shall be confirmed. within the meaning of the Uniform Commercial Code,
Letters of Credit, .4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to do business in
1
If one LOC used
4
the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall
state that presentation of drafts drawn under the LOC shall be at an office of the issuer or confirmer
located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the
security, described in this paragraph 3 [IF REVEGETATION REQUIRED: and the security for
revegetation described in paragraph 4, below] has been received and approved by the BOCC.
c. Extension of LOC Expiration Date. If the Completion Date, identified in
paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for the
validity of the LOC shall be similarly extended by the Owner. For each six (6) month extension, at
the sole option of the BOCC, the face amount of the LOC shall be subject to re -certification by
Owners Engineer of the cost of completion and review by the BOCC.
d. Unenforceable LOC. Should the LOC expire or become void or
unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing
or confirming the LOC, prior to the BOCC's approval of Owners Engineers certification of
completion of the Subdivision Improvements, this SIA shall become void and of no force and effect
and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the LOC,
and shall do so by means of submission to the Building and Planning Department of a "Written
Request for Partial Release of LOC", in the form attached to and incorporated by this reference as
Exhibit D, accompanied by the Owners Engineers stamped certificate of partial completion of
improvements. The Owners Engineers seal shall certify that the Subdivision Improvements have
been constructed in accordance with the requirements of this SIA, including all Final Plat Documents
and the Preliminary Plan Approval. Owner may also request release for a portion of the security
upon proof that 1) Owner has a valid contract with a public utility company regulated by the
5
Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2)
Owner has paid to the utility company the cost of installation as required by the contract. The BOCC
shall authorize successive releases of portions of the face amount of the LOC as portions of the
Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by
the Owners Engineer, requirements of the Preliminary Plan Approval have been met, and both the
certification and satisfaction of the Preliminary Plan Approval requirements have been approved by
the BOCC.
f. BOCC*s Investigation. Notwithstanding the foregoing, upon submission of
the Owner's Written Request for Partial Release of LOC, along with Owner's Engineers certificate
of partial completion of improvements, the BOCC may review the certification and the Preliminary
Plan Approval, and may inspect and review the Subdivision Improvements certified as complete to
determine whether or riot they have been constructed in compliance with relevant specifications, as
follows:
i. If no letter of potential deficiency is furnished to Owner by the BOCC
within fifteen (15) business days of submission of Owners Written Request for Partial
Release of LOC, accompanied by Owners Engineers certificate of partial completion of
improvements, all Subdivision Improvements certified as complete shall be deemed
approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of
security, provided that all requirements of the Preliminary Plan Approval have been satisfied.
6
ii. If the BOCC chooses to inspect and determines that all or a portion of
the Subdivision Improvements certified as complete are not in compliance with the relevant
specifications or that requirements of the Preliminary Plan Approval have not been met, the
BOCC shall famish a letter of potential deficiency to the Owner, within fifteen (15) business
days of submission of Owners Written Request for Partial Release of LOC.
iii. If a letter of potential deficiency is issued identifying a portion of the
certified Subdivision Improvements as potentially deficient and there are no outstanding
requirements of the Preliminary Plan Approval, then all Subdivision Improvements not
identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC
shall authorize release of the amount of security related to the Subdivision Improvements
certified as complete and not identified as potentially deficient.
iv With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency or requirements of the Preliminary Plan Approval
that have not been met, the BOCC shall have thirty (30) days from the date of the letter to
complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide
written confirmation of the deficiency(ies) to the Owner.
v. If the BOCC fmds that the Subdivision Improvements are complete, in
compliance with the relevant specifications and that all requirements of the Preliminary Plan
Approval have been met, then the appropriate amount of security shall be authorized for
release within ten (10) business days after completion of such investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within
the thirty (30) day period of time, defined in subparagraph 3.fiv. above, that the Subdivision
Improvements are not complete, or if the BOCC determines that the Owner will not or cannot
7
construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written
request for release of LOC, or that requirements of the Preliminary Plan Approval have not been met,
the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the
Subdivision Improvements in accordance with the specifications or to satisfy the Preliminary Plan
Approval requirements, up to the face amount or remaining face amount of the LOC. In such event,
the BOCC shall make a written finding regarding Owner's failure to comply with this SIA or
requirements of the Preliminary Plan Approval prior to requesting payment from the LOC, in
accordance with the provisions of Article XIII of the Garfield County Unified Land Use Resolution
of 2008. In lieu of or in addition to drawing on the LOC, the BOCC may bring an action for
injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding
Subdivision Improvements and satisfaction of requirements of the Preliminary Plan Approval. The
BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to
requesting payment from the LOC or filing a civil action.
h. Final Release of Security. Upon completion of all Subdivision Improvements and
Preliminary Plan Approval requirements, [IF REVEGETATION REQUIRED: other than
revegetation,] [IF OFF-SITE REQUIRED: and including off-site improvements,] Owner shall submit
to the BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp
of Owner's Engineer certifying that all Subdivision Improvements [IF OFF-SITE REQUIRED:
including off-site improvements,] have been constructed in accordance with the requirements of this
SIA, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital
format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests
which Owner is obligated to convey to the Homeowner's Association of the Subdivision [or any
statutory special district or other entity] at the time of Final Plat Approval [, unless escrowed in
8
accordance with paragraph _ below]; and 3) a Written Request for Final Release of LOC, in the
form attached to and incorporated herein as Exhibit E, along with Owners Engineers stamp and
certificate of final completion of improvements.
i. The BOCC shall authorize a final release of the LOC after the
Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and
said final certification is approved by the BOCC. If the BOCC finds that the Subdivision
Improvements are complete, in accordance with the relevant specifications, and that all
requirements of the Preliminary Plan Approval have been met, the BOCC shall authorize
release of the final amount of security, within ten (10) business days following submission of
the Owner's Written Request for Final Release of LOC accompanied by the other documents
required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for
Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of
improvements, the BOCC may inspect and review the Subdivision Improvements certified as
complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f,
above, shall be followed.
iii. If the BOCC fords that the Subdivision Improvements are complete, in
accordance with the relevant specifications, and that all requirements of the Preliminary Plan
Approval have been satisfied, the BOCC shall authorize final release of security within ten
(10) days after completion of such investigation.
iv. If the BOCC finds that the Subdivision Improvements are not
complete, in accordance with the relevant specifications, and/or that requirements of the
Preliminary Plan Approval have not been satisfied, the BOCC may complete remaining
9
Subdivision Improvements and satisfy requirements of the Preliminary Plan Approval, or
institute court action in accordance with the process outlined in paragraph 3.g., above.
IF REVEGETATION IS REQUIRED...
4. SECURITY FOR REVEGETATION.
a. Revegetation LOC and Substitute Collateral. [$ of the face
amount of the LOC, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed
areas within the Subdivision (.Revegetation LOC.), the cost for which is detailed as a subdivision
improvement in Exhibit B.'] [Revegetation of disturbed areas in the Subdivision, the costs for which
is detailed as a subdivision improvement in Exhibit B, shall be secured by delivery of a Letter of
Credit from the Owner to the BOCC in the form agreed to be acceptable to the BOCC, attached to
and incorporated in this SIA by reference as Exhibit rC-1. (.Revegetation LOC.)?] The
Revegetation LOC shall be valid for a minimum of two (2) years following recording of the Final
Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter
of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of
revegetation.
b. Revegetation LOC General Provisions. The provisions of paragraphs 3.b., 3.c.
and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in
face amounts, and plat recording shall apply to the Revegetation LOC.
c. Revegetation Review and Notice of Deficiency. Upon establishment of
revegetation, the Owner shall request review of the revegetation work by the Garfield County
Vegetation Management Department, by telephone or in writing. Such review shall be for the
1
If one LOC used
2 If £. and .0-1. used
10
purpose of verification of' success of revegetation and reclamation in accordance with the Garfield
County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the
Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the
revegetation/reclamation plan titled
and dated for the
Subdivision submitted [as part of the Final Plat Documents] [for Preliminary Plan Approval]. If the
Vegetation Management Department refuses approval and provides written notice of deficiency(ies),
the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation
Management Department, as such efforts may be instituted within the two (2) years following
recording of the Final Plat.
d. Single Request for Release of Revegetation LOC. Following receipt of
written approval of the Vegetation Management Department, the Owner may request release of the
Revegetation LOC and shall do so by means of submission to the BOCC, through the Building and
Planning Department, of a Written Request for Release of Revegetation LOC, in the form attached
to and incorporated herein by reference as Exhibit F, along with certification of completion by the
Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation
Management Department. It is specifically understood by the parties that the Revegetation LOC is
not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the
Revegetation LOC and the BOCCes associated rights to withdraw funds and bring a court action may
survive final release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a.,
above.
e. BOCC•s Completion of Revegetation and Other Remedies. If Owners
revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC
upon the recommendation of the Vegetation Management Department, or if the BOCC determines
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that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw
and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation
work, up to the face amount of the Revegetation LOC. In lieu of or in addition to drawing on the
Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owners
failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the
Owner a reasonable time to cure any identified deficiency prior to requesting payment from the
Revegetation LOC or filing a civil action.
5. WATER SUPPLY [AND WASTEWATER COLLECTION]. As stated in
paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for any
residences or other habitable structures constructed within the Subdivision, Owner shall install,
connect and make operable a water supply and distribution system for potable water [, fire
protection] [non-potable irrigation water] [and a wastewater/sewer collection system] in accordance
with approved plans and specifications. All easements and rights-of-way necessary for installation,
operation, service and maintenance of such water supply and distribution system(s) [and wastewater
collection system] shall be as shown on the Final Plat. Owner shall deposit with the Garfield County
Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant
to the water [and wastewater] system(s), for recordation following recording of the Final Plat and
this SIA Immediately following the recordation of the Final Plat and this SIA, all facilities and
equipment contained within the water supply [and wastewater collection] system(s) shall be
transferred by Owner to the Homeowner's Association of the Subdivision [Special District(s)]
[municipality] by bill of sale. If a third party water [or sewer] service entity requires warranty of the
system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary,
has been assigned.
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[IF OFF-SITE IMPROVEMENTS ARE REQUIRED, SEE ALTERNATE PARAGRAPH _. ]
6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner
to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on
the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely
responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled
surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC
shall not be obligated to maintain any road rights-of-way within the Subdivision. [Private access
easements for the use of single lots, if any, are depicted as such on the Final Plat.] IF PRIVATE
ROADS HAVE BEEN APPROVED, PROVIDE ALTERNATE PARAGRAPH.
7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-
way for installation and maintenance of utilities. Public utility easements shall be dedicated by the
Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and
Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield
County Clerk and Recorder, as amended. The Homeowner's Association of the Subdivision shall be
solely responsible for the maintenance, repair and upkeep of said public utility easements, unless
otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the
maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility
company, whether publicly or privately owned, requires conveyance of the easements dedicated on
the face of the Final Plat by separate document, Owner shall execute and record the required
conveyance documents.
8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified
on the Final Plat of the Subdivision shall be conveyed by Owner to the Homeowner's Association at
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the time of Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder
executed original(s) of the instrument(s) of conveyance for recordation following recording of the
Final Plat and this SIA.
ALTERNATE ESCROW PARAGRAPH
[If not conveyed at the time of recording of the Final Plat, Owner shall execute and deliver
into escrow document(s) conveying the common open space parcel(s) [easement(s), greenbelt(s),
park(s)], shown on the Final Plat to the Homeowner's Association. The documents shall be
deposited pursuant to the escrow agreement, to be executed by the Owner, the BOCC and escrow
agent (.Escrow Agreement.), attached to and made a part of this SIA by reference as Exhibit _
Owner shall deliver to the BOCC a copy of the fully executed and recorded Escrow Agreement
within a reasonable time following execution of this SIA. The special instructions of the Escrow
Agreement shall provide:
a. the Escrow Agent shall hold the conveyance documents until
the earlier of: a) receipt of a written notice signed only by Owner notifying escrow
agent that the work required of the Owner in this SIA has been completed and
approved as complete by the BOCC; or b) receipt of a written notice signed only by
the BOCC stating that Owner has failed to comply with the terms and conditions of
this SIA; or c) the Completion Date for Subdivision Improvements, specified in
paragraph 2, above, or as extended in accordance with paragraph _ of this SIA; and
b. upon the first to occur of the foregoing events, the escrow
agent shall cause the conveyance documents to be recorded in the records of
the Garfield County Clerk and Recorder.]
9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend
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the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision
Improvements [including off-site improvements and revegetation] and any other agreement or
obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The
Owner, however, does not indemnify the BOCC for claims made asserting that the standards
imposed by the BOCC are improper or are the cause of the injury asserted, or from claims which may
arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the
Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall
afford the Owner the option of defending any such claim or action. Failure to notify and provide
such written option to the Owner shall extinguish the BOCCes rights under this paragraph. Nothing
in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the
BOCC by Colorado statutes and case law.
10. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a
Road Impact fee of ($
) has been established for the residential
units within the Subdivision. Owner shall pay fifty percent (50%), i.e.,
($ ) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of
recording of the Final Plat. The remaining 50%, i.e.,
($ ), will be
collected pro rata (i.e. $ ) from each lot owner at the time a building permit issues
for a residence within the Subdivision. IF NO ROAD IMPACT FEE IS DUE BECAUSE OF
OWNER49 OBLIGATION TO MAKE OFF-SITE ROAD IMPROVEMENTS TO A COUNTY ROAD,
USE ALTERNATE PARAGRAPH.
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11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the School District, calculated in
accordance with the Garfield County Unified Land Use Resolution of 2008 and the requirements of
state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the
Subdivision is calculated as follows: [for the RE -2 School District, $200.00 per unit] [for Parachute
16 School District, $200.00 per unit] [for the RE -1 School District:
Unimproved per acre market value of land, based upon an appraisal submitted to the
BOCC by Owner, i.e. $ ; and
Land dedication standard: single-family dwelling units x
acres [ multi -family dwelling units x acres] equals acres.]
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat,
($ ) as a payment in lieu of dedication of
land to the School District. Said fee shall be transferred by the BOCC to
the school district in accordance with the provisions of .30-28-133, C.R.S., as amended, and the
Garfield County Unified Land Use Resolution of 2008.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations,
and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of
the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the
School District.
ADD ADDITIONAL PARAGRAPH FOR COMPLIANCE WITH FIRE DISTRICT
REQUIREMENTS AS NECESSARY.
12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
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separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk
and Recorder.
13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this SIA, including failure to satisfy requirements of the Preliminary Plan
Approval, the BOCC may withhold issuance of building permits for any residence or other habitable
structure to be constructed within the Subdivision. Further, no building permit shall be issued unless
the Owner demonstrates to the satisfaction of the Fire Protection District
(.District.), if the Fire District has so required, that there is adequate water available to the
construction site for the District's purposes [and all applicable District fees have been paid to the
District]. No certificates of occupancy shall issue for any habitable building or structure, including
residences, within the Subdivision until all Subdivision Improvements [, except revegetation] [and
including off-site improvements,] have been completed and are operational and all requirements of
the Preliminary Plan Approval have been satisfied as required by this SIA. [If applicable, Owner
shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in
substantially the same form as that attached to and incorporated herein by reference as Exhibit _,
concerning the restrictions upon issuance of building permits and certificates of occupancy detailed
in this SIA.]
14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the
terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots
for which building permits have not been issued. As to lots for which building permits have been
issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide
the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any
portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC
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and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or
portions thereof, by resolution. [It is specifically agreed that this paragraph _ applies to the
Subdivision as a multi-phased project and, therefore, in the event the BOCC vacates the Final Plat as
to the Subdivision, subject of this SIA, the BOCC may also withhold approval of a proposed final
plat for a future phase, if Subdivision Improvements [, including off-site improvements,] [and
revegetation,] and requirements of the Preliminary Plan Approval covered by this SIA are not
completely installed and operable or otherwise satisfied.]
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15. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in paragraph 13, above,
the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat
vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the
BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision
shall have the authority to bring an action in the Garfield County District Court to compel
enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to
bring an action for enforcement or to withhold permits or certificates or to withdraw unused security
or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this
SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. In addition,
the BOCC may, but shall not be required to, pursue any of its enforcement remedies as applicable,
pursuant to Article XII of the Unified Land Use Resolution of 2008, as amended.
16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the
Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and
parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and
other interested persons as to the terms and provisions of this SIA.
17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall
be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC.
18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of the Owner and the BOCC, identified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery
shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or
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facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at
the address or facsimile number set forth below:
Owner:
BOCC:
w/copy to,
Board of County Commissioners
of Garfield County, Colorado
c/o Building & Planning Dir.
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be
modified, but only in writing signed by the parties hereto, as their interests then appear. Any such
amendment, including, by way of example, extension of the Completion Date, substitution of the
form of security, or approval of•a change in the identity of the security provider/issuer, shall be
20
considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in
the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner
to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the
BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may
change the identification of notice recipients and contract administrators and the contact information
provided in paragraph 18, above, in accordance with the provisions of that paragraph and without
formal amendment of this SIA and without consideration at a BOCC meeting.
20. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument.
21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of
or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA
shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the
date of Final Plat Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
By:
Clerk to the Board Chairman
Date:
OWNER
By:
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(Name and Title)
Date:
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by , an authorized
representative of , Owner of the Subdivision, this day of
200
WITNESS my hand and official seal.
My commission expires:
Notary Public
T:\MyFiles\PLAN\2009 FORM DOCS\2009 SIA Form.doc
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