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HomeMy WebLinkAbout2.0 PC Staff Report 10.22.2008Exhibit Letter (A -Z) A B Exhibit Mail Receipts Proof of Publication Exhibits for Strong Zone District Amendment / PUD Preliminary Plan Public Hearing October 22, 2008 C D E F 11 1 J K L Garfield County Zoning Regulations of 1978, as amended Garfield County Comprehensive Plan of 2000 Application Staff Memorandum Special Use Permit and Resolution for approval of Strong Contractor Yard Letter dated September 2, 2008 from Jake Mall, Garfield County Road and Bridge Email dated September 9, 2008 from Jim Rada, Garfield County Environmental Health Email dated August 27, 2008 from John Niewoehner, Planning Engineer M N 0 P Q R S Letter dated Sept. 8, 2008 from Mark Vanarelli, Co. Division of Water Resources Email dated September 10, 2008 from T.C. Wait, Colorado Geological Survey Letter dated September 5, 2008 from JT Romatzke, Colorado Division of Wildlife Letter dated September 17, 2008 from Rob Ferguson, Grand Valley Fire Protection Email dated September 2, 2008 from Daniel Roussin, Colorado Department of Transportation Memorandum dated September 17, 2008 from Steve Anthony, Vegetation Manager Well Permit 67484 Office of the State Engineer — submitted September 8, 2008 T U V W X Y Letter dated September 19, 2008 from Kathy Eastley to Eric McCafferty Letter dated September 24, 2008 from Kathy Eastley to Eric McCafferty Email dated September 24, 2008 from Eric McCafferty Letter dated September 29, 2008 from Eric McCafferty, consultant to the applicant Well Test from J&M Pump, Inc. dated September 29, 2008 Revised PUD Guide for Strong PUD received September 29, 2008 Letter dated October 7, 2008 to George Strong from B&P regarding existing SUP Email dated September 26, 2008 from Eric McCafferty Z AA BB CC DD EE FF Floodplain Analysis Erosion Control Plan Letter from Wagon Wheel Consulting Letter dated October 6, 2008 from Huddleston -Berry Letter dated October 10, 2008 Itemizing potential violations Letter dated October 13, 2008, from Eric McCafferty w/attachments (revised PUD Guide, Well Sharing Agreement, Justification for increase in height and uses not itemized, draft Declaration of Protective Covenants Email dated October 14, 2008 from Deborah Quinn, County Attorney's Office PC — 10/22/08 KE PROJECT INFORMATION AND STAFF COMMENTS REOUEST: Zone District Amendment - A/R/RD to Planned Unit Development APPLICANT: George and Leslie Strong REPRESENTATIVE: Eric McCafferty - Compass Mountain Land Use LOCATION: County Road 300 — approximately 200' south of Highway 6 SITE i ZONING: 17.57 acres / A/R/RD STAFF RECOMMENDATION: Conditional Approval (Revisions to documentation) PREFACE The Planning Commission considered this application at their public meeting held on October 8, 2008 at which time the application(s) were continued to October 22, 2008 in order for additional information to be submitted by the applicants and reviewedlincorporated into the staff report. Information has been received which includes a revised PUD Guide and Declaration of Protective Covenants. Staff finds that a significant attempt has been made in this documentation to include standards for these industrial uses which may be found adequate, with some revision. Overall the documentation needs refining in order assure consistency, and to further restrict or better define what the applicant is seeking for the development and standards to assure that it functions properly, both internally and externally. A critical issue with this application is that the change of zoning is permanent and as such requires that these issues and standards be in place prior to approval. Revision of the documentation, based upon staff comments, will allow for that to occur. Staff has provided two reports — one for the zone district amendment and one for the preliminary plan. Staff will be able to present positive findings for the zone district amendment if revision to the PUD Guide and Declaration of Protective Covenants occurs based upon the concerns, comments and language provided in this report. Because a Preliminary Plan is reviewed concurrently with this application the conditions of approval recommended by staff on that application will allow for positive finding to occur with the request for zone change. Adjacent uses to this site may be industrial in nature, however for the most part those uses may be temporary in nature and the current industrial character may in fact change if those uses are extinguished in the future (the gravel pit, compressor station, pipeline staging area, etc.). The surrounding zoning is, to a great degree, A/R/RD (with the exception of Travellers Highland (CIG) and Frac-Tech (RL). The area could in fact result in a "cross -road" development area if impacts (particularly transportation) could be mitigated. PC 10/22108 Strong ZDA L PROJECT SUMMARY The Applicant proposes a zone district amendment from the existing zoning, Agricultural Residential Rural Density, A/RJRD, to Planned Unit Development, PUD, on a parcel of land that is 17.572 acres and located south of Parachute. The proposal is being requested to allow for uses -by -right in the PUD which are currently permitted through Special Use Permit review and approval in the A/RJRD zone district itemized in Section 3.02.03 of the Zoning Resolution of 1978, as amended. This application was submitted based upon discussion at the Sketch Plan meeting for the Strong Subdivision when the applicant was requesting subdivision of AJRIRD lots with the knowledge that individual lot owners would seek Special Use Permits for oil & gas storage -related activities. At that meeting the Planning Commission comments were for the applicant to consider a PUD an the property to allow for comprehensive planning of the permitted uses and allowing for mitigation of potential impacts of the overall development. The proposal submitted includes Storage of Oil & Gas Drilling Equipment and Supplies as a use -by -right, however it also includes many other "storage" and "contractor storage" uses as well. HISTORY Prior to the Planning Commission review of the Sketch Plan, the Board of County Commissioners conditionally approved a Special Use Permit for a Contractor's Yard on this parcel. Resolution 2007-117 was approved by the BOCC on November 19, 2007 and the Permit was issued/recorded on May 15, 2008. See Exhibit G. "The Applicant is seeking approval of the proposed Special Use Permit in order to lease out an area of the subject property for storage of oil and gas equipment including an office area. Storage of equipment will be conducted indoors and within an approximately six (6) acre storage area. The Applicant's site plan identifies the proposed storage area as "Parcel 1". From BOCC Staff Report SUP Site Plan SUP This permit allowed for a contractor's yard on the identified portion of the site and contained the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless 2 PC 10/22/08 Strong ZDA specifically altered by the Board of County Commissioners; 2. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Permit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall be provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 6. All areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 7. The applicant shall provide 2,500 gallons of water storage on-site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 8. Materials and wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or force; 9. A professional engineer shall design the ISDS for this use. A written statement sealed by the consulting engineer regarding the adequacy ofthe proposed system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS; 10. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 11. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 12. A Certificate of Occupancy for the proposed structure shall not be issued until the Chairman ofthe Board has signed the Special Use Permit; 13. All storage of Heavy Equipment shall be conducted within the proposed storage building; The Planning Commission considered the Sketch Plan application for the site at their meeting on May 14, 2008. At that time Staff was concerned with the potential for conflicting land uses, i.e. residential and industrial, within the proposed subdivision, Also discussed in the meeting were the adjacent uses which are primarily industrial in nature. Thus the Planning Commission comments directed the applicant to consider a PUD on the site in order to comprehensively plan the development, allowing for semi -industrial uses and to provide mitigation of the impacts for the whole subdivision rather than employing a piecemeal, incremental plan which could not conceive of, or mitigate, the impacts to the site and adjoining properties. The Strong PUD proposes uses by -right that are designated as Special Uses in the A/R/RD Zone, including Contactor Yard (and related support facilities), Storage for Oil & Gas Drilling Equipment, and other activities itemized below. The PUD proposes two zone districts within the development; the Resource Support (RS) zone and the Utility and Easement (UE) zone. The RS zone designates the uses -by -right as the following: • Contractor Yard; • Fabrication; • General Storage; • Storage of Heavy Equipment; 3 PC 10/22/08 Strong ZDA • Storage of Oil and Gas Drilling Equipment and Supplies; • Communication Facility; • Solar Power Generating System; • Materials lab and testing; • Material handling; • Business offices (associated with the above uses) limited to 1,500 square feet on parcels 2- 5 with Parcel one being permitted two business offices, each with 1,500 square feet. Special Uses in the RS zone include Processing, Warehouse and Distribution Center, and Concrete and Asphalt batch plants. The UE zone permits the installation and maintenance of utilities, irrigation and drainage facilities along with related structures, and access roads and driveways. Performance Standards that are contained within the PUD Zoning Guide are a reiteration of those contained within Sections 5.03.07 and 5.03.08 of the Zoning Resolution, Industrial Operations and Industrial Performance Standards. These standards are used to determine potential impacts of operation of the site such as adequacy of water and sanitation, impact to adjacent land from dust, noise and other emanations, wildlife impacts and mitigation measures to assure compliance with local, state and federal regulations. Application of these standards typically occurs on a project -by - project basis, and required permits related to standards are also typically part of that project -by - project review —with submittal of those permits a condition of approval with submittal of that documentation occurring prior to use of the site. That process is not possible in a scenario where the uses are by -right, and therefore all of the information should be required prior to approving the zone change. Chanes that have occurred since the original meeting: PUD Guide (Staff comments are provided in italics.) 1. Addition of a definition of Storage of Oil and Gas Drilling Equipment and Supplies; 2. Change was written in to allow Lot 1 two business offices, each up to 1500 square feet in size (For consistency, Lot 1 should be changed to Parcel 1 as there is no Lot 1 described in the development); 3. Parking requirements have been added to allow for parking areas to occur on the `impervious" areas of the lots' (once again there are no `lots' described in the project therefore reference to lots should be changed to `parcels"). Additional language regarding the requirement for One parking space per each full-time employee shall be provided... ' and the number of employees must be demonstrated at building permit); 4. Perimeter fencing is now required on all parcels, and fencing standards have incorporated comments from the Division of Wildlife. 5. Under the Performance Standards section of the PUD Guide, the following was added: a. Parcel Owner's Association shall be responsible for enforcement; b. All occupants are required to follow all regulations; c. Protection and maintenance of drainage; 4 PC 10/22/08 Strong ZDA d. Control of fugitive dust on the access roads and easement will be the responsibility of the Parcel Owner's Association; e. Fuel Storage limitations of 1,000 gallon per "lot" (consistency, lot should be parcel) with spill containment; f. No resubdivision may occur, however combining the lots is permissible; g. Fire extinguisher requirements; h. Fabrication and repair must take place in a building; i. Storage of heavy equipment shall be within a building or enclosed in a fenced area and screen from the county road; j. Refuse container standardslrequirements; k. Requirement for Phase One Environmental Study (stafffinds that inclusion of this requirement MAY allow for adequate protection, however the concern is that the PUD Guide does not define exactly what that study is, and further states that this is required prior to building permit submittal. Who is to review it, is it to be submitted to the County with the application for Building Permit, what ifa building permit is not necessary?); 1, Requirement for Public Water Supply when the water system is expected to serve an average of 25 individuals for an average of 60 days per year. (stafffinds that the inclusion of the requirement is an indication that the water supply system will in fact be considered a `public water supply" at some point of the development and therefore should be done prior to approval. In addition, what is the "trigger" to require the system in the future? Staff has incorporated the requirement for a Public Water Supply as a condition of approval of the subdivision.); 6. General Allowances, Maintenance section has changed as follows: a. Description of Leasehold Interest allowances in the development (stafffinds that the language, as written, may allow for an owner to have a business on the parcel AND to have a leasehold interest, thereby resulting in two business operating per parcel; the allowance for Parcel 1 to have two leasehold interests could result in three businesses operating on that parcel). ,• b. Mobile office trailer restrictions, particularly their temporary nature. Declaration of Protective Covenants Submittal of this documentation was critical to ensure ownership and maintenance of common facilities and to ensure that the development functions in a proper manner. There are additional standards that have been incorporated into this documentation that may provide standards for protection of the environment, adjacent property owners and the County in general. However, the document does need revision for consistency with the PUD Guide requirements and descriptions. Staffhas comments and concerns with several sections of the Declaration which could be refined to alleviate those concerns (i.e. allowance for variances should not permitted except through a County process). Further, once revised and refined, this document should be incorporated into or referenced in the zoning document (PUD Guide). In addition to the request for rezoning, the applicant is also seeking review ofa Preliminary Plan for subdivision of the proposed lots. Five (5) lots are proposed which range in size from the smallest at 2.862 acres to the largest parcel at 5.352 acres. Access to the property is 200' south of State 5 PC 10/22/08 Strong ZDA Highway 6 & 24 on CR 300 and located southwest of the Town of Parachute. The conditions of approval for the Preliminary Plan are critical in allowing staff to make positive findings on the zone change application. II. LAND USE REQUESTS In order to accomplish this proposed development, the Applicant requests the following land use approvals: I) Rezone the property to Planned Unit Development (PUD) The Applicant proposes to rezone the property from its current zoning of A/R/RD to PUD in order to modify the uses permitted by -right. The applicants are seeking by -right uses of several of the special uses identified within the A/R/RD zone as well as several uses that are not included within the A/R/RD zone. 2) Subdivision The Applicant proposes to subdivide the property into five (5) lots that will then be individually conveyed and developed. A separate staffreport discusses the Preliminary Plan. III. PROCESS The Applicant is requesting that the two land use requests be processed concurrently however Staff has separated the two applications and provided two staff reports. Commission consideration of the Zone District Amendment from. A/R/RD to PUD must occur first. Regardless of whether the zone change occurs, the Commission will then consider the Preliminary Plan portion of the application. IV. RELATIONSHIP TO THE COMPREHENSIVE PLAN der . 1 The subject site is located in Study Area 3 of the Site Specific Use Limitations '`� Comprehensive Plan of 2000 and identified as having `site specific use limitations' as shown on the map below. The Garfield County Zoning Regulations require Planned Unit Developments (PUDs) to be in general conformity with the Comprehensive Plan (hereinafter "Plan"). One of the goals of the Plan is to °encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses.' Staff has evaluated the proposed development and found 4j S1) areas of generally conformity: > Compatibility of adjacent uses and future land use patterns. ➢ Zoning regulations and a review process will be developed and enforced that recognize the 6 PC 10122108 Strong ZDA difference in size, scope, and type of commercial and industrial development; (this may be found consistent with staff recommended revisions to the documents) 9 Uses proposed do not comply with the current underlying zoning, but may comply with proposed zoning; (Applicant has provided justification for uses not itemized) ➢ Site specific constraints regarding geology, flooding, high water table and soils may limit development potential; (the Applicant has provided sufficient information to apply conditions of approval to the Preliminary Plan which may assure that these items are adequately mitigated. However the submittal does not generally conform to the following concepts in the Comprehensive Plan: ➢ The proposal does not include any dedicated open space for the development, which in fact may not be necessary given the proposal; ). Traffic impacts are not adequately mitigated for the uses proposed; Staff finds the subject property MAY generally conform to the goals of the Comprehensive Plan, if Staff recommended revisions and comments are incorporated into the FUD Guide and Declaration of Protective Covenants, and the remaining critical issue of TRAFFIC IMPACTS is adequately mitigated. Mitigation of traffic impacts cannot be determined until such time as a State Highway Access Permit is submitted to CDOT. V. REFERRAL AGENCIES A. Bookcliff Soil Conservation District: No comment received B. Town of Parachute: No comment received C. Grand Valley Fire Protection District: Rob Ferguson, Deputy Chief, responded to this application with comments regarding compliance with IFC 2003 standards for access, particularly regarding weight requirements. Exhibit N D. Colorado Division of Water Resources: Mark Vanarelli, Water Resources Engineer responded to this application with comments regarding well permits for the site which permit the uses, however the evidence of physical adequacy was not provided. Overall, it is of the opinion of the DOWR that the proposed water supply will not cause material injury to decreed water rights if the contract for augmentation is maintained. The DOWR does point out that they are unable to comment on adequacy of the supply due to the lack of infonnation typically contained in a water resource report (addressing quality, quantity and dependability). Exhibit K. E. Colorado Geological Survey: T.C. Wait, Engineering Geologist, has responded to the application with comments regarding groundwater levels and potential for seasonal flooding for subsurface structures and septic systems. Further comments pertain to loose and collapsible soils, erosion potential and percolation rates. CGS has made numerous recommendations. Exhibit L. 7 PC 10/22/08 Strong ZDA F. Garfield County Road & Bridge: Comments indicated that the driveway onto CR 300 is permitted and built to specification. The traffic study has been accepted showing CR 300 is adequate to handle the added traffic. Future or current users may be requested to assist financially in repairs or improvements to CR 300. Exhibit H. G. Colorado Div. of Wildlife: JT Romatzke, Acting Area Wildlife Manager, responded to the application with recommendations to minimize impact on wildlife in regards to fencing, weed control and soil disturbance. Exhibit M. H. Garfield County Vegetation Management: Steve Anthony, Vegetation Manager, responded to the application with request for additional information regarding soil management, quantification of disturbance and provision of security, if needed, and request for treatment of noxious weeds (tamarisk trees) prior to construction activity. Exhibit P. 1. Garfield County Environmental Health: Jim Rada, Environmental Health Manager, has responded to the application requesting information regarding the number of users of the water system and additional information regarding soils for leach fields. Exhibit I. J. Colorado Department of Transportation: Dan Roussin, Access Permit Unit Manager, has responded to the application with concern regarding the intersection of CR 300 and Highway (US) 6. Mr. Roussin has stated that a State Highway Access Permit is required due to the percentage increase of traffic from this development. Since CR 300 is a County Road it is the responsibility of the County, or an authorized designee, to apply for the permit which will necessitate safety improvements for the intersection. Exhibit O. K. Public Service: No comment received. L. Garfield County Sheriff: The Sheriff s Office provided no comment. VI. REVIEW STANDARDS & CRITERIA The following section presents the required review standards and criteria used to determine the proposed development's compliance with Garfield County Subdivision and Planned Unit Development regulations. The applicable standards are in bold and italicized text followed by Staff s response. Planned Unit Development Review Standards The Applicant is requesting that the underlying zoning be changed from A/R/RD to PUD. As such, the following standards apply: 4.04 CONSISTENCY WITH THE MASTER/COMPREHENSIVE PLAN No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the Coun 's Master/Comprehensive plan(s). When appropriate, an application for an amendment to the Garfield County Master/Comprehensive Plan may be made as part of a PUD application. Any application for Master/Comprehensive Plan amendment must be approved by the Planning Commission, prior to its recommendation on the PUD application, and may occur at the same meeting. Applications for Comprehensive Plan amendment shall include justificationor the amendment based upon criteria for establishing land use designations contained in the Master/Comprehensive Plan. (A. 97-109) Staff Finding The proposed development generally conforms to the Comprehensive Plan, with incorporation of Staff recommended revisions into the PUD Guide and Declaration of Covenants, in all areas except 8 PC 10/22/08 Strong ZDA for Traffic Impacts. This is a critical issue that needs to be evaluated and adequately mitigated for public health and safety issues. 4.05.02 It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, play -grounds, school grounds, storm drainage, water supply and distribution, and sewage collection and treatment, may be subject to modification from the specifications, standards, and requirements established in the Subdivision Regulations of Garfield County for like uses in other zone districts. The County Commissioners may, at the time of zoning as a PUD, waive or modify the specifications, standards and requirements which would be otherwise applicable, as requested by the applicant. Any waiver or modification of specifications, standards and requirements will only be approved if it can be demonstrated that the proposed waiver(s) is consistent with "best engineering practices," as recommended by an engineer retained by the County. (A. 97-109) Staff Finding The standards and requirements for adequate access have not been provided, however all other issues related to standards can be met with incorporation of staff comments and Preliminary Plan conditions. 4.07 STANDARDS AND REQUIREMENTS 4.07.02 The number of off-street parking spaces for each use in each PUD shall not be less than the requirements for like uses in other zoning districts, except that the County Commissioners may increase or decrease the required number of off-street parking spaces in consideration of the following factors (1) Estimated number of cars owned by occupants of dwellings in the PUD; (2) Parking needs of non -dwelling uses; (3) Varying time periods of use whenever joint use of common parking areas is proposed. Staff Finding The development proposes to meet the criteria outlined in the zoning resolution and have added additional requirements into their PUD Guide that may assure adequate on-site parking. 4.07.03 The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one (1) or more of them is not applicable or that a practical solution has been otherwise achieved: (1) The PUD shall have an appropriate relationship to the surrounding area, with unreasonable adverse effects on the surrounding area being minimized Staff Finding The existing nature of the surrounding area of the property is industrial in nature and includes such uses as a gravel pit, compressor stations, Frac Tech and Travellers Highlands. Those uses subject to Special Use Permits are subject to extermination and reversion to the underlying zoning ofAtIVRD. This area has been heavily utilized by the Oil and Gas Industry. The potential effects of this use on the area are mainly traffic related, particularly at the intersection of CR 300 and Highway 6 which currently experiences significant problems. This issue has been inadequately addressed by the applicant and is at such a critical level that proper permitting and improvements must occur prior to this development operating. Staff has incorporated a condition of approval in the Preliminary Plan for a State Highway Access Permit (SHAP) which could mitigate this situation. Funding of the improvements necessitated by the SHAP should not be the sole responsibility of the applicant, nor is Staff suggesting such. The extent of improvements is currently unknown and until such time as a SHAP is submitted and reviewed the County will remain unaware of what improvements are 9 PC 10/22108 Strong ZDA necessary to assure safety on these roads. (2) The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for when the site is used for residential purposes. Staff Finding The development proposes an internal street that ends in a cul-de-sac. The length of that roadway is 1,161 feet which exceeds the permitted maximum length of 600' for a cul-de-sac. The Grand Valley Fire Protection District has responded to this application stating that the access for the proposed development appears to be adequate for emergency apparatus, however they are concerned regarding the compliance with 1FC standards for weight, see Exhibit N. The Applicant has provided additional information from Huddleston -Bevy regarding the sufficiency of the road, see Exhibit CC. Garfield County Road and Bridge Department commented that the driveway, now existing, on to CR 300 is satisfactory and permitted. R&B also made comment regarding future road repairs or improvement and the applicant's responsibility to assist financially in those improvement/repairs. See Exhibit H (3) The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, convenience, separation and screening. Staff Finding are sufficient standards to determine that adequate parking may be provided within the development, though neither the PUD Guide nor the site plan specifies the location or areas for parking. Those locations are to be determined at building permit. (4) The PUD shall provide Common Open Space adequate in terms of location, area and type of the Common Open Space, and in terms of the uses permitted in the PAID. The PUD shall strive for optimum preservation of the natural features of the terrain. Staff Finding The subject property contains 17.572 acres. The PUD does not plan to provide any open space and are seeking relief from the Board of County Commissioners for this requirement. PUD's are required to provide a minimum of 25% open space which would result in 4.4 acres of open space for this development. The provision of open space would still allow the parcels to meet the minimum lot size. Staff questions the necessity for open space within a development of this type. (5) The PUD shall provide for variety in housing types and densities, other facilities and Common Open Space. Staff Finding Not applicable. (6) The PUD shall provide adequate privacy between dwelling units. Staff Finding Not applicable. 10 PC 10/22/08 Strong ZDA (7) The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, and access to points of destination and attractiveness. Staff Finding Not applicable. (8) If centralized water and/or wastewater facilities are proposed within the PUD, they shall be provided for in a separate utility zone district that shall contain its own performance standards. No land within any utility zone district shall apply toward any category of open space calculation or requirement. The PUD shall demonstrate how common water and wastewater facilities will be controlled or governed by the future owners within the PUD. (A. 97-109) Staff Finding A separate Utility Zone District is identified in the plan. The developer proposes a common well with the provision of easements and specifications for the construction of the system. A Well Sharing Agreement has been provided and the Declaration of Protective Covenants for the development further defines the ownership and maintenance of the system. Regarding wastewater, the developer proposes each lot owner construct an ISDS to serve their site. There are questions regarding the suitability of the soils from CGS, Exhibit L, and Garfield County Environmental Health, Exhibit I, however sufficient conditions of approval for the Preliminary Plan may mitigate the questions and concerns of these agencies. The PUD Guide specifies the requirement for an engineer -designed system. (9) Any disturbance of sloes in excess of 40%, shall be the minimum necessary to meet the development needs, with a revegetation and geotechnical plan submitted with the PUD application; (A. 97-109) Staff Finding The subject site does not contain slopes in excess of 40°x'0. (10) If community facilities are proposed to be contained or allowed in the PUD, the application shall discuss who or what entity shall be responsible for the provision of and payment for the proposed facilities. The facilities shall also be included within the overall common infrastructure requirements of the PUD, to include water, wastewater and parking requirements. (A. 97-109) Staff Finding No community facilities are proposed to be contained or allowed in the PUD. 4.07.04 The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: (1) It's geographical location; (2) The probable effect on surrounding slopes and mountainous terrain; (3) Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; (4) Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view; (5) Influence on the general vicinity, with regard to extreme contrast, vistas and open space; and (6) Uses within the proposed building. Staff Finding See Exhibit EE for Applicant documentation to justify the increase in the height for the project. 11 PC 10122/08 Strong ZDA 4.07.05 The minimum lot areas and the minimum setback restrictions may be decreased below and the maximum lot coverage may be increased above those applicable to like buildings in other zone districts to accommodate specific building types with unusual orientation on the lot or relationship between buildings. The averaging of lot areas shall be permitted to provide flexibility an design and to relate lot size to topography, but each lot shall contain an acceptable building site. The clustering of development with useable common open areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings. Architectural style of buildings shall not be a basis for denying approval of a PUD application. Staff Finding Proposed Setbacks These setbacks may be determined sufficient as requirement for screening and fencing has been included. The 5' setbacks for Bud's Way and the parcel side lot lines should be removed as fencing of the perimeter of the parcels is now required, negating the need for setbacks with no fencing. Lot Coverage The proposed lot coverage of 15% may result in buildings sized between 13,000 square feet (on a 2 acre lot) and 26,000 square feet (on a 4 acre lot) with heights of 35 feet. The PUD Guide restricts office sizes to 1,500 square feet per parcel (with allowance for two offices, each limited to 1,500 square feet, to occur on Parcel 1).Outdoor storage has limitations such as setbacks and screening requirements and otherwise can occur over the entire parcel. The applicant has also provided: • Restriction that no further subdivision of the parcels can occur; • Restrictions and standards for outside storage to mitigate visual and environmental impacts. 4.07.06 The overall residential density shall be no greater than two (2) dwelling units per gross acre within the FUD; provided, however, that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre in areas where public water and sewer systems, owned and operated by a municipal government or special district (as defined by Section 32-1-103(20), CRS.) are readily available and the prior zoning classification allowed residential densities greater than two (2) dwelling units per gross acre, such densities being determined by reference to the maximum lot coverage, minimum setback, maximum floor area ratio, maximum building height and parking standards of such prior zoning classification. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and transferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone district. (A. 83-93, A. 96-87, A. 97-109) 12 _Buildin•s 5tora.e CR 300 25' 15' Bud's Way 5' OR 0' if a fence is constructed Side or internal lot lines 5' OR 0' if a fence is constructed These setbacks may be determined sufficient as requirement for screening and fencing has been included. The 5' setbacks for Bud's Way and the parcel side lot lines should be removed as fencing of the perimeter of the parcels is now required, negating the need for setbacks with no fencing. Lot Coverage The proposed lot coverage of 15% may result in buildings sized between 13,000 square feet (on a 2 acre lot) and 26,000 square feet (on a 4 acre lot) with heights of 35 feet. The PUD Guide restricts office sizes to 1,500 square feet per parcel (with allowance for two offices, each limited to 1,500 square feet, to occur on Parcel 1).Outdoor storage has limitations such as setbacks and screening requirements and otherwise can occur over the entire parcel. The applicant has also provided: • Restriction that no further subdivision of the parcels can occur; • Restrictions and standards for outside storage to mitigate visual and environmental impacts. 4.07.06 The overall residential density shall be no greater than two (2) dwelling units per gross acre within the FUD; provided, however, that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre in areas where public water and sewer systems, owned and operated by a municipal government or special district (as defined by Section 32-1-103(20), CRS.) are readily available and the prior zoning classification allowed residential densities greater than two (2) dwelling units per gross acre, such densities being determined by reference to the maximum lot coverage, minimum setback, maximum floor area ratio, maximum building height and parking standards of such prior zoning classification. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and transferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone district. (A. 83-93, A. 96-87, A. 97-109) 12 PC 10/22/08 Strong ZDA Staff Finding Not applicabe. 4.07.07 The minimum number of acres that may comprise a PUD is two (2) acres. Staff Finding The subject property contains 17.572 acres which exceeds the minimum acreage requirement for PUD's. 4.07.08 All uses, which are permitted in the underlying zone district or consistent with the land use designations in the Comprehensive Plan, or approved as an amendment to the Comprehensive Plan, may be permitted in PUDs. (A. 95-043, A. 97-109) The uses, which shall be permitted in any particular PUD shall be those permitted by the resolution zoning the particular area PUD. Staff Finding The applicant has included A/R/RD Special Uses as Use -By -Right within the PUD. Several uses that are being contemplated in the new land use regulations are also being requested for the PUD including a Use -By -Right for `Material Lab and Testing' and a Special Use allowance for `Warehouse and Distribution Center'. Exhibit EE contains justification for allowing these uses in the PUD. 4.07.09 Twenty-five percent (25%) of the total area within the boundary of any PUD shall be devoted to Common Open Space. Not more than twenty-five percent (25%) of the Common Open Space shall be an area of water classed as commercial open space. Of the 25% open space requirement within PUDs, no more than 40% of the 25% total required, shall be limited use open space, with the balance being retained as one or more of the remaining open space categories, listed above. Provided, however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design of, and the amenities and features incorporated into the Plan, and that the needs of the occupants of the PUD for Common Open Space can be met in the proposed PUD. (4. 97-109) Staff Finding The PUD proposes no dedicated open space. Approximately 4.4 acres would be the minimum Common Open Space requirement based upon the 17.572 acre property. If the PUD would provide the 25% open space, the minimum lot size would average greater than 2 acres and remain compliant with the underlying zone district minimum lot size. However, given the location and the uses proposed for the project the lack of open space may not be an issue. The BOCC may determine that provision of open space is not necessary for the needs of the occupants of the development. 4.07.10 If any zone district within the PUD is proposed to contain time-share or fractional ownership units, or other similar interest in property, the provisions for such ownership shall be those that are approved by the Board of County Commissioners at the time the property is zoned PUD. Additional Staff Comments Though the Applicant has made significant strides in applying standard in the revised PUD Guide, Staff has the following comments: The PUD Guide contains provisions related to leasehold interests on each of the parcels. The Applicant's attempt to limit this issue has been inadequately described and should be revised to allow for not more than one interest (Owner or Lessee business) to operate on a parcel, other than Parcel 1 which is permitted to have two interests (businesses) operating on the site. A better defined 13 PC 10/22/08 Strong ZDA allowance needs to be added to the attempt made by the Applicant to refine the leasehold interest. Staff's concern is the use of a single parcel (other than Parcel 1) by multiple users or interests in the lot - as currently written the owner can utilize the lot for a business AND would still be permitted one lessee to operate a second separate business on the parcel. The Declaration of Protective Covenants Section 4.14 identifies a variance procedure whereby the Board of Directors may grant variance to the restrictions in Section 4 Restrictions, and goes on to further state that 'for any good cause shown such various may be granted upon any such conditions as the Board of Directors shall determine. This section should be omitted as it is the purview of the County Boards to grant variances from zoning restrictions, not a project's Board of Directors. Staff has found inconsistencies in the documentation provided. The significant traffic issues associated with the intersection of Highway 6 and County Road 300 MUST be addressed and adequately mitigated prior to additional traffic being permitted on this road system. Concerned with the quality of the water supply system has been mentioned previously, with water quality being a significant issue that must be resolved prior to this allowing the "public" to utilize the system. The Applicant MUST apply to the State of Colorado for a Public Water Supply and such conditions related to the approval of the system must be in place prior to Final Plat. The `public water supply' would assure the quality of the water would be safe for the `public' to consume. VH. RECOMMENDED FINDINGS 1. That proper posting and public notice was provided, as required, for the hearing before the Planning Commission; 2, That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That for the above stated and other reasons, the proposed Zone District Amendment MAY BE in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 4. That the application MAY BE in conformance with the 1978 Garfield County Zoning Resolution, as amended and the application is MAY BE in conformance with the Comprehensive Plan of 2000; VIII. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL of the Zone District Amendment to the Board of County Commissioners IF STAFF COMMENTS AND RECOMMENDED CHANGES ARE INCORPORATED INTO THE PUD GUIDE AND DECLARATION OF PROTECTIVE COVENANTS. 14 PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION PROPERTY SIZE SITE DATA WATER & SEWER EXISTING ZONING COMPREHENSIVE PLAN RECOMMENDATION PC 10/22/08 KE Preliminary Plan: Strong PUD George and Leslie Strong Eric McCafferty, Compass Mountain Land Use CR 300 south of Highway 6, approximately 5 miles south of Parachute 17.578 acres 5 industrial lots and a Utility Zone Common Well, ISDS AIRIRD Site Specific Use Limitations Approval, with conditions I. GENERAL PROJECT INFORMATION The applicant has submitted a Zone District Amendment to rezone a 17.578 acre property from AIR/RD to PUD. The applicant is also seeking, concurrently, a Preliminary Plan for a subdivision of the property into 5 lots that will be utilized for industrial uses. II. REFERRALS The reviewing agency comments are itemized below but specifically incorporated into the relevant sections of this memo: A. Bookcliff Soil Conservation District: No comment received B. Town of Parachute: No comment received C. Grand Valley Fire Protection District: Rob Ferguson, Deputy Chief, responded to this application with comments regarding compliance with IFC 2003 standards for access, particularly regarding weight requirements. Exhibit N D. Colorado Division of Water Resources: Mark Vanarelli, Water Resources Engineer responded to this application with comments regarding well permits for the site which permit the uses, however the evidence of physical adequacy was not provided. Overall, it is of the opinion of the DOWR that the proposed water supply will not cause material injury to decreed water rights if the contract for augmentation is maintained. The DOWR does point out that they are unable to comment on adequacy of the supply due to the lack of information typically contained in a water resource report (addressing quality, quantity and dependability). Exhibit L PC 10/22/08 KE E. Colorado Geological Survey: T.C. Wait, Engineering Geologist, has responded to the application with comments regarding groundwater levels and potential for seasonal flooding for subsurface structures and septic systems. Further comments pertain to loose and collapsible soils, erosion potential and percolation rates. CGS has made numerous recommendations. Exhibit L. F. Garfield County Road & Bridge: Comments indicated that the driveway onto CR 300 is permitted and built to specification. The traffic study has been accepted showing CR 300 is adequate to handle the added traffic. Future or current users may be requested to assist financially in repairs or improvements to CR 300. Exhibit H. G. Colorado Div. of Wildlife: JT Romatzke, Acting Area Wildlife Manager, responded to the application with recommendations to minimize impact on wildlife in regards to fencing, weed control and soil disturbance. Exhibit M. H. Garfield County Ve etation Management: Steve Anthony, Vegetation Manager, responded to the application with request for additional information regarding soil management, quantification of disturbance and provision of security, if needed, and request for treatment of noxious weeds (tamarisk trees) prior to construction activity. Exhibit P 1. Garfield County Environmental Health: Jim Rada, Environmental Health Manager, has responded to the application requesting information regarding the number of users of the water system and additional information regarding soils for leach fields. Exhibit L J. Colorado Department of Transportation: Dan Roussin, Access Permit Unit Manager, has responded to the application with concern regarding the intersection of CR 300 and Highway (US) 6. Mr. Roussin has stated that a State Highway Access Permit is required due to the percentage increase of traffic from this development. Since CR 300 is a County Road it is the responsibility of the County, or an authorized designee, to apply for the permit which will necessitate safety improvements for the intersection. Exhibit O. K. Public Service: No comment received. L. Garfield County Sheriff: The Sheriffs Office provided no comment. III. GENERAL RELATIONSHIP TO COMPREHENSIVE PLAN The property has been designated in Study Area 3 as "Privately owned lands with site specific limitations to be evaluated at plan review." To this end, virtually any land use, so long as it was consistent with the uses in the AIR.IRD zone (underlying zoning) district would be considered "compatible" in this location so long as the envirorunental (geologic / hydrologic / slope) challenges were appropriately mitigated through plan review. In addition, Staff has included the majority of goals, policies, and objectives from the plan that relate to industrial development for your review. 2 Strang Property 120_ .[� '..'C Feet PC 10/22/08 KE A) GOALS ➢ Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. B) POLICIES > Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts of industrial activities on adjacent land owners. These measures may include the following: A. Landscaping and screening; B. Roadway improvements and signage; C. Safe and efficient access routes; D. Drainage improvements to protect surface and groundwater. • Dust, odors and fumes should be contained within the site generating such emissions and should not negatively affect any surrounding land use. Landscaping and screening will be required to address specific visual impacts of industrial development. Zoning regulations and a review process will be developed and enforced that recognize the differences in size, scope, and type of industrial development. A hierarchical review process will be developed which respects the unique land use issues based on the size and scope of the project. The County will require impact mitigation for these projects, when appropriate. • The project review process will include the identification and mitigation of transportation impacts related to industrial development. • County zoning regulations regarding industrial development will be compatible with land use policies of adjacent jurisdictions. 3 PC 10/22/08 KE C) OBJECTIVES • The County will ensure that industrial activities will not adversely affect the natural environment, including air quality, water quality, wildlife habitat or important visual resources. • Encourage the location of industrial development in areas where visual, noise, air quality and infrastructure impacts are reduced. • Ensure that Zoning Regulations addressing Commercial and Industrial uses reflect the changing land use patterns and demographics of the County and encourage the further diversification of the County's economy. > Ensure that the type, size and scope of industrial and commercial development are consistent with the long-term land use objectives of the County. IV. APPLICABLE ZONING REGULATIONS The Zone District Amendment for the Strong Development included a PUD Guide, a document that contains their proposed zoning regulations applicable to the site to be used to guide future land uses. A. Proposed Uses The Applicant proposes two zone districts within the property. The five lots identified on the Preliminary Plan as Parcels 1 — 5 are designated as "Resource Support", the second district is "Utility and Easement District" which allows for access roads, installation and maintenance of utilities and irrigation and drainage facilities. The PUD Guide also contains Special Review uses (requiring a Special Use Permit from Garfield County) within the Resource Support District including Processing, Warehouse and Distribution Center and Concrete and Asphalt Batch Plant(s). B. Common Dimensional Requirements 1. Minimum Lot Size: Pursuant to the Preliminary Plan the smallest lot within the Strong PUD is 2.4 acres. The maximum lot size is 4.8 acres. 2. Floor Area Ratio: Restriction of 1,500 square feet of office area per lot. 3. Maximum Lot Coverage: Building 15%. Outdoor storage has not restriction. 4. Minimum Setbacks: The zoning document identifies setbacks as follows: • From CR 300 Building 25 feet Storage 15 feet > From Bud's Way 5 feet > Interior lot lines If fenced 0 No fencing 5 feet 5. Maximum Height of Buildings: 35 feet (Silos may extend to 40 feet) 4 Rib'=i1P�RW>s0: AgVg5 TOTA},P ast an:m...Imi f7,T2AIS%S TV^ISL PAM= ttLOTS ,A7,'t t, 3 tutu .MO1, ArrIL lM 44011 PPY-4.0 0 o T9YU .112.4cr riececes0 msatsVENTJALiacrilf OKA Px. AtUtniEW CP m-nix0d-a uiT.UPda Phir.µ otwasiNeOP),Py. yfpS:a4 mg •paS➢oPs IAS.'O3x KY MOS snaztrSxe4• 0 7V7tfl SSICAM fl'P D OIr.nrTl4.30117 JOIWCZS 1P.fiiEP.'VeSY}. lr. orrleOPPyr ..fl5.i 01:c0AI0mPm.+[aMLfl i1T•xpPsy]pT PC 10/22/08 KE x175 P. U p, 2,71577FG TABLE e..0 n.r.•r..�-a. Kawwia'q•r. IwR 1911, 1.i.t 1- w NOTE: r ---k rOd 7.n.rr1 2y} R�o,ad— .P] i]V aw ai.£_.Pu Ar..51f11 •+..4® triTC T+a..-++rr Proposed Preliminary Plan V. ADDITIONAL INFORMATION 4:60 L311, MPrlem.rp.+.n.rP A. Proposed terms of reservations or dedication of sites for public and/or common facilities or if any; greenbelt; B. Staff Findings The applicant did not provide terms of reservation for common facilities such as the water supply system, the roadway or the drainage structures. Description of any proposed phasing plan, if any; Staff Findings A phasing plan was not proposed. C. Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law; 5 031. m . Mao a T S! 3 R•11 y, I Ae Iqe K' 1...T2..41,;fh • 11 MW •fW .....7.611, Op MI. C. T$m ,91 .IT Y71 :- d..r.V Yhtivp n r' 4-•1,.a 1+1 P.r aat,.m S" Y4 P. K 1..p,”rf'l 1P {- PC 10/22/08 KE x175 P. U p, 2,71577FG TABLE e..0 n.r.•r..�-a. Kawwia'q•r. IwR 1911, 1.i.t 1- w NOTE: r ---k rOd 7.n.rr1 2y} R�o,ad— .P] i]V aw ai.£_.Pu Ar..51f11 •+..4® triTC T+a..-++rr Proposed Preliminary Plan V. ADDITIONAL INFORMATION 4:60 L311, MPrlem.rp.+.n.rP A. Proposed terms of reservations or dedication of sites for public and/or common facilities or if any; greenbelt; B. Staff Findings The applicant did not provide terms of reservation for common facilities such as the water supply system, the roadway or the drainage structures. Description of any proposed phasing plan, if any; Staff Findings A phasing plan was not proposed. C. Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law; 5 PC 10/22/08 KE Staff Findings The parcels created will have access to CR 300, a County Road, however the traffic generated by the uses will necessitate a State Highway Access Permit for the intersection of CR 300 and Highway 6. D. Total number of proposed off-street parking spaces, excluding those provided for single-family residential use; Staff Findings The number of parking spaces is defined within the PUD zoning document and requires the provision of spaces based upon the size of the structures built, exclusive of storage area. E. Evidence that all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified and the proposed uses in those areas are compatible with such conditions; Staff Findings: The applicant has provided a Geotechnical Investigation performed by Huddleston -Berry Engineering & Testing, LLC dated July 25, 2006 and a supplemental report dated October 6, 2008. Recommendations made in those two documents can adequately mitigate any potential soils issues on the site. Recommendations are as follows: ExteriorFlatwork Rccommendatia�ns The native clay soils are suitable for support of slabs -on -grade. However, it s,ras r nmeoned above, these soils are slightly to moderately collapsible. Therefore,that floor stabs and exterior flatwork be constructed above 12 -inches h struo Haat fill with subgrade preparation and fill placement as discussed se n Recommendations section of this report. Braine a endations Grading around the structures should be designed to precipitation and runoff away deri that the finished ground surface drop at least from the structures. It is recommended Downspouts should twelve inches within the first ten feet away from the structures. ownsp uts feet 1d empty beyond the backfill zone. It is reoommende4 that landscaping within of the structures include primarily desert- plants with low water require eats. nmid icon or is recommended that automatic irrigation within ten feet of foundations controlled with automatic shutoffvalves: 6 PC 10/22/08 KE F undatton Recommendations Eased upon the subsurface conditions at the site and nature of the proposed construction, shallow foundations are recommended. Spread footings and monolithic structural slabs are both appropriate foundation alternatives. However, as discussed above, the native clay soils at the site are slightly to moderately collapsible. Therefore, it is recommended that the foundations be constructed above a minimum of 30 -inches of structural fill. The native clay soils are suitable for reuse as structural fill. Imported structural fill should consist of a granular, non -expansive, non -free draining material such as pit -run or CDOT Mass 6 base course. However, if pit -run is used for structural fill, a minimum of six inches of Class 6 base course should be placed on top of the pit run to prevent large point stresses on the bottoms of the footings due to large particles in the pit -run. Existing topsoil materials are not suitable for use as structural fill and should be removed from the building pad arca. Prior to placement of structural fill, it is recommended that the bottom of the foundation excavation be scarified to a depth of 6 to 8 inches, moisture conditioned, and compacted to a minimum of 95% of the standard Proctor maximum dry density, within ± 2% of the optimum moisture content as determined in accordance with ASTM 1.7698. Structural fill should extend laterally beyond tine edges of the foundation a distance equal to the thickness of structural fill. Structural fill should be moisture conditioned, placed in maximum 8 -inch loose lifts, and compacted to a minimum of 95% of the standard Proctor - maximum dry density for fine grained soils and modified Proctor maximum dry density for coarse grained soils, within f 2% of the optimum moisture content as determined in accordance with ASTM D698 and D1557C, respectively. For the foundation building pad prepared as recommended, a maximum allowable bearing capacity of 1,250 psf may be used. In addition, a modulus of subgrade reaction of 150 pci may be used. To protect against frost heave, the bottoms of foundations should be placed a minimum of 3O-incbcs below the finished grade. Any stexnwa lls or retaining walls should be designed to resist lateral earth pressures, For baokfill consisting of the native clay soils, or imported granular, non -free draining, non - expansive material, we recommend that the walls be designed for an equivalent fluid unit weight of 50 pcf in areas where no surcharge loads are present. Lateral earth pressures should be increased as necessary to reflect any surcharge loading behind the walls, As indicated previously, soluble sulfates were detected in the site soils in a concentration of 4013 ppm. This concentration of water soluble sulfates represents a moderate degree of potential sulfate attack on concrete exposed to these materials. Therefore, Type I-II sulfate resistant cement is recommended for construction at this site. 7 PC 10/22/08 KE Ger, tie The recommendations included above are based upon the results of the snbsurfaoe investigation and on our local experience. These conclusions and recommendations are valid only for the proposed construction. will It is important to note that the use of structural fill below slat bs and d foundations f collapw of reduce, but not eliminate, tl��tfiTl wi lntial for. distribute pressuxesl �frorct the foundations such the native soils. The strut that the pressure on the underlying native soils is reduced. In addition, the stractival fill will help reduce differential movement of foundations add exterior slabs. lab . serine While, the P foundation recommendations above are consistent with generally los�g-�terrx changes in practices in areas of collapsible soils, HBET cannot predict r dic oro loexng-term of cnges n subsurface moisture conditions anchor the precise maw e. MET believes that with groper Although the potential for movement still exists, structural movements will be application of the recommendations in this report, any within acceptable levels. ly As discussed previously, the subsurface conditions at the site were o s ria'd to beaye ir consistent. However, the precise nature and extent of anyf not become evident until construction. Therefore, it is recommended l oat a rep eo vntati t of HBE'I' observe the foundation excavation prior to consistent with these i�escrib� herein. In addition, it is ills Subsurface conditions are recommended that a representative of 1-IBET test compaction of'stxvctural fill materia s. Colorado Geologic Survey (Exhibit L) also provided recommendations for this site: 1) The aggregate mineral resources at this site may be of future value, and should be addressed. 2) The site may be at risk for fuiure flooding from the Colorado River. It may be prudent to conduct a flooding evaluation ice this site to determiop flood elevations and if mitigation is necessary, 3) Lot—specific subsurfa a foundation:inveStrgations and geotechnical testing should be done prior to building to identify specific subsurface conditions that may affect development (collapsible soils, depth to groundwater, etc.), 4) Lot -specific septa investigations should be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineered systems may be required depending on percolation rates and seasonally shallow groundwater levels. 5) Proper foundation and utility drainage should be established for all subsurface elements within 3 feet of seasonal high groundwater elevations, and positive drainage should be provided around structures to prevent water from infiltrating soils near foundations. Downspouts should be directed away from foundations, 6) Establish an erosion control plan using best management practices prior to any site development to control erosion and prevent sediment transport. 7) The HB report snakes several recommendations that should be followed, including using sulfate - resistant cement for construction and that shallow foundations be placed on a minimum of 30 inches of structural fill and flatwork be placed on a minimum of 12 inches of structural fill. The fill should extend a distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral edges of the foundations. 8 PC 10/22/08 KE F. Radiation evaluation for areas of potential radiation hazard to future land use; Staff Findings: Radiation evaluation has not occurred, however it is typical for applicants to provide a radon test at building permit. G. A title commitment for property to be developed; Staff Findings: A title commitment has not been provided. H. If there is a subdivision of a section required, a copy of the final work sheet shall be provided for approval by the County Surveyor. Staff Findings: Not applicable. VI. SUPPLEMENTAL INFORMATION: §4.70 through §4:94 A. Geolo2v Description and/or illustration by registered professional engineer licensed by the State of Colorado of bedrock lithology and the stratigraphy of overlaying unconsolidated materials in sufficient detail to indicate any potential development problems resulting from groundwater, subsidence, instability in road excavations and ills, expansive soils, drainage patterns, structural bearing strength, or the like; Staff Findings: Sufficient information has been submitted and numerous recommendations made by both the applicants' geotechnical engineer and Colorado Geologic Survey. These recommendations will be included as staff -recommended conditions of approval to mitigate potential concerns. B. Soils Map and description of soil types and their boundaries based on the National Cooperative Soil Survey, USDA Soil Conservation Service, and including a table of interpretations; Staff Findings: Geotechincial information included analysis of the soils on the site. C. Vegetation Map and description of plant associations following practices of the Soil Conservation Service and including a description of adapted materials and the location of major tree masses; and Staff Findings Vegetation information is contained within the submittal documentation and that information was reviewed by Steve Anthony of Garfield County Vegetation (Exhibit P): 9 PC 10/22/08 KE Noxious Weeds • The applicant needs to inventory and map the property for county listed noxious weeds. A weed management inventory and plan for an adjacent property is not sufficient. • Diffuse knapweed is prevalent in this area and the potential for spread is high. We encourage the applicant to be on the lookout for this noxious weed when conducting the inventory. • All reported noxious weeds found on site shall be treated prior to construction activities, this includes salt cedar (tamarisk) and Russian olive located on site. Revegetation Plan The Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: A. Plant material list. B. Planting schedule. C. A map of the areas impacted by soil disturbances (outside of the building envelopes). D. A revegetation bond or security at Preliminary Plan and prior to Final Plat. Please provide the plant material list and planting schedule. Please provide a map or information, prior to final plat, that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. We require a security if the surface disturbance is greater than one half acre. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan. Soil Management Plan A Soil Plan to include: • Provisions for salvaging on-site topsoil. • A timetable for eliminating topsoil and/or aggregate piles. • A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. D. Wildlife Description of wildlife habitation, including big game ranges based on the snapping practices of the Colorado Division of Wildlife Staff Findings: The Wildlife Analysis prepared by West Water Engineering and dated September 2007 states that the 99% of the site had been recently bladed, therefore the report was based upon indirect evidence from adjacent, undisturbed land. Mitigation and Management Recommendations include the following: 10 PC 10122/08 KE Wildlife Mitigation and Management Recommendations Control noxious weeds. Regulated noxious weeds degrade wildlife habitat by replacing native vegetation. Control weeds to prevent site froin becoming invasive species seed bank. Minimize footprint of disturbance. Reduce to the minimum level possible all soil disturbing activities. Park construction vehicles on previously disturbed lands during construction to further reduce temporary disturbance. Re -seeding. Temporary and permanent disturbances are recommended to be re -seeded with native grasses. These treasures are described in an Integrated Vegetation and Noxious Weed Management Plan prepared for this site by WestWater. Best management practices such as the imprinting of unvegetated slopes toreduce n n Photo �¢� erely�erosion shuld be rimpr ntinted. ng �i hobulldo� r psoil on finished grade has been eroded as an besee tracks at right angle to slope would have prevented some loss of topsoil. Fence Removal. WiId] ire un -friendly fences are located adjacent to the site, particularly the old sheep fence on the north side which represents an entanglement danger along with the old telephone and telegraph wires hanging from abandoned poles. If possible, the old fence and wires should removed to reduce wildlife entanglement danger The Colorado Division of Wildlife provided response to the development (Exhibit M) As stated in the Wildlife Assessment and Miti • tion Plan, the proposed development area is has been recently bladed, and was previously occupied by heavily grazed saltbush shrubland recently dominated by greaswood and cheatgrass. Although the vegetation provides little forage value to wildlife, the location oldie proposed development and within migration Heavy particularly duingwinter months, can increase the number of roadilled deer,, ek and other wildlife species. The DOW recommends strict enforcement of speed limits to minimize negative impacts of traffic on migrating wildlife. zing activities The DOW also supports the recommendationmammalso remove all elk and deerfencing caneasily become cntangel d suach fences and and old. telephone lines. Large tnamrn including wires. lithe newly subdivided lots are to be fenced, the I)DW cautions that barbed wire fencing can be haz.ardous to wildlife, and recommends galvanized chain link fencing (6fi ft) to keep wildlife out. The DOW recommends minimizing soil disturbance to preventeevethe ad rlyof dif etd species. Noxious d if leftweeds seated degrade wildlife habitat by outcorrtpeting native plant species, include cheatgrass, halvgefan, field will continue to spread. Noxious weeds present on the Soong prol�t ie nodous ed ssahaloget best bindweed, knapwee d, bull thistle and salt cedar. . The -DOW supports management practices, and revegetation recommendations stated in the Integrated Vegetation and Noxious Weed Management Plan. E. Ilraina2e Plan Staff Findings: A drainage study was conducted for the Applicant by ZAQ Engineers, Ltd, and review of the Planning Engineer reviewed and found the documentation provided as sufficient. 11 PC 10/22/08 KE F. Utility Plan -General Staff Findings: Staff received no comment from the Planning Engineer on the Utility Plan G. Utility Plan- Potable Water Staff Findings: The Planning Engineer commented that the 100 gallons/day water usage (per lot) seemed low. Comment was also made regarding the treatment of the water. Jim Rada, Garfield County Environmental Health Manager commented (Exhibit I): o Although the proposal indicates that, in total, a maximum of 22 people will work in the offices, no information is included as to the total users of the water system. The nature of these facilities will likely involve a number of other employees and visitors that may utilize the potable water system. Therefore, a more solid estimate of water users is needed to determine if this water system will actually be classified as a public water system under the Colorado Primary Drinking Water Regulations. c If the water system falls under the CDPHE Regulations, CDPHE approval of the water system wilt be necessary before final plat approval. This will possibly include a more in depth water quality analysis. H. Utility Plan — ISUS Staff Findings: Jim Rada of Garfield County Environmental Health provided comment (Exhibit I): More information is needed as to the adequacy of soils for leach fields on the new lots. According to the test pit data, soils get progressively tighter (worse for ISDS) with depth. Data from one perc test hole in the upper horizon of soil indicates that water drained quickly. However, individual site layout may result in the need to install in the deeper, less permeable soils. TC Wait of the Colorado Geologic Survey responded to this issue with a recommendation (Exhibit L): Lot -specific septic investigations should be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineered systems may be required depending on percolation rates and seasonally shallow groundwater levels. L Fire Protection Staff Findings: Rob Ferguson, Deputy Fire Chief, Grand Valley Fire Protection District responded (Exhibit N): After looking over the Preliminary Plan and PUD Zone change we need to make sure that there is water storage an site at all times for fire suppression activities for Wildland and Structure fires at each location when future buildings are built. The road way labeled "Bud's Way" needs to meet IFC 2003 standards for Fire Apparatus access roads. The Cul de sac and road width are plenty large enough however it needs to meet the weight requirements for apparatus. If you have any questions regarding this review, I can be reached at the above listed phone number. 12 PC 10/22/08 KE No information was provided in the text or on the Preliminary Plan identifying any area or method of water storage for fire suppression. J. Roads / Access Plan Staff Findings: The Preliminary Plan identifies an internal road called Bud's Way which provides access to each of the lots. This road will be dedicated for the use of the public on the face of the final plat. The road has already constructed and no construction plans have been provided. At minimum, a grading permit should have been issued for construction of this road. A driveway permit had been issued by Road & Bridge pursuant to the Special Use Permit when access was first requested. The Fire Protection District had questions regarding the weight of fire apparatus on the roadway. The applicant has provided information that a loaded dump truck was proof rolled and no deflection of the roadway was observed. The applicants engineer stated that they believe that the roadway is adequate to support fire engines in accordance with IFC 2003. Other access issues were identified by Dan Roussin, Permit Manager with Colorado Department of Transportation. In an email Mr. Roussin provided the following: CDOT does have concerns about the Strong Subdivision traffic impacts as outlined in the June 4, 2008 Level 2 Traffic Study by Drexel Barrell & Co for County Road 300 (Una Road) at US 6. The development will cause a 20% traffic volume change and in accordance to the State Highway Access Code (2 CCR 601-1), an access permit shall be required for CR 300. The study indicates that safety improvements are needed at the intersection. I would also suggest that the County contact the railroad and PUC for their input on the railroad crossing impacts. This will be a challenging intersection (CR 300 and US 6). Please apply for the access permit for CR 300. The Access Code does allow the local government to transfer the responsibility for applying for the permit. The County may wish to do this in this situation by providing a delegation letter to another party. An email sent to Fred Jarman October 14, 2007 from Dan Roussin: Thank you for the opportunity to review the Una study completed by Kari McDowell, PE, Drexel, Barrell & Co (DB) dated September 14, 2007,.The development does not have direct access to state highway system. The access is off a county road (Stone Quarry Road, CR300) and they exit onto State Highway 6. The State Highway Access Code (2 CCR 601-1) states in Section 2.6 (3) if CR 300 intersection at SH 6 increases by 20% then an access permit is required. On this County Road, CDOT doesn't have an . access permit. 13 PC 10/22/08 KE Therefore, we typically use existing conditions and see if the proposed development increases by 20%. This is a unique condition, because CDOT has other historical traffic counts done by other developments that when through the County development process. 1 have two traffic studies that have historical data on this intersection. The first was done by Kimley-Horn dated May 27, 2007 for 5C Investment. It showed the pm peak hour at 108 vehicles for the south approach (CR 300). LSC Transportation Consultants did another traffic study dated February 1, 2007 for Frac Tech. it showed the pm peak hour at 84 vehicles for the south approach. The Drexel, Barrell & Co (DB). traffic study dated September 14, 2007 stated pm peak hour of 119 for CR 300. What is interesting, all three reports measured the intersection within a year. LSC report counted traffic on September 2006, and DB report counted traffic on August 30, 2007. As you can see traffic has increase by 35 vehicles in the pm peak hour. The Una Development would increase by an additional 15 vehicles in the pm peak period. Therefore, there would be an increase of 60% in the last year with other development and proposed developments. Therefore, the County will need to apply for an access permit for CR 300 due to the 20% change at the intersection on SH 6. The DB report states that a !eft turn deceleration lane is required and a right turn deceleration lane is required for this intersection. However, the report didn't take in account the large truck traffic using this CR300. After the report adjusts the traffic to take account the heavy truck volume, it may also need some acceleration lanes. This will need to be examined by DB report. In accordance with the Access Code, Section 2.6(6) states "Vehicular use and operation of local roads where they connect to (access) a state highway is the responsibility of the appropriate local authority". In this case, this would be Garfield County. I do understand the County has a tremendous burden on their roadway system; however, these improvement would provide safety improvements on a 50 mph roadway. This roadway improvements are needed for safety of the traveling public. The Code does allow the County to fund the improvements from other primary users of the access or as off-site subdivision developments. I believe this will take some monumental effort to bring CR300 up to standard of the Access Code. However, County and development need to take the first steps towards making these safety improvements. If you have any additional questions, please let me know. 9.2 ftr I,Ulifflon of _f230Ord US5.]NIX N.! •nom no, O H9omfy 5. Nofk49N to* F 9or0b Vw nfl*• of CR ]Un N. Vt Sfl ,1 n$or eW �qrc Wen mm SKF Photos provided by Dan R©ussin 14 PC 10/22/08 KE The applicant should be required by the Board of County Commissioners to apply for a State Highway Access Permit in order to determine what improvements may be required, and then to determine a potential funding mechanism (with various users contributing to the improvements). K. Easements Staff Findings The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to an Owners Association or to the entity to which they are dedicated. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the Final Flat. These easements shall include, but are not limited to all water and water distribution easements, drainage easements, storm - water drainage easements, all internal roads (which will be dedicated to the public on the face of the final plat) and any access, maintenance easements that need to be provided for the common open space. Utility easements shall be dedicated to the entity responsible for the utility. L. Assessments / Development Impact Fees Staff Findings No development or assessment fees are associated with this proposal. M. Recommended Plat Notes / Covenants a. The Colorado Geologic Survey has recommended several plat notes to avoid potential geologic concerns during construction of the infrastructure as well as the construction of the individual homes. These plat notes should be required to alleviate concerns regarding the soils. b. County Vegetation has requested additional information, particularly a noxious weed inventory of the site as well as a weed management plan, a revegetation plan and a soil management plan. c. The Colorado Division of Wildlife has itemized their recommendations which are critical to minimize and mitigate conflict with, and impact to the wildlife in the vicinity of the project. Specific safeguards regarding bears and big game should be adhered to and made a part of the approval. d. The Fire Protection District has also made recommendations regarding safety issues which should be incorporated into the plan. e. Road and Bridge comments regarding traffic control issues and weight limitations shall be addressed by the applicant at Final Plat. VII. RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for 15 PC 10/22/08 KE the hearings before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete; that all pertinent facts, matters and issues were submitted; and that all interested parties were heard at the hearing, 3. That the application is in compliance with the Comprehensive Plan of 2000; the Garfield County Subdivision Regulations of 1984, as amended; and the Garfield County Zoning Resolution of 1978, as amended. 4. That the proposed preliminary plan is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County upon submittal of additional information as required by the Garfield County Subdivision Regulations of 1978, as amended. VIII. STAFF RECOMENDATION Staff recommends the Planning Commission recommend APPROVAL of a "Preliminary Plan" to the Board of County Commissioners incorporating staff findings and conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. No activity, other than that approved by the Resolution 2007-117, may occur on the parcel until such time as a final plat and related Subdivision Improvements Agreement is approved by Garfield County and recorded with the Clerk and Recorder. 3. The Preliminary Plan for the Strong Subdivision shall be valid for a period not to exceed one year from approval. 4. Declaration of Protective Covenants must be provided, consistent with documentation provided and revised per staff comments, referenced on and recorded with the Final Plat for the development. S. The Applicant shall apply to the State of Colorado, CDPHE Water Quality Control Division for a public water supply for the site and meet all of the required standards of such. The approval of the public water supply shall be provided prior to Final Plat approval. 6. The Applicant shall delineate and legally describe all easements on the final plat and convey all easements to the Owner Association or to the responsible entity. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm -water drainage easements, open space, and all internal roads (which will be dedicated to the public on the face of the final plat) required as apart of this development. 16 PC 10/22/08 KE 7. Plat notes regarding geologic constraints shall be placed on the final plat in conformance with those recommended by Colorado Geologic Survey in Exhibit L. 8. The Colorado Division of Wildlife recommendations (Exhibit M) shall be considered conditions of approval of the Preliminary Plan. 9. The applicant must provide requested information and comply with recommendations from Garfield County Vegetation as outlined in Exhibit P. 10. At final plat the applicant shall submit information regarding water storage for fire suppression as recommended by the Fire Protection District. 11. The final plat application shall include information compliant with Garfield County Road and Bridge recommendations regarding signage on CR 300 and that signage shall be included in the Subdivision Improvements Agreement at Final Plat. Further the County Attorney's Office shall provide language in the SIA requiring necessary funding, should it become necessary, for improvements or repairs to CR 300 as stated in Road and Bridge comments (Exhibit H). 12. The applicant must obtain a State Highway Access Permit for the intersection of State Highway 6 and County Road 300. Upon adoption of this condition the Board of County Commissioners shall assign the applicant as designee to apply on behalf of Garfield County. 13. The applicant shall include the following plat notes on the Final Plat: a. 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. b. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. 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 17 PC 10/22/08 KE 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. d. 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. e. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 18 1111 L Ricci 1 i llitIVIChkM i tle dill 11111 EXHIBIT Reception#: 7485341 G.' 05/1572008 02:13:49 PM Jean Rlberico 1 of 1 Rec Fee:SO.00 Dot Fee:0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT for George Strong A Tract of Land situated in SW 1/, SW 14, T7S, R96W, 6th P.M. Parcel Number: 240927300002 pursuant to the provisions of the Garfield County Zoning Resolution. In accordance with and �1 of the of County of 1978, as amended, and Resolution No. 2007 - l� y authorizes, Board Special Use Commissioners of Garfield County, State of Colorado, hereby Permit, the following activity: A Contractors Yard The Special Use Permit is issued subject to the candinsset forth in the with such conditions and other resolution, and shall be valid only during compliance applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. A'1"1 EST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO C koftheBoard eception#: 737671 i i2O120O7 12:56:22 PM Jean Alberico 1 of 4 Rec Fee:SO.0 Doc Fee:0.00 GARFIELD COUNTY CO 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 Courthouse, in Glenwood Springs on, Monday, thel5th day of October A.D. 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 (Absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 7-1 17 A RESOLUTION CONCERNED WITH THE APPROVAL OF ASPECIAL SE PERMIT TO ALLOW A CONTRACTORS YARD WITHIN THE AGRICULTU RAL RESIDENTAL RURAL DENSITY ZONE STRONG ON A PROPERTY OWNED BY GEORGE PARCEL NO# 240927300002 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from George Strong for a Special Use Permit ("SUP") to allow a Contractors Yard on the subject property within the Agricultural Residential Rural Density Zone District; and WHEREAS, the Board held a public hearing on the 15th day of October, 2007 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 11111 LI tai' V,141,,t#'47.1116 tV*!`,Ci 111 Reception#: 737571 11/20/2007 12;56 22 PM .lean Rlberico 2 of 4 Reo Fee :$0.00 Doo Fee 0.00 GFRFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners; 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. For the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. A Level II Traffic Analysis prepared by Drexel, Barrell & Co. demonstrates that traffic generated by the proposed use will not exceed the identified 20% threshold at the intersection of County Road 300 and State Highway 6 & 24; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit to allow deviation from the identified maximum height requirement within the Drinking Water Constraint Zone on a property owned by Union Pacific Railroad Company is hereby approved subject to compliance with all of the following specific conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Pemnit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall be provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 6. All areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 7. The applicant shall provide 2,500 gallons of water storage on-site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 8. Materials and wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or force; 9. A professional engineer shall design the ISDS for this use. A written statement sealed by 2 1111 MANN AI* 144i 4 i 141 4 Reception#: 737E71 11/20/2347 12:56:22 PM Jean Rlberico 3 of 4 Rec Fee:$0.00Doc Fee:0.00 GARFIELD COUNTY CO the consulting engineer regarding the adequacy of the proposed system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS; 10. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 11. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 12. A Certificate of Occupancy for the proposed structure shall not be issued until the Chairman of the Board has signed the Special Use Permit; 13. All storage of Heavy Equipment shall be conducted within the proposed storage building; Dated this ; cl day of `11 c YF , A.D. 2007 1'x'1 C ik of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO apP Or Upon motion duly made and seconded the forego) following vote: Chairm COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT on was ado e `d by the Aye Aye Aye 3 '?ecep#. is n# : 737671 11/20/2007 12:56:22 PM Jean F,Sberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield 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. T WTFNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 4 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT Date Sent: August 27, 2008 Comments Due: September 17, 2008 Name of application: Strong Subdivision Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. The driveway access to this location has been permitted and build to the specifications of Garfield County Road & Bridge Department. The driveway access permit requirement will be exempted for this application and future building applications on this site. The traffic study submitted will be accepted showing Cr. 300 will handle the added traffic load for this application_ There is the possibility that at some time in the future the owners or currents users of the property would be ask to assist financially in road repairs or improvements to Cr. 300. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date September 2, 2008 Revised 3/30/00 Kathy A. Eastley From: Jim Rada Sent: Tuesday, September 09, 2008 4:07 PM To: Kathy A. Eastley Subject: Strong Subdivision PUD Attachments: Jim Rada (jrada@garfield-county.comj.vcf Kathy, EXHIBIT Here are my comments on this proposal. o The site plan indicates 2 wells on the property but only one well permit is included in the packet. Information is needed as to the ownership and use of the second well. If the second well is not used, I believe that DWR requires proper abandonment within a certain amount of time. o Although the proposal indicates that, in total, a maximum of 22 people will work in the offices, no information is included as to the total users of the water system. The nature of these facilities will likely involve a number of other employees and visitors that may utilize the potable water system. Therefore, a more solid estimate of water users is needed to determine if this water system will actually be classified as a public water system under the Colorado Primary Drinking Water Regulations. o If the water system falls under the CDPHE Regulations, CDPHE approval of the water system will be necessary before final plat approval. This will possibly include a more in depth water quality analysis. o More information is needed as to the adequacy of soils for leach fields on the new lots. According to the test pit data, soils get progressively tighter (worse for ISDS) with depth. Data from one pero test hole in the upper horizon of soil indicates that water drained quickly. However, individual site layout may result in the need to install in the deeper, less permeable soils. o 1 assume that the plan is to sell these lots to separate, distinct owners, but should any of the adjacent lots fall under common ownership, WQCD Policy 6 would apply in terms of needed separation of leach fields to avoid increased setbacks to the water supply well_ o The EnCana Orchard Compressor station to the east of this site was subject to strict noise enforcement a year or so ago_ The sound study testing for this proposal was conducted on the opposite (west) end of the property from the compressor station. The applicant indicates that the proposed use of this property currently falls under the sound levels set for Residential Zoning. This was also the standard that was used by COGCC for the Compressor Station enforcement issue. However, these buildings will be industrial in nature therefore the County may want to clarify which maximum permissible noise levels apply to this property and encourage additional sound study be done to gather some baseline sound data in the event that noise from the compressor station becomes an issue with nearby offices in the future. Thanks for the opportunity to participate in this review_ Please feel free to contact me if you have questions. Jim Kava, KUI5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada©garfield•county.com Web www.garlield-county.com 9/17/2008 Kathy A. Eastley From: John. Niewoehner Sent: Wednesday, August 27, 2008 4:49 PM To: Kathy A. Eastley Subject: Strong PUD - Planning Engineering Review EXHIBIT J Kathy - - I have reviewed the Strong PUD documents and have the following comments: 1. ROADS — no issues. Internal road is a long dead end road (>600') but the cul-de-sac is large enough for large trucks to tum around. 2. TRAFFIC STUDY: Per the State's highway access requirements, the current traffic volume at the intersection of Highway US 6124 and CR 300 requires deceleration and turn lanes. The proposed PUD will further increase traffic at peak hours by approximately 23%. The Roads and Bridge Department should determine how to address this issue. The traffic study reports that CDOT is expecting Garfield County to submit an access permit application. (Is the PUD required to pay road impact fees?) 3. GRADING — no issues 4. WATER SUPPLY AND SEPTIC — No significant issues but I have made the following observations: (1) They are reporting that very little water (100 gallon/day) will be used by each lot This is enough for a half dozen toilet flushes and certainly not enough water for washing vehicles. (ii) The well water is high in sodium and hardness. The recommended water treatment system (ion exchange) removes the hardness but further increases the sodium concentration. 5. FIRE — No issues. The fire district may comment on the lack of onsite water for fire fighting. 6. DRAINAGE — No issues. 7. GRADING PERMIT — The developer will need to obtain a Grading Permit before constructing the internal road. Andy and I recommend that a Minor Grading Permit is sufficient and that the County can waive the reclamation financial security. We'll see if Steve Anthony agrees_ -John, NLtwoe ler 9/17/2008 DEPARTMENT OF NATURAL RESOURCES EXHIBIT DIVISION OF WATER RESOURCES EirJV SEP 1 GARFicL..) .Jv.._ , September 8, 2008 BUILDING & PLANNING Kathy Eastley Garfield County Building and Planning 108 8th St Ste 201 Glenwood Springs CO 81601 Re: Strong Subdivision Preliminary Plan Sec. 27, T7S, R96W, 6TH PM W. Division 5, W. District 70 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Dear Ms. Eastley: We have reviewed the information regarding the above referenced proposal to subdivide a tract of lard of 17.57 acres into five commercial lots or parcels, which under existing Planned Unit Development zoning can be used for a variety of uses. The applicant proposes to supply water to each parcel with a single individual well and to augment diversions from this well through a contract with the West Divide Water Conservancy District. Sewage disposal is to be through individual septic systems. The submittal included a copy of the PUD report that provided a general description of the proposed development, a traffic report, water supply information with applicable permit, a sound study report, a storm water management plan, wildlife assessment and mitigation plan, a vegetation and noxious weed management plan, a geotechnical investigation by Huddleston -Berry Engineering and Testing, LLC and finally, a engineering, individual sewage disposal systems and drainage plan by ZAO Engineering. In additional. a copy of the approved West Divide Water Conservancy District (the District) Water Allotment Contract No. 070322SL(a) was provided. The applicant has provided information indicating that one well exists on parcel #3 and has provided the associated permit (Permit No. 66544-F). According to our records, this well permit was replaced for an expansion of use and a new well permit (no. 67484-F) was issued. Under this and other prior permits, a well was constructed on March 28, 1997. In addition, a new well has been proposed for parcel #1 according to the preliminary plan. The existing well is permitted for fire protection, six(6) office units, five (5) warehouse units, and the irrigation of not more than 5,000 square feet (0.11 of an acre) of garden, lawns and landscaping. The permit is valid for the existing well and could be used to serve all five parcels or lots. Office of the State Engineer 1313 Sherman Street, Suite 878 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Kathy Eastley Strong PUD Subdivision No information was provided concerning the physical adequacy of the water supply. As stated in CRS 30-28-133(3)(d), the subdivider is required to submit "Adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed." Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. A report of this nature was not provided. Pursuant to CRS 30-28-135(1}(h)(II), it is our opinion that the proposed water supply will not cause injury to existing water rights so long as the District operates according to the terms and conditions of its current plan for augmentation and the applicant maintains its contract with the District. However, due to a lack of information we are unable to comment on the physical adequacy of the water supply. if you or the applicant has any questions concerning this matter, please contact me for assistance. Sincerely, September 8, 2008 Mark J. Vanelli, PhD, PE, PG,, BCEE Water Resources Engineer cc: Alan Martellaro, Division Engineer David W. Berry, Water Commissioner, District 70 COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 September 10, 2008 Ms. Kathy Eastley Garfield County Planning Department 108th St, Suite 401 Glenwood Springs, CO 81601 'RECEIVED SEP 1 2 2008 EXHIBIT STATE OF COL1 � J COLORADO Legal: SW 1 SW 1/4 of S27 T7S, R96W GARHb .D COUNTY BUILDING & PLANNING Re: Strong Subdivision — Preliminary Plan & PUD Zone Change CGS Review No. GA -09.0002 DEPARTMENT OF NATURAL RESOURCES Bili Ritter, Jr. Governor Harris D. Sherman Executive Director Vincent Matthews Division Director and State Geologist Dear Ms. Eastley; In response to your request, and in accordance with Senate Bill 35 (1972), the CGS has preformed a technical review concerning geologic hazards for the above mentioned proposed development. The site consists of approximately 17.57 acres that will be developed to include 5 commercial and light industrial lots. An existing structure is located on proposed parcel 1. It is the understanding of CGS that the lots will have individual wells and septic systems. Included in the review package were the subdivision documentation, drainage plan (7/1/08) by ZAO Engineering, preliminary plan (2125108) by Bookciiff Survey Services, and geotechnical investigation (7/25/06) by Huddleston -Berry. The site is located in the Colorado River valley north of the Colorado River. A gravel operation is located south of the site and the highway and railroad alignments are north of the site. Topography is relatively flat to gently sloping south towards the Colorado River. Although there is no regulatory flood plain mapped for this area, portions of the site sit within the physiographic flood plain of the Colorado River and may be at risk for future flooding. The drainage plan indicates that a 30 foot sediment pond easement will be located in the southeast corner, discharging to an off-site existing drainage ditch that flows east to the Colorado River. No groundwater was encountered within 7.5 feet of the ground surface in the test pits; however, groundwater levels likely fluctuate seasonally and may form shallow water tables. Shallow groundwater presents seasonal flooding risk for subsurface structures and septic systems, and also affects the frost depth for foundation construction. The primary geologic deposits are alluvial terrace and alluvial fan deposits of silty clays, sand, and gravel. The site has been mapped as having good potential for being an aggregate resource (CGS Open File Report 02-12, 2002), Geotechnical samples from the test pits indicate the soils have some collapse potential, which is consistent with the statewide collapsible soils mapping done by CGS (CGS Engineering Geology Bulletin 14, 2008). The soils have a moderate erosion potential. Percolation rates reported by HB ranged from 56-320 min/in. The geologic conditions that may affect the proposed development at this site include flooding, loose and collapsible soils, seasonally shallow groundwater, and erosion. CGS offers the following suggestions to the County to incorporate into the development plan prior to approval. 1) The aggregate mineral resources at this site may be of future value, and should be addressed. 2) The site may be at risk for future flooding from the Colorado River. It may be prudent to conduct a flooding evaluation for this site to determine flood elevations and if mitigation is necessary. 3) Lot --specific subsurface foundation investigations and geotechnical testing should be done prior to building to identify specific subsurface, conditions that may affect development (collapsible soils, depth to groundwater, etc.). 4) Lot -specific septic investigations should be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineered systems may be required depending on percolation rates and seasonally shallow groundwater levels. 5) Proper foundation and utility drainage should be established for all subsurface elements within 3 feet of seasonal high groundwater elevations, and positive drainage should be provided around structures to prevent water from infiltrating soils near foundations. Downspouts should be directed away from foundations. 6) Establish an erosion control plan using best management practices prior to any site development to control erosion and prevent sediment transport. 7) The HB report makes several recommendations that should be followed, including using sulfate - resistant cement for construction and that shallow foundations be placed on a minimum of 30 inches of structural fill and flatwork be placed on a minimum of 12 inches of structural fill, The fill should extend a distance equal to the thickness of the fill (le minimum of 30 inches) beyond the lateral edges of the foundations. If you have any further questions regarding this site, please feel free to contact me at (303) 866-3518. TC Wait Engineering Geologist Cc: File STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 60216 Telephone: (303) 297-1192 wildlife. state.co. us RECEV .s SEP 1 1 ,,tiid GARFIELD GOUlx' Y BUILDING & PLANKING Kathy Eastley Garfield County Building and Planning Department 108 8tih Street, Suite 401 Glenwood Springs, CO 81601 RE: Strong Subdivision proposed zone change from ARRD to PUD OF`' For 1Gildlife- For People EXHIBIT September 5, 2008 Dear Kathy: Thank you for the opportunity to review and comment on the proposed zone change and PUD preliminary plan to allow for a semi -industrial subdivision of the 17.57 acre property into 5 lots. The property is bordered by EnCana on the south and east, and by the 1-70 frontage road to the northwest. The intended use of the Strong Subdivision is for storage of oil and gas drilling supplies, equipment, and related materials for natural resource exploration. Neighboring properties are currently used for industrial purposes. The Division of Wildlife (DOW) has reviewed the Wildlife Assessment and Mitigation Plan and Integrated Vegetation and Noxious Weed Management Plan, and would like to offer the following comments. As stated in the Wildlife Assessment and Mitigation Plan, the proposed development area is has been recently bladed, and was previously occupied by heavily grazed saltbush shrubiand recently dominated by greaswood and cheatgrass. Although the vegetation provides little forage value to wildlife, the location of the proposed development and associated roads lie within winter migration areas for mule deer and elk. Heavy traffic, particularly during winter months, can increase the number of roadkilled deer, elk and other wildlife species. The DOW recommends strict enforcement of speed limits to minimize negative impacts of traffic on migrating wildlife. The DOW also supports the recommendation to remove all fencing and wires from previous grazing activities and old telephone lines. Large mammals including elk and deer can easily become entangeled in such fences and wires. If the newly subdivided lots are to be fenced, the DOW cautions that barbed wire fencing can be hazardous to wildlife, and recommends galvanized chain link fencing (6+ ft) to keep wildlife out. The DOW recommends minimizing soil disturbance to prevent the spread of weed species. Noxious weeds degrade wildlife habitat by outcompeting native plant species, particularly in disturbed areas, and if left untreated will continue to spread. Noxious weeds present on the Strong property include cheatgrass, halogeton, field bindweed, knapweed, bull thistle and salt cedar. The DOW supports the noxious weed treatments, best management practices, and revegetation recommendations stated in the Integrated Vegetation and Noxious Weed Management Plan. DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair ■ Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Harris Sherman and John Stulp The DOW finds no other significant impacts to wildlife regarding the Strong Subdivision, and appreciates the opportunity to comment on projects such as these. Please contact District Wildlife Manager E]issa Knox by phone at 970-255-6156 if you need further information. ` 7I Romatzke Acting Area Wildlife Manager cc: Ron Velarde, Northwest Regional Manager 1T Romatke, Acting Area Wildlife Manager Elissa Knox, District Wildlife Manager Brad Petch, Senior Habitat Biologist File VAL fj,� .o GRAND VALLEY FIRE PROTECTION DISTRI 1 777 S. BATTLEMENT PARKWAY, PO BOX 295 PARACHUTE, CO 81635 PHONE: 285-9119, FAX (970) 285-9748 September 17, 2008 Kathy Eastley Garfield County Planning and Building Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Strong Subdivision Ms. Eastley, After looking over the Preliminary Plan and PUD Zone change we need to make sure that there is water storage on site at all times for fire suppression activities for Wildland and Structure fires at each location when future buildings are built. The road way labeled "Bud's Way" needs to meet IFC 2003 standards for Fire Apparatus access roads. The Cul de sac and road width are plenty large enough however it needs to meet the weight requirements for apparatus. If you have any questions regarding this review, 1 can be reached at the above listed phone number. Rob Ferguson Deputy Fire Chief — Operations Cc: Chief Blair File Kathy A. Eastley From: Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US] Sent: Tuesday, September 02, 2008 1:29 PM To: Kathy A. Eastley Cc: Fred Jarman; Babler, Alisa; Mertes, Pete Subject: Strong Subdivision and PtJD Kathy - CDOT does have concerns about the Strong Subdivision traffic impacts as outlined in the June 4, 2008 Level 2 Traffic Study by Drexel , Barred & Co for County Road 300 (Una Road) at US 6. The development will cause a 20% traffic volume change and in accordance to the State Highway Access Code (2 CCR 601-1), an access permit shall be required for CR 300. The study indicates that safety improvements are needed at the intersection. I would also suggest that the County contact the railroad and PUG for their input on the railroad crossing impacts. This will be a challenging intersection (CR 300 and US 6). Please apply for the access permit for CR 300. The Access Code does allow the local government to transfer the responsibility for applying for the permit. The County may wish to do this in this situation by providing a delegation letter to another party. EXHIBIT I 0 If you have any questions, please !et me know. Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th, Suite 100 Grand Junction, Co 81501 970-683-6284 970-683-6290 FAX 9/17/2008 MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Strong Subdivision Date: September 17, 2008 EXHIBIT s p Thanks for the opportunity to comment on this permit It is requested that the applicant address the following: Noxious Weeds • The applicant has provided a noxious weed inventory. • Staffrequests that the applicant treat the inventoried tamarisk trees prior to the start of any construction activities and that they please forward treatment records to this office once the work is complete. Revegetatio • A revegetation plan has been provided. • The applicant needs to quantify the amount of surface disturbance for all disturbances related to road cuts and utility easements. A security amount may be required if the amount of disturbance exceeds half an acre. Soil Management Plan A Soil Plan to include: • Provisions for salvaging on-site topsoil. • A timetable for eliminating topsoil and/or aggregate piles_ • A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GEORGE P STRONG PO BOX 808 SILT, CO 81652 - EXST WELL PERMIT NUMBER 67484 DIV. 5 WD 39 DES. BASIN -F MD (970) 379-3265 CHANGE/EXPANSION OF USE OF AN EXISTING WEU APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SW 114 Section 27 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 90 Ft from South Section Line 1100 Ft from West Section Line UTM COOK - rs,2one:13,NAD83) Eastinq, Nr7rFhinn• ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an apprxnred plan for augmentation. WDWCD contract #070322SL(a) (amended). 4) Approved for the use of, an existing well, constructed on March 28, 1997, to a depth of 35 feet under permit no. 201120 (canceled) and later permitted for an expansion of use witty a pump being installed November 7, 2007, under permit no_ 66018-F (canceled) and later permitted for an expansion of use under permit no. 66544-F (canceled). Issuance of this permit hereby cancels pemiit no. 66544F. 5) The use of ground water from this welt is limited to fire protection, six (6) office units, five (5) warehouse units, the irrigation of not more than 5,000 square feet (0.11 of an acre) of gardens, lawns and landscaping. All use of this well wilt be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Strong Well. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 2.89 acre-foot (941,706 gallons). 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings- 9) This well shall be located not more than 200 feet room the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant_ 10) A totalizing flow meter must be installed on this well and maintained in good working order_ Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit nos. 201120, 66018-F and 66544-F were previously issued for this well at this location. IL- NOTE: Parcel Identification Number (PIN): 23-2409-2273-40-042 NOTE: Assessor Tax Schedule Number R460074 APPROVED DMW State Engineer Receipt No. 9503067 DATE ISSUED 08-29-2008 34, B EXPIRATION DATF September 19, 2008 Eric McCafferty Compass Mountain Land Use P.O. Box 86 Glenwood Springs, CO 81602 Garfield Coun BUILDING & PLANNING DEPARTMENT VIA EMAIL Reference: Strong PUD Zone District Amendment and PUD Preliminary Plan Dear Eric, Staff has completed their review of your development proposal for the Strong property located southeast of Parachute on CR 300. After receiving all of the referral comments and completing a review of the project, staff cannot support the applications as submitted. In concept we are still supportive of the development, however we feel that the information provided at this stage is inadequate for a positive finding. If greater detail were provided, based upon the zoning and subdivision regulations, including more defined uses, further discussion regarding the potential for multiple leasehold interests in each parcel, traffic and access issues, ownership and maintenance issues with the water supply system and performance standards for the semi -industrial uses, we feel that this project could move forward with positive finding. The staff report for the Planning Cornmission will be completed on October 2, 2008 and will itemize all of the deficiencies pursuant to the zoning and subdivision regulations. If you would like to meet to further discuss these issues, please let me know and we could schedule a meeting for early next week. Cc: Deb Quinn via email 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 September 24, 2008 Eric McCafferty Compass Mountain Land Use P.O. Box 86 Glenwood Springs, CO 81602 Garfield Cou BUILDING & PLANNING DEPARTMENT VIA EMAIL Reference: Strong PUD Zone District Amendment and PUD Preliminary Plan Dear Eric, Staff has completed their review of your development proposal for the Strong property located southeast of Parachute on CR 300. After receiving all of the referral comments and completing a review of the project, staffcannot support the applications as submitted. In concept we are still supportive of the development, however we feel that the information provided at this stage is inadequate for a positive finding. If greater detail were provided, based upon the zoning and subdivision regulations, including more defined performance standards and updated plans to reflect your requested uses, we feel that this project could move forward with positive findings. I have itemized the critical issues below and am willing to meet with you to work through these issues. PUD GUIDE This Guide becomes the official zoning for this property and therefore should be all- inclusive; since the proposed uses are semi -industrial the inclusion of adequate performance standards is critical. Staff recommends refinement of and additions to the document as follows: The use of the definitions and terms from the Zoning Resolution is a good start in identifying proposed uses for the PUD. However, several issues: 1. The County more fully defines these uses through the SUP process and Staff fully expected that the PUD would utilize better defined descriptors for uses proposed to occur on the site so that potential impacts could be identified at this stage of the review process. The all-encompassing terms you utilize give the development maximum flexibility while leaving having little to no review as that review certainly cannot be accomplished with the information provided. This was not the intent when consideration of a PUD was recommended for the development. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 2. Many of the reports contained within the application were completed for the Special Use Permit issued to Mr. Strong for a Contractor Yard or specify uses limited to storage of equipment and materials related to the oil and gas industry. Those reports evaluate either the one site approved through the SUP or it does not comprehensively identify all of the uses which you PUD would allow. The intent of this review and the use of PUD zoning is to provide comprehensive information regarding the proposed uses and mitigation of the impacts associated with those uses on the five lots. Those overall impacts must be evaluated/mitigated prior to the approval of the zoning to allow the uses. 3. The reiteration of the Industrial Standards as contained in the Zoning Resolution does not meet the intent of review and provision of mitigation for each of those items. What is the purpose of those standards being in the Guide and who will review them? Simply stating them in the Guide does not ensure that they will occur. The County will not have opportunity to assure compliance — except through the provision of fully identified standards which will apply to all of the lots. 4. Will the road be paved? No information was provided. In addition, the drainage plan identifies the road at a 2.9% slope which may result in sheet flow of water to off-site areas (since there are no road plan/profiles, surface material information, etc.) Hours of Operation — there are certain uses that should be limited due to noise impacts. Hours of outdoor repair and maintenance should also be added into the Guide. The SUP issued to George Strong has conditions of approval that should be applied to this PUD. Example: > Engineer designed septic systems; ➢ Storage of Heavy Equipment shall be conducted within the proposed storage building; Include a map of the proposed PUD Guide as this greatly aids in issuance of subsequent permits for the site. ZONING ISSUES > There appears to be no restriction on mobile trailer offices on the site, rather than permanent structures for the uses. This is just one example of the lack of standards contained within the Guide. DOW Height for fencing differs from what is proposed in the development • Hazardous/flammable materials have not been adequately addressed, what materials can be stored on the site — unlimited? A How will non -useable materials be restricted so as to prevent this site from becoming a landfill? • llourslscreening for outside repair appear to be inadequately addressed • Coverage (lot or impervious?) of outdoor use appears to be lot line to line, are there no limitations proposed? No information has been provided regarding an Owner's Association — covenants and restrictions for the development as well as entity responsible for maintenance of the roadway and water supply system. > Delineation of outdoor storage area / better defined outdoor uses with some proposed mitigation > Are sales proposed to occur on any of these sites? What is the commercial aspect of the development? (The application states a commercial/industrial development) Traffic Traffic Study is based upon equipment storage for oil and gas industry which is listed as a by -right use (#6), however the PUD allows additional uses which were not contemplated in that Study. Those uses include by -right processing, material handling, materials lab and testing. Further, the Guide allows for more than one leasehold interest in individual lots which would permit one lot to contain more than one business and therefore increase the traffic as shown in the Study. The traffic study is not consistent with what is proposed to be allowed within the PUD. Based upon an email from Dan Roussin, CDOT, a State Highway Access Permit (SNAP) will be required based upon the 20% increase from this development, which could in fact increase dramatically if each of the five lots would be included in the study and if each of those lots are approved for multiple leasehold interest. This issue alone is ground for staff to recommend denial. Staff will further discuss this issue with both the Planning Commission and the BOCC during the hearing process. At minimum, the SHAD would be a recommended staff condition if staff made a recommendation of approval. The traffic study also identified the possibility of queuing backing up to, and over, the railroad tracks. A sign should be placed as warning to drivers not to stop on the RR tracks. Water Supply System The water plan, permits and augmentation, provided information for 5 lots, however the uses identified may be inconsistent with those requested. The PUD allows for more varied uses by -right than identified in the Addendum to Amendment Application West Divide Water Conservancy District. Preliminary plan applications are required to provide information regarding creation of the entity to build and maintain the water supply system as well as the ownership of that system. Typically this stage of the review process identifies the manner in which the water will be distributed to each lot, not just easement as shown on the plan. The submittal and review of the water distribution system is required. Inadequate information has been provided regarding the adequacy of the water for consumption as the proposed treatment (ionization) does not provide that information. See letters from Jim Rada, Garfield County Environmental Health and Division of Water Resources regarding statutory requirements. Additional questions have been raised regarding the adequacy of the amount of water that is proposed based upon the uses that can potentially occur within the development (again, the multiple leasehold interests in the parcels raises this question). Once again, this issue alone is sufficient ground for recommendation of denial. Sound Study The Sound Study, prepared by Wagon Wheel Consulting and dated June 14, 2007, does not include the five lots but only the information related to the Special Use Permit for Contractor's Yard issued to Mr. Strong via Resolution 2007-117. This does not adequately reflect the combined noise from five lots on the site, nor does it show mitigation to allow for compliance with State standards. Stormwater Management Plan/Erosion Plan This plan identifies the use of the site as storage for the oil and gas industry yet the proposed PUD allows for many other uses to occur on the site. The plan identifies numerous sources of pollution such as sediment from improved dirt roadways, storm water pollutants from petroleum products, debris form material lay down areas and compressed gasses used in welding and chemicals used for drilling. Erosion control devices and BMP's are identified in the SWMP but are not shown on the Drainage Plan, these include but are not limited to silt fencing or straw bale check dams, culverts or ditch details or other road drainage reliefs. Details regarding how the water will be transported to the sediment pond are not provided. Details regarding Road Drainage Relief are not provided. Section 4.2.2 of the SWMP states that Petroleum Products, gasoline, diesel fuel, lubricants, hydraulic fluid, and used oils and solvents will be kept in portable containers with secondary contained and placed in designated storage areas. However these areas are not shown on the plan. Wildlife Assessment Wildlife use and value of the site is low. Weed control, minimizing soil disturbance, and removal of wildlife un -friendly fencing are all recommended. These recommendations do not appear to have been incorporated into the development plan. Further the Division of Wildlife responded to the development proposal , and agrees with the WestWater assessment. The PUD should include restrictions on the types of fencing that may be permitted in the development in addition to the height restriction currently in the Guide. As well, the removal of the existing fencing should occur. Vegetation Plan Again, this plan was completed for a contractor yard but the plan also includes the entire property. Steve Anthony, Garfield County Vegetation Management, has responded that the applicant needs to provide quantification of surface disturbance related to road and utility construction. Security will be required for revegetation if the amount of disturbance exceed '/z acre. Additionally, a Soil Management Plan is required. Geology CGS responded to the application with seven recommendations including conducting a flood evaluation for the site, lot specific geotechnical testing, and establishment of erosion control plan. These recommendations should be included in the plan and some should be included in the PUD Guide. Sanitation Additional testing is required in order to determine the sufficiency of the site to support ISDS on each lot, This letter does not include the review of the Comprehensive Plan Goals and Objectives for industrial Uses. That information, as well as all of the above will be contained in the staff report to the Planning Commission. My letter of last week made an offer to meet to discuss these issues as staff we are still of the opinion that this could be a viable project if additional information is provided. Once again I welcome any discussion on these issues. Deb Quinn Kathy A. Eastley From: compass@sapris.net Sent: Wednesday, September 24, 2008 3:20 PM To: Kathy A. Eastley Cc: George Strong: Walter Brown Subject: Re: Strong ZDA and PUD Preliminary Plan 1-{i Kathy - Thank you for the detailed, follow-up letter describing what you consider to be deficiencies in the application. The vast majority of the issues you detail in the letter are, in my opinion, technical completeness issues that should have been noted by staff prior to getting this far along, which staff should have requested more information on prior to determining the application technically copmplete. Other issues are, in my opinion, either phantom matters, or matters where the county has no authority. l will endeavor to address these matters in the time allotted. Eric McCafferty 970.618.0837 — keastley@garfieid-county.corn wrote: From: "Kathy A. Eastley" <keastley@garfleld-county.com> To: "'Compass Mountain Land Use, LLC" <compass@sopris.net> Cc: "Fred Jarman" <fredjarman@gafield-county.com>, "Deborah Quinn" <dquinn a�-7garfield-county.com> Subject: Strong ZDA and PUD Preliminary Plan Date: Wed, 24 Sep 2008 15:04:28 -0600 Eric, Attached is a comment letter regarding your applications. These commerits will be incorporated in to the staff report for the Planning Commission. As I stated last week and again in the attached letter, we feel that this development could be appropriate if sufficient information and standards were provided. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com Plea •e• considei rIk en\1Ltinmefl rl,i e �ris�il. 9/24/2008 29 September 2008 Ms Kathy Eastley, Planner Garfield County Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Via 1 -land Delivery Eric D. McCafferty, Presiden Compass Mountain Land Use, L Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net EXHIBIT "U\ RE: Strong Subdivision and Planned Unit Development Kathy, Thank you for your detailed response to the Strong Subdivision and Planned Unit Development (PUD) applications. Many of your comments have been helpful in assisting us to better tailor the development plans. However, in some cases, there seems to be some confusion regarding what we are proposing and how it must comply with Garfield County zoning regulations. I will attempt to explain below, utilizing substantially the same format as your letter. PUD Guide You are indeed correct that this becomes the official zoning of the PUD. You request "...better defined descriptors for uses proposed to occur on the site..." Section 4.07.08 of the Garfield County PUD regulations states, in part, "All uses which are permitted in the underlying zone district...may be permitted in PUDs. " Unfortunately, we are limited by this language to only propose those land uses that can be allowed in the underlying, A/R/RD zone district. The PUD Guide adheres to this regulation by utilizing the county's current allowable uses and substantially the same definitions. While we would like to include additional uses and definitions, we are limited by this regulation. I have consulted the proposed new zoning and land use regulations and to the extent possible have attempted to meld the old with the new. Furthermore, I have attempted to better define some of the more general definitions, as contained in both the current and proposed regulations, to be more specific to this development. Yet, we are still limited to the uses allowed in the underlying zoning. The term "Heavy Equipment" is defined in the PUD Guide, where no definition currently exists in either the current or proposed land use regulations. You mention the PUD Guide uses all-encompassing terms that give the development maximum flexibility. I have two answers to that. The first is the definitions are those that are substantially contained in the current and proposed regulations. We feel that if they are adequate for the County, then they are adequate for this PUD. Second, Section 4.02 of the county regulations specifically gives us the authority to propose flexible development and states: "The purpose of the PUD is to permit greater design flexibility and, consequently, more creative and imaginative design for development than generally possible under conventional zoning and subdivision regulations." Design flexibility necessarily includes the construction of the text within the PUD Guide. Furthermore, the proposed uses within the PUD provide the limitations that you seem to be seeking. These uses, while complying with the requirement of only allowing those uses allowed by underlying zoning, specifically limit the uses within the PUD. Finally, I'm not at all sure what you mean when you state This was not the intent when consideration of the PUD was recommended for the development." County planning staff never suggested the notion of a PUD. The necessity of the PUD was to address the possible piecemeal development of the overall site, because planning staff took the position that each subdivision lot would be required to be issued individual special use permits. Please remember the overall character of the area is industrial. What we are proposing with this PUD is entirely within the character of the area. Technical Reports Within the Application You are correct that some of the reports within the application are the same as reports previously submitted for the approved contractor yard special use permit application. These reports are still perfectly valid. Considering the uses by right proposed in the PUD Guide, the Contractor Yard use is the most intensive use of the site that could be allowed. All the other uses are more passive. Hence, the reports that considered contractor yard types of uses would encompass the other uses. Reiteration of the Industrial Performance Standards I think perhaps you are confusing zoning with covenants. The county does not typically get into the business of enforcing subdivision covenants. However, the county has absolute authority enforcing zoning. It makes no difference if it is the zoning of a particular parcel or zone district or if it is the zoning of a PUD. Including these standards in the PUD Guide absolutely gives the county enforcement action over the standards. This is the reason they are included. If the County identifies or is made aware of a zoning violation within the PUD, the County can seek to enforce the provisions of the PUD Guide and the included industrial performance standards. The special use permit issued to Frac Tech for a piece of property located northeast of the Strong property reiterated the exact same industrial performance standards as conditions of approval. It seems appropriate to do the same for this proposal. Internal Subdivision Roadway The roadway is not proposed to be paved. The roadway is crowned and any runoff would be intercepted by the adjacent swales, transmitted to the drainage ditch along the southern portion of the property to the sediment pond. Hours of Operation You state there are certain uses that should be limited due to noise impacts. There were no hours of operation limitations placed on the previously approved special use permit. Surrounding land uses and land uses within the vicinity are all industrial in nature. The nearest residential land use is over one mile from the site. The PUD Guide does place operating hour limitations on outdoor heavy equipment operation, allowing operations between 6:00 am and 8:00 pm. Current Special Use Permit We will add engineered septic systems to the PUD guide. The desire to rezone the property to PUD is to allow more flexible land uses that better address the development of the property as a site to support the burgeoning natural gas industry. Outside storage of heavy equipment is certainly a likely land use in the future. The PUD Guide contains language that storage shall not be allowed for inoperable vehicles and machinery in excess of 120 days, so the site will not become a junkyard. Zoning Issues Mobile trailer offices. Office uses of the site are allowed, but are restricted according to the size and amount of full-time employees for each office. If a mobile trailer office is used on the site, it would only be in the instance where a permanent office is being constructed and the mobile office is being utilized temporarily. I will clarify this in the PUD Guide. Fence Height. I will change this in the PUD Guide to conform with the DOW recommendations. The old fencing and telephone lines have been removed. Hazardous and flammable materials. All hazardous and flammable materials will be required to be handled in strict conformance with state and federal regulations. Non -usable materials. The PUD Guide, as noted earlier, does not allow long-term storage of inoperable vehicles or waste materials. Hours/screening for outside repair. Again, this is an industrial PUD, in an industrial area. We do not see the necessity to limit the hours or require screening. Coverage. Building coverage is limited to a maximum of 15% of the total lot area. Storage of materials would be allowed consistent with the proposed setbacks. Owner's association. According to my understanding of the regulations, there is no specific requirement to enact an owner's association or adopt and record covenants, at this time. The intent of the applicant is to, for the foreseeable future, own and lease the individual lots. At such time as the owner decides to sell individual lots, covenants would then be recorded, as would a well -sharing agreement. The owner will be responsible for maintaining the road and water system until such time as an individual lot is sold. Covenants would then control after that. In order to assist your review, I will provide draft covenants and a draft well -sharing agreement. Delineation of outdoor storage area. This is not possible at this time. We have no idea who or what kind of business will occupy the individual lots. Establishing specific development envelopes at this time, would likely require numerous amendments in the future. Sales. No outside sales are proposed in the PUD Guide. The uses itemized in the PUD Guide do not allow outside sales, which will strictly limit the amount of background traffic accessing the site. Traffic Study The study was completed in September, 2007, for the proposed contractor yard. The study was updated and amended in June, 2008, as noted on the cover page, and does study and address the expected traffic generated by the proposed, five lot subdivision. The study contains a copy of the proposed subdivision plat and the very first line of the study begins "The site is proposed to provide five lots... " Dan Roussin of the Colorado Department of Transportation seems to misunderstand that the 20% increase is only during peak morning and evening hours, not throughout the day. An example taken directly from the study specifically states "Following buildout of this development, it is anticipated that project -generated traffic would account for approximately 20% of morning peak hour traffic [emphasis added] using this [westbound 6 & 24] movement. " The study concluded that improvement to the intersection is currently warranted, without the traffic generated by this proposal. The applicant would participate in road impact fees, a special improvement district, or similar, but should not be required to shoulder the burden of constructing the intersection improvements for contributing a fraction to the current traffic level. Water Supply System The State Engineer has reviewed the entire application, as noted in the letter to you dated September 8, 2008. The State Engineer has rendered its opinion that "...the proposed water supply will not cause injury to existing water rights... " This review surely considered the PUD Guide and the types of land uses proposed. The opinion is that no injury will be caused. While it is not specifically stated in the application materials, the owner intends to subdivide the property and continue ownership of the property. Sometime in the future, individual lots may be sold, but for the foreseeable future, the lots will be leased. Hence, the owner will be the entity that will build and maintain the water supply system. Prior to the initial sale of any of the lots in the subdivision, the owner will record covenants and a well -sharing agreement that will specify the ownership and maintenance obligations of the common elements of the subdivision, which will be encumbrances upon the individual lots. The adequacy of the water supply is not in question. However, a pump test is being conducted to demonstrate the physical capabilities of the well. The results of that test are attached for your review. Briefly, the well was pumped at 15 gallons per minute for 24 hours, with 100% recovery in 22 minutes. The owner has contracted with West Divide Water Conservancy District for 2.89 acre feet of water annually. The PUD Guide specifically limits the number of full-time employees that will be employed on the site. No outsides sales will occur that would increase the use of lavatory facilities or drinking fountains. There is plenty of legal and physical water to serve the needs of this development. Sound Study The sound study was conducted on the western portion of the site for the simple fact that the operation of the Encana Compressor Facility and the off-site noise impacts generated by this facility, located to the east, did not allow the establishment of a baseline for the study. The study concluded that the site is impacted more from sound emanating from off-site and adjacent land uses and traffic than it is by sound that would be generated on-site. There seems to be a question relative to cumulative impacts of the proposed uses for the five lots. We have discussed this with the sound engineer, who has told us there would be a very insignificant rise in the sound level, perhaps on the order of 5 dB. Unfortunately, he is out of town, but will provide a letter to this effect when he returns later this week. Wildlife Assessment We have adopted the suggestions regarding fencing provided by the DOW. Weed management is a requirement of the PUD Guide. Vegetation Plan The tamarisks on the site have previously been treated. There will be little additional surface disturbance as most of the improvements have already been constructed. No topsoil is being salvaged, as the prior use was for sheep grazing, which left no topsoil to salvage. Gealu The CGS review letter was not forwarded to me for review, so 1 do not know what their concerns may be. However, the property is not within any identified floodplain, so it would appear this recommendation is unnecessary. Sanitation The test pit locations and studies conducted by Huddleston -Berry conform to the subdivision regulations. Test pits were dug and tested in representative locations across the site, A requirement for engineered septic systems has been added to the PUD Guide. A minor change to the PUD Guide has also been made regarding signage. The change allows the Lot Sign to be place anywhere within the boundary of the individual lot instead of at the entry to the lot. Thank you for the opportunity to respond to your comments. We look forward to presenting our applications to the Planning Commission on October 8. S Eric Compass d Use, LLC EXHIBIT s At .. iuivi? 517.C. :Th/i Ctuuttq. 117 gCeiuuttuci .Sp :irttla et!' 51601 97C -9J:3.61.71) edf: 97C-9 5-6159 !Jar: 97e-91.3 159 Weil Test DATE: September 29, 2008 TO: George Strong Box 808 Silt CO. 81652 RE: Well Test Attn: George, A twenty four hour well test was performed on a well located at Una Bridge. The following results were obtained: Well Depth: 38' Water Level: 17' 4" Drawdown: 4' 4" Sustained Yield: 15 GPM Clarity: Clear Recovery: 100% within 22 minutes If you have any questions, please call Rick, 94.5-6159. I&MI'uz l�Inc ,r I;H_/- r. Richard A Holub Lie. No 1196 Thank You! STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE EXHIBIT I V\i/ A] Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the PUD. B] Zone districts within the PUD 1] Resource Support (RS) Zone District 2] Utility and Easement Zone District (UE) C] Definitions Communication Facility - A nonresidential structure supporting antennae and microwave dishes that disseminate radio frequency signals, including television and data impulses through space by means of radio and electromagnetic waves. Communication facilities include structures, towers and accessory buildings. Contractor Yard - The use of land within the PUD for the purpose of storing machinery, equipment and supplies for businesses that provide services to clients through the use of machinery, equipment and supplies. Such use may include office and repair facilities. Repair facilities and operations may be conducted within or outside of structures. Fabrication - The act of creating materials or products. Examples include, but are not limited to cabinet-making, woodworking, metal working, glazing, machining and welding, mixing of drilling fluids and similar materials. General Storage - The keeping of goods, materials, equipment, supplies, tools, machinery, automobiles and similar items. General storage is allowed within storage buildings or warehouses constructed within the PUD and also as open storage, in an orderly manner, within the boundaries of individual PUD lots. Long term storage of inoperable machines or vehicles shall not be allowed. Heavy Equipment - Generally inclusive of large vehicles such as graders, earthmovers, cranes, oil and gas field equipment and similar vehicles and equipment. Material Handling - The loading or unloading of goods, materials, and products, in bulk. Processing - Change in the physical state or chemical composition of matter. Examples include, but are not limited to, sawmill, creation of glass, ceramic or plastic materials, concrete and asphalt batch plants. Strong Subdivision Planned Unit Development Guide Page 1 of 5 Solar Power Generating System aka Solar Array - A device or system that converts the sun's radiant energy into thermal, chemical or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility. Storage of Oil and Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor andlor other trailer units. D] Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet. B] Lot 1 shall be allowed two business offices, each allowed up to three (3) full-time employees. C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. D] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 51 Storage of Heavy Equipment 6] Storage of Oil and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling E] Uses Allowed by Special Review - Resource Support District 11 Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses allowed within the PUD by Special Use Review must receive approval by Garfield County prior to inception of the use. FI Uses Allowed by Right - Utility and Easement District 1] Installation and maintenance of utilities 2] Irrigation and drainage facilities and related structures 3] Access roads and driveways .Strong Subdivision Planned Unit Development Guide Page 2 of 5 G] Lot Coverage and Setbacks Lot Coverage - Each individual lot within the PUD is allowed to have structures, either singular or multiple, that may cover a maximum of 15% of the total lot area. Setbacks Building Setback from County Road edge of right of way - 25 feet Storage Setback from County Road edge of right of way - 15 feet Setback from internal road system - 5 feet Internal Lot Line Setbacks - zero (0) feet if lot lines are delineated by a fence or similar structure; five (5) feet if no fence delineates the lot line. H] Maximum Height of Structures Within the PUD Structure Height: 35 feet Storage silos may be up to 40 feet in height. I] Parking Office Parking Requirements: One (1) space per 200 square feet of office floor area. Parking for storage purposes: Shall be allowed on the entire impervious area of a lot. Parking shall not be allowed on or within the PUD road rights-of-way or easements. J] Fencing Fencing is allowed on all lots in the PUD. Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. Individual lot owners or the lessee of the individual lot shall be responsible for maintenance and upkeep of the fencing surrounding the lot. Any fencing that is shared by adjacent lots shall be maintained jointly by the adjacent lot owners or lot lessees. K] Lighting All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. Height of exterior lighting shall be limited to 20 feet. LI Signage Each lot shall be allowed no more than two (2) signs. One sign is allowed to be placed on a wall of a structure or building, the second sign may be placed anywhere within the boundary of the lot. Wall Signs - may be up to 64 square feet in size. Lot Signs - may be up to 32 square feet in size. Performance Standards This section shall regulate the operation of the allowed land uses within the PUD. The standards are intended to ensure compliance with the Industrial Performance Standards generally accepted Strong Subdivision Planned Unit Development Guide Page 3 of 5 by Garfield County. All operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property. Sound: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; Vibration generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without the use of instruments, at any point of any boundary line of the property on which the use is located; Emission of smoke and particulate matter: Every use shall be operated so as to comply with all federal, state and county air quality laws, regulations and standards; Emission of heat, glare, radiation and fumes: Every use shall be operated so that it does not emit, heat, glare, radiation or fumes that substantially interfere with the existing use of adjoining property or that constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or pollution control measures shall be exempted from these provisions. All storage areas shall be operated within the following performance standards: 1] Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with federal, state and local fire codes and written recommendations from the appropriate Iocal fire protection district. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off the property by any reasonable foreseen natural causes or forces. 3] Storage of heavy equipment will be allowed subject to the following standards: A] All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. B] Repair and maintenance activities requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries may be conducted within a building or outdoors, so long as negative effects caused by these operations are not transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between the hours of 6 am and 8 pm. C] All loading and unloading of vehicles shall be conducted on private property within the PUD and shall not be conducted on any public right-of-way. Strong Subdivision Planned Unit Development Guide Page 4 of 5 4] Potential for water pollution: If any use is conducted in a manner whereby potential water pollution could occur, the use shall be required to install safeguards designed to comply with the regulations of all federal, state and county regulatory agencies. General Allowances, Maintenance and Upkeep of the Land Within the PUD All uses of land and structures within the PUD shall be in an orderly fashion. No use of the land shall be for the long-term storage (defined as storage in excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials. Any vehicles stored within the PUD shall maintain current registrations and licenses. No outside watering of landscaping shall be allowed within the PUD unless an individual lot owner or lessee obtains a sufficient amount of irrigation water and applies for the necessary permits. Individual lot owners or lessees shall be responsible for weed control. Weeds shall not be allowed to thrive anywhere within the boundaries of the PUD. All storage of materials shall be conducted in strict compliance with state and federal regulations. All required documentation shall be kept on-site and open for inspection. All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. Leasehold interests in individual lots shall be allowed. More than one leasehold interest may be allowed on the individual lots within the PUD. Engineered individual sewage disposal systems are required for each lot. One mobile office trailer is allowed on each lot and may only be utilized in conformance with Section D(1) of these regulations. The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Planned Unit Development Guide Page 5 of 5 BUILDING & PLANNING DEPAR TMENT October 7"', 2008 George Strong PO BOX 808 Silt, CO 81652 Re: Building PermitlContractors Yard Special Use Permit Dear George: On August 8th, 2008 a building permit application was submitted to this office requesting an addition to a structure related to the contractor's yard approved by the Board of County Commissioners (the Board) on Monday, October 15th, 2007. As identified in the Resolution of Approval No. 2007-117 the following conditions apply: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Permit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall be provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 6. Ail areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 7. The applicant shall provide 2,500 gallons of water storage on-site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 8. Materials and wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or force; 9. A professional engineer shall design the ISDS for this use. A written statement sealed by the consulting engineer regarding the adequacy of the proposed system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS; 10. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 11. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 12. A Certificate of Occupancy for the proposed structure shall not be Issued until the Chairman of the Board has signed the Special Use Permit; 13. All storage of Heavy Equipment shall be conducted within the proposed storage building; The Board's approval included an 80.0' x 144.0' building. The request to complete an addition to the approved structure is not allowed under the current approval. The submittal and approval of a new application will be required to deviate from the application approved by the Board. Staff has also been made aware that the storage of heavy equipment is being conducted outside of the approved structure. Condition of approval No, 13 states that "All storage of heavy equipment shall be conducted within the proposed storage building", this matter has been forwarded to Garfield County Code Enforcement for further action. Very truly yours, Fred A. Jarman, AIC Director, Building and P tinning Department 970.945.8212 Kathy A. Eastley From: Compass Mountain Land Use, LLC [compass@sopris.net] Sent: Friday, September 26, 2008 10:43 AM To: Kathy A. Eastley Subject: RE: Strong ZDA and PUD Preiiminary Plan Kathy -- I have not received a copy of the CGS letter. please send it when you get a chance. I am working with the applicant to try to address the various matters you raised in your letter to me dated 9/24. Regarding your prior letter, t was unable to drop everything I was doing in an effort to meet with you, as I was out of town. Eric D. McCafferty. President Compass Mountain Land Use, LLC P.O. Box 86 Glenwood Springs, CO 81602 cell: 970.618.0837 From: Kathy A. Eastley[maiito:keastley@garneld-county,com] Sent: Wednesday, September 24, 2008 3:04 PM To: Compass Mountain Land Use, LLC Cc: Fred Jarman; Deborah Quinn Subject: Strong ZDA and PUD Preliminary Plan Enc, Attached is a comment letter regarding your applications. These comments will be incorporated in to the staff report for the Planning Commission_ As 1 stated last week and again in the attached letter, we feel that this development could be appropriate if sufficient information and standards were provided. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 least leyGgarf i eid-county.com ko, Please c�.insider the environrrient beff ire printing this e-mail. 10/8/2008 Ez� {3t t i ic' s rJwl• .:NMr 11...WMI• ,,rl,M 0M1,1M it i ZAO Engineers, Ltd. Gda.e.• Mg <Wood liretida, 00. In) t.UMfl Eronsion Control Plan Strong PUD off County Road 300 Parachute, Colorado WAGON WHEEL CONSULTING, INC. CODY W. SMITH 111 E. 3R° STREET, SUITE 213 RIFLE, CO 81650 OFFICE: (970) 625-8433 FAX: (970) 625-8435 October 14, 2008 Garfield County Attn: Building & Planning Department 108 8"' Street, Suite 400 Glenwood Springs, CO 81601 EXHIBIT To Whom It May Concern:, Wagon Wheel Consulting was retained by Strong Subdivisions on June 14, 2007 to conduct a sound monitoring test for their proposed subdivision of 5 lots. The sound study that Wagon Wheel Consulting completed accurately demonstrates the noise levels that can be expected from each individual lot. Wagon Wheel did not took at the noise levels from all 5 lots together, but at the possible noise levels from each lot separately. Noise levels where recorded for a 24 hour period to show peak times when the most activity is expected on the lots. Noise levels where primarily with in the allowable limits set forth by the Colorado State Noise Statute (C.R.S. § 25-12-101 et. seq). With noise volumes averaging between 42 dBA and 58 dBA, with a few instances that noise levels peaked out between 65 dBA and 70 dBA, showing compliance with the Noise Statute for each individual lot. For the current zoning of the property the Colorado State Noise Statute states that noise levels are to be at 55 dBA day time hours and 50 dBA night time hours with allowable increases of 15 dBA for fifteen (15) minutes in any one hour period and at a distance of 350 f. from center of location or 25 feet from property lines. After further review of noises created from the site Strong Subdivision will be able to maintain compliance with the Colorado State Noise Statute even in the case that all 5 lots where operating at the same time. Noises are additive but with lower dBA readings the further away from the source of the noise at the property lines. Please note from the sound study that the majority of the higher readings where from operations adjacent to the property not associated with the proposed uses. Please contact me at (303) 902-1532 if you have any questions or comments on this matter or need additional information. Sincerely, Cody W. Smith Wagon Wheel Consulting, Inc. Senior Permitter 11 tulrllest ort -Berry Engineering & 7esaing. LLC 640 White Avenue. Unit B Grand Junction, CO 81501 Phone: 970-255-8005 Fax: 970-255-6818 1 In,1,11cNiotilicrl ,.hicsiwin.oac October 6, 2008 Project#00345-0001 George Strong PO Box 808 Silt, Colorado 81652 Subject: Geotechnical Response to Comments Strong Subdivision Parachute, Colorado Reference: Geotechnical Investigation, 304 Road Site, Parachute, Colorado by Huddleston - Berry Engineering & Testing, LLC for George Strong, July 25, 2006. Percolation Testing, 301 Road Site, Parachute, Colorado by Huddleston -Berry Engineering & Testing, LLC for George Strong, April 30, 2008. Dear Mr. Strong, At your request, Huddleston -Berry Engineering & Testing, LLC (HBET) prepared this letter in response to comments by Garfield County and the Grand Valley Fire Protection District, Our responses to the applicable comments follow: Comment: "The development pkrn states that ISDS will be installed by the owner of parcel, however there are soils issues an the site and additional information is necessary to determine whether ISDS is feasible". Response: Percolation testing was conducted for a structure in the western portion of the site in April 2008. The percolation testing results indicated that the native day soils are not suitable for on-site sewage disposal and that imported suitable replacement soils would be necessary. The referenced geotechnical investigation indicates that the native soils are fairly consistent across the site, Therefore, HBET anticipates that replacement soils will be required for any additional ISDS on the site. However, it is generally recommended that additional percolation testing be conducted on the site in the vicinity of any proposed additional ISDS. Comment: "The site is relatively flat and contains the potential for collapsible soils and a high water table...No mitigation has been provided". Response: As indicated in the referenced geotechnical report, the native clay soils at the site were indicated to be slightly collapsible with up to approximately 2% collapse measured in the laboratory. Due to the potential for collapse, a minimum of 30_ inches of structural fill was recommended below foundations. Strong Subdivision V003,15-0001 10/06/08 }iuddirctan-Berry r. ,: •.. ,,& ri. i.l...l With regard to a high water table, groundwater was not encountered in the test pits to the depth explored of 8.0 feet. While there is the potential for higher groundwater in the future, HBET does not believe that shallow groundwater will adversely impact construction at this site. Comment: "The mad way labeled 'Bud's Way' needs to meet IFC.' 2003 si'andard3' for Fire Apparatus access roads_ The cul de .sac and road width are plenty large enough however it /needs to meet the weight requirements for apparatus". Response: In order- to evaluate the gravel roadway with respect to heavy fire truck axle loading, the roadway was proof rolled with a loaded 10 yd3 dump truck in June 2008. No deflection of the roadway was observed during the proofrolling. Therefore, HBET believes that the roadway is adequate to support lire engines in accordance with IFC 2003. We are pleased to be of service to your project. Please contact us if you have any questions or comments regarding the contents of this letter. Respectfully Submitted: Huddl sf Berry Engineering and Testing, LLC Itt 1�. l Michael A. Berry,, .E. Vice President ofEigineering W,L2003 ALL 1'ROtECTS'4034S-SePos}- Geosps'O 1 -0001 Stroll. Lu .b4i'?00- Go:00013S.0001 LRi00601.6oe 2 10-10-08 George & Leslie Strong P.Q. Box 808 Silt, CO 81652 BUILDING & PLANNING DEPARTMENT Our office has observed a recreational camper trailer located on your property operated by Alltera at 0070 county road 300 in Parachute, CO 81635. The camper trailer constitutes an illegal dwelling unit and is in violation of Colorado Revised Statutes 30-28-124 & 124.5, and Garfield County enabling zoning regulations. It is Garfield County's position that you should immediately take the necessary steps to evict these temporary tenants from your property. Along with the trailer issues we find the amount of grading/excavating done on your lot has gone beyond the scope presented and described in your Special Use Permit. You are in violation of current Garfield County Zoning Resolution of 1978, as amended, enabled by Colorado Revised Statutes 30-28-124 & 124.5. You are hereby given notice, pursuant to the above statutes and regulations, that you must completely correct the violations or establish an acceptable compliance schedule with this department, within in (5) days of the date this notice is received. You are encouraged to communicate with this office at your earliest convenience to begin the compliance process. Failure to initiate compliance within the allowed time or to request an appeal will result, per Garfield County Code Enforcement Protocol, in this matter being referred to the legal department. Building code violations are referred to the Board of Review. Zoning code violations are referred to the Board of Adjustment, should you request an appeal. PIease be advised that violations of the above statutes is a misdemeanor crime and can, upon conviction, be subject to a fine or not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense . Garfield County Building and Zoning regulations, Enforcement Protocol and permit application forms are available at www.ctarfield-countv.com in the "Building and Planning "directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by E-mail cchappelle(2arfield-county.com Christop Building / P1 Code Enforcement Officer 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 13 October, 2008 Kathy Eastley, Senior Planner Garfield County Building and Planning 108 Eighth Street, Suite 400 Glenwood Springs, CO 81601 Via Email EXHIBIT Eric D. McCafferty, President Ce' Compass Mountain Land Use, LL Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net RE: Strong Subdivision and Planned Unit Development Dear Kathy, Thank you for taking the time to meet with us regarding the Strong Subdivision and Planned Unit Development. Based on the topics of the meeting, 1 have developed additional materials that should assist in your continuing review. 1 have studied additional industrial -type developments in and around Garfield County and have substantially revised the PUD Guide. Areas of revision include parking, fencing and additional performance standards. 1 have also provided justification for the requested height increase, justification of additional proposed uses not itemized in the underlying zoning, a draft well -sharing agreement and draft declaration of covenants. Please contact me if you have any questions. Thank you again for your time and input, STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE A] Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the development. B] Zone districts within the PUD 1] Resource Support (RS) Zone District 2] Utility and Easement (UE) Zone District C] Definitions Communication Facility - A nonresidential structure supporting antennae and microwave dishes that disseminate radio frequency signals, including television and data impulses through space by means of radio and electromagnetic waves. Communication facilities include structures, towers and accessory buildings. Contractor Yard - The use of land within the PUD for the purpose of storing machinery, equipment and supplies for businesses that provide services to clients through the use of machinery, equipment and supplies. Such use may include office and repair facilities. Repair facilities and operations may be conducted within or outside of structures. Fabrication - The act of creating materials or products. Examples include, but are not limited to cabinet-making, woodworking, metal working, glazing, machining and welding, mixing of drilling fluids and similar materials. General Storage - The keeping of goods, materials, equipment, supplies, tools, machinery, automobiles and similar items, General storage is allowed within storage buildings or warehouses constructed within the PUD and also as open storage, in an orderly manner, within the boundaries of individual PUD lots. Long term storage of inoperable machines or vehicles shall not be allowed. Heavy Equipment - Generally inclusive of large vehicles such as graders, earthmovers, cranes, oil and gas field equipment and similar vehicles and equipment, or any vehicle having a gross weight of 6000 pounds or greater. , Material Handling - The loading or unloading of goods, materials, and products, in bulk. Strong Subdivision Planned Unit Development Guide Page 1 of 7 Processing - Change in the physical state or chemical composition of matter. Examples include, but are not limited to, sawmill, creation of glass,ceramic or plastic materials, concrete and asphalt batch plants. Solar Power Generating System aka Solar Array - A device or system that converts the sun's radiant energy into thermal, chemical or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility. Storage of Oil and Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units. D] Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet. B] Lot 1 shall be allowed two business offices, each up to 1500 square feet in size, each allowed up to three (3) full-time employees. C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. D] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 5] Storage of Heavy Equipment 6] Storage of Oil and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling El Uses Allowed by Special Review - Resource Support District 1] Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses allowed within the PUD by Special Use Review roust receive approval by Garfield County prior to inception of the use. Strong Subdivision Planned Unit Development Guide Page 2 of 7 F] Uses Allowed by Right - Utility and Easement District 1] Installation and maintenance of utilities 2] Irrigation and drainage facilities and related structures 3] Access roads and driveways G] Lot Coverage and Setbacks Lot Coverage - Each individual parcel within the PUD is allowed to have structures, either singular or multiple, that may cover a maximum of 15% of the total lot area. Setbacks I] Building Setback from County Road edge of right of way - 25 feet 2] Storage Setback from County Road edge of right of way - 15 feet 3] Setback from internal road system - 5 feet 4] Setback from reserved easements - 5 feet 5] Internal Lot Line Setbacks - zero (0) feet where lot lines are delineated by a fence or similar structure 13] Maximum Height of Structures Within the PUD 1] Structure Height: 35 feet 2] Storage silos may be up to 40 feet in height. I] Parking I] Office Parking Requirements: One (1) space per 200 square feet of office floor area. 2] Parking for storage purposes: Shall be allowed on the entire impervious area of a lot. 3] Parking shall not be allowed on or within the PUD road rights-of-way or easements. 4] One parking space per each full-time employee shall be provided on each parcel. This requirement is to be demonstrated at time of building permit submittal. Jr] Fencing 1] Perimeter fencing is required on aII parcels in the PUD. 2] No fencing shall be placed in any easement that will obstruct the function of the easement. 3] Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. 4] Individual parcel owners or the lessee of the individual parcel shall be responsible for maintenance and upkeep of the fencing surrounding the parcel. 5] Any fencing that is shared by adjacent lots shall be maintained jointly by the adjacent parcel owners or lessees. Strong Subdivision Planned Unit Development Guide Page 3 of 7 K] Lighting 1] All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. 2] Height of exterior lighting shall be limited to 20 feet. L] Signage 1] Each parcel shall be allowed no more than two (2) signs. One sign is allowed to be placed on a wall of a structure or building, the second sign may be placed anywhere within the boundary of the parcel. A] Wall Signs - may be up to 64 square feet in size. B] Lot Signs - may be up to 32 square feet in size. Performance Standards This section shall regulate the operation of the allowed land uses within the PUD. The standards are intended to ensure compliance with the Industrial Performance Standards generally accepted by Garfield County. All operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property. The Parcel Owner's Association shall be responsible for any enforcement action required under these regulations. Sound: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; Vibration Renerated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without the use of instruments, at any point of any boundary line of the property on which the use is located; Emission of smoke and particulate matter: Every use shall be operated so as to comply with all federal, state and county air quality laws, regulations and standards; Emission of heat, glare, radiation and fumes: Every use shall be operated so that it does not emit, heat, glare, radiation or fumes that substantially interfere with the existing use of adjoining property or that constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or pollution control measures shall be exempted from these provisions. Strong Subdivision Planned Unit Development Guide Page 4 of 7 All storage areas shall be operated within the following performance standards: 1 ] Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with federal, state and local fire codes and written recommendations from the appropriate local fire protection district. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off the property by any reasonable foreseen natural causes or forces. 3] Storage of heavy equipment will be allowed subject to the following standards: A] All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. B] Repair and maintenance activities requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries may be conducted within a building or outdoors, so long as negative effects caused by these operations are not transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between the hours of 6 am and 8 pm. C] All loading and unloading of vehicles shall be conducted on private property within the PUD and shall not be conducted on any development right-of-way. 4] Potential for water pollution: If any use is conducted in a manner whereby potential water pollution could occur, the use shall be required to install safeguards designed to comply with the regulations of all federal, state and county regulatory agencies. 5] All purchasers, leaseholders, occupants or users of the development are required to follow all regulations imposed herein. 6] All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed, must be kept in good useable condition. The parcel owner or the lessee shall be the entity responsible for maintenance and upkeep within the boundaries of the owned or leased parcel. 7] Control of fugitive dust on access roads and easements within the development is the responsibility of the Parcel Owners Association. Individual lot owners or lessees shall be responsible for the control of fugitive dust on individual parcels. 8] On lot fuel storage shall be limited to a single storage tank of up to one thousand (1000) gallons per developable lot. Adequate spill containment structures shall be designed and constructed for any parcel on which fuel is stored. The containment structure shall be capable of holding 110% of the maximum volume of the fuel storage tank and shall comply with all Federal, State and local regulations. Strong Subdivision Planned Unit Development Guide Page 5 of 7 9] Parcels within the development may be combined without being considered to have merged. However, no resubdivision of the original five (5) parcels shall be allowed. 10] Fire extinguishers shall be required to be kept and maintained on each parcel. The fire extinguisher shall be placed in a conspicuous location with ease of access being mandatory. 11] All fabrication and repair operations shall be conducted within a building. 12] All storage of heavy equipment shall be within a building or enclosed within a fenced area and screened from view along the County Road. 13] All on-site refuse containers must have functioning lids and proper care shall be taken to ensure no trash is removed from the container by the forces of nature. 14] Prior to building permit submittal for any parcel within the PUD to Garfield County, a Phase One Environmental Study shall be performed by the lot owner or lot lessee at the expense of the lot owner or lot lessee. Prior to abandonment of the site by the lot owner or lot lessee, a Phase One Environmental Study shall be completed and any remediation necessary, as identified by the Study, shall be completed by the lot owner or lessee at his expense. 15] A Public Water System will be permitted through Colorado Department of Public Health and Environment at such time the water system is expected to regularly serve an average of 25 individuals for an average of 60 days per year. General Allowances, Maintenance and Upkeep of the Land Within the Development All uses of land and structures within the Development shall be in an orderly fashion. No use of the land shall be for the long-term storage (defined as storage in excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials such as trash, tires, pallets, empty drums or any similar items. All vehicles stored within the PUD shall maintain current Colorado registrations and licenses. No outside watering of landscaping shall be allowed within the PUD unless an individual Iot owner or lessee obtains a sufficient amount of irrigation water and applies for the necessary permits. Individual parcel owners or lessees shall be responsible for weed control on their respective parcel(s). Weeds shall not be allowed to thrive anywhere within the boundaries of the development. All storage of materials shall be conducted in strict compliance with state and federal regulations. All required documentation shall be kept on-site and open for inspection. Strong Subdivision Planned Unit Development Guide Page 6 of 7 All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. Leasehold interests in individual parcels shall be allowed. Parcel 1 may have two (2) leasehold interests. Parcels 2 through 5, inclusive, are each allowed one (1) leasehold interest. Engineered individual sewage disposal systems are required for each lot. One mobile office trailer is allowed on each parcel and may only be utilized in conformance with Section D(1) of these regulations_ The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Planned Unit Development Guide Page 7 of 7 WELL SHARING AGREEMENT THIS AGREEMENT is entered into by and urchasers of loeen ts wi hin the SDEVELOPMENT, tr g Subdiv Sian Colorado Limited Liability Company, and lot p Planned Unit Development. WITNESSETH WHEREAS, Una Development (hereinafter Developer) owns certain property in Garfield County, Colorado, specifically the Strong Subdivision and Planned Unit Development (hereinafter Development), County of Garfield, State of ofthe G do ie the final plat t of k which is recorded as Reception Number nd Recorder's Office; and WHEREAS, a water well commonly referred to as the Strong Well and permitted as Colorado Division of Water Resources Well Permit Number y this reference),484-F ac copy of said ipermitois scel attached hereto as Exhibit A and incorporated in the level pment. 3, and provides a water supply parcels WHEREAS, the parties desire to ensure the supply of water to all parcels in the development now and in the future, and desire to set forth their understanding and agreements with regard to the future ownership, use and maintenance of the Strong Well. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the partes agree as follows: 1. The Strong Well structure and related facilities, including the pump, pipelines, well equipment, and well permit, shall be jointly owned by owners of all parcels within the development. The parties further agree that their respective interests in the Strong Well shall be appurtenant to the benefited parcels, and such interests may not be conveyed seehp Stong ly for the respective parcels. The water rights for the well, as augmented, are o y Subdivision PUD Parcel Owners Association for the benefit of all owners. 2. Una Development will reserve and/or convey all necessary easements to the other parcel owners for supplying water to all parcels in the development, and for the operation, maintenance, repair and replacement of the Strong Well, its pump, pipelines and well equipment. 3. Each owner shall pay one-fifth (1/5) of all costs incurred for the operation, repair, maintenance and replacement of the Strong Well, its pump, common pipelines and well equipment which are deemed to commonly benefit the owners. However, each owner shall bear the cost of operation, repair, maintenance and replacement of pipelines or other components which are not used in common, but which are used solely to provide water service to that owner's parcel. It is the intent of the parties that each owner will be solely responsible for the operation, repair, maintenance and replacement of that part of the water delivery system which is solely used to provide water service from the well to that owner's parcel. 4. The parties acknowledge that pump electric charges will be paid by the Parcel Owner's Association. Monthly dues will be assessed by the Parcel Owner's Association, a portion of the assessment shall include the electric bill for the Strong Well, Each Parcel Owner shall be assessed one-fifth (1/5) of the total bill. 5. In the event that any owner determines that repair, maintenance, improvements, or replacements are necessary for the well structure, pipelines or appurtenant common facilities, such owner shall notify the other owners in writing. The owners agree to cooperate for the purpose of entering into mutual agreements for completion and payment of such repairs, maintenance, improvement or replacement costs. Should the parties fail to reach mutual agreement on payment or shared costs and expenses, the Parcel Owner's Association for the development shall be authorized to hear and settle such a dispute after review of all facts, which decision shall be binding on all owners. Any owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, pump, pipeline or appurtenant facilities and to seek reimbursement from the other owners. 6. The parties agree that all common expenses and costs incurred for the operation, repair, maintenance and replacement of the well, its pump and common pipelines shall be paid equally by each owner within thirty (30) days from the time they are presented for payment by written notice. In the event that any owner fails to pay its share as set forth herein, interest on the unpaid amount shall accrue at 18 percent per annum, thirty (30) days from the date such costs or expenses were presented for payment. In the event the non-paying party fails to pay any such sums with interest thereon within six (6) months from the date of presentment for payment, the party who paid the costs and expenses shall be entitled to common collection proceedings to recover said amounts. In the event collection is necessary, the debtor shall pay all reasonable attorney's fees and costs incurred in collection. The non -breaching party shall be entitled to any other reasonable remedies available at law or in equity for such a breach of this Agreement. 7. Each owner shall be entitled to one-fifth (1/5) of the water produced from such well, subject to the Declaration of Covenants of the development and the conditional approval of Well Permit #67484-F. Each owner shall not use more that its proportionate share of the water physically available from the well. Each party agrees that the water withdrawn for the well shall be used only for those uses itemized in the Planned Unit Development Guide recorded at Reception Number in the records of the Garfield County Clerk and Recorder. The parties further agree that the water form the Strong Well shall be used in accordance with any other terms and conditions imposed on the well permit. 8. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of the water. The owners each agree to exercise such prudence and conservation to allow for efficient and beneficial use of the well and to avoid burdening the aquifer and well pump unnecessarily. 9. In the event that any government or judicial authority imposes future requirements or restrictions on the use of the Strong Well, the owners agree to mutually comply with such requirements to ensure a continuing water supply for each parcel. The parties agree to share equally in any costs associated with such compliance. 10. In the event the Strong Well should ever run dry or fail for any reason, the owners may decide either to redrill the well or drill a new well. Should the owners fail to reach agreement on the proper remedy, the Parcel Owner's Association shall be requested to make such a decision, which decision shall be binding on the owners. 11. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, transferees and successors in interest. 12. The language used in this Agreement and all parts thereof shall be construed as a whole according to its plain meaning and not strictly for or against any party. 13. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. 14. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understanding between the parties are integrated and merged into this Agreement. 15. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder. Any future amendment to the Agreement shall also be recorded in the same manner. 16. The Developer states this agreement shall run with the parcels of land as described on the Final Plat of the Strong Subdivision and Planned Unit Development, Garfield County, CO, and any amendments thereto, and be a burden and benefit upon those properties. 17. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all which shall constitute one and the same document. 18. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission, electronic mail or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the appropriate parties. All notices by hand delivery shall be effective upon receipt. All facsimile or electronic mail transmission shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address and postage. 19. The terms of this Agreement and the obligations, duties, responsibilities and benefits hereunder shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC Date: By: Date: Purchaser of Parcel STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Acknowledged, subscribed and sworn before me this _ day of 2008, by , Manager of Una Development, LLC. WITNESS my had and official seal. My commission expires: Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver. Colorado 80203 (303) 866-3581 GEORGE P STRONG PO BOX 808 SILT, CO 81652- EXST WELL PERMIT NUMBER 67484 - F DIV. 5 WD39 DES. BASIN MD (970) 379-3265 CHANGEJEXPANSION OF USE OF AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to anolher vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the Stale Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy Districts substitute water supply plan, approved by the State Engineer. is in effect, and when a water allotment contract between the well owner and (he West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070322SL(a) (amended), 4) Approved for the use of, an existing well, constructed on March 28, 1097, to a depth of 35 feet under permit no. 201120 (canceled) and later permitted for an expansion of use with a pump being installed November 7, 2007, under permit no. 66018-F (canceled) and later permitted for an expansion of use under permit no. 66544-F (canceled). Issuance of this permit hereby cancels perrnit no. 66544-F, 5) The use of ground water from this well is limited to fire protection, six (6) office units. free (5) warehouse units, the irrigation of not more than 5,000 square feet (0.11 of an acre) of gardens. lawns and landscaping. Alt use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Strong Well. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 2.89 acre-foot (941,706 gallons). 8) The owner shatt mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This wet shall be located not more than 200 Leet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 0) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit rscs 201120, 66018-F and 66544-F were previously issued For this well at this location. NOTE: Parcel Identification Number (PIN): 23-2409-273-00-002 p g NOTE: Assessor Tax Schedule Number. R460074 .1 7r /2 t7 APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 27 Township 7 S Range 95 W Sixth P.M. DISTANCES FROM SECTION LINES 90 Ft from South Section Line 1100 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: J ; APPROVED DMW Receipt No. 9503067 State Engineer L By DATE ISSUED 08-29-2008 EXPIRATION DATE ORDER OF THE STATE ENGINEER IN THE MATTER OF WELL PERMIT NO. 66544-F LOCATION: SW 1/4, SW 1/4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6th P.M. APPLICANT: GEORGE P STRONG THE STATE ENGINEER FINDS: The well permit was issued on November 21, 2007, with an expiration date of November 21, 2008. A well construction report was submitted on June 27, 1997, indicating that the well was constructed on March 28, 1997, to a depth of 35 feet, and later permitted for an expansion of use with a pump being installed November 7, 2007, under permit no. 66018-F (canceled) and later permitted for an expansion of use under permit no. 66544-F (canceled). Issuance of this permit hereby cancels pennit no. 66544-F. On June 6, 2008, the current well owner (George Strong) submitted an application to change the use of the existing well permit no_ 66544-F. The new permit (permit no. 67484-F) allows for the change of use of the well (Strong Well) in accordance with the West Divide Water Conservancy District contract no. 070322SL(a), arnended May 29, 2008. The well permit is hereby canceled and is of no further force or effect. August 29, 2008 Dick Wolfe State Engineer By: cc: Division Applicant :dmw1066544-F order to cancel, Strong, George 08-26-08 Dwight M. Whitehead Engineering Tech (Ground Water) Justification for Uses Not Itemized in the Zoning Resolution Site planning for the development was initiated in an attempt to identify appropriate uses that would provide the natural gas development industry with the infrastructure and land necessary to locate and operate their businesses. It is understood that many ofthe land uses that are be required today may not be as necessary in the future. Hence, planning has been conducted to identify the land uses that would be of most benefit today, as well as land uses that may be needed in the future. Not all proposed land uses within the PUD are currently recognized in the underlying AIR./RD zone district. However, the subject land uses are identified in the proposed new land use regulations currently under review by the Board of County Commissioners as being appropriate for what would become the zone district now known as A/RIRD. In order that we may propose a development that meets the needs of today and attempt to meet future, potential needs, a few additional land uses are proposed. Specifically, those uses are: Materials lab and testing and Warehouse and Distribution Center. Materials lab and testing is a wholly integrated use into the industrial nature of the development and would conform exactly with the purposes ofthe development. The Warehouse and Distribution Center provision recognizes the likely evolution of land uses in the area, as they transition from natural gas development support to something else in the future. The subject property enjoys over 1500 feet of frontage adjacent to the Union Pacific railroad corridor and would make an excellent, possible shipping point sometime in the future. Staff has recommended these proposed uses be justified using the criteria contained in Section 5.03.09 of the Zoning Resolution, to wit: Uses Not Itemized: Upon application or on its own initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the following special findings: 1 J Such use is appropriate to the physiographic and general environmental character of the District to which it is added; Response: The general physiographic and environmental character of the area within the zoning district has been transitioning to commercial and industrial, with all adjacent land uses being industrial in nature. The adjacent railroad corridor provides an excellent opportunity to provide a land use that may be advantageous in the future. 2.1 Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added; Response: Within the framework of the underlying, ATR/RD zone district, the proposal for a materials testing lab and the warehouse and distribution center would not result in any environmental degradation. Within the framework of the proposed PUD and the existing character of the area, the land uses would not create any out of character uses and would fit perfectly into the commercial and industrial character of the area. 3] Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resultingfrom the other uses permitted in the district to which it is added; Response: The proposed material testing lab would not result in any of the offensive effects mentioned above. The proposal for adding the warehouse and distribution center is categorized as a Special Use within the PUD Guide. Hence, if the land use is proposed sometime in the future, the relative impacts expected to be caused by the use would be fully reviewed prior to permitting and operation of the use, 4] Such use is compatible to the uses existing and permitted in the district to which it is added. If the County Commissioners approve the zone text as submitted in the proposed new land use regulations, it would be making a determination that indeed the uses are compatible. However, outside of this determination, when considering the area in which the uses are proposed, a finding of compatibility can be made. Again, the area has transitioned to one that provides services and land for the natural gas industry and, when evaluated for future comprehensive planning purposes, it is expected the are would very likely be designated as being ripe for rezoning to commercial and industrial. DECLARATION of PROTECTIVE COVENANTS FOR STRONG SUBDIVISION PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of 2008 UNA Development, LLC., a Colorado limited liability company ("Initial Owner"), RECITALS A. Initial Owner owns all of the real property interests legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Property"), Initial Owner wishes to develop the Property as a high quality, aesthetically pleasing and harmoniously designed Planned Unit Development (the "Development"). The law which generally governs developments similar to the Development is the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the same may be amended from time to time (the "Act"). Under the Act, the Development would be considered a "common interest community" (as such term is defined in the Act) of the type known as a "planned community" (as such term is defined in the Act) because portions of the Property are designated for separate ownership by individuals or entities and the remainder of the Property is designated for ownership by the "Association" (as such term is defined in Section 1.03 hereof). B. Under the provisions of Section 38-33.3-116 of the Act, a planned community which only "units" (as such term is defined in the Act) are restricted to nonresidential use and which is not subject to any "development rights" (as such term is defined in the Act) is subject only to the provisions of Sections 38-33.3-105,38-33.3-106 and 38-33.3-107 of the Act unless the "declaration" (as such term is defined in the Act) provides that the entire Act is applicable. In Section 4.01 hereof, the units are restricted to nonresidential use and in Section 1.06 hereof, Initial Owner declares that Initial Owner is not reserving development rights in this instrument. Initial Owner further declares that it is initial Owner's intention that the entire Act shall not apply to this instrument or the Development although specific provisions of the Act may be incorporated Into this instrument by express reference herein so as to apply to the Development ARTICLE 1 DECLARATIONS 1.01: General Purposes. lnitial Owner desires to establish a means to ensure the proper use and appropriate development of the Development by means of mutually beneficial covenants, conditions and restrictions imposed on the Development for the benefit of Initial Owner and all future owners of any portion of the Development. 1.02: Declaration. To further the purposes expressed in Section 1.01 hereof, Initial Owner, for itself and its successors and assigns, hereby declares that the Property shall, at all times, be owned, held, used and occupied subject to the provisions of this instrument, to the covenants, conditions and restrictions contained herein and to all amendments and supplements hereto. 1.03: Name of the Development and Name of the Association. Initial Owner declares that the name of the Development Strong Subdivision Planned Unit Development and that the name of the 'unit owners association" (as such term is defined in the Act) organized to govern and administer the Development is Strong Subdivision Owners Association, a Colorado nonprofit corporation (the "Association") 1.04: Location and Type of Development. Initial Owner declares that all of the Development is situated in Garfield County, Colorado and that the Development is a planned community for the reasons set forth in the Recitals. 1.05: No Declarant. Initial Owner is entering into this instrument in its capacity as owner of the Property and declares that it is Initial Owner's intention that Initial Owner shall not be considered a "declarant" (as such term is defined in the Act) and, accordingly, Initial Owner shall not have either the rights or obligations of a declarant under the Act except the obligation to deliver a copy of this instrument as recorded to the Assessor of Garfield County, Colorado set forth in Section 38-33.3-105 of the Act. This instrument does, however, create certain rights and obligations of Initial Owner with respect to the Development which are similar to rights and obligation of a declarant under the Act, but the rights and obligations of initial Owner are governed by the "Declaration" (as such term is defined in Section 2.07 hereof) and not by the Act. 1.06: No Development Rights. initial Owner declares that it is Initial Owner's intention that Initial Owner does not reserve any development rights which would include the rights to: (a) add real estate to the Development; (b) create additional units, or "common elements" or "limited common elements" (as such terms are defined in the Act) within the Development; (c) subdivide units or convert units into common elements or (d) withdraw real estate from the Development. ARTICLE 2 In addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein; CERTAIN DEFINITIONS 2.01: Articles. "Articles" shall mean the articles of incorporation of the Association as the same may be amended from time to time. 2.02: Board of Directors. "Board of Directors" shall rnean the governing body of the Association which is the "executive board" of the Association (as such term is defined and used in the Act). 2.03: Budget. "Budget" shall mean the plan for each fiscal year of the Association for the payment of current Common Expenses, for the reservation of funds for the payment of future Common Expenses and for obtaining the funds required for such payments to be adopted by the Association in accordance with the provisions of Section 8.01 hereof. 2.04: Bylaws. "Bylaws" shall mean the bylaws of the Association in effect form time to time 2.05: Common Area. "Common Area" shall mean the real property identified as rights-of-wav and easements on the Plat which is intended for ownership by the Association. 2.06: Common Expenses. "Common Expenses" shall mean expenditures made or liabilities incurred by or on behalf of the Association in the performance of its duties under the Declaration, the Articles, the Bylaws or the Rules, whether or not the same may be expressly declared to be Common Expenses. 2.07: Declaration. "Declaration" shall mean this instrument, the Plat and all amendments and supplements to this instrument and the Plat hereafter recorded in the real property records of Garfield County, Colorado. 2.08: Design Guidelines. "Design Guidelines" shall mean the design guidelines for the Development set forth on Exhibit B attached hereto and by this reference incorporated herein. 2.09: Easement. "Easement" shall mean the easement created pursuant to the provisions of Section 3.02 hereto. 2.09: First Lienor. "First Lienor" shall mean: (a) a Lienholder holding a Security Interest encumbering any portion of the Development which is recorded after the date of recording of this instrument and (b) a Lienholder holding a Security Interest encumbering a Parcel which is recorded after the date of recording of this instrument and which has priority over all other Security interests encumbering such Parcel, 2.10: Guest. "Guest" shall mean any individual who is present at the Property at the express or implied invitation of an Owner including, without limitation, friends, relatives, agents, contractors, employees, tenants or business invitees of an Owner. 2.11: Improvements. "Improvements" shall mean all buildings, structures, fences walls, parking areas and landscaped areas located on a Parcel, including all utility facilities and equipment located on that Parcel which serve only that Parcel and all other improvements which are constructed on that Parcel. 2.12: Lienholder. "Lienholder" shall mean: (a) the holder of a Security Interest encumbering any portion of the Property which is recorded on the date of this instrument and (b) the holder of a Security Interest encumbering a Lot which is recorded after the date of this instrument without regard to the priority of such Security interest with respect to all Security Interests encumbering the same Parcel. A First Lienor is also a Lienholder. 2.13: Parcel. "Parcel" shall mean any parcel of land designated as a Parcel on the Plat and which is intended for separate ownership by an Owner. Each parcel is identified by the number of such Parcel shown on the Plat. An individual Parcel may be referred to in the Declaration by such Parcel's number as shown on the Plat. A Parcel constitutes a unit as such term is used in the Act. 2.14: Owner. "Owner" shall mean any individual or any corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Parcels according to the real property records of Garfield County, Colorado. Initial Owner is the initial owner of all of the Lots. 2.15: Plat. "Plat" shall mean the Final Plat of the Strong Subdivision Planned Unit Development, recorded _ 2008, at Reception Number of the real estate records of Garfield County, Colorado, and all amendments and supplements thereto, thereafter recorded in the real estate records of Garfield County, Colorado. 2.16: Rules. "Rules" shall mean the rules and regulations in effect from time to time as adopted by the Board of Directors in the manner set forth in the Declaration or pursuant to the Articles and Bylaws. 2.17: Security Interest. "Security interest" shall mean an interest in real estate or personal property created by contract or conveyance securing payment or performance of an obligation which encumbers any portion of the Property and is recorded on the date of this instrument or which encumbers a Lot and is recorded after the date of this instrument. A Security Interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.18: Sharing Ratio. "Sharing Ratio" shall mean the "allocated interests" (as such term is defined in the Act) of each Lot which is equal to the fraction of one-fifth (1/5). The Sharing Ratio is utilized, among other wings, to determine the fractional interest of the total liability for assessments for Common Expenses allocated to a Parcel pursuant to Section 8.05 hereof. The formula utilized to determine the Sharing Ratio of each Parcel is to allocate the total liability for Common Expenses and the total votes in the Association equally to each. Parcel. ARTICLE 3 PROPERTY RIGHTS 3.01: Parcels and Common Area. (a) The Plat divides the Property into five (5) Parcels and the Common Area. Initial Owner has not reserved the right to add additional Parcels to the Development so that the maximum number of Parcels which may be made subject to the Declaration is five (5). (b) Initial Owner shall convey the Common Area to the Association after the recording of this instrument but in any event prior to the conveyance of all Parcels to Owners other than Initial Owner. Such conveyance of the Common Area shall be made by a special warranty deed free and clear of all encumbrances except those matters set forth on Exhibit C and by this reference incorporated herein. (c) All Owners shall have a right and easement of enjoyment in and to the Common Area for the purposes for which the Common Area were designed, which right and easement shall be appurtenant to and shall pass with the title to the Parcels. Such use by an Owner shall be in common with all other Owners without hindering, impeding or imposing upon the rights of the other Owners and in accordance with the provisions of the Declaration and the Rules. Any Owner may delegate such Owner's right to use, benefit from and enjoy the Common Area to such Owner's Guests; provided, however, that such Owner shall be responsible for damages caused by any such Guest and for the violation by any such Guest of the provisions of the Declaration, the Articles, the Bylaws or the Rules in connection with the usage of the Common Area by any such Guest. 3.02: Easement. Initial Owner hereby makes, establishes, declares, grants and reserves a blanket easement in favor of each Owner and any governmental, quasi -governmental or private entity providing utility services to any Parcel, over, under, across, upon, and through the Common Area for installing, replacing, repairing, maintaining and providing all utility services to the Improvements located on a Parcel, including, without limitation, water, gas, electric, storm sewer, sanitary sewer, cable television, satellite communications and telephone services. By virtue of this grant of easement, it shall be expressly permissible for the providing entity to erect and maintain the necessary facilities and equipment in the Development. Any entity providing such utility services shall be responsible for any damage caused by such entity to the Development while utilizing the Easement created by this Section 3.02(a) and for any costs incurred by the Association as a result of such damage and shall be further required to promptly repair or restore any portion of the Development disturbed or damaged by such entity's utilization of the Easement created by this Section 3.02(a). The Easement created by this Section 3-02(a) shall be appurtenant to each Parcel so that a transfer of title to any interest in such Parcel shall automatically transfer a proportionate interest in such Easement. 3.03: Title to Parcels. Title to a Parcel may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Parcel in which such Owner owns an interest. 3.04: Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Parcel shall legally describe it substantially as follows: "Parcel _ Strong Subdivision Planned Unit Development, according to the Plat for Strong Subdivision Planned Unit Development recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado and subject to the Declaration for Strong Subdivision P.U.D recorded , 2008 at Reception No. of the real estate records of Garfield County, Colorado." Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber, lease or otherwise affect not only the Parcel, but also the interest in the Easement made appurtenant to such Parcel by the Declaration. The interest in the Easement made appurtenant to any Parcel shall be deemed conveyed or encumbered with that Parcel, even though the legal description in the instrument conveying or encumbering such Parcel may only refer to that Parcel. The reference to the Declaration in any instrument shall be deemed to include any supplements or amendments to the Declaration, without specific reference thereto. 3.05: Separate Assessment. Initial Owner shall give written notice to the Assessor of Garfield County, Colorado requesting that the Parcels be separately assessed and taxed and that the total value of the Common Area be assessed and taxed proportionately with each Parcel in accordance with such Parcel's Sharing Ratio as provided in Section 38-33.3-105 of the Act. After this instrument has been recorded in the real estate records of Garfield County, Colorado, Initial Owner shall deliver a copy of this instrument as recorded to the Assessor of Garfield County. 3.06: Use Compliance. The use of the Parcels shall comply with: (a) the terms, conditions and obligations set forth in the Declaration; (b) the matters set forth on the Plat; (c) the terms, conditions and obligations set forth in the documents described in Exhibit C attached hereto; and (d) all present and future laws, rules, requirements, orders, directions, ordinances and regulations (including zoning regulations) affecting the Parcels of any governmental authority having jurisdiction over the Parcels and of their departments, bureaus or officials. 3.07: No Partition of Parcels. No Owner may assert any right of partition with respect to such Owner's Parcel. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Parcel. This Section 3-07 shall not, however, limit or restrict the right of the Owners of a Parcel to bring a partition action pursuant to Article 28 of Title 38 of Colorado Revised Statutes requesting the sale of the Parcel and the division or the proceeds among such Owners; provided that no physical division of the Parcel shall be permitted as a part of such action and no such action shall affect any other Parcel or the Common Area. 3.08: Encroachments. if any part of any Improvement intended to be constructed entirely on a particular Parcel now or hereafter encroaches upon any portion of another Parcel or the Common Area as a result of construction of such Improvement or as a result of the settling or shifting of such Improvement, a valid easement for the encroachment and for the maintenance of the same shall exist so long as such Improvement stands. in the event any Improvement shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings, and then rebuilt, encroachments of parts of such Improvement intended to be constructed entirely on a particular Parcel upon any portion of another Parcel or the Common Area due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as such Improvement shall stand. 3.09: No Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Parcel or any labor to be performed therein or thereon, no Owner of any other Parcel shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. AH such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialman's and other persons furnishing labor or materials to such Owner's Parcel. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Area or any Parcel other than that of such Owner with any mechanic's or materialman's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Parcel for work done or materials furnished to any other Owner's Parcel is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Parcel or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within 20 days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, Bosses or damages, including reasonable attorneys' fees resulting therefrom. 3.10: No Dedication. Nothing contained in the Declaration (which includes the Plat) shall be deemed a grant or dedication of any portion of the Development to the public or for public use unless such grant or dedication is expressly provided for in the Declaration. ARTICLE 4 RESTRICTIONS 4.01: Use Restrictions. (a) The use of all Lots shall be restricted to nonresidential uses and shall be governed by the Planned Unit Development Guide for Strong Subdivision which was recorded , 2008, at Reception No. of the real estate records of Garfield County, Colorado, as the same may be amended from time to time. Without limiting the generality of the foregoing, the following uses shall be permitted on alt Lots: (1) Business Offices associated with any categorized use; (2) Contractor Yard; (3) Fabrication; (4) General Storage; (5) Storage of Heavy Equipment; (6) Storage of Oil and Gas Drilling Equipment and Supplies; (7) communication Facility; (8) Solar Power Generating System; (9) Materials Lab and Testing; (11) Material Handling; (12) Processing; (13) Warehouse and Distribution Center; and (14) Concrete and Asphalt Batch Plant(s). (b) An Owner shall have the right to lease such Owner's Parcel upon such terms and conditions as such Owner may deem advisable; provided, however, that: (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of the Declaration; (ii) a Parcel may be leased only for the uses and occupancies described in this Section 4.01 hereof; and (iii) any failure of a lessee to comply with the terms of the Declaration, the Articles, the Bylaws, or the Rules shall constitute a default by such Owner under the applicable document. 4.02: Signs. (a) An Owner shall have the right to place no more than one monument sign per Parcel and one wall sign per business on a building identifying the business within that building on such Owner's Parcel. No signs of any kind or nature shall be placed on any portion of the Development by any Owner without the prior written approval of the Board of Directors of the design of any proposed sign in accordance with the provisions of Article 5 hereof, which approval may be granted or withheld by the Board of Directors based upon the Design Guidelines and the standard that all signs must be compatible with the architecture of the Development. (b) Initial Owner shall be entitled to place a monument sign which identifies the Development on the Common Area at Initial Owner's expense, but such sign shall be maintained by the Association and the costs of maintenance of such sign shall be a Common Expense. The Association shall have the right to cause no trespassing signs, signs concerning traffic and parking regulations, signs which identify the Development or other signs concerning the administration and management of the Development to be placed on the Common Area and such signs shall be a Common Expense. All such signs shall conform with the Design Guidelines. 4.03: Service Yards and Fuel Storage. Each Parcel must maintain perimeter fencing. No storage shall be permitted outside of the enclosed service yard. No above ground storage of fuel tanks shall be permitted on any Parcel, unless approved by the Board of Directors and unless such storage provides for a spill containment area with a volume of at least 110 percent of the storage amount. No items of any kind shall be stored on any portion of the Common Area. 4.04: Trash. No trash shall be stored outside on a Parcel unless it is placed in a covered trash container which is located within an enclosed service yard. No refuse may be dumped or buried underground on any Parcel. No items of any kind shall be dumped on any portion of the Common Area. 4.05: Vehicles. No parking shall be permitted on any portion of the Common Area and no vehicles shall be parked on any portion of a Parcel, except within a building located on the Parcel or the area of the Parcel designed for parking. No inoperable vehicles will be allowed to be stored, long-term on any Parcel. 4.06: Animals. No animals shall be raised, bred, kept or regularly brought to the Development except for dogs or other animals which are trained to and are in fact assisting persons with disabilities and except for dogs which may be brought to the Development by an Owner if the conditions set forth in this Section 4.06 concerning dogs are met. The keeping of livestock, poultry, goats and other farm animals shall not be allowed. If an Owner desires to bring a dog to the Development, such Owner may do so only if there are adequate facilities, such as a fenced yard, dog run or kennel, to contain the dog. All dogs must be in direct control of the person bringing the dog to the Development or kept within a fenced yard, dog run or kennel and no dogs will be allowed to run at large in the Development. No contractor or subcontractor shall be allowed to bring dogs to the Development during the course of construction of the Improvements on a Parcel, with the exception of bird feeders, the feeding baiting, salting or other means of attracting wildlife is not permitted in the Development. 4.07: No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Development nor shall anything be done or placed on any part of the Development which is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Development which are or might be unsafe or hazardous to any person or property. No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Parcel shall be permitted. 4.08: No Imperiling of Insurance. No Owner, no Owner's Guests, nor any lessee shall do anything or cause anything to be kept in or on the Development that might result in an increase in the premiums of insurance obtained by the Association or which might cause cancellation of such insurance without the prior written consent of the Board of Directors first having been obtained. 4.09: No Violation of Law. No Owner, no Owners Guests, nor any lessee shall do anything or keep anything in or on the Development which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.10: No Resubdivision, No Parcel shall be resubdivided into smaller tracts or lots. 4.11; Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth. 4.12: Solar Applications. The installation or use of either active or passive solar equipment shall not be prohibited or restricted solely on the basis of aesthetic considerations, unless such considerations are reasonable and do not significantly increase the cost of such installation or use. 4.13: Temporary Structures. Occupancy and Incomplete Structures. No temporary structures or office trailers shall be allowed on any Parcel other than in connection with and during the period of construction, alteration or demolition of the improvements on a Parcel. No space or area of any improvement on a Parcel shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space or area. No partially completed structure shall be allowed to remain on a Parcel, except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence. 4.14: Variances. The Board of Directors shall be entitled to grant reasonable variances to the restrictions contained in this Article 4 in order to prevent undue hardship to any Owner or for any other good cause shown to exist by an Owner. Any such variance may be granted upon any such conditions as the Board of Directors shall determine. 4.15 Weeds. Weeds shall not allowed to thrive anywhere in the development. The Parcel Owner's Association shall be authorized to ensure strict compliance with this section. Individual parcel owners or their lessees shall be required to remove or eradicate weeds growing on its parcel(s). The owners association shall be responsible for weed control and eradication on all common areas. 4.16 Drainage Easements. Drainage easements shall be under the control of the Parcel Owner's Association. No parcel owner or lessee shall obstruct any drainage area or improvement that would affect the proper functioning of the drainage easement or structure. ARTICLE 5 ARCHITECTURAL CONTROL 5,01: Design Approval. Initial Owner shall not be required to obtain the approval of the Association for the design of any Improvements to be constructed on any Parcel owned by Initial Owner, but such design shall conform to the Design Guidelines. Except for such construction by Initial Owner, no Improvements may be constructed on a parcel and no modifications to the exterior of any Improvements already constructed on a parcel (including without limitation an addition to the structure or the painting of a structure a different color than previously) may be undertaken without in each case obtaining the prior written approval of the Board of Directors of the design of the proposed construction or modification. The Board of Directors shall not be required to grant approval of the design of any construction or modification which would violate the use and occupancy restrictions of Section 4.01 hereof or any other restrictions contained in Article 4 hereof. In considering each request for design approval, the Board of Directors shall be guided by the Design Guidelines and shall attempt to assure that all Improvements within the Development are architecturally compatible and in a compatible color scheme while allowing reasonable and tasteful deviations from the architectural design and style of the Development. 5.02: Approval Procedures. Whenever any Owner requests design approval from the Board of Directors, the Board of Directors may request that such Owner provide the Board of Directors with such items as the Board may reasonably request in order to inform the Board of Directors about the matter requiring approval. The Board of Directors shall not be required to take any action with respect to a requested design approval unless and until the Board of Directors receives all items reasonably requested by the Board of Directors. Once all of such items have been furnished to the Board of Directors, the Board of Directors shall have 30 days to approve the request as submitted, to approve the request with such reasonable conditions as the Board of Directors may require or to reject the request and, if the Board of Directors does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the matter approved shall be undertaken by the Owner in accordance with the items submitted to the Board of Directors and any conditions placed upon such approval by the Board of Directors. 5.03: No Liability. The Board of Directors shall not be responsible nor liable for damages because of any failure to act, disapproval nor failure to approve or disapprove any request for design approval or because of any defects in any items submitted to the Board of Directors in connection with any request for design approval. Any Owner requesting design approval by the Board of Directors by so doing agrees and covenants not to bring any action or suit to recover damages against the Board of Directors, its members as individuals, or its advisors, employees or agents or the Association and its officers and members. ARTICLE 6 THE ASSOCIATION 6.01: Membership. (a) Initial Owner shall be a member of the Association for so long as Initial Owner is the Owner of any Parcel. Each individual and each corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limned partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a parcel. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a parcel. Membership shall terminate automatically without any Association action whenever any Initial Owner or any other Owner ceases to own any parcel. Termination of membership shall not relieve or release any former member from any liability or obligation incurred by virtue of or in any way connected with ownership of a parcel or impair any rights or remedies which the Association or others may have against such former member arising out of or in any way connected with such ownership or membership. (b) The total number of votes in the Association shall be five. The votes are hereby allocated equally to each parcel so that each parcel is entitled to one vote. If there is only one Owner of a parcel, such Owner shall be entitled to cast the vote allocated to such parcel at any meeting of the members. If there are multiple Owners of a parcel and only one of such multiple Owners is present at a meeting of the members, such Owner shall be entitled to cast the vote allocated to such parcel. If there are multiple Owners of a parcel and more than one of the multiple Owners of such parcel are present at a meeting of the members, the vote allocated to such parcel may be cast only in accordance with the agreement of a majority in interest of such Owners as such agreement may be reasonably evidenced to the person presiding over such meeting. It is reasonable evidence of the agreement of a majority in interest of multiple Owners of a parcel if any one of such Owners casts the vote allocated to such parcel without protest being made promptly to the person presiding over the meeting of the members by any of the other Owners of such parcel. Each member which is a corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall from time to time designate in writing to the Association one or more individuals who may represent it at a meeting and vote on its behalf. Until the Association is notified in writing to the contrary, any action taken by any person(s) designated in writing to represent such member shall be binding upon such member. (c) The rights and obligations of members of the Association are further delineated in the Articles, the Bylaws and the Rules and each Owner is advised to obtain copies of the then current Articles, Bylaws and Rules upon becoming an Owner. (d) Each member shall comply strictly with the provisions of the Declaration, the Articles, the Bylaws and the Rules. The failure of a member to comply strictly with such provisions shall permit the Association to take the actions outlined in the Declaration, the Articles, the Bylaws and the Rules to enforce any such provisions. 6.02: Powers of the Association. (a) The Development shall be administered and managed by the Association pursuant to this Declaration, the Articles, the Bylaws and the Rules. The Association shall have all of the powers expressed in, or implied from, the provisions of Section 38-33.3-302(1) of the Ad and the provisions of the Declaration, the Articles, the Bylaws or the Rules subject, however, to the following limitations; (1) except for the power to grant easements, licenses and concessions through or over the Common Area set forth in Section 38-33.3-302(1 )(i) of the Act, the Association shall not convey or encumber the Common Area unless all Owners and all First Lienors have given their approval thereof; (ii) the Association shall be organized and operated exclusively for pleasure, recreational and other non-profitable purposes as set forth in Section 501(c) (7) of the Internal Revenue Code of 1986, as it is now or may hereafter be amended, or in any corresponding provisions of any future law of the United States of America providing for the exemption of similar organizations from income taxation; and (iii) no part of the net earnings of the Association shall inure to the benefit of any member of the Association. (b) Without limiting the generality of the foregoing, the Association shall have the power from time to time as it deems necessary and appropriate to adopt, amend and enforce the Rules in order to implement the provisions of the Declaration, including without limitation, Rules intended to promote the general health, safety and welfare of persons within the Development, to protect and preserve property and to regulate the use of the Common Area. (c) All of the Rules adopted by the Association shall be reasonable and shall be uniformly applied. The Association may provide for enforcement of the Rules through reasonable and uniformly applied fines and penalties, which shall be collectable by the Association as a charge pursuant to the provisions of Article 8 hereof. Each Owner, and such Owner's Guest, shall be obligated to and shall comply with and abide by the Rules and pay such fines or penalties upon failure to comply with or abide by the Rules. The Association shall not be responsible to any Owner or Guest for the non -observance by any other Owner or Guest of the Rules. 6.03: Board of Directors. The Board of Directors is hereby designated to act on behalf of the Association and shall be responsible for the control and management of the Association and the disposition of its funds and property; provided, however, that the Board of Directors may not act on behalf of the Association to: (a) amend the Declaration except in the instances set forth in the Declaration; (b) terminate the Development; or (c) elect directors or determine the qualifications, powers and duties, or terms of office of directors, but the Board of Directors may fill vacancies in the Board of Directors for the unexpired portion of any term, The number of directors, their terms of office and their qualifications shall be determined according to the laws. The members of the Association shall elect and may remove all directors. 6.04: Officers. The officers of the Association shall be a president, a secretary, a treasurer and such other officers as may from time to time be prescribed by the Bylaws. The terms of office of the officers of me Association and their qualifications shall also be determined according to the Bylaws. The Board of Directors shall elect and may remove the officers of the Association. ARTICLE 7 MAINTENANCE AND INSURANCE 7.01: Maintenance by Owners. Each Owner shall be responsible for maintaining in a clean, safe, attractive and sightly condition and in good order and repair all portions of such Owner's Lot and Improvements. In performing such maintenance, no Owner shall do any act or work which impairs or otherwise affects the Common Area. If, in the reasonable judgment of the Association, an Owner has failed to maintain such Owner's parcel and improvements a clean, safe, attractive and sightly condition and in good order and repair, the Association may, after 10 days' notice to such Owner, perform all work deemed necessary by the Association to place such parcel and Improvements in conformity with the foregoing standards and shall have access to such parcel and Improvements for such purposes. The Association shall be reimbursed by the Owner who or which failed to adequately maintain such Owner's Lot and Improvements for all costs of the work performed by the Association pursuant to the authorization contained in the preceding sentence in the manner set forth in Section 8.04 hereof. 7.02: Maintenance by the Association. The Association shall be responsible for maintaining all portions of the Common Area. The costs of such maintenance shall be a Common Expense. If, however, the need to perform such maintenance results from the negligence or intentional act of an Owner or such Owner's Guests, such Owner shall reimburse the Association for all costs of such maintenance in the manner set forth in Section 8.04 hereof. 7.03: Insurance. (a) The Association shall provide and keep in force the following insurance: (i) Property damage insurance on any improvements that may be constructed on the Common Area insuring against Toss by fire, lightning and the risks covered by the "all risks" endorsement of the insurer (which risks shall include at least vandalism, malicious mischief and those risks covered by a standard broad form coverage endorsement) in an amount not Tess than the full replacement cost of the insured property (without deduction for depreciation but less applicable deductibles and exclusive of the costs of land, excavation, foundations, paving and other items normally excluded from property policies) in an agreed endorsement amount. Such insurance may be carried in blanket policy form naming the Association as the insured. Any loss covered by such insurance must be adjusted with the Association whether or not the insurance proceeds with respect to that loss are payable to the Association. Such insurance proceeds shall be payable to the Association unless the Association shall have previously designated in writing an insurance trustee for that purpose, but in no event shall such insurance proceeds be payable to any Lienholder. The Association or the insurance trustee receiving such insurance proceeds shall hold such insurance proceeds in trust for the Association, the Owners and the Lienholders as their interests may appear. Such insurance proceeds shall be disbursed in accordance with the provisions of Section 9.02 hereof and the Association, the Owners and the Lienholders are not entitled to receive payment of any portion of such insurance proceeds unless there is a surplus of such insurance proceeds after such disbursements have been made. (ii) Commercial general liability insurance against claims and liability arising in connection with the ownership, existence, use, or management of the Common Area (including liability for death, personal injury and property damage) in the amount deemed sufficient by the Board of Directors insuring the Board of Directors, the Association, the managing agent (if any) and their respective employees, agents and all persons acting as agents, and the Owners (including Initial Owner). The policy of such insurance shall provide that it will also cover claims of one or more insured parties against other insured parties. (iii) Such other insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as the Association may from time to time wish to insure against. (b) All insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be issued by responsible insurance companies authorized to do business in the State of Colorado. Each policy of insurance described in Sections 7.03 (a)(i) and (ii) hereof shall contain the following provisions: (i) such policy shall not be materially modified or canceled without at least 30 days prior written notice to the Association and to each Owner and Lienholder whose or which address has been made known to the insurer; (ii) the insurer waives its rights of subrogation under such policy as to any claim against the Association, its officers, directors and employees, any Owner and members of such Owner's household and any Lienholder; (iii) each Owner is an insured person under such policy with respect to liability arising out of such Owner's membership in the Association; (iv) no act or omission by an Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void such policy or operate as a condition to recovery under such policy; and (v) if, at the time of loss under such policy, there is other insurance in the name of an Owner covering the risk covered by such policy, the Association's policy shall provide primary insurance. If the insurance described in Sections 7.03 (a)(i) and (ii) hereof is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefor having been obtained, the Association promptly shall cause notice of such fact to be hand delivered or sent prepaid by United States mail to all Owners and to all Lien holders whose or which address has been made known to the Association. (c) Each Owner shall be solely responsible for obtaining and maintaining any insurance covering loss or damage to any Improvements located on such Owner's parcel and to any personal property on such Owner's parcel and covering liability for injury, death or damage occurring on such Owner's parcel. Any policy of such insurance shall contain waivers of subrogation as to any claim against the Association, its officers, directors and employees, any Owner and such Owner's Guests and any Lienholder and shall be so written that the liability of the insurers issuing insurance obtained by the Association shall not be affected or diminished thereby. (d) The costs of obtaining and maintaining all insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be a Common Expense to be prorated among all Owners as set forth in the Declaration, notwithstanding the fact that the Owners may have disproportionate risk. To the extent that the Association settles claims under the insurance described in Section 7.03 hereof for damages to real property, any Owner whose or which negligence caused such Toss shall reimburse the Association for the amount of all deductibles paid by the Association with respect to such claims in the manner set forth in Section 8.04 hereof. ARTICLE 8 ASSESSMENTS AND CHARGES 8.01: Annual Assessments. (a) Until the Association establishes an annual assessment for Common Expenses for the initial fiscal year of the Association, Initial Owner shall pay all Common Expenses. The Association shall establish an annual assessment with respect to the initial fiscal year of the Association for the purpose of paying or creating a reserve for Common Expenses. The amount of the annual assessment for the initial fiscal year of the Association and for each fiscal year thereafter shall be based upon the Budget to be adopted by the Association. The Budget shall be based upon a good faith estimate of the Common Expenses to be paid or reserved for the fiscal year covered by the Budget including, without limitation, an estimate of the costs of the maintenance required to be performed by the Association pursuant to the provisions of Section 7.02 hereof during such fiscal year, an estimate of the costs of the insurance described in Section 7.03 hereof to be obtained by the Association during such fiscal year and an estimate of the amount of funds to be reserved during such year for the costs of the periodic refurbishing and replacement of those items which are to be maintained and repaired by the Association pursuant to the provisions of Section 7.02 hereof as such items wear out or become obsolete so that the costs of such periodic refurbishing or replacement may be paid through the annual assessments instead of special assessments. The annual assessment for each fiscal year shall be established only after a Budget is adopted in accordance with the provisions of Section 8.01(b) hereof. The Board of Directors may adjust the amount of an annual assessment during the fiscal year covered by such annual assessment from tinme to time as the Board of Directors may in its discretion deem necessary or advisable, but any such adjustment shall be based upon a revised Budget adopted by the Association in accordance with the provisions of Section 8.0 (b) hereof. (b) Beginning with the first fiscal year of the Association or in the event the Association desires to make an adjustment to an annual assessment previously established with respect to any such fiscal year, the Board of Directors shall adopt a proposed Budget to serve as the basis for the establishment of the annual assessment or the adjustment to the annual assessment (as the case may be). Within 30 days after the adoption of such proposed Budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of such proposed Budget to all Owners and shall set a date for a meeting of Owners to consider ratification of such proposed Budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting Owners holding 80 percent or more of the total votes in the Association reject such proposed Budget, such proposed Budget shall be considered ratified, whether or not a quorum is present. In the event such proposed Budget is rejected, the Budget last adopted by the Association shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors and the proposed annual assessment or adjustment to the annual assessment shall be based upon such continued Budget. 8.02: Special Assessments. In addition to the annual assessments authorized in Section 8.01 hereof, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant to the provisions of this Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by tile Board of Directors and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. 8.03: Payments of Assessments. All annual assessments shall be payable in equal monthly installments or, at the option of the Association, in equal quarterly installments. Each installment of the annual assessments shall be due on the first day of the period to which it relates in the amount specified in the most recent written notice from the Association until the Association notifies an Owner in writing of a different amount. At the option of the Association, special assessments may be payable in a lump sum or in quarterly or monthly installments. Each special assessment shall be due 10 days after the Association gives an Owner notice of the amount of such Owner's assessment The Association may charge and collect a late charge in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules) for any annual or special assessment which is not paid when due. In addition, the Association may charge and collect interest at an annual rate of 21 percent on any annual or special assessment which is not paid within 30 days after the due date thereof, which interest shall run from such due date until the date of payment If the Association engages an attorney to collect any annual or special assessment not paid when due, the Owner responsible for the payment of such annual or special assessment shall reimburse the Association for all costs of collection of such annual or special assessment including, without limitation, reasonable attorneys' fees. 8.04; Charges. Each Owner shall be liable for all charges with respect to such Owner or such Owner's Lot as set forth in the Declaration which include, but are not limited to, the costs to be reimbursed to the Association by an Owner pursuant to the provisions of Sections 7.01,7.02 and 7.03(d) hereof, fines and penalties for violations of the Rules as described in Section 6.02(b) hereof and the late charge described in Section 8.03 hereof. Any charge shall be payable within 10 days after notice of the amount of such charge is delivered to an Owner and, if not paid when due, shall thereafter bear interest at an annual rate of 21 percent. If the Association engages an attorney to collect any such charge not paid when due, the Owner responsible for the payment of such charge shall reimburse the Association for all costs of collection of such charge including, without limitation, reasonable attorneys' fees. Any charge collected by the Association shall be used by the Association in furtherance of its duties hereunder or to defray Common Expenses. 8.05: Liability of Owners. The liability for annual and special assessments of the Common Expenses is hereby allocated equally to each parcel so that the Owners of each parcel are liable for a portion of the total amount of the annual and special assessments for the Common Expenses equal to such total amount multiplied by such Parcels Sharing Ratio; provided, however, that the Association may allocate on a reasonable basis the liability for annual and special assessments for those Common Expenses which benefit some but not all of the parcels to the Owners of each parcel so benefited. The amount of any annual and special assessment and charges payable with respect to an Owner or such Owner's parcel shall be a personal obligation of the Owner of such parcel and such Owner's heirs, devisees, personal representatives, successors and assigns and, if there are multiple Owners of one parcel, such obligation shall be a joint and several obligation of each Owner of such parcel. Except as set forth in Section 8.06 hereof, a party acquiring fee simple title to a parcel shall be jointly and severally liable with the former Owner of the parcel for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the parcel by such party without prejudice to such party's right to recover any of such amounts paid by such party from the former Owner. No Owner shall be exempt from liability for payment of such Owner's share of the Common Expenses either by waiver of the use or enjoyment of the Common Area or Easement or by abandonment of such Owner's parcel. 8.06: Liability of Lienholders. The transfer of title to a parcel pursuant to a foreclosure of a Security Interest or pursuant to any procedure in lieu thereof shall extinguish the lien for annual and special assessments and charges against such parcel described in Section 8.07 hereof as to payments which become due prior to such transfer but only to the extent such Security Interest has priority over the Association's lien as specified in Section 38-33.3-316(2)(b) of the Act, A Lienholder shall not be personally liable for any assessment or charge payable by the Owner of the parcel encumbered by the Security Interest held by such Lienholder, but the Association agrees to accept any payment of such assessment or charge made voluntarily on behalf of such Owner by such Lienholder. 8.07: The Association's Lien. The Association shall have from the date of recording of this instrument a lien against each parcel to secure payment to the Association of all annual and special assessments with respect to such parcel and all charges with respect to each Owner of such parcel together with interest thereon at the annual rate of 21 percent from the due date thereof and together with all costs and expenses of collecting such assessments and charges including reasonable attorneys' fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a parcel except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the Security Interest of a First Lienor with respect to such parcel except to the extent specified in Section 38-33.3-316(2)(b) of the Act; (c) Gens for real estate taxes and other governmental charges against such parcel and (d) mechanic's and materialman's liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of default and claim of lien. Nevertheless, the Association may, as evidence of the Association's lien but not as a condition to enforcement of the Association's lien, record a notice of default and claim of lien executed by an officer or director of the Association and containing substantially the following information: (1) the legal description of the parcel against which the lien is claimed; (ii) the name of the defaulting Owner(s) of such parcel(s) indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and the costs of collection as of the date of such notice; (iv) a statement that the notice of default and claim of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such parcel in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. If the Association elects to file such notice of default and claim of lien, the Association shall send a copy of such notice of default and claim of lien to all Owners and all Lienholders whose or which name and address were made known to the Association of the parcel against which such lien is claimed at their addresses last known to the Association within 10 days after the recording of such notice of default and claim of lien. The Association's lien may be foreclosed in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. At its option, the Association may recover any amounts claimed to be due in a notice of default and claim of lien by an action for a money judgment. In any such foreclosure or action, the Owner(s) of the parcel subject to such foreclosure or action shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the parcel at any foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. In arty such foreclosure or action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner(s) prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure or action to the extent of the unpaid annual and special assessments and charges. 8.08; Statement of Unpaid Assessments and Charges. The Association shall furnish to an Owner of a parcel, a designee of such Owner, a Lienholder with respect to a parcel or a designee of such Lienholder, upon receipt by the Association of a written request accompanied by the payment of a fee in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules), a written statement setting forth the amount of the unpaid annual and special assessments and changes, if any, with respect to such parcel. Such statement shall be furnished within 14 calendar days after receipt of such request and fee and is binding upon the Association, the Board of Directors and every Owner. If no statement is famished to the requesting party within such 14 calendar day period, then the Association shall have no right to assert a lien upon the parcel for unpaid annual and special assessments and charges which were due as of the date of the request. 8.09; Surplus Funds. Upon the determination by the Board of Directors that surplus funds of the Association remain after payment or provision for Common Expenses and any prepayment or provision for reserves, the Board of Directors may decide either to distribute such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels or to credit such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels against their respective liabilities for future Common Expenses. ARTICLE 9 DAMAGE OR DESTRUCTION 9.01: Requirement of Repair and Restoration. In the event of any damage or destruction to any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03(a)(i) hereof, the Association shall cause such damaged or destroyed portion of the Development to be fully repaired or restored promptly after the occurrence of such damage or destruction unless such repair or restoration would be illegal under any state or local statute or ordinance governing health or safety. 9.02: Insurance Proceeds. The insurance proceeds paid to the Association as a result of the damage or destruction of any portion of the improvements located on the Common Area shall be disbursed by the Association first to the expenses of the repair or restoration of the damaged or destroyed portion of such improvements and the remainder shall be disbursed to the Owner of each parcel or the Lienholder with respect to such parcel, as their interests may appear, in accordance with the Sharing Ratio of such parcel. If the costs of the repair or restoration of the damaged or destroyed portion of the improvements located on the Common Area required by Section 9.01 hereof are in excess of the insurance proceeds paid to the Association as a result of such damage or destruction, the excess amount shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratios of their parcels. 9.03: Notice to Lienholders. Promptly after the occurrence of any fire or other casualty which causes damage or destruction of any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03 hereof and which the Association estimates will cost $10,000.00 or more to repair, the Association shall deliver written notice thereof to all Lienholders whose or which address has been made known to the Association. The delivery of such written notice shall not be construed as imposing any liability whatever on any Lienholder to pay all or any part of the costs of repair or restoration. ARTICLE 10 CONDEMNATION If all or any portion of the Common Area is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Area not so taken to be restored. The costs of such restoration in excess of the amount of the award for such taking shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratio of their parcels. The amount of the award paid to the Association as a result of any such taking which is not used for such restoration shall be disbursed by the Association to the Owner of each parcel or the Lienholder with respect to such parcel_ as their interests may appear, in accordance with the Sharing Ratio of such parcel. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.01: Enforcement and Remedies. The provisions of the Declaration which create certain rights in Initial Owner shall be enforceable by Initial Owner and the other provisions of the Declaration shall be enforceable by the Association. In enforcing the Declaration, the Association shall be entitled to utilize any of the remedies set forth in Article 8 hereof and both Initial Owner and the Association and any other party entitled to enforce the Declaration shall be entitled to any remedy at law or in equity including without limitations, an action seeking a prohibitive or mandatory injunction or damages or both. in any action for the enforcement of the Declaration, the party or parties against which or whom enforcement is sought shall pay the reasonable attorney's fees and costs, including the reasonable attorney's fees for any appeal, incurred by the party enforcing the Declaration in the amount determined by the Court if the party enforcing the Declaration is the prevailing party in such action. The issuance of a building permit or certificate of occupancy which may be in contravention of the Declaration shall no prevent enforcement of the Declaration. All cost incurred by the Association in the enforcement of the Declaration shall be a Common Expense. 11.02: Duration. The Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of Section 11.03 hereof, unless the Declaration is sooner terminated by an amendment made in accordance with the provisions of Section 11.03 hereof. 11.03: Amendment. The provisions of the Declaration which create certain rights in Initial Owner may be amended only with the prior written consent of initial Owner. Any amendment to the Declaration which proposes to terminate the Declaration or which proposes to amend the provisions of the Declaration pertaining to the Sharing Ratio of each parcel, the allocation of the liability for Common Expenses and voting rights to each parcel and the rights of Lienholders under the Declaration must be signed by all Owners and consented to in writing by all of the Lienholders whose or which name and address have been made known to the Association. The Association shall be entitled to amend the Declaration in those circumstances set forth in Section 38-33.3-107of the Act Except for the foregoing amendments, the provisions of this Declaration may be amended only by the recording of a written instrument or instruments specifying the amendment signed by the Owners who or which are entitled to vote at least 80 percent of the total votes in the Association. 11.04: Covenants Running with the Land. Each provision of the Declaration, and any agreement, promise,' covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each parcel of real property within the Development for the benefit of any other real property within the Development. 11.05: Limited Liability. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts or omissions. The liability of directors and officers shall be further limited by the provisions of Parts 4 and 5 of Article 128 of Title 7 of Colorado Revised Statutes and the provisions of the Articles and the Bylaws. Neither Initial Owner nor any member, manager, agent or employee of Initial Owner shall be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. 11.06: Successors and Assigns. Except as otherwise provided herein, the Declaration shall be binding upon and shall inure to the benefit of Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors and assigns. Initial Owner and each subsequent Owner shall be fully discharged and relieved of liability with respect to the obligations of such party under the Declaration upon ceasing to own an interest in a parcel and upon the payment of all sums and the performance of all other obligations of such party under the Declaration up to the time such party ceased to own an interest in a parcel. 11.07: Successors to Initial Owner. The following shall be successors to Initial Owner: (a) any party to whom or which Initial Owner conveys all parcels then owned by Initial Owner and assigns all rights of Initial Owner under the Declaration and who or which assumes all of Initial Owner's obligations under the Declaration; and (b) any Lienholder who or which obtains title to all parcels owned by Initial Owner through foreclosure of the Security Interest held by such Lienholder or through any proceeding in lieu of such foreclosure and who or which assumes all of Initial Owner's obligations under the Declaration. 11.08: Notices to Owners and Association. Each Owner shall register such Owner's mailing address with the Association, and except for statements for the assessments, notices of Association meetings, other routine notices and notices which may be sent in another manner in accordance with the provisions of the Declaration, all notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If an Owner fails to register such Owner's mailing address with the Association, such Owner's mailing address shall be deemed to be the address of such Owner's parcel. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the Bylaws. 11.09: Severability. Invalidity or unenforceability of any provision of the Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Declaration. 11.10: Captions. The captions and headings in the Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 11.11: Construction. When necessary for proper construction, the masculine of any word used in the Declaration shall include the feminine or neutered gender, and the singular the plural and vice versa. 11.12: Governing Law. The Declaration shall be governed by and construed under Colorado law. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC Date: By: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Acknowledged and sworn before me this day of 2008, by Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: Kathy A. Eastley From: Deborah Quinn Sent: Tuesday, October 14, 2008 6:11 PM To: Kathy A. Eastley Subject: strong subdivision/PUD Kathy, Some comments on the new information submitted (and if they are planning comments, please ignore): 1 On the PUD guide, I didn't see that the additional requirements we discussed that are applicable to uses by right in the L11 zone under 3.12.08 have been included-i.e. that they have to demonstrate compliance at the time of building permit. Maybe I missed it_It could go at the end of page 2 indicating that the performance standards of ... (Ianguage from 3.12.08) or whatever must be satisfied at the time of building permit application. It still leaves the issue of whether the PUD guide is sufficient for the uses by right that don't require a building permit. Maybe paragraph 14 on page 6 is an effort to address this, but is a "Phase One Environmental Study° a term of art? Is it required under our recently adopted amended code? 2. the PUD guide generally is really confusing because the definitions are loose, maybe conflicting sometimes. For example, under a contractor yard, since it includes office and repair facilities, does that mean it could include a body shop to repair vehicles that are used in a business providing services to clients? 3. Under general storage definition and contractor yard definition, does equipment include "heavy equipment?" 4. Under "Storage of Oil and Gas Drilling Equipment and Supplies," the definition refers to "materials and supplies" not "equipment and supplies." What is the intention here? 5. Under warehouse and distribution center, does that include the possibility of a transfer station as currently defined in our land use regs? Is that the intention? 6. Under D, Uses by Right, what is a "categorized use?" 7. Under I, are items 1 and 4 cumulative? And what about parking for uses that don't have buildings? 8. Are the fencing standards consistent with the DOW recs? The CCR's should also be consistency with these and any other recommendations received. 9. Under L, are these sign provisions consistent with our regs? CCR's also need to be consistent wl regs. 10. The performance standards are confusing because it is unclear whether the standards are meant to apply per Parcel or for the development as a whole. They should apply per Parcel being created. Again, we can/should require demonstration of compliance at building or special use permit as we do in the L11 zone, but are the standards sufficient for uses not necessitating a building or SU permit? And the issue of the cumulative noise impact from all uses on all the Parcels is still not addressed. 11. On page 5 of 7, para. 7, is not a standard, it just addresses who controls. 12. On page 6, number 9, for what purposes may parcels be combined? What is the intent here? 13. On page 7, the leasehold interests should reflect that except for Lot 1, it is the entire parcel that must be leased, which is what the covenants say. 14. On the well sharing agreement, it contemplates that the water rights will be owned by the Parcel owners Association but that the facilities will be jointly owned by all owners. My suggestion is that the Association own it all as common elements or areas and assess the owners through the association; that way there won't be the possibility of separate personal property assessments for the water system. The Association would then make all the decisions , incur the costs, maintain, etc. without the need for a separate agreement between the same people or entities who will be members of the Association. 15. Paragraph 6 of the well sharing agreement on common expenses is another reason why these expenses should be incurred by the Association and assessed to unit owners- there could be a lien for payment of assessments which is more easily collected than bringing a lawsuit for breach of the well sharing agreement. 16. Under paragraph 7, will there be meters to determine water use? Is it fair to divide it in fifths when parcel 1 is allowed more intense use? This is something the developer should consider in terms of selling the lots after subdivision, 10/14/2008