HomeMy WebLinkAbout09.0 BOCC Staff Report 02.12.2018Board of County Commissioners, February 12, 2018
Exhibits — Mountain Shadow Place Minor Subdivision
Exhibit
Number
Exhibit
1
Garfield County 2013 Land Use and Development Code, as amended
2
Staff Report
3
Mountain Shadow Place — Staff Report (dated August 14, 2017)
4
Mountain Shadow Place — Directors Determination (dated August 17, 2017)
5
Mountain Shadow Place - Subdivision Improvements Agreement
6
Mountain Shadow Place - Restrictive Covenants and Cost Sharing Agreement
7
Mountain Shadow Place — Letter of Credit
8
Mountain Shadow Place - Final Plat
9
10
REQUEST
APPLICANT / OWNER
REPRESENTATIVE
LOCATION
PROPERTY SIZE
WATER/SEWER
ACCESS
EXISTING ZONING
COMPREHENSIVE PLAN
Board of County Commissioners
February 12, 2018
DP
PROJECT INFORMATION
Execution of Final Documents from Administrative
Review and Directors Determination— Minor
Subdivision
CMH Homes, Inc. (Formerly owned by Western Slope
Welding, LLC)
David Rasmussen
The property is located directly west of Western Hills
Subdivision and northwest of the City of Glenwood
Springs with access off a private roadway and
Mountain Shadows Drive.
0.833 acre
City of Glenwood Springs / West Glenwood Springs
Sanitation District
Mountain Shadows Drive and Private Access Road
Residential Urban
Urban Growth Area — City of Glenwood Springs
L GENERAL PROJECT INFORMATION
An Administrative application was submitted for a Minor Subdivision, with a request to subdivide an
existing 0.833 acre parcel owned by CMH Homes, Inc. (formerly owned by Western Slope Welding),
LLC into three parcels. A Directors Determination was issued for the request on August 17, 2017
(See Exhibit 4). The Directors Determination is for Approval with Conditions. Since the Directors
Determination, the applicant has fulfilled the required Conditions of Approval and has submitted the
final documents for review and execution by the Board of County Commissioners.
The Applicant's request is to create three new lots from the existing 0.833 acre parcel that is located
adjacent to Western Hills Subdivision and northwest of the City of Glenwood Springs. Access to the
parcel is off Mountain Shadows Drive and a private access road. The proposal is to divide the 0.833
acre parcel into a 0.346 acre parcel (Lot 1), a 0.172 acre parcel (Lot 2), and a 0.315 acre parcel (Lot
3).
Domestic water for all Lots is proposed to be served by the City of Glenwood Springs. Wastewater
is to be served by the West Glenwood Springs Sanitation District.
Final submittal documentation for this review includes:
1. Final Plat (Exhibit 8);
2. Mountain Shadow Place Subdivision Restrictive Covenants and Cost Sharing Agreement
(Exhibit 6);
3. Subdivision Improvements Agreement including exhibits for cost estimates (Exhibit 5).
1lPa-
Mountain Shadow Place Minor Subdivision
Board of County Commissioners
February 12, 2018
4. Letter of Credit Number SLCMMSP08861 issued by US Bank in the amount of $122,480.19
(Exhibit 7).
5. Payment of School Impact Fees in the amount of $13,680.54.
As this Administrative Review requires Board signature on the Subdivision Improvements
Agreement (SIA) in addition to the Final Plat, Staff has brought this for consideration in a Public
Meeting. This Subdivision process involves completing all of the legal documents required to divide
the property and, once complete, allows for individual sale and ownership of the lots. Public
improvements are finalized with the creation of construction plans, cost estimates and the provision
of collateral to assure the completion of these improvements.
The criteria for the final approval is in compliance with the conditions of approval approved as a part
of the Minor Subdivision Directors Determination.
II. STAFF DISCUSSION
1. Improvements Agreement and Security - An Improvements Agreement is required to
determine the necessary public improvements to serve the subdivision which typically
include roads as well as utilities such electric, gas, water and sanitation. The Board of County
Commissioners is a party to this agreement. A draft Agreement that is signed by the property
owner for Board consideration is attached as Exhibit 5.
The Improvements Agreement is a document that lists the improvement via a cost estimate.
Collateral must be provided to assure completion of construction of the public improvements.
The Board of County Commissioners is the recipient of the collateral, typically in the form of
a bond or Letter of Credit held by the treasurer's office. The Applicant then requests release
of the collateral upon demonstration of completion.
The Applicant has provided a Letter of Credit as financial security for the required
improvements (see Exhibit 7). The amount and form of the security appears to meet the
requirements of the Land Use and Development Code.
2. Restrictive Covenants and Cost Sharing Agreement — Certain requirements for the
Restrictive Covenants were required as a part of the Directors Determination that have been
included in the executed document (see Exhibit 6). In addition, as there is common shared
infrastructure with this development, the Applicant has proposed including the cost sharing
requirements within this same document. The proposed "Mountain Shadow Place
Subdivision Restrictive Covenants and Cost Sharing Agreement" has been reviewed by
County legal and Community Development staff and appears to be adequate.
3. Payment in Lieu of School Land Dedication — Per the requirements of the Land Use and
Development Code, the Applicant has provided payment in the amount of $13,680.54 in lieu
of school land dedication.
V. STAFF RECOMMENDATION
It is Staff's determination that the following documents satisfy the Garfield County Land Use and
Development Code of 2013, as amended as well as all applicable Conditions of Approval from the
approved Directors Determination issued on August 17, 2017:
- Final Plat for Mountain Shadow Place Minor Subdivision;
21Page
Mountain Shadow Place Minor Subdivision
Board of County Commissioners
February 12, 2018
- Subdivision Improvements Agreement for Mountain Shadow Place Minor Subdivision and
associated security;
- Restrictive Covenants and Cost Sharing Agreement for Mountain Shadow Place Minor
Subdivision; and,
All necessary and required Impact Fees.
Staff recommends that the Board authorize the Chair to sign the Mountain Shadow Place Minor
Subdivision Final Plat and Subdivision Improvements Agreement as proposed.
3IPage
EXHIBIT
Mountain Shadows Place Minor Subdivision - Exhibits
Administrative Review (File MISA-05-17-8547)
Applicant is Western Slope Welding, LLC
August 14, 2017
Exhibit
Number
Exhibit Description
1
Public Hearing Notice Information Form
2
Receipts from Mailing Notice
3
Garfield County Land Use and Development Code of 2013, as
amended
4
Garfield County Comprehensive Plan of 2030
5
Application
6
Staff Report
7
Referral Comments from Colorado Parks and Wildlife (dated July 26,
2017)
8
Referral Comments from Garfield County Road and Bridge (dated July
24, 2017)
9
Referral Comments from Colorado Department of Public Health and
Environment (dated August 1, 2017)
10 Referral Comments from the City of Glenwood Springs (dated August
8, 2017
11
Referral Comments from the Garfield County Surveyor (dated August
8, 2017
12
Referral Comments from Mountain Cross Engineering (dated August
9, 2017)
13
Referral Comments from Glenwood Spring Fire Department (dated
August 13, 2017)
14
Referral Comments from Garfield County Public Health (dated August
14, 2017)
15
Letter from Tesia Zuba (dated August 11, 2017)
16
Referral Comments from Colorado Geological Survey (dated August
17, 2017)
Mountain Shadow Place Minor Subdivision
M ISA -05-17-8547
August 14, 2017
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
LOCATION
LEGAL DESCRIPTION
Administrative Review - Minor
Subdivision
Western Slope Welding, LLC
David Rasmussen
The property is located directly west of
Western Hills Subdivision and
northwest of the City of Glenwood
Springs with access off a private
roadway and Mountain Shadows Drive.
Section: 34 Township: 5 Range: 89 TR
IN SWSESW on a property known by
Assessor's Parcel No. 211934300006.
REQUEST Subdivision of a 0.833 acre parcel into
three parcels.
WATER/SANITATION City of Glenwood Springs / West
Glenwood Springs Sanitation District
ZONING Residential Urban
COMPREHENSIVE PLAN Urban Growth Area - City of Glenwood
Springs
I. DESCRIPTION OF THE PROPOSAL
An Administrative application was submitted for a Minor Subdivision, with a request to
subdivide an existing 0.833 acre parcel owned by Western Slope Welding, LLC into
three parcels.
The Applicant's request is to create three new lots from the existing 0.833 acre parcel
that is located adjacent to Western Hills Subdivision and northwest of the City of
Glenwood Springs. Access to the parcel is off Mountain Shadows Drive and a private
access road. The proposal is to divide the 0.833 acre parcel into a 0.346 acre parcel
(Lot 1), a 0.172 acre parcel (Lot 2), and a 0.315 acre parcel (Lot 3).
Domestic water for all Lots is proposed to be served by the City of Glenwood Springs.
Wastewater is to be served by the West Glenwood Springs Sanitation District.
II. DESCRIPTION OF THE SITE
The Applicant has provided the following description of the site.
The site is a 0.83 acres undeveloped parcel. The parcel is located south
of Mountain Shadows Drive, adjacent to the Western Hills Subdivision's
western boundary and to the east of Chalet Village. The parcel is legally
accessible to the north by a right of way easement that is a direct
extension of Mountain Shadows Drive. The county owned portion of
Mountain Shadows Drive ends at the western boundary line of the
Western Hills Subdivision. The aforementioned access easement was
dedicated to use as a right of way for the Applicant parcel and also
services all Chalet Village properties and the Starr property directly north
of the easement.
This parcel slopes from north to the south, with the steepest part being
a narrow section at the very north of the property then easing into a
gentler grade on the southern end of the parcel. The northern property
line of the parcel is about 35 feet higher than the southern property line.
The north and northwestern areas of the parcel contain slopes of
approximately 15-25% grade. The remainder of the parcel contains
slopes of 1-15% grade generally sloping to the south. There is an
irrigation ditch on the southernmost part of the parcel that is owned by
Reynolds and Cain Ditch Company. The parcel is mostly void of
vegetation. There are some trees located along the western boundary
of the parcel. There is currently an access drive that exits by way of the
northwestern boundary; this will reconstructed as part of the subdivision
improvements.
All access to necessary utilities are located on or around the parcel. A
sewer line belonging to the West Glenwood Sanitation District runs
along the western and southern edges of the parcel. The City of
Glenwood has a water main located under Mountain Shadow Road
north of the parcel. Black Hills Energy has a gas main located under
Mountain Shadow Road north of the parcel. The City of Glenwood
Electrical System has electrical lines by the southeast corner of the
parcel.
2
Vicinity Map
Subject.
Parcel
3
Aerial View of Subject Property
4
Site Plan
-4 W
0
N r
� IE
z 1'
a
� E
B P E■6
Ili!
[ 1 � 6 111
3e
OF313�B��OOpDE#p�Eil1B{��
YriO■O111Q110000011
1
'.
t .s.:i..._..
.„
a...t..ww ...01.
5
III. WAIVER REQUESTS FROM STANDARDS
The Applicant has requested a Waiver from the following Sections. A discussion on this
request is described further in this Report.
Section 7-207(F)(1), Slope Development
- Section 7-107(F), Roadway Standards (Minimum Radius and Right of Way
Width)
IV. AUTHORITY — APPLICABLE REGULATIONS
A. Section 5-301 of the Land Use and Development Code (LUDC), designates the
division of land that creates no more than 3 parcels, is served by a private well or water
supply entity and does not require the extension, construction, or improvement of a
County right-of-way, as requiring Administrative Review.
B. Section 4-103 of the LUDC sets forth the Administrative Review Procedures by
which the current Application is being considered.
C. Article 7 of the LUDC sets forth General approval standards in Division 1,
General Resource Protection Standards in Division 2 and Site Planning and
Development Standards in Division 3. Minor Subdivisions are also subject to Section
5-301(C) and 5-402(F). The standards are addressed in the Application submittals and
in the Staff Analysis section of the Staff Report.
V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC. One written public comment letter has been
received (See Exhibit 15). Referral Comments received on the Application are attached
as Exhibits and summarized below:
A. Garfield County Consulting Engineer, Mountain Cross Engineering (See Exhibit 12):
The following comments were submitted.
• The Fire Marshal should review the turning movements and provide final
approval. The minimum fire truck turning radius is listed as larger than the radii
that is shown on the plans.
• The Applicant should discuss if the proposed access road IS intended to provide
access/connection to the neighboring property to the west of the proposed
development.
• The Applicant should discuss how the two parking spaces to the north of the
drive will be reserved for Lot 3, as proposed.
• The Applicant should discuss how the driveway wall be maintained during the
winter. The 10% grades of two switchbacks could make this road impassable
during winter conditions. Guard -railing may be warranted. The Applicant should
provide further information.
6
• The Applicant should provide more information on the roadway surface that is
planned. Gravel would not withstand 10% slopes.
• The Applicant shows 16' wide roadway surface (two 8' lanes). The Fire Marshal
seems to require 20' wide in their email. The Applicant should clarify.
• The discussion on the detention pond seems to state that restriction of flows is
impractical and only volume would be provided. This is agreed for the 2 -year
storm. The engineer for the Applicant should evaluate this statement for
applicability for the 25 -year storm. Restrictions of developed flows for larger
storms may be more practical.
• There are other public improvements proposed than are listed in the Engineers
Estimate. This should be revised to include such items as storm drainage, road
construction, and erosion control.
B. Garfield County Road and Bridge (See Exhibit 8): The following comments were
submitted.
• "Garfield County Road & Bridge has reviewed this application. The proposed
project is using a shared private access easement at the end of Mountain
Shadows Drive. Road & Bridge have no concerns with this access."
C. Colorado Department of Public Health and Environment (CDPHE) (See Exhibit 9):
The following comments were submitted.
• "The Colorado Department of Public Health and Environment has no comment
on the Mountain Shadows Place Minor Subdivision File No. MISA-05-17-8547.
However, we do recommend that the contractor comply with all state and federal
environmental rules and regulations. This may require obtaining a permit for
certain regulated activities before emitting or discharging a pollutant into
the air or water, dispose of hazardous waste or engaging in certain regulated
activities."
D. Colorado Parks and Wildlife (See Exhibit 7): The following comments were
submitted.
• "Colorado Parks and Wildlife (CPW) has reviewed the application materials for
the subdivision of a 0.833 acre parcel located on Mountain Shadow Drive in West
Glenwood Springs. This parcel is surrounded by existing residential
developments and wildlife impacts resulting from the proposed activity are
anticipated to be negligible.
However, CPW does consider this a high bear activity area and suggests that
any new developments utilize all measures to eliminate bear attractants and
reduce human -bear conflicts. Recommendations from CPW include the
following:
1. Require new residents to use bear -proof trash containers, or create a bear -
proof centralized trash pick-up location.
2. Encourage new residents to follow "bear aware" practices including: feeding
pets indoors and storing pet food indoors, cleaning BBQ grills after use, removing
7
bird feeders during summer months and/or at night, only placing trash out on
morning of pick-up, not composting food waste outside, etc.
3. Prohibit fruit, berry, and nut producing trees and shrubs from landscaping
plans.
Eliminating attractants and being "bear aware" is imperative for reducing conflicts
and avoiding habituation of bears to urban environments."
Colorado Geological Survey (CGS) (See Exhibit 16)
CGS provided the following comments:
Colorado Geological Survey has reviewed the Mountain Shadow
Place minor subdivision referral. I understand the applicant
proposes three residential lots on 0.83 acre located west of 388
Mountain Shadow Drive. No geologic or geotechnical information
was included with the available referral documents. A Master
Drainage Report for Mountain Shadow Subdivision (Sopris
Engineering, LLC, May 17, 2017) includes NRCS Soil Survey
information, but soil survey data is considered valid for only the
uppermost five feet below the ground surface.
CGS visited the site on August 1, 2017. We did not observe any
surface conditions that would preclude the proposed residential
use and density. According to available geologic mapping, the
site is underlain by geologically young debris fan deposits that
have accumulated at the base of the slopes to the north and
northwest. The slopes are not large, and the site appears to be
located a sufficient distance from the base of the slopes that a
debris flow hazard analysis is not required. CGS therefore has
no objection to approval of the three -lot subdivision as
proposed. However, we have several comments:
Hydrocompaction and subsidence due to dissolution of
gypsiferous material. The site soils are derived from and
underlain by, at an unknown depth, Eagle Valley Evaporite
containing the soluble minerals gypsum, anhydrite, and halite.
The surficial debris fan deposits are likely to be loose, low density,
low strength, and hydrocompactive, meaning they can lose
strength, settle, compress, or collapse under loading and/or when
water infiltrates the soils. Thick columns of compressible or
collapsible soils can result in very significant settlement and
structural damage. Sinkholes, subsidence, ground deformation
and settlement due to collapse of solution cavities and voids are
active processes in the Roaring Fork Valley, and are an
unpredictable risk that should not be ignored.
8
❑ Lot -specific geotechnical investigations consisting of drilling,
sampling, lab testing and analysis will be needed, once building
locations have been identified, to: determine the thickness and
extent to which the soils beneath each proposed structure are
subject to settlement or collapse under loading and/or wetting;
characterize soil and bedrock engineering properties such as
density, strength, water content, swell/consolidation potential and
bearing capacity; determine depths to groundwater, bedrock, and
any impermeable layers that might lead to development of a
perched water condition; determine the feasibility of full -depth
basements, if planned; and provide earthwork, foundation, floor
system, subsurface drainage, and pavement recommendations
for design purposes. It is imperative that grading, surface
drainage, and subsurface drainage are correctly designed,
constructed and maintained to prevent wetting of potentially
collapsible and expansive soils surrounding foundation elements.
❑ If conditions indicative of subsidence or sinkhole formation are
encountered during site investigations or construction, an
alternative building site should be considered or the feasibility of
mitigation alternatives should be evaluated.
❑ Techniques such as engineered, rigid foundation design,
geotextile ground reinforcement, and/or strain isolation trenches
should be considered to reduce subsidence -related risks.
❑ Current and future owner(s) should be made aware of the
potential for sinkhole development, since early detection of
building distress and timely remedial actions are important factors
in reducing the cost of building repairs should an undetected
subsurface void start to develop into a sinkhole during or after
construction.
F. Glenwood Springs Fire Protection District (See Exhibit 13):
The Fire District provided the following comments:
• The Fire engine turn around needs to be reviewed with the
engineer.
• The road may work if reduced below the preferred two 10' wide
lanes as long as it is 18' wide with a 1' gravel shoulder on each
side.
• Road needs to be all-weather. Gravel will not hold up as an all-
weather road with a 10% grade.
• The grade of the road needs further review.
• Fire sprinklers will be required because of the road grade and
limited water flow in the area.
9
G. City of Glenwood Springs (See Exhibit 10):
The City of Glenwood Springs referred to their Can and Will Serve Letter for water
service to the parcels and indicated that they have not further comments on this
development.
H. Garfield County Surveyor (See Exhibit 11):
The Garfield County Survey provided the following comment: "Please include the
annotated distance from the Southeast corner of Lot Two to the nearest property
corner."
I. Garfield County Public Health (See Exhibit 14):
The Garfield County Public Health Department provided the following comments:
I have reviewed the application for the Mountain Shadows Subdivision
in Glenwood Springs and did not identify any environmental health
concerns to recommend as conditions of approval as the site has
adequate water and sewer plans in place and has also addressed storm
water runoff from the property. However, there are a few items our office
would like to suggest with regards to residential developments:
- Homes constructed on the subdivided lots should be constructed using
radon resistant new construction (RRNC) standards. Radon is very
prevalent in Glenwood Springs, with nearly half of homes at levels above
the "action limit" of 4 picocuries per liter of air (pCi/L). New construction
standards make radon mitigation much easier than retroactively doing
the work on an existing home. See the EPA website for more
information.
- Despite the low runoff potential from the properties, potentially
hazardous materials such as paints, oils, pesticides, or fertilizers should
be stored properly to prevent them from entering groundwater supplies.
J. Email from Tesia Zuba (See Exhibit 15):
Concerns regarding traffic volumes and vehicle speeds on Ponderosa Drive.
Comments have not been received from the following agencies and departments:
Garfield County Vegetation Management, and CDPHE.
10
VI. STAFF ANALYSIS
Article 7, Division 1: General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
The development on the property is in general conformance with the dimensional
standards for the Residential Urban zone district. The minimum lot size in the
Residential Urban zone district is 7500 Sq. Ft. while the smallest lot proposed is 7504
Sq. Ft.
The Applicant has provided the following explanation and points of discussion regarding
zoning compatibility.
The site is located in the County's Residential Urban "RU" District. The
proposed subdivision is in compliance with the Zone District, lot and
building requirements, intent statement, use and general restrictions and
measurements contained in Article 3 (Zoning) of the LUDC. Buildings for
each of the lots have not been designed as of this time but our intention
is the build modular homes constructed off site that meet Garfield
County's building code standards. Any construction would take place
within the building setbacks shown on the site plan. The lot areas were
chosen for their relatively flat nature.
The proposed plat and site planning document verify compliance with the Zone District
Use Regulations and Article 3. It is worth nothing that a strip of land 6.94' feet wide has
been identified as not being owned as a result of a past surveying error. To correct the
gap, it is understood that the process could take up to several years to correct. As a
result, the subdivision has been designed with the boundary on the west side of this gap
area and it is not considered a part of the development. Should the property owner work
through the process to determine ownership of this gap, then the development will
remain in compliance with the Standards in Article 3.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with
IGAs
Garfield County has an Intergovernmental Agreement (IGA) for Development Review
with the City of Glenwood Springs as signed on May 7th, 2001 (Reception number
580572). This IGA designates this development as an "Other Development Application".
The subject parcel is approximately 230 feet from the City of Glenwood Springs
boundary at the nearest point. Consistent with the IGA, County staff referred this
application to the City who indicated that they have no comments on the application
aside from those expressed in the can and will serve letter for connections to City water.
The Comprehensive Plan 2030 designates the site as Urban Growth Area as it is within
the City of Glenwood Springs Urban Growth Boundary. Excerpts from the Land Use
11
Description Section Chapter 2 and Chapter 3 - Section 1, Urban Growth Areas and
Intergovernmental Coordination, as well as the City of Glenwood Springs
Comprehensive Plan are provided below.
Garfield County Comprehensive Plan of 2030
Chapter 2 — Growth in Urban Growth Areas
The Plan recognizes the need for existing municipalities to be able to gradually
expand into immediately surrounding areas. The county supports and
encourages orderly expansion of existing communities. This Plan recognizes
existing municipal plans and strongly supports and encourages infill and
redevelopment of existing communities. These growth areas are the preferred
locations in Garfield County for growth that require urban level services. They
are also the preferred locations for commercial and employment uses that can
take advantage of supporting infrastructure and a close by client base that
reduces travel demands. The most effective way to encourage growth in
designated and planned UGAs will be by ensuring the following:
i. Each municipality's plan for its UGA is incorporated into the Garfield County
Comprehensive Plan.
ii. Urban developments in the UGAs are encouraged to annex into the respective
municipality.
iii. If there is a public benefit to allowing development within a UGA prior to
annexation, the County and municipality will cooperatively endeavor to facilitate
such development through such means as:
1. County zoning in the UGAs adjusted to a close approximation of
the municipality's plans.
2. Development in the UGA is required to obtain a local review with
comment (not approval) before submitting for county review.
3. A procedure for municipal/county review and recommendation to
the Board of County Commissioners will be developed in an IGA with
each community.
4. Each community is expected to extend services and infrastructure
to development in the UGA that substantially complies with their plan for
the UGA (landowners and the respective municipality are strongly
encouraged to enter into pre -annexation agreements that provide
12
commitments with respect to extensions of services and infrastructure,
densities, etc.).
Section 1 - Urban Growth Areas and Intergovernmental Coordination
Garfield County has worked with municipalities to direct development to
UGAs where public services and infrastructure are provided in an efficient
and cost-effective manner. Intergovernmental cooperation between
municipalities and other public agencies has demonstrated successful
collaboration and has resulted in the creation of new partnerships and
collaborative efforts on behalf of the residents of the county.
Policies:
1. Within defined UGAs, the County Comprehensive Plan, land use code
revisions, and individual projects, will be consistent with local municipal
land use plans and policies.
2. Projects proposed adjacent to local municipalities requiring urban
services will be encouraged to annex into the affected jurisdiction if
contiguity exists.
3. Development in an UGA will have land use and street patterns that are
compatible with the affected municipality.
4. Within a locally planned UGA, development Applicants will be required
to obtain project review comments from the local community prior to
submitting for county review. The process should be defined in an
executed IGA.
City of Glenwood Springs Comprehensive Plan of 2011
Urban Growth Boundary (UGB)
The Urban Growth Boundary represents an area that can support urban -
level development. Urban development is characterized by densities
typical of urbanized areas and by the types of services required to
support that development such as water, wastewater, roads, police and
emergency services, and other similar services. It also represents an
area of future annexation. Although this area lies outside of the city and
is subject to Garfield County land use requirements, according to the
Garfield County Comprehensive Plan, development and land use within
the Urban Growth Boundary should be consistent with the future land
use objectives of the municipality. Both the Garfield County and
Glenwood Springs Comprehensive Plans recommend entering into
Intergovernmental Agreements to assure mutually acceptable land use
and development within the Urban Growth Boundary and to determine
a process by which land use proposals will be evaluated by both
13
jurisdictions.
The Urban Growth Boundary has been determined using the following
criteria:
• Ability of the City to provide adequate infrastructure, particularly water
service, to new development without placing undue burdens on the
City's ability to meet current municipal demands while maintaining
adequate levels of service.
• Areas where there would be a public benefit for the City to manage
growth, giving consideration to visual impacts, economic impacts and
benefits, open space and environmental benefits, and impacts on
schools and other public facilities.
• Areas which, if annexed to the City, would simplify the city limits and
provide unity of services.
• Location of existing topographical features which serve as
opportunities or constraints to development.
Low Density Residential
Low Density Residential is a designation for land that is outside of the
city limits but within the urban growth area. This designation consists of
single-family residential development that is intended to maintain a rural
character. Appropriate development densities will be determined by,
among other things, current land uses, topographic constraints, existing
and future utility connections, and existing mad networks,
Land Uses Outside City Limits but within the Urban Growth Area
Future land use designations have been applied to properties within the
Urban Growth Area. It is intended that these properties within the Urban
Growth Boundary be annexed into the city at some point in the future.
Among other things, these future land use designations take into
account current uses, topographic constraints, existing/future utility
connections, existing road networks, and land uses on adjacent
properties.
Values and Vision for Economic Development
Despite a decent level of diversification in the Glenwood economy, the
region surrounding the city is greatly influenced by the mining, oil and
gas, and construction -related industries. The influence that these
industries have on the region makes Glenwood Springs susceptible to
the associated boom and bust economic cycles that are typical of
western Colorado. Therefore, the City must work to further diversify its
economy in order to minimize the impacts of boom and bust cycles.
14
While taking steps to continue diversifying the economy, the City should
focus efforts on attracting high -paying jobs to help offset the abundance
of low-paying jobs associated with the robust tourism and service
industry.
Community Goals Supported by Economic Development
• Maintain Glenwood's role as a regional center
Policies to Enhance Economic Development
• The City should encourage the development of a well-trained
workforce.
• The City should continue to make improvements that enhance the
community's quality of life and that make Glenwood Springs a place that
is attractive for new businesses and their employees.
• The City should actively pursue businesses and industries whose
operations and products are compatible with the Glenwood Springs
vision.
Strategies and Actions to Promote Economic Development
Attract Diverse Businesses and Industries - The City should diversify the
economy in at least three major ways: creating a community where
employers/employees want to live, creating opportunity for new and
expanding local businesses, and actively seeking targeted businesses.
Ensure an Attractive Community - Good jobs are provided by good
employers. Good employers will locate in communities where they and
their employees will want to and can afford to live.
Allocate Adequate Land - Adequate land for new industries and
businesses is limited within city limits. However, what is available will
need to be zoned to allow a business easy development. The City
should consider revising the zoning code to allow for more flexibility of
uses for a structure or site in order to better respond to the industrial and
commercial real estate market.
An adequate supply of attractive and accessible office space for
professionals is also important. The City should consider adaptive reuse
of structures and land availability prior to contacting targeted
businesses. For new office and retail opportunities, the City should help
facilitate redevelopment of existing retail buildings in order to meet
evolving retail markets and community needs. To better understand the
types of commercial office space needed in the community, the City
should conduct an analysis on the amount of space currently existing.
15
Options immediately adjacent to the city limits and within the Urban
Growth Boundary should also be examined for the ability to
accommodate business and industry. An example site is the parcel north
of the Glenwood Springs Mall in West Glenwood where the City could
assist in preparing it to become a mixed-use office area or business
park. The City should also consider partnering with governments or
organizations to plan and possibly develop an industrial park in the
immediate area.
In accordance with the Garfield County Comprehensive Plan Policies, "Within defined
UGAs, the County Comprehensive Plan, land use code revisions, and individual
projects, will be consistent with local municipal land use plans and policies." To this end,
the Garfield County Comprehensive Plan defers to the land use goals and policies of
the local municipalities for land within the UGA.
The City of Glenwood Springs Comprehensive Plan identifies the subject property as
Low Density Residential on the subject property. It is Staff's opinion that provided the
City's policies on economic development as well as the language within the Low Density
Residential designation that states that "Appropriate development densities will be
determined by, among other things, current land uses, topographic constraints, existing
and future utility connections, and existing road networks," the application is in general
conformance with the Garfield County Comprehensive Plan 2030.
3. Section 7-103: Compatibility
The proposed use is located in a residentially developed area in west Glenwood
Springs. The Applicant has represented the neighboring uses as follows:
The nature, scale and intensity of the proposed use are compatible with
adjacent land uses. Western Hills Subdivision (WHS) borders the
property to the east. The homes in WHS are primarily single family
residence on .45 to 1 acre lots. The properties to the north and south
are consistent with the home type and lot size of the properties in WHS.
The properties to the west are known as the Village Chalet. The Village
Chalet is comprised of very high density single family residences
developed on lots between .019 to .034 acres.
It is Staffs opinion that the adjacent uses are compatible with the three proposed
residential parcels as they both meet the minimum lot size within the Residential Urban
zone district and the overall density is a transition between Western Hills Subdivision
and the denser Chalet Village. It is worth noting that a phone call was received from an
adjacent property owner indicating concern with the overall density of the proposed
development.
16
4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The Applicant is proposing to supply the three parcels within the subdivision with water
from the City of Glenwood Springs. The Applicant has made the following
representations regarding legal and physical water to serve the subdivision:
West Glenwood Springs Water District services properties to the East
and West of the proposed subdivision. The City of Glenwood Springs
can and will serve this subdivision from the city water main located under
Mountain Shadows Drive as stated in a letter dated April 21, 2017.
The City of Glenwood Springs has provided the following regarding supplying the
parcels with water.
The purpose of this letter is provide confirmation that the City of
Glenwood Springs can and will serve your parcel of land located in West
Glenwood, with domestic water service. This parcel apparently does not
currently have a numerical address assigned on Mountain Shadows
Drive, but for reference purposes it is located immediately westerly of
and adjacent to Lot 10, Block 1 of the Western Hills Subdivision, and is
futl her identified as Parcel Number 2119-343-00-006 in the records of
the Garfield County Assessor.
Normally, water service outside the corporate limits would require a pre-
annexation agreement; however, this parcel appears to be located
within what was the West Glenwood Water District. When the West
Glenwood Water District was dissolved in 1988, the Glenwood Springs
City Council adopted Resolution # 88-3, which removed this requirement
for parcels within the District as it existed on that date. Prior to final
approval of the water service and associated tap, the following
conditions must be met:
1. Applicant must submit an engineered plan, for the City's review and
approval, indicating the proposed tap location, the tap size, curb stop
box location, service lateral piping size and material. If a service
manifold will be utilized, provide location, sizes, and alignments. We
would need an easement to allow access and operation of any and all
valves on the manifolded services.
2. If a single -tap approach is allowed for the development, Applicant
must formally acknowledge that the City/private demarcation point will
be at the curb stop in Mountain Shadows Drive. In addition, a legally
responsible party must be identified for maintenance the section of
service line beyond the City's shut off valve and the individual curb stops.
3. All applicable system improvements fees, as calculated by the City's
17
Community Development Department, shall become due and payable
prior the tap being made on the City's main.
4. An as -built drawing in an AutoCAD drawing file format (dwg) of the
service and associated valves shall be submitted for review and
approval by the City.
Considering the can and will serve letter supplied by the Applicant from the City of
Glenwood Springs for water service, it is Staff's opinion that legal and adequate water
is available for all proposed parcels.
5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems
The Applicant has indicated that wastewater will be handled by the West Glenwood
Sanitation District. The Applicant has provided the following statement regarding central
water and wastewater.
Water: A water line from the city main will be run underground on a utility
easement along the western portion of the property. An HOA will be
formed to maintain the water line from the property line to each service
line branching from the main. Each lot will be responsible for
maintenance of the service lines running from the main to the lot.
Wastewater: The West Glenwood Sanitation District has a sewer main
running along the western and southern sides of the existing property.
The Sanitation District has stated they can and will serve sewer taps to
each of the three lots (see Section 5 for can and will serve letter). Each
lot will have a separate sewer line extension running to it. Each lot will
be solely responsible for construction and maintenance of the sewer line
extensions.
The can and will serve letter from the West Glenwood Sanitation District is as follows.
The District has the capacity in its wastewater treatment plant and can
and will serve the above property with 3.00 EQR for 3 single family
homes with wastewater treatment service so long it is within the District
subject to the following conditions:
1. The payment of all applicable tap fees (currently $6, 000/EQR); and
2. Pursuant to the District's Rules and Regulations, an Applicant for
sewer service shall reimburse the District for all costs incurred by the
District regarding the project, including, but not limited to legal and
engineering review.
From the information provided, it appears that central water and wastewater will be
18
available to each of the Lots. It is worth noting that the Applicant is proposing to not
construct the water and wastewater infrastructure to each of the Lots prior to execution
of the Plat. As a result, the Applicant has provided a Subdivision Improvement
Agreement to financially secure the improvements following execution of the Plat.
6. Section 7-106: Adequate Public Utilities
The Applicant has provided the following regarding electric and gas service to the Lots.
Electric: The proposed subdivision is within the territory serviced by the
City of Glenwood Springs Electrical System. The City has adequate
capacity to serve the proposed subdivision and has stated it can and will
serve the proposed lots (see Section 5 for can and will serve letter). The
site plan shows utility easements to allow for an underground line
extension from the southeastern corner of the property to a centralized
transformer. The utility easement also allows for underground service
lines from the transformer to each lot. The line extension to the
transformer will be constructed as part of the Subdivision Improvements
Agreement.
Gas: Black Hills Energy (BHE) has a gas main running under Mountain
Shadows Drive. BHE has adequate capacity to serve the proposed
subdivision and has stated it can and will serve the proposed lots
(Section 5 for can and will serve letter). A gas line from the main under
Mountain Shadows Drive will be run underground on a utility easement
along the western portion of the property. An HOA will be formed to
maintain the gas line from the property line to the centralized distribution
manifold. Each lot will be responsible for maintenance of the lines
running from the main to the lot.
It is Staffs opinion that provided the information within the application regarding utilities
to the Lots, that adequate public utilities are available.
7. Section 7-107: Access and Driveways
The Applicant has provided the following explanation of the access roads to the
proposed development.
A. The property has legal and adequate access via an extension of
Mountain Shadows Drive in the form of an existing easement along the
northern property line. It is safe and adequate per Sopris Engineering
and Glenwood Springs Fire Department. Legally the easement is known
as:
a. Beginning at a point whence the witness corner of the South Quarter
corner of Section 34, Township 5 S, Range 89 W of the 6th PM bears S.
65°15'46" East 1,118.085 feet;
19
i. Thence S. 66°24' West 24.03 feet;
ii. Thence S. 7T35' West, a distance of 130.89 feet;
iii. Thence N. 0°06' West, a distance of 30.71 feet;
iv. Thence N. 7T35' East, a distance of 121.40 feet;
v. Thence N. 66°24' East, a distance of 34.14 feet;
vi. Thence S. 0°06' East, a distance of 32.71 feet to a point
of beginning.
B. No improvements or modifications to the county road is needed nor
proposed for safe access.
C. The internal roadway and ROW easement and Mountain Shadows
Drive provide adequate capacity to serve the proposed subdivision and
the existing residences at Chalet Village and the Starr residence. The
addition of the subdivision will only generate an additional 28.71 ADT
(See road waiver in Section 3).
D. The internal roadway will be dedicated as a public right of way.
Covenants will be drafted and an HOA formed to maintain the internal
roadway.
E. There will be no significant impacts from hauling, trucks or equipment
use to the ROW easement or to the county maintained portion of
Mountain Shadows Drive by this proposed subdivision.
F. The proposed subdivision will construct an internal road to service
only the three proposed lots. The internal road has been designed to
provide adequate access as a semi -primitive road for the three lots. The
internal road meets county guidelines for maximum grade, lane width,
shoulder width, cross slope and shoulder slope. A road waiver has been
submitted with this application to decrease the ROW width, minimum
radius and turn around requirement for dead end streets. The designed
ROW width and roadway radiuses provide for safe and adequate access
as determined by Sopris Engineering (see road waiver forms in Section
3) and allow for the road design to fit the subdivisions area see email in
Section 7 from the Glenwood Springs Fire Department.
1. Circulation and Alignment- will comply
2. Intersections- technically not applicable, however the
subdivision will self -regulate and implement a stop sign at the end
of the internal road where it meets Mountain Shadows road.
3. Street Names- will comply
4. Congestion and Safety- the existing ROW easement extension
of Mountain Shadow road has been servicing 16 properties more
than adequately for over 35 years. The internal road that will be
created with the subdivision will adhere to code and to
20
requirements set forth by the fire department. The site plans and
plats have been shared with Glenwood Springs Fire Department
and they have given their approval, see email in Section 7.
5. Continuation of Roads and Dead-end roads
a. Mountain Shadows Road is already an existing dead
end road. The internal road created by the subdivision on
the parcel will have adequate turn around space for a fire
truck and emergency vehicles. The placement of the turn-
around has been approved by Ron Biggers of the
Glenwood Springs Fire Department and engineered by
Sopris Engineering.
b. Emergency and fire egress are demonstrated on the site
plan and approved by fire marshal. A "T" turn around is
located before parking area. The turn around was sized
appropriately to the Dash Pump Truck specified as the
largest emergency vehicle necessary for accessing the
proposed subdivision.
c. Snow storage is to occur on ditch areas to the sides of
the internal road and at end of roadway past the parking.
6. Relationship to Topography - will comply
7. Erosion and Drainage — will comply
8. Commercial and Industrial — n/a
9. Emergency Access - The Glenwood Springs Fire Marshal has
reviewed our site plan and has found the road satisfactory for
emergency access. As per the Fire Departments determination,
see the email from Gary Tillotson in Section 7. Sprinkling systems
will be installed into all building proposed for this subdivision.
10. Traffic Control - We propose a stop sign be placed on the
internal access road at its intersection with Mountain Shadows
Drive.
11. & 12. Erosion, Drainage and Ditches - Sopris Engineering has
provided a storm water detentions plan and road design that
meets county standards for the internal roadway.
The following is a breakdown of the review discussions and issues identified by Staff.
a. The application was referred to the Garfield County Road and Bridge
Department (see attached Exhibit 8). Mike Prehm of Garfield County Road and
Bridge indicated that Road and Bridge has no issues with the proposed access.
b. The Applicant has supplied information stating that the private access
road from the end of Mountain Shadows Drive does not meet the Minimum Right
of Way Width of 50' and the driveway as designed will not meet the Minimum
Radius of 50'. As a result, the Applicant has provided a letter from Sopris
engineering requesting a Waiver from these Standards in Section 7-107. This
letter indicates that the road is generally adequate despite not meeting these
21
standards.
The Applicant's engineer has provided the following comparison of the County
Roadway Standards from Section 7-107 to those proposed.
County Standards for Roads Vs. Existing and Proposed Roads
ADT = 9.57 per resdence
15 homes in challet village (143.55 ADT) + 3 proposed lots in subdivision (28.71 ADT) = 18
residences X 9.57 = 172.26
Regarding the reduced size of the radius, the Applicant has worked with the Fire
Department to determine whether this reduced radius would be acceptable. The
Applicant has provided an analysis of the turning movements for fire equipment
on the driveway. Comments from the County designated engineer indicate that
this analysis should be reviewed by the Fire Marshal. In addition, comments from
the Glenwood Springs Fire Department indicate that further review of this radius
is necessary. Staff recommends a condition of approval that the analysis for the
turning movements of the fire protection equipment on the driveway be reviewed
by the Glenwood Spring Fire Department prior to Board signature on the plat.
The Fire Department has provided an email indicating that a fire engine turn
around be provided. This turn around area is represented on the site plan and
plat. Comments from the Glenwood Springs Fire Department indicate that the
location and design of this turnaround need to be reviewed. Staff recommends a
condition of approval that the turnaround for the fire protection equipment on the
driveway be reviewed by the Glenwood Spring Fire Department prior to Board
signature on the plat.
A comment from the County designated engineer noted that the proposed
driveway is for two 8' wide lanes (total of 16'), however comments from the
Glenwood Springs Fire Department within the application request a driving
surface of at least 20'. Additional comments from the Fire Department (See
Exhibit 13) indicate that short of at least 20' of driving surface, the Department
may be able to work with an overall road width of 18' with a 1' gravel shoulder on
each side. Staff recommends a condition of approval that the driveway width be
22
County- Rural
Access Road
.Access Easement
County - Semi
Primitive Road
Proposed internal
Roadway
ADT
101-200
172.26
21-100
28.71 (3 SFR)
Min ROW Width
50'
30'
40'
40'
Lane Width
11'
11'
10'
8'
Shoulder Width
4'
0
2'
2'
Ditch Width
6'
n/a
4'
n/a
Cross Slope
3%
n/a
3%
2-3%
Shoulder Slope
5%
n/a
5%
2-5%
Minumum Radius
80'
0
50'
25'
Max Grade
12%
5%
12%
10%
Surface
Gravel
Gravel
Gravel
Gravel
Regarding the reduced size of the radius, the Applicant has worked with the Fire
Department to determine whether this reduced radius would be acceptable. The
Applicant has provided an analysis of the turning movements for fire equipment
on the driveway. Comments from the County designated engineer indicate that
this analysis should be reviewed by the Fire Marshal. In addition, comments from
the Glenwood Springs Fire Department indicate that further review of this radius
is necessary. Staff recommends a condition of approval that the analysis for the
turning movements of the fire protection equipment on the driveway be reviewed
by the Glenwood Spring Fire Department prior to Board signature on the plat.
The Fire Department has provided an email indicating that a fire engine turn
around be provided. This turn around area is represented on the site plan and
plat. Comments from the Glenwood Springs Fire Department indicate that the
location and design of this turnaround need to be reviewed. Staff recommends a
condition of approval that the turnaround for the fire protection equipment on the
driveway be reviewed by the Glenwood Spring Fire Department prior to Board
signature on the plat.
A comment from the County designated engineer noted that the proposed
driveway is for two 8' wide lanes (total of 16'), however comments from the
Glenwood Springs Fire Department within the application request a driving
surface of at least 20'. Additional comments from the Fire Department (See
Exhibit 13) indicate that short of at least 20' of driving surface, the Department
may be able to work with an overall road width of 18' with a 1' gravel shoulder on
each side. Staff recommends a condition of approval that the driveway width be
22
reviewed and accepted by the Glenwood Spring Fire Department prior to Board
signature on the plat.
The application notes that the driveway surface is to be gravel. Comments from
the County designated engineer indicate that such a surface at a 10% grade will
not hold up. In addition, comments from the Glenwood Springs Fire Department
state that the surface needs to be all-weather and due to the 10% grade have
expressed similar concerns related to the surface durability. Staff recommends
a condition of approval that the Applicant provide more information on the
driveway surface material and provisions that are proposed to be taken to ensure
that the surface will be able to hold up over time and varying weather conditions.
This information shall be reviewed and accepted by the County designated
engineer prior to Board signature on the plat.
Regarding winter maintenance and safety, comments from the County
designated engineer request more information on winter maintenance as the
combination of slope and switchbacks may make the road impassable in the
winter. Similar concerns have been noted by the Glenwood Springs Fire
Department. In addition, an analysis of whether a guard rail is necessary was
requested. Staff recommends a condition of approval that the Applicant provide
a description of the winter maintenance that will be performed and an analysis of
whether a guard rail is warranted. This information on winter maintenance and
analysis of whether a guard rail is warranted should be reviewed and accepted
by the County designated engineer and Fire Department prior to Board signature
on the plat.
c. The Applicant has provided an attorney's opinion regarding legal access
to the subdivision from Michael Sawyer of Karp, Neu, Hanlon, P.C. This opinion,
which has been reviewed by the County Attorney's Office, is considered to
adequately serve the purpose of demonstrating: 1) that the private access
easement that extends from Mountain Shadow Drive to the subject parcel
provides legal access for the proposed development, and 2) that the 6.94' gap
area between Mountain Shadow Subdivision and the access easement does not
legally restrict access to the proposed development.
Comments received from the County designated engineer requests an
explanation as to whether the access road will continue to serve the properties
to the west of the development. It is Staff's understanding that this private
roadway will continue to serve those lots to the west as the traffic numbers are
identified in the traffic analysis (excerpted above) for Chalet Village. It is also
Staff's understanding that the legal opinion provided by Michael Sawyer indicates
that the roadway may continue to serve those uses as well as the new proposed
development.
Based on the legal opinion from Michael Sawyer of Karp, Neu, Hanlon, P.C., it is Staffs
opinion that the access is legally adequate. Provided the waiver requests from the
23
Applicant and prepared by Sopris Engineering, it appears that some dimensional and
operational considerations need to be addressed as conditions of approval and as listed
in this section.
8. Section 7-108: Natural Hazards
The Application represents that, with exception to some steep slopes, there are no
noted natural hazards on the site that would impact the proposed development.
Specifically, the Applicant has provides the following.
No significant hazards exist where development is proposed for the road
or the newly created lots. To north of the access roadway and to the
west of the roadway and lot 1 there are slopes in excess of 30%. These
areas of slope are indicated by shading on the site plan. These areas
will be controlled for erosion with vegetation suitable for the slope grade.
Topography in the new lot areas where new structures will be located
range from 1 to 10% grade. The property is not subject to debris flows,
flooding, avalanche, alluvial fan etc. In response to the identified issues
with slopes in excess of 20% and 30%, the Applicant has added a
building envelope on proposed Lot B which keeps development out of
areas with slopes in excess of 20%.
Comments were also received from the County Public Health Department, regarding
radon (See Exhibit 14). These comments are as follows:
Homes constructed on the subdivided lots should be constructed using
radon resistant new construction (RRNC) standards. Radon is very
prevalent in Glenwood Springs, with nearly half of homes at levels above
the "action limit" of 4 picocuries per liter of air (pCi/L). New construction
standards make radon mitigation much easier than retroactively doing
the work on an existing home. See the EPA website for more
information.
Staff recommends that as a condition of approval, all residential structures within the
subdivision be constructed to meet the Radon Resistant New Construction (RRNC)
standards.
The application was reviewed by the CGS (See Exhibit 16). CGS stated that they have
no objection to the subdivision but did provide a few recommendations. These
recommendations are based around concerns regarding hydrocompaction and
subsidence of the soils in the area. These recommendations are as follows:
Hydrocompaction and subsidence due to dissolution of
gypsiferous material. The site soils are derived from and
underlain by, at an unknown depth, Eagle Valley Evaporite
containing the soluble minerals gypsum, anhydrite, and halite.
24
The surficial debris fan deposits are likely to be loose, low density,
low strength, and hydrocompactive, meaning they can lose
strength, settle, compress, or collapse under loading and/or when
water infiltrates the soils. Thick columns of compressible or
collapsible soils can result in very significant settlement and
structural damage. Sinkholes, subsidence, ground deformation
and settlement due to collapse of solution cavities and voids are
active processes in the Roaring Fork Valley, and are an
unpredictable risk that should not be ignored.
❑ Lot -specific geotechnical investigations consisting of drilling,
sampling, lab testing and analysis will be needed, once building
locations have been identified, to: determine the thickness and
extent to which the soils beneath each proposed structure are
subject to settlement or collapse under loading and/or wetting;
characterize soil and bedrock engineering properties such as
density, strength, water content, swell/consolidation potential and
bearing capacity; determine depths to groundwater, bedrock, and
any impermeable layers that might lead to development of a
perched water condition; determine the feasibility of full -depth
basements, if planned; and provide earthwork, foundation, floor
system, subsurface drainage, and pavement recommendations
for design purposes. It is imperative that grading, surface
drainage, and subsurface drainage are correctly designed,
constructed and maintained to prevent wetting of potentially
collapsible and expansive soils surrounding foundation elements.
❑ If conditions indicative of subsidence or sinkhole formation are
encountered during site investigations or construction, an
alternative building site should be considered or the feasibility of
mitigation alternatives should be evaluated.
❑ Techniques such as engineered, rigid foundation design,
geotextile ground reinforcement, and/or strain isolation trenches
should be considered to reduce subsidence -related risks.
❑ Current and future owner(s) should be made aware of the
potential for sinkhole development, since early detection of
building distress and timely remedial actions are important factors
in reducing the cost of building repairs should an undetected
subsurface void start to develop into a sinkhole during or after
construction.
To this end, Staff recommends a condition of approval that the Applicant conduct a
geotechnical investigation of the property and follow the recommendations made by
CGS. In addition, Staff recommends that a plat note be added making future purchasers
25
aware of the potential for subsidence and the development of sinkholes.
9. Section 7-109: Fire Protection
In addition to the access road review described in section 7, above, the Applicant has
provided the following explanation regarding fire protection.
The property is served by the Glenwood Springs Fire Department and is
located about 3.4 miles from the fire station. A city fire hydrant is located
on the opposite site of Mountain Shadows Drive from the north west
corner of the property (see site plan). The Glenwood Springs Fire
Department has indicated that the hydrant is sufficient to serve the
subdivision for fire protection. Due to the location of the site and
associated access the Fire Department will require and homes built in the
proposed subdivision to be sprinkled.
Comments were received from the County designated engineer related to fire access
to the development that are described in section 7, above. In addition, the Glenwood
Springs Fire Department has noted that because of the access issues and limited water
flow in the area, the homes need to have fire sprinklers. Staff recommends a Condition
of Approval that all residential structures be equipped with fire sprinklers.
Article 7, Division 2: General Resource Protection Standards
10. Section 7-201 Agricultural Lands
As the parcel is not currently in agricultural production, no agricultural land will be taken
out of production as a result of this development. In addition, the surrounding parcels
are used for primarily residential uses, so no impacts on adjacent agricultural uses are
expected.
11. Section 7-202 Wildlife Habitat Areas
The subject parcel is within an area that is heavily developed. The Applicant has
represented the following regarding impacts to wildlife.
The property has not been identified as critical habitat for deer, elk or
other major wildlife classifications. There are no known raptor nests,
roosting sites etc. In general, the property is in a semi urban area with a
long history of human habitation in the area. Because of this it is unlikely
that wildlife find long-term habitat with the exception of minor foraging
potential.
This application was referred to Colorado Parks and Wildlife, who provided the following
feedback (See Exhibit 7).
26
Colorado Parks and Wildlife (CPW) has reviewed the application materials for
the subdivision of a 0.833 acre parcel located on Mountain Shadow Drive in West
Glenwood Springs. This parcel is surrounded by existing residential
developments and wildlife impacts resulting from the proposed activity are
anticipated to be negligible.
However, CPW does consider this a high bear activity area and suggests that
any new developments utilize all measures to eliminate bear attractants and
reduce human -bear conflicts. Recommendations from CPW include the
following:
1. Require new residents to use bear -proof trash containers, or create a bear -
proof centralized trash pick-up location.
2. Encourage new residents to follow "bear aware" practices including: feeding
pets indoors and storing pet food indoors, cleaning BBQ grills after use, removing
bird feeders during summer months and/or at night, only placing trash out on
morning of pick-up, not composting food waste outside, etc.
3. Prohibit fruit, berry, and nut producing trees and shrubs from landscaping
plans.
Eliminating attractants and being "bear aware" is imperative for reducing conflicts
and avoiding habituation of bears to urban environments.
Staff recommends a condition of approval that requires that the suggestions from CPW
be incorporated into the CCRs for the development.
12. Section 7-203 Protection of Waterbodies
The Applicant has represented the following regarding the protection of waterbodies.
There are no water bodies such as lakes, reservoirs or rivers on the
property subject to the Minor Subdivision. There is a ditch along the
southern property boundary and this will not be disturbed. The easement
for the ditch is 15' from the center per the Reynolds & Cain Ditch
Company. All building will happen at least 25' from the ditch.
As ditches do not qualify as a Waterbody under the LUDC, the property owner will only
need to comply with the ditch easement. No other waterbodies have been identified on
the subject parcel.
13. Section 7-204 Drainage and Erosion
The Applicant has provided a Drainage Report prepared by Sopris Engineering. This
report has the following conclusion.
27
The increased storm water runoff from the proposed site will be routed
through surface swales and detention ponds before leaving the site. The
24 hour runoff rates represent incidental flows which cannot realistically
be controlled. The increased volume of runoff however will be detained
onsite, which will attenuate the runoff to some degree, and will allow for
infiltration into the existing soils.
The Applicant has also represented the following regarding drainage and erosion as a
response to this Standard.
All activity will take place on less than 1 acre of land and is thus not
subject to CDPHE permits. Positive drainage away from structures will
be designed. The Engineer's Report addresses the issue of drainage
and erosion, taking care to avoid adjacent properties. There are no water
bodies within 100 feet of the property, or will there be 10,000 square feet
or more of impervious surface area. Storm water run-off will be to stable,
vegetated areas that will be resistant to erosion. The site design shall
minimize direct connection with impervious areas by including vegetated
buffer zones between impervious surfaces such as roofs or patios.
Comments provided by the Garfield County engineer regarding grading and drainage
(See Exhibit 12) state the following.
The discussion on the detention pond seems to state that restriction of
flows is impractical and only volume would be provided. This is agreed
for the 2 -year storm. The engineer for the Applicant should evaluate this
statement for applicability for the 25 -year storm. Restrictions of
developed flows for larger storms may be more practical.
Staff recommends a condition of approval that the Applicant address the comments
submitted by the County designated engineer. This response should be reviewed and
accepted by both the Community Development Department and the County designed
engineer prior to signing the plat.
28
42,53,99
,101iN41.!til)
.0.
M. /- - 'a ' .S:••''.....- .,
•
..e.' ) .:
_ • 4.d1'
_ 6e.--......
...- ,
, .• It, . 4,... V ;
,A.4... , _ , .1 1
i ' ...4 I? ,.....-----.—...-... —...... ___ I . ..•
..."' 2 ......4.
,... .
i i
? .P.1.
I .,
, .,_-...• ....?"" , A_...
, arl..
) '-'it --•'''' -...' :, ...,;. A.K.:'. ' :il' '' 't
- t ,,Y., -1• ....'„ - -
...i.r...,_ --••
a In-.- •
• / . • ......
F.
-
-
.14 •
•1-0•01. 4!.I1
Ntdrimr•
1.12,•1.1•0
*Mr. rin.it
1
-.-
4. •
•
41
• .." .1-- ---
-4... .....- -
____,t.,-- . ...---•—•
,..-...-. , ...
ithal•.•••},
1
LVAIYAIV
eati.t
wet.
•
• ,,,,,
• 6.-•.,1•I
&As
"IRMA.
ji
1
Drainage Plan
29
14. Sections 7-205 Environmental Quality
No water or air quality issues are anticipated from the proposed project.
15. Section 7-206 Wildfire Hazards
The subject property is identified as predominately Not Rated according to Map 7,
Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP).
In addition, no fire chimneys are known to exist on the property. The Applicant has
submitted a Waiver request stamped by Sopris engineering for a small portion of the
property that has slopes over 20%. With this development limitation, Staff feels that
wildfire danger on this property is within manageable levels and is consistent with the
Code requirements.
16. Section 7-207 Natural and Geologic Hazards
As noted in Section 8 of this Staff Report, the natural and geologic hazards identified
on the subject property are within a manageable range with the conditions as proposed.
17. Section 7-208 Reclamation
No disturbance that would require reclamation is anticipated as a result of the creation
of the proposed subdivision. As a result, a reclamation plan is not applicable. The
Applicant has provided the following regarding reclamation.
Areas not directly related to the improvement of the property and are
disturbed during development shall be restored as natural -appearing
landforms that blend in with adjacent undisturbed topography.
Article 7, Division 3, Site Planning and Development Standards
18. Section 7-301 Compatible Design:
The application provides the following description regarding Compatible Design.
The Minor Subdivision application complies with these sections.
A. Site Organization: The proposed lots are similarly oriented in terms
of front and side yard relationships to neighboring lots. The roadway and
parking design provides the most compact, economical usage of land
and allow for future access to maintain underground utility lines.
Pedestrian access in not applicable. The proposed lots will have equal
solar access.
30
B. Operational Characteristics: The proposed subdivision is designated
for residential construction and no objectionable operation characteristic
are expected.
C. Buffering: No required buffering is anticipated. Land uses are similar
and there are no foreseen incompatibilities because of being adjacent
to a different zone district or land use.
D. Materials: Appropriate materials for a residential use will be selected.
It is Staff's opinion that the proposed 3 lot development and proposed use are generally
compatible with surrounding residential land uses.
19. Section 7-302 Off- Street Parking and Loading Standards:
The Applicant has demonstrated through site plans that adequate off-street parking
exists for each Lot. Due to the arrangement of the lots and the access roadway, the
Applicant has designated easements on adjacent parcels to accommodate the parking
for each Lot.
Proposed Plat — Showing Parking Locations and Applicable Easements
{60160 ]C°4 5781
(AS(MFM!-PlM01F ING6.$S. 6410554 rmepatNCf ACCESS
1,.
I !OT]
I2
WESTERN Hit L5 SUBDIVISION
}
LEGEND
w. w. I.
., ,MORY. 11}
.M,�..Y w.lerl
1. Ww••.Fwnrmre/
1.0.1.0.•••}50451.70
&14' .N}.Wrro TO
14.21M1 W3.11.4t vg•ini, PO
m.
n.am5M.i Nye.eMS( .1:.
WIT
FASESFNT TO 41./.11.4r4 WK.(wS;in�6 w���
31
While it appears that adequate parking is to be provided for each Lot, Staff and the
County designated engineer have noted that the easement graphic designation for the
westernmost parking space for Lot 3 is not consistent with its label. As a result, Staff
recommends a condition of approval that the graphic designation of the westernmost
parking space for Lot 3 be consistent with its label.
20. Sections 7-303 Landscaping Standards:
The LUDC specifically exempts single family dwelling units from Section 7-303.
However, the application represents the following regarding landscaping.
The landscaping plan will comply with code standards. Plants
compatible with local climate, soils, drainage, and water conditions for
the site will be utilized. When possible drought -resistant varieties and
native plants will be utilized. Existing, healthy vegetation will be
preserved as much as possible.
21. Section 7-304 Lighting:
All exterior lighting will need to be downcast and comply with County standards.
22. Section 7-305 Snow Storage Standards:
Adequate snow storage exists on the property.
23. Section 7-306 Trail and Walkway Standards
No recreational or community facility access areas are proposed.
Article 5, Division 3, Minor Subdivision Review
24. Section 5-301(C)(1): It complies with the requirements of the applicable zone
district and this Code.
As proposed, the subdivision complies with the Residential Urban zone district.
25. Section 5-301(C)(2): It is in general conformance with the Comprehensive Plan.
See Section 2, above.
26. Section 5-301(C)(3): Shows satisfactory evidence of a legal, physical, adequate,
and dependable water supply for each lot.
See Section 4, above.
32
27. Section 5-301(C)(4): Satisfactory evidence of adequate and legal access has
been provided.
See Section 7, above.
28. Section 5-301(C)(5): Any necessary easements including, but not limited to,
drainage, irrigation, utility, road, and water service appear to have been obtained.
Please see section 7, above, regarding road easements. It appears that all necessary
easements have been identified on the plat.
29. Section 5-301(C)(6): The proposed Subdivision has the ability to provide an
adequate sewage disposal system.
See Section 5, above.
30. Section 5-301(C)(7): Hazards identified on the property such as, but not limited
to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent
practicable.
See Sections 8 and 15, above.
31. Section 5-301(C)(8): Information on the estimated probable construction costs
and proposed method of financing for roads, water distribution systems, collection
systems, storm drainage facilities and other such utilities have been provided.
The Applicant is proposing to enter into a Subdivision Improvements Agreement (SIA)
to allow the construction of the improvements following Board signature on the Mylar.
The application includes the County standard form SIA that has not been completed for
the proposed development. It will be necessary for the Applicant to have to the SIA in
final completed form prior to Board signature on the document (at the time of Board
signature on the Mylar). It is worth noting that while this Minor Subdivision is being
processed as an Administrative Review, due to the SIA it will be necessary to have a
condition of approval that this document be signed by the Board in a public meeting.
Further, this SIA must be signed by the Board prior to signature on the Mylar plat. The
SIA will need to be reviewed and accepted by the County Attorney's Office and
Community Development Department prior to scheduling the SIA and Mylar plat for
signature with the Board.
The Engineers Estimate for the cost of public improvements was reviewed by the
County designated engineer (See Exhibit 12), who had the following comments. This
estimate is utilized to determine the amount of financial security required for the SIA.
There are other public improvements proposed than are listed in the
Engineers Estimate. This should be revised to include such items as
storm drainage, road construction, and erosion control.
33
Staff recommends a condition of approval that the Applicant provide an explanation of
the provided cost estimate and explain why the aforementioned improvements were not
included. This explanation should be reviewed and accepted by the Community
Development Department and County designated engineer. Should it be determined
that additional improvements need to be included in the cost estimate for determination
of the security amount, then the Applicant will need to revise the cost estimate to the
satisfaction of the County Attorney, County designated engineer, and the Community
Development Department.
32. Section 5-301(C)(9): All taxes applicable to the land have been paid, as certified
by the County Treasurer's Office.
The Applicant will need to obtain the signature of the County Treasurer on the final plat
indicating that taxes have been paid. This must be accomplished prior to the BOCC
signing the plat.
33. Section 5-301(C)(10): All fees, including road impact and school land dedication
fees, shall be paid.
All road impact fees shall be collected at the time of building permit.
The Applicant has represented the following regarding School Impact Fees.
The subject site lies within the RE -1 School District and is subject to
Sections 7-404 of the County Land Use Code. A payment in lieu of land
dedication is proposed. The County Land Use Code has the following
land dedication standard at this time:
• 1776 sqft of land required per student
• Each single-family dwelling generates 0.49 students per dwelling unit.
• Number of units = 3
• 3 x 0.49 = 1.47 students
Land dedication Standard.' 1776 sqft per student X 1.47 students = 2646
sqft (equals 0.06 acres)
Formula for Fee In -lieu of dedication: Unimproved Market value of one
acre of land X 0.06 acres (Land Dedication Standard x number of units)
= Payment
An appraisal completed on May 1st 2017 appraised the .833 acre
property at $190,000. The appraised value of the parcel calculates to
$228,009.12 per acre. $228,009.12 x .06 = $13,680.54 in fee in lieu of
dedication.
34
Staff recommends a condition of approval that the Applicant provide the required school
impact fee, payment in -lieu of school land dedication. The school impact fee should be
in the amount of $13,680.54 and should be paid prior to the Board signature on the plat.
34. Section 5-301(C)(11): The Final Plat meets the requirements per section 5-
402.F., Final Plat.
Staff suggests that the following corrections be made to the plat as a condition of
approval.
- The name and address of the surface owner and mineral owners shall be shown
on the plat.
- A black and white Vicinity Map shall be added to the plat.
The setback lines shall be removed from the plat.
- The Certificate of Dedication and Ownership shall be updated to match current
form.
- The County Commissioners Certificate shall be updated to match current form.
The following plat note shall be added to the plat: No further subdivision of the
parcels within Mountain Shadows Place Minor Subdivision are permitted by
Minor Subdivision, as defined in the Land Use and Development Code of 2013,
as amended.
A line to fill in the Book and Page for the proposed Codes Covenants and
Restrictions shall be added to the plat.
- Include the annotated distance from the Southeast corner of Lot Two to the
nearest property corner.
- The parking easement graphic designation for the westernmost parking space
for Lot 3 is not consistent with its label. The graphic designation of the
westernmost parking space for Lot 3 should be corrected to be consistent with
its label.
The following plat note shall be added: "Current and future owner(s) should be
made aware of the potential for sinkhole development, since early detection of
building distress and timely remedial actions are important factors in reducing
the cost of building repairs should an undetected subsurface void start to develop
into a sinkhole during or after construction."
VII. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that, with the recommended conditions, the proposed Minor
Subdivision is in conformance with the Comprehensive Plan of 2030 as well as the Land
Use and Development Code. Staff, therefore, recommends approval with conditions of
the Mountain Shadows Place Minor Subdivision application.
Suggested Findings
1. That proper public notice was provided as required for the Administrative Review
Land Use Change Permit.
35
2. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
3. That with the adoption of conditions and waivers from the Section 7-107,
Roadway Standards (Minimum Radius and ROW Width) the application has
adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
Suggested Conditions of Approval
Conditions Prior to Signature of the Plat
1. The Applicant has 90 days within which to satisfy applicable conditions of
approval and provide the following documentation for BOCC signature and
recordation:
a. A plat mylar with signed Certificates that include Dedication and
Ownership, Title, Taxes, Surveyor, and any mortgagees.
b. The following amendments shall be made to the plat prior to obtaining
signatures. This updated plat shall be provided to and reviewed by the
Community Development Department prior to creating a Mylar copy of
the plat and obtaining any signatures.
i. The name and address of the surface owner and mineral
owners shall be shown on the plat.
ii. A black and white Vicinity Map shall be added to the plat.
iii. The setback lines shall be removed from the plat.
iv. The Certificate of Dedication and Ownership shall be
updated to match current form.
v. The County Commissioners Certificate shall be updated
to match current form.
vi. The following plat note shall be added to the plat: No
further subdivision of the parcels within Mountain
Shadows Place Minor Subdivision are permitted by
Minor Subdivision, as defined in the Land Use and
Development Code of 2013, as amended.
vii. A line to fill in the Book and Page for the proposed Codes
Covenants and Restrictions shall be added to the plat.
viii. Include the annotated distance from the Southeast
corner of Lot Two to the nearest property corner.
ix. The parking easement graphic designation for the
westernmost parking space for Lot 3 is not consistent
with its label. The graphic designation of the
westernmost parking space for Lot 3 shall be corrected
36
to be consistent with its label.
x. The following plat note shall be added: "Current and
future owner(s) should be made aware of the potential
for sinkhole development, since early detection of
building distress and timely remedial actions are
important factors in reducing the cost of building repairs
should an undetected subsurface void start to develop
into a sinkhole during or after construction."
c. Recording Fees.
2. Prior to the BOCC signature on the Plat the Applicant shall provide the school
impact fee, payment in -lieu of school land dedication. The school impact fee shall
be in the amount of $13,680.54.
3. Prior to the BOCC signature on the Plat the Applicant shall provide an explanation
of the provided cost estimate and explain why the storm drainage, road
construction, and erosion control were not included. This explanation shall be
reviewed and accepted by the Community Development Department and County
designated engineer. Should it be determined that additional improvements need
to be included in the cost estimate due to this review or any other required
improvements for determination of the financial security, then the Applicant shall
revise the cost estimate to the satisfaction of the County Attorney, County
designated engineer, and the Community Development Department.
4. Prior to the BOCC signature on the Plat the Applicant shall complete the
Subdivision Improvements Agreement (SIA). The SIA shall be in final completed
form prior to scheduling the document for Board signature. The SIA shall be
signed by the Board in a public meeting prior to Board signature on the Mylar plat.
The SIA shall be reviewed and accepted by the County Attorney's Office and
Community Development Department, with all edits completed and signed by the
property owner, prior to scheduling the SIA and Mylar plat for signature with the
Board.
5. Prior to the BOCC signature on the Plat the Applicant's engineer shall evaluate
the applicability of the drainage infrastructure for the 25 -year storm. This
evaluation shall be reviewed and accepted by the County designated engineer
and Community Development Department.
6. Prior to the BOCC signature on the Plat, the below measures shall be
incorporated into the CCRs for the development, as recommended by Colorado
Parks and Wildlife. Such measures are to help eliminate animal attractants.
a. All residents shall use bear -proof trash containers, or create a bear -
proof centralized trash pick-up location.
37
b. Encourage new residents to follow "bear aware" practices including:
feeding pets indoors and storing pet food indoors, cleaning BBQ grills
after use, removing bird feeders during summer months and/or at
night, only placing trash out on morning of pick-up, not composting
food waste outside, etc.
c. Prohibit fruit, berry, and nut producing trees and shrubs from
landscaping plans.
7. Prior to the BOCC signature on the Plat an analysis for the turning movements of
the fire protection equipment on the driveway shall be reviewed and accepted by
the Glenwood Spring Fire Department.
8. Prior to the BOCC signature on the Plat the turnaround for the fire protection
equipment on the driveway be reviewed and accepted by the Glenwood Spring
Fire Department.
9. Prior to the BOCC signature on the Plat the driveway width shall be reviewed and
accepted by the County designated engineer, Glenwood Spring Fire Department,
and Community Development Department.
10. Prior to the BOCC signature on the Plat the Applicant shall provide more
information on the driveway surface material and provisions that are proposed to
be taken to ensure that the surface will hold up over time and in varying weather
conditions given the grade. This information shall be reviewed and accepted by
the County designated engineer, Glenwood Springs Fire Department, and
Community Development Department.
11. Prior to the BOCC signature on the Plat the Applicant shall provide a description
of the winter maintenance that will be performed and an analysis of whether a
guard rail is warranted. This information on winter maintenance and analysis of
whether a guard rail is warranted shall be reviewed and accepted by the County
designated engineer and Community Development Department.
12. Prior to the BOCC signature on the Plat the Applicant shall conduct a geotechnical
investigation of the property and follow the recommendations made by the
Colorado Geological Survey (CGS). This geotechnical investigation shall be
reviewed and accepted by the County designated engineer and Community
Development Department. The Applicant shall comply with all recommendations
of the geotechnical investigation. The requirements for the geotechnical
investigation, as described by CGS are as follows:
Hydrocompaction and subsidence due to dissolution of gypsiferous
material. The site soils are derived from and underlain by, at an unknown
depth, Eagle Valley Evaporite containing the soluble minerals gypsum,
anhydrite, and halite. The surficial debris fan deposits are likely to be
loose, low density, low strength, and hydrocompactive, meaning they can
38
lose strength, settle, compress, or collapse under loading and/or when
water infiltrates the soils. Thick columns of compressible or collapsible
soils can result in very significant settlement and structural damage.
Sinkholes, subsidence, ground deformation and settlement due to
collapse of solution cavities and voids are active processes in the Roaring
Fork Valley, and are an unpredictable risk that should not be ignored.
• Lot -specific geotechnical investigations consisting of drilling,
sampling, lab testing and analysis will be needed, once building
locations have been identified, to: determine the thickness and
extent to which the soils beneath each proposed structure are
subject to settlement or collapse under loading and/or wetting;
characterize soil and bedrock engineering properties such as
density, strength, water content, swell/consolidation potential and
bearing capacity; determine depths to groundwater, bedrock, and
any impermeable layers that might lead to development of a
perched water condition; determine the feasibility of full -depth
basements, if planned; and provide earthwork, foundation, floor
system, subsurface drainage, and pavement recommendations for
design purposes. It is imperative that grading, surface drainage,
and subsurface drainage are correctly designed, constructed and
maintained to prevent wetting of potentially collapsible and
expansive soils surrounding foundation elements.
• If conditions indicative of subsidence or sinkhole formation are
encountered during site investigations or construction, an
alternative building site should be considered or the feasibility of
mitigation alternatives should be evaluated.
• Techniques such as engineered, rigid foundation design, geotextile
ground reinforcement, and/or strain isolation trenches should be
considered to reduce subsidence -related risks.
Other Conditions
13. All representations of the Applicant within the application and public hearing shall
be considered conditions of approval unless otherwise modified by the Board of
County Commissioners.
14.AII exterior lighting shall be downcast and shielded and comply with Section 7-
304, Lighting Standards, of the Land Use and Development Code of 2013, as
amended.
15.AII lots within the development shall be served by City of Glenwood Springs water.
The property owner(s) shall comply with all requirements from the City of
Glenwood Springs for connection to the municipal water system.
39
16.AII lots within the development shall be served by the West Glenwood Sanitation
District for wastewater. The property owner(s) shall comply with all requirements
of the West Glenwood Sanitation District for connection to the District's
wastewater system.
17.AII residential buildings shall have fire sprinklers installed prior to issuance of the
Certificate of Occupancy.
18.AII residential buildings shall be constructed using Radon Resistant New
Construction (RRNC) standards.
19.Building/foundation design and locations shall comply with the geotechnical
investigation required to be conducted by Condition number 12, above.
40
EXHIBIT
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
• My application required written/mailed notice to adjacent property owners and mineral
owners.
X Mailed notice was completed on the 20 day of JULY , 2017.
X All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
N/ All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
■ Please attach proof of certified, return receipt requested mailed notice.
O My application required Published notice.
Notice was published on the day of , 20_.
■ Please attach proof of publication in the Rifle Citizen Telegram,
❑ My application required Posting of Notice.
Notice was posted on the day of , 20_.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
Name: David Rasmussen
Signature:
Date: 7/25/17
aro
IT
nJ
G O
� r
psi
o..
lu
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mall Only
Fordollvary information, visit our webslte at wlvv,aaps.cote.
GLEMop. qI 0;iB,1 1
Crrtifle6 Foo
ru
OReturn Receipt Fee
(Endorsement Required)
Rcstrisred Oellvary Fee
(Fngorsamnt Rrrqulredl
ru ser.
IC Total Postage & Fees
$3,84
,ra
N
Sent To tp
t4 4 5-144 EhLar,
Niog kat. No„ 1
T4: f 66
$0700
$0.00
$0.00
0531
07
Postmark
flare
07/20/2017
orPO BorNo,
Wiiy,' alerts, ,ZIP.4
1
PS Form 3800, July 2014
Sec Reverse for Instructions
U.S. Postal Service"''
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.comC.
• 1i."
LAKE;,CFN rFl
4
I �s L 4
.D
m
O
PoCM t
CerUflod Fee
Return tRocolut Fee
(Endorsement Required)
R❑ctrlr.1nd uo-llvnry 1'40
(Endurcern via Hort ulrart)
$0. 07/20/2017
Tbtal Postage & Foos s .
Sana J
1 1,� S
fiaof+f i(pi. No.. C• �j
or PO Box No. �5_..s1"' •�� f
'�t5• G... 2173/.4.
�1fy, surto, ZI v d L G1 FL 32 02
10.00
yfj-- Postmark
Here
0531
10.110
s
07
:1400, July 21114
See Reversr, for Instructions
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mall Only
For dellvory Information, visit our website at www.usps.come,
slue 1 ,`"'1 L USE
o-
ru
Pa&;Yr 4
Certified Fee
Rolum Aacolpt Foo
(Eadotdemogl Requlrod)
Rehvletod Ortiv.ry Faa
(Endorcerntrni rirrrprlrarf)
5
Total Postage & FOoll
7S711 Fa
5
$0.0e—
$0.00
$07136t--
30.00
0531
07
Postmark
Hare
07/20/2017
of PO Box IVa
i:liy, flln o, /i13.4
I"r''• • ''r 109 AO}, Mitt
Sr, Raver
Ian II,anic
0
m
E0
714
U.S. Postal ServiceTM
CERTIFIED MAIL° REC
Domestic Mail Only
For dollvory information, visit our webslte at wv ueps,cam4.
EXHIBIT
1
GLFNW00I7 SPRI IGS'1r rv0;'814Oi
rt
Certified Fee
Return Receipt Fee
(Endorsement Required)
Reetdcled Delivery Fee
(Endorsement Required)
$0.
Total Postage & Fees
$0.00
10 00
$0.00
30.00—
Seer To
.711rootKiffirlio.
or PO Box No.
1820
0531
07
Postmark
Here
07/20/2017
'ay, Sora ZIt .4
•�ul�+I
PS Form 3800, July 2014
.I
see Reverse for Instructions
U.S. Postal Servicer''
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.cc111I •
GLEN, Opl1' ?P}110/11E2 nc
Pose
Certified Fee
Return Receipt Fee
(Endorsement Required)
ResIiInts0 D+rtivery Fen
(Enrlorronlont Required)
$0.
10.00
10.00
30.00
$0.00
Total Postage & Fees
$ 4
it40111 lb
. frust d afar. Nri,:' nOl r� ti f e1 Dorm 4.11
orP08oxNo. •PLJ 130x 1 t 13
0531
07
Postmark
Here
07/20/2017
City, Stator ZIP+4 6/
V1/4.1
311 D
PS Form 3800 July 2014 See Frverse for Instruct un,
U.S. Postal Servicer"
CERTIFIED MAIL"' RECEIPT
Domestic Mail Only
For dolivery Information, visit our website at www.usps.com 1,
GLeOp Fit"; l 0G 1'11 r?
poolle
Certified Fes
S
Return RecolptFea
(Endorsement Require i)
Reeiricted Delivery Fee
(Endorsement Required)
$0. 9
Tb1N Postage & Fees
$3.:4
$0.00
10.00
$0100
$0.00
0531
07
Poe6nerk
Hero
07/20/2017
811 0
or PO Box Na V £ 1-7
Gilt' 5`triin,
nn undo,lu zn1,1
■ O.
•
Scanned by CamScanner
CI
rn
co
r9
Q'
ru
ru
Q
C3
C
ru
co
ra
r9
N
m
r9
O-
ru
•
ru
O
ru
r rR
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mali Only
For delivery (nTormntion, visit our website at wtnv,usps,ccme-
GLENWOOD' SPRINGS! CO 81602
Certified Fee $0.1.10
Return Receipt Fee $0
(Endorsement Required)
Roeklcted delivery Fee 0 i)O
(Endorsement Required)
$0.
Total Postage & Fees
Sent r'o
$
0531
07
Postmark
Here
07/20/2017
$3.E4
(dirani k et..A,... Via41:61A
orP06oxNo. P0. 04-t_
stgre: l ,Need- # l.62_
See Reverse for Instructions
PS Form 3800, July 2014
U.S. Postal Service"
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery Information, visit our website at rsnWWunper.com'.
C ARBgi11FIL'r. 8I 613A 0,
Peed
Certified Fee
! '!
$0.00
Return Receipt Fee
(Endorsement Required)
Roaricled Delivery Fee
(Endarsmnenl Requited)
*0. 't9
Total Postage & Fees $ 07/20/2017
$0.00
0531
07
Postmark
Here
Sent To + 0 6:10 vykh,
0 WriiiKifirAlo., i Q
N "P° Box No, j l iri,1+V
... .ivn r
y Stale,ZIP-4
PS Form 3800, July 2014
r•••.t/1.
or 4
1
See Reverso for Instructions
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at wrviv.usps.com',
S E
GLVIi00.11F111111, 10A
Foal
Certified Foo
Rotum Receipt Feo
(Endorsement Roqulred)
Restricted Rel ivory Foo
(Endorsement Required)
*0.
Total Postage & Fees
7
$0.00
$.07-00
-
$0.00
$0.00---
0531
07
Poetmerk
Hers
07/20/2017
Sent To
Stiotiie[iirif; No;"
-POBOxNo. lar.. tArD ...
Ctrs Svraro, 21P+4
PS Fonn 310
Ir
rn
ca
1820 0002 2914 8410
ri
N
m
ri
ru
ru
0
Q
ru
r1
rg
Q
r.
U.S. Postal Service"
CERTIFIED MAIL° RECEIPT
Domestic Mall Only
FordRlivory informatlon,.visit our website et tJWI'trreps.corrl!
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Erndersamerll Required).
Total Postage & Fel
.
$0.0
•
eo
0531
07
Postmark
Here
07/20/2017
ant
Srreaf iZpf: Nu.;
or PO Box No.
CRy, Stara 4P+4
54456A 1C—C)
/ 064 V41
PS Form 3800, July 2014
. 'r
See Reverse for Inslruclions
U.S. Postal Service ""
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery. Information, visit our website at www usps.com".
GLEHW00[]_ S RI NC;5 r C
1 . .i
I.--.
PoetPostalle
Certified Fee
Return Receipt Fee
(Endorsement Required)
Roeiected Oativory Fen
(Endorsomanl RaquIred)
$0.
Total Poetege & Fee»
$3.
$0.00
*0.00
#}.1.00
til
07
Postmark
Here
07/20/2017
ant
ci.. -
o,Box
17 o f
orP08ox No, �h�G�r
Cloy, Stare..af'+4
1�
PS Form 3000, July 2014 Sea Rever
U.S. Postal Servicer"
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
u for hour uc Lens
For delivery information, visit our website at www.usps.com'.
GLEN J041]' 4R) I0Nt.1
USIE
PosisiP
Certified Fee
Return Andel Fee
(Endorsement Required)
Restricted Dolivory Fee
(Endorsement Required)
$0.
Tb(el Postage & Fees
*0.00
$13.00
*0.00
40.00
Smit lb
0531
07
Postmark
Hen
07/20/2017
SA
orPO Box No. i....P !' fra . Pr
GUY. z7 1 ‘D
• V4 . . I
Scanned by CamScanner
0002 2914 8441 .
a
ru
r-4
ra
a
N
ti
1%-
10 a0
ra
Ell
ru
0
ru
co
r:I
r9
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery inlormnllort, visit our website of wwsv,uspa.con1 .
Gimmor FRktworso Fi ! li
Posi d E337F
Certified Fae
Return Receipt Fee
(Endorsement Required)
flnalricled geitvery Fee
(endOrrmnter4 Required)
30.
Total Postage & Fees
3.
$0,0
$0.00
$0.00
$0.00
0531
07
Postmark
Here
07/20/2017
1820
SOnItr7 `firc& 1 Lo✓r ` g r N
iroot s rdi+ 5..16-Aac& .. 1 QI`..
or PO Box No. 366 Q� 43t� 'S.ba Jhw`,!_ r
dify, Stalk ZIP1.4
PS Form 3800, July 2014
See Reverse for Instructions
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
GLENWOOD.' tO 1 2 �bI «• i`,"'
Positgb
Certified Fee
Roturn Romig! Foe
(Endorsement Rogtrired)
Rostriated Delivery Fee
(Endorsement Regldrod)
4esTotal Postage & Fees
ThbOAA-5 +.31c1C1.(4 ............
-§roar &Apt, hfa..
or PC Box No.
Sear To
$0,00-
40.00
$0.00
.00
0`31
07
Postmark
Here
07/20/2017
cloy, Stara, ZIPa-4
5,r-; , (7 i t� Z
PS Forrn 3000, July 2014 See Reverse loi InstnIct0ons
U.S. Postal Service'•"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website et www.usps,som',
GLENWOOD.. SPRINGS, f CO.8161)1
Pet,A0
Cen':ud Fee
RN.um Rer:o-:pt Fee
(ErKSyrrerrect Moped)
Restrk0,,vo Ete0 yr r Foe
(Ear:sornuravrd Req:trol1r
$0
IPostage &Fess $ 07/20/2017
43.:4._--
nf o
.SEf �{ ]fpr a rldc... (rt. a �' ,'f ss i � ? b41
rMat' MA MJzL.4Qt7&,t' ,
C+1y Tito. DP. 1
3111111111111
10.00
■ 1
10.00
it
0531
07
Posbnerk
Hwa
Y�1ry
1
■
sa
sO
rt
0..
N
ru
Return Receipt Fee
CI (Endorsement Required)
Reatrlcted Delivery Fee
a IElldolsonl0nt Required)
fL 10. rh
013 Total Postage & Foes $
U.S. Postal Service"`
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery Information, visit our website at www.uspe.comw'.
GLEINt400D' FRI IC $07 111401
Postas 4
Certified Fee
Return Receipt Fee
(Endorsement Required)
Rosuicted Delivery Fee
(Endarsemeal Required)
10.
Total Postage & Fees
$3.
4,h
4•,
10.00-
30.00
10700 --
4
0531
07
Postmark
Here
07/20/2017
Sen! Ia
All kat)
`Sigma Aril. Nn.
or PO Box No.
V.11)04%
ddg stale, 2JP+4 r 1 v A S
PS Form 3800, July 2014
LQ
•
See Reverse for Instructions
U.S. Postal Servicer'
CERTIFIED MAIL' RECEIPT
Domestic Mail Only
For delivery Information, visit our website at ilivim rsps,cnm"'.
GLV44O U' S RI:t1 51 'MIR! 0I_)
0531
07
Pose
Certified Fee
$0.00
rR
N
ru
O
10
Postmark
10.00 Here
$ti.00—
$3.v
07/20/2017
Sant To
7014 1820 00022914
-Vita o
or PO Box No.
YL!I;•(tc +ty1
l\ Dv/ 5 pr
City, Srelo, ziFr 4
eV ,VO 0- f- c_ Si
e
s,l
PS Form 31100, July 2014
wee Reverse, for Instruction;
U.S. Postal Service
CERTIFIED MAIL' RECEIPT
Domestic Mail Only
Forldel{vely Information, visit our website at www.usps.com'.
GL NWOO 1"00) 101'41402
Certified Feo
Return Roccipi Fee
(Endorsement Roqulned)
Rosulctod Dolivery Feo
tlndorsensont Required)
10.
lbtal Postage & Feee
3siit 7b
0531
07
Hare
07/20/2017
Scanned by CamScanner
0'
rq
co
m
Leim
co
rR
ru
ru
17
O
ru
fff(o
r�
r -i
N
U.S. Postal Service""
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery Information, visit our werbsile at wwlv.00ps.com".
GL NWOQD' sry 101T.tEll. Ui
Posgj r
Celli:18d Fee
Rolum Receipt Foe
(Endorsement Required)
Restricted Delivery Foe
(Endorsement Required)
$11.
Total Postage & Foes
+ $J•
sera 7b fj+.{,rJ►{
$iarip
rrear. ha.,
or PO Box No.
City, state, ZIPr 4
$.00
$0.00
$+0.11r7—
$0.1)0
4
0531
07
Postmark
Here
07/20/2017
►100 . ►.4 CO
See Reverse for Instructions
PS Form 3800, July 2014
U.S. Postal Service`"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at.www,usps.con"
trill 1—
i
9r
roma$go
Certified Fee
Return Receipt Fee
(iridoreament Required)
Re -spieled Delivery Foe
(Endorsement Requirgq]
lbtel Postage & Fees
$0.l_I
$0.00
.
$0.00
— se.
0531
07
Postmark
Here
07/20/2017
Sent Te
A-LITILVin r
t
or PO Box No.
J.+� ._. i�cak�'
'ac'
-C°i7y ioio, 2/P+4
G 4� waa • s
PS Faun 3800, July 2014
(.0 g>* , a
See R2versu for Instruclions
U.S. Postal Service
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, vls11 aur wehsite at www.usps.coma.
GLi112 @Di1 1 e
,Ale
Carded Fes
Return R welpt Fee
(Endorsement P.equ'red)
RestrF;1od Delivery Feo
(Enders/men! Required)
Ibis! Postage & Fees
$3.5i
orr O B;►rU.,
wFOr3PxNo. %_Si�IM1iS.[
p Itrvcrs r• �„� 11,1n,111W ,
$0.00
$0.00
$9.00
$0.00
$0.00
0531
07
Postmark
Hen
07/20/2017
Soorro
1820 0002 2914 8526
rg
r -I
u,
r9
Er
ru
ru
O
ru
so
ri
2r
ra
r-
.A
IJT
S
r -i
0
ru
ru
0
0
ru
co
0
M1
U.S. Postal Service""
CERTIFIED MAIL° RECEIPT
Domestic MailOnly
For delivery Information, visit our website at wwwu. pa.coin1'.
GLENWOOD: 5PRI19NGr S c0,131601
P. P05�� t i � • - •
Return Receipt Fee
(Endorsement Required)
Rasiricled Delivery Fee
(Endorsement Required)
$0.
Tote! Postage & Fees
13,
Senflb
$0.00
sr. ,_,.3
0531
07
Postmark
Here
07/20/2017
$Trod! BAR IY�., -417441,..�Lla.}.._[_7:I h
or PO Box No. • 51.'414h 46 3kehw c
City, Stare, 2I11+4
W o@C[
PS Form 3800, July 2014
r •5 L b ..
See Reverse lor Inslructions
U.S. Postal Service`'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For doliVery in, ormation,•visit our website at tvtvtv.rrsps.cour.
Gi fit j40 D SPRINGS ri$16CIi `7cnT�} � ties:
meg.
Calif ed Fee
$0.90
Return Rsculpt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
$0.49
Total Postage & Fees $
$0.00
700-7
0531
07
Postmark
Here
07/20/2017
O
&reefaApi.No;T"
or PO Box No.
City, Stere, Z/P+4
V110
PS Form 3000, July 2014
• g)
Sec Reverse ( er l nslruelinns
U.S. Postal Service"'
CERTIFIED MAIL® RECEIPT
Domestic Mail Onfy
For delivery information, visit our website at wwwtisps.com`.
GLEW44OOD' �4�2 1 ' J 1°Ai Illi
PostUe
Certified Fee
Return ReeOlpi Fee
(Endorsement Required)
Roctrfeted De8wsy Fob
iEndersemant Required)
$O.
Thal Postage & Fees
Soni Its
Sired[ f F. Na.,
or PO Bax No.
Wry, smro, ZIP44
]�I
$0.00
$0.00
$0.00
49
30.00
$3.4
0531
07
Postmark
Here
07/20/2017
3 ye,., : .jn...Dr
• .._ C
11101r JuI .;fol
Scanned by CamScanner
rA
N
trt
or
ru
ru
Return Receipt Fee
3 (Endorsement Required)
0
Rastricied Delivery Fee
3 (Endereemoni Required)
ru
go
rl
U.S. Postal ServiceTM
CERTIFIED MAIL® RECEIPT
Domestic Mall Only
For delivery Info' Mellon, visit our webslte al wWW. tr9ps.comA.
GLEmo9aimiNG$1 9o/Ntipl
•
Poste
Certified Fee
r4
u,
cr
Ln
rugo
rq
ru
ru
rq
•=.
uri
ru
ru
ru
•
$0.
Total Postage & Fees
9e11t To
-Sfreot g Apt. NO.,
or PO Box No.
^elty, Stole, ZIP+a
0531
07
Postmark
Here
07/20/2017
_3_84
A-- Doc het
Th
111/6.viiikILA 6.11x440ki".1,51)(--
PS Form 3800, July 2019
Sec Rev,--,r5.C.1n,-
. _ .
U.S. Postal Service
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our iwebsite at www. usps. corn.
jUINIC:TIC11.10,1318y51.16
P.)
Certified Foo 10.00
$0.00
Return Recelpi Foe
(Endorsement Required}
Rosiricled Doirvery Foe
(Enderserneni RequItEirl)
$0.41
Tots1POeffige & Perla $
33
1A'5 VS,(1114'10,
Soni To B
ertoof g ;fp f:No..
Of PO Sox No. UP5 goad'
0531
07
Postmark
Here
07/20/2017
Ody, -§ foto, 21P+4
A141144
PS Form 3800, July 2014
41
c)50
1
Sue R,VI`rf. ar 111S1111.:licM,
U.S. Postal Service".
CERTIFIED MAIL® RECEIPT
Domestic Mall Only
For delivery information, visit our website at svivw.usps.cone,..
N -01 1
aqtad SPF
Certmed Foo
Roiurn Ro-Colpi Fee
(Endorsement Required)
Rotultied Dothiery Fee
tEridoreem urn Required)
$0.
Total Pottage & Foes
‚y.
. I I
10.00
—su-o
10.00
051
07
Peabawk
He
07/20/2017
11.1.4t\\ tir ete-:.14-. -64e OWIMS.Agg..-•
Sorg TO —1
...gfalilAor.
7,5"°' 1S-3 tro.14.6aei. 612'44-
2IP+4
VN 4'1 S 5
i
• h.;
Sto• Fruvuenu for lnutrtictIons
N O
N O
Lt)
NO
zr
rg
[r•
ru
ru
ni
0
N O
r-
-0
zr
ru
ru0
0
0
0
ru
NO
rq
N a
0
U.S. Postal Service''
CERTIFIED MAIL RECEIPT
Domestic Mail Only
For dellirery information, visit our website at www, usp:),corw
GLENWORD7SPRIJ4Gt 90 ,E1601 11 cr
Poegf
Certified Foo
ftetarii Fleeelpt Poe
(Endorsoineril Required)
Restricied Delivery Fee
(Endorserneni Required)
.
Total Postage & Fase
$0.00
10.00
$0.00
10.00
49
0531
07
Postmark
HIM
07/20/2017
Sear TO
ifiCKNO.:"
or PO Sox No.
6iy, Moto, 21P+4
MW'
7-5 .43.4,14..&L'p. aa, ZIA/5 Di -
CO 11
Sco r -se 1 r Irs,ruct
PS Form 3000, July 2014
U.S. Postal Service'
CERTIFIED MAIL" RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.corn
GLNyopry RI 0j81 iu 3E
IA45
Corlified Foe
10.00
$0.00
Fleium Receipt Fes
(Endorsement Required)
Reollftled ()every FeO
(Endorsement Required)
$0.
'bad Postage & Fees
$10.00
$0.00
$ .00
0531
07
Postmark
Here
07/20/2017
rinf
5c.tAlki 4- Kber
4'g .Creksicl.c...LIAIA"
ClI$Sra1a,2P+4 .4
I w4i
4
lim04404
11
tIIL..1
Scanned by CamScanner
July 26, 2017
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood Springs Area Office
0088 Wildlife Way
Glenwood Springs, CO 81601
P 970.947.2920 1 F 970.947.2936
David Pesnichak
Senior Planner
Garfield County Development
108 8th St. Suite 401
Glenwood Springs, CO 81601
RE: Mountain Shadows Place Minor Subdivision Referral - CPW Comments
EXHIBIT
7
Dear Mr. Pesnichak,
Colorado Parks and Wildlife (CPW) has reviewed the application materials for the subdivision
of a 0.833 acre parcel located on Mountain Shadow Drive in West Glenwood Springs. This
parcel is surrounded by existing residential developments and wildlife impacts resulting from
the proposed activity are anticipated to be negligible.
However, CPW does consider this a high bear activity area and suggests that any new
developments utilize all measures to eliminate bear attractants and reduce human -bear
conflicts. Recommendations from CPW include the following:
1. Require new residents to use bear -proof trash containers, or create a bear -proof
centralized trash pick-up location.
2. Encourage new residents to follow "bear aware" practices including: feeding pets
indoors and storing pet food indoors, cleaning BBQ grills after use, removing bird
feeders during summer months and/or at night, only placing trash out on morning of
pick-up, not composting food waste outside, etc.
3. Prohibit fruit, berry, and nut producing trees and shrubs from landscaping plans.
Eliminating attractants and being "bear aware" is imperative for reducing conflicts and
avoiding habituation of bears to urban environments.
Colorado Parks and Wildlife appreciates the opportunity to review and provide comments for
this project. If there are any questions or needs for additional information don't hesitate to
contact Land Use Specialist, Taylor Elm, at (970) 947-2971 or District Wildlife Manager, Dan
Cacho, at (970) 456-7003.
Sincerely,
P- Will, Arf(Wildlife Manager
Cc. Ddn Cacho, Taylor Elm, File
Bob D. Broscheld, Director, Colorado Parks and Wildlife . Parks and Wildlife Commission: Robert W. Bray • Jeanne Home
John Howard, Vice -Chair • Dale Pizel • James Pribyl, Chair • James Vigil • Dean Wingfield • Michelle Zimmerman, Secretary • Alex Zipp
David Pesnichak
From: Michael Prehm
Sent Monday, July 24, 2017 2:10 PM
To: David Pesnichak
Cc Wyatt Keesbery; Dale Stephens; Dan Goin; Rayjean Roman
Subject: Mountain Shadows Place Minor Subdivision
David,
EXHIBIT
t s
Garfield County Road & Bridge has reviewed this application. The proposed project is using a shared private access
easement at the end of Mountain Shadows Drive. Road & Bridge have no concerns with this access. Thanks for the
opportunity to review.
Sincerely
Mike Prehm
Garfield County R & B Foreman
(970) 625-8601 Office
(970) 625-8627 Fax
1
David Pesnichak
From: Kuster - CDPHE, Kent <kent.kuster@state.co.us>
Sent: Tuesday, August 01, 2017 9:23 AM
To: David Pesnichak
Subject: MISA-05-17-8547
August 1, 2017
David Pesnichak, Staff Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: File No. MISA-05-17-8547
Dear Mr. Pesnichak,
EXHIBIT
01
The Colorado Department of Public Health and Environment has no comment on the Mountain
Shadows Place Minor Subdivision File No. MISA-05-17-8547. However, we do recommend that the
contractor comply with all state and federal environmental rules and regulations. This may require
obtaining a permit for certain regulated activities before emitting or discharging a pollutant into
the air or water, dispose of hazardous waste or engaging in certain regulated activities.
Sincerely,
Kent Kuster
Environmental Specialist
Colorado Department of Public Health and Environment
1
David Pesnichak 11 EXHIBIT (.)
From: Hannah Klausman <hannah.klausman@cogs.us>
Sent: Tuesday, August 08, 2017 2:55 PM
To: David Pesnichak
Subject: FW: Mountain Shadows Place Minor Subdivision - Referral
Attachments: Mount Shadows Place - Referral Request Form.pdf; Can & Will Serve Letter
12-10-2014.pdf; Can & Will Serve Letter 4-21-2017.pdf
Dave,
I have reviewed the attached referral for Permit MISA-05-17-8547 for the subdivision of Mountain Shadows Place. I have
attached the Will Serve letters that the City has issued previously for this location that also outline City requirements for
installation and fees associated with tapping into City water services. The City of Glenwood Springs has no further
comment regarding this application.
Thank you.
Starting August rh, 2017, City Hall will be open from 7am to 7pm Monday — Thursday. Closed on Friday. Staff will be available during
those hours however if you are looking to meet with a specific Planner, please call ahead to check availability. Thank you.
Hannah Klausman
Planner II
City of Glenwood Springs
101 W. Eighth Street
Glenwood Springs, CO 81601
970.384.6407 (p) 970.945.8582 (f)
hannah.klausman@cog5.us
From: David Pesnichak [mailto:dpesnichak@Barfield-caunty.cam]
Sent: Thursday, July 20, 2017 11:40 AM
To: Kelly Cave <kcave@garfield-county.cam>; Morgan Hill <mhill@Barfield-county.com>; Wyatt Keesbery
<wkeesbery@garfield-countv.com>; Scott Aibner <saibner@comcast.net>; Steve Anthony <santhonys►garfield-
county.com>; bret.icenogle@state.co.us; CGS LUR@mines.edu; Hoyer - DNR, Scott <scott.hover@state.co.us>;
taylor.elmgastate.co.us; Gretchen E Ricehill <gretchen.ricehill(cogs.us>; Chris Hale <chris@mountaincross-eng.cam>;
Ron Biggers <ron.biagers@cogs.us>; jvwgsd@outlook.com
Subject: Mountain Shadows Place Minor Subdivision - Referral
Hello,
1
To: Mark Beckler: Sopris Engineering — LLC
From: Scott Aibner — Garfield County Surveyor
Subject: Plat Review: Mountain Shadow Subdivision
Date: 08/08/2017
Mark,
EXHIBIT
Garfield County
SURVEYOR
SCOTT AIBNER, P.L.S
Upon review of the Quick Silver Court Subdivision, I have comments or corrections to be made prior to
approval for survey content and form as follows:
- Please include the annotated distance from the Southeast comer of Lot Two to the nearest property
corner.
Once this and all final comments from Community Development have been completed, the Mylar may be
prepared for recording. The Mylar shall be delivered to the Community Development office with all private
party signatures no later than Monday the week prior to the next commissioner meeting day in order to make
that meeting.
Sincerely,
Scott Aibner
Garfield County Surveyor
cc David Pesnichak — Community Development Department
109 8th Street, Suite201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner a�garfield-countycom
August 9, 2017
Mr. David Pesnichalc
Garfield County Planning
108 8tl' Street, Suite 401
Glenwood Springs, CO 81601
" •
. Civil and Environmental Consulting and Design
MOUNTAIN CROSS
►:� ENGINEERING, INC.
RE: Mount Shadows Place Minor Subdivision: MISA-05-17-8547
Dear David:
EXHIBIT
rz
This office has performed a review of the documents provided for the Minor Subdivision
Application of Mount Shadows Place. The submittal was found to be thorough and well organized.
The review generated the following comments:
1. The Fire Marshal should review the turning movements and provide final approval. The
minimum fire truck turning radius is listed as larger than the radii that is shown on the plans.
2. The Applicant should discuss if the proposed access road is intended to provide
access/connection to the neighboring property to the west of the proposed development.
3. The Applicant should discuss how the two parking spaces to the north of the drive will be
reserved for Lot 3, as proposed.
4. The Applicant should discuss how the driveway wall be maintained during the winter. The
10% grades of two switchbacks could make this road impassable during winter conditions.
Guard -railing may be warranted. The Applicant should provide further information.
5. The Applicant should provide more information on the roadway surface that is planned. Gravel
would not withstand 10% slopes.
6. The Applicant shows 16' wide roadway surface (two 8' lanes). The Fire Marshal seems to
require 20' wide in their email. The Applicant should clarify.
7. The discussion on the detention pond seems to state that restriction of flows is impractical and
only volume would be provided. This is agreed for the 2 -year storm. The engineer for the
Applicant should evaluate this statement for applicability for the 25 -year storm. Restrictions
of developed flows for larger storms may be more practical.
8. There are other public improvements proposed than are listed in the Engineers Estimate. This
should be revised to include such items as storm drainage, road construction, and erosion
control.
Feel free to call if you have any questions or comments.
Sincerely,
Mounts' Cross Engintleriny, ilnc.
Chris Hale, PE
8261/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
David Pesnichak
From: Ron Biggers <ron.biggers@cogs.us>
Sent: Monday, August 14, 2017 5:16 PM
To: David Pesnichak
Subject: RE: Mountain Shadows Place Minor Subdivision - Referral
Dave,
Yes we have some concerns, I have listed them below.
EXHIBIT
!3
We need to revisit the fire engine auto turn with the engineer.
The location and design of the fire engine turn around may have to tweaked some.
By code the road should be two 10' wide lanes. With the width of the engine being a little Tess than 8'. We could live
with the Garfield County's road width of 18' of hard surface with a 1' gravel shoulder on each side.
By code the road surface should be an all-weather one. On a flat road gravel may work but as Chris mentions on a 10%
grade it will not.
The 10% slope in winter may also be an issue, thus needs to be revisited.
The applicant does state the homes will have fire sprinklers installed in them. We are requiring them because of the
access issues and limited water for fire flow .
Ron Biggers
Deputy Fire Marshal
Glenwood Springs Fire Department
Fire Sprinklers Save Lives!!!
970-384-6433
Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and may
contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message. Content cannot be guaranteed to be secure or error -free as information could
be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore
does not accept liability for any errors or omissions in the contents of this message, which arise as a result of
e-mail transmission. If verification is required, please request a hard -copy version.
Garfield County
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: David Pesnichak
August 14, 2017
Hello David,
Public Health
EXHIBIT
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
I have reviewed the application for the Mountain Shadows Subdivision in Glenwood Springs and
did not identify any environmental health concerns to recommend as conditions of approval as
the site has adequate water and sewer plans in place and has also addressed storm water
runoff from the property. However, there are a few items our office would like to suggest with
regards to residential developments:
- Homes constructed on the subdivided lots should be constructed using radon resistant
new construction (RRNC) standards. Radon is very prevalent in Glenwood Springs, with
nearly half of homes at levels above the "action limit" of 4 picocuries per liter of air
(pCi/L). New construction standards make radon mitigation much easier than
retroactively doing the work on an existing home. See the EPA website for more
information.
Despite the low runoff potential from the properties, potentially hazardous materials such
as paints, oils, pesticides, or fertilizers should be stored properly to prevent them from
entering groundwater supplies.
Thank you,
Morgan Hill
Environmental Health Specialist III
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Garfield County Public Health Department — working to promote health and prevent disease
David Pesnichak
From: Tesia Zuba <zute9901@gmail.com>
Sent: Friday, August 11, 2017 5:48 PM
To: David Pesnichak
Subject: concerning Mt Shadow subdivision proposal
Follow Up Flag: FollowUp
Flag Status: Flagged
EXHIBIT
! OS
Hello,
I am writing in regards to the proposed subdivision on Mt Shadows Drive. As I live on Ponderosa Dr just down
from this proposed change, I am concerned for the additional traffic that the additional houses will cause. We
have plenty of people that speed by our house as it is and an additional 2 houses could mean an additional 8 cars
coming past our house. This is too many in my opinion especially with the lack of law enforcement keeping this
traffic in check.
I wish you the best in creating a home for your family but please consider the families that are already in this
area.
Thank you for your consideration
Tesia Zuba
59 Ponderosa Dr
zute99O I @gmai Learn
1
COLORADO GEOLOGICAL SURVEY
1801 19"' Street
Golden, Colorado 80401
August 17, 2017
EXHIBIT
Karen Berry
State Geologist
David Pesnichak, AICP Location:
Garfield County Community Development SW SE SW Section 34,
108 8th Street, Suite 401 T5S, R89W, 6th P.M.
Glenwood Springs, CO 81601 39.5665, -107.3678
Subject: Mountain Shadow Place Minor Subdivision
File Number MISA-05-17-8547; Garfield County. CO; CGS Unique No. GA -18-0002
Dear Mr. Pesnichak:
Colorado Geological Survey has reviewed the Mountain Shadow Place minor subdivision referral. I
understand the applicant proposes three residential lots on 0.83 acre located west of 388 Mountain Shadow
Drive. No geologic or geotechnical information was included with the available referral documents. A Master
Drainage Report for Mountain Shadow Subdivision (Sopris Engineering, LLC, May 17, 2017) includes NRCS
Soil Survey information, but soil survey data is considered valid for only the uppermost five feet below the
ground surface.
CGS visited the site on August 1, 2017. We did not observe any surface conditions that would preclude the
proposed residential use and density. According to available geologic mapping, the site is underlain by
geologically young debris fan deposits that have accumulated at the base of the slopes to the north and
northwest. The slopes are not large, and the site appears to be located a sufficient distance from the base of the
slopes that a debris flow hazard analysis is not required. CGS therefore has no objection to approval of the
three -lot subdivision as proposed. However, we have several comments:
Hydrocompaction and subsidence due to dissolution of gypsifcrous material. The site soils are derived
from and underlain by, at an unknown depth, Eagle Valley Evaporite containing the soluble minerals
gypsum, anhydrite, and halite. The surficial debris fan deposits are likely to be loose, low density, low
strength, and hydrocompactive, meaning they can lose strength, settle, compress, or collapse under loading
and/or when water infiltrates the soils. Thick columns of compressible or collapsible soils can result in very
significant settlement and structural damage. Sinkholes, subsidence, ground deformation and settlement due
to collapse of solution cavities and voids are active processes in the Roaring Fork Valley, and are an
unpredictable risk that should not be ignored.
• Lot -specific geotechnical investigations consisting of drilling, sampling, lab testing and analysis will
be needed, once building locations have been identified, to: determine the thickness and extent to
which the soils beneath each proposed structure are subject to settlement or collapse under loading
and/or wetting; characterize soil and bedrock engineering properties such as density, strength, water
content, swell/consolidation potential and bearing capacity; determine depths to groundwater, bedrock,
and any impermeable layers that might lead to development of a perched water condition; determine
the feasibility of full -depth basements, if planned; and provide earthwork, foundation, floor system,
subsurface drainage, and pavement recommendations for design purposes. It is imperative that
GA -18-0002 1 Mountain Shadow Place Minor Subdivision
12:15 PM, 08/17/2017
David Pesnichak
August 17, 2017
Page 2 of 2
grading, surface drainage, and subsurface drainage are correctly designed, constructed and maintained
to prevent wetting of potentially collapsible and expansive soils surrounding foundation elements.
• If conditions indicative of subsidence or sinkhole formation are encountered during site investigations
or construction, an alternative building site should be considered or the feasibility of mitigation
alternatives should be evaluated.
• Techniques such as engineered, rigid foundation design, geotextile ground reinforcement, and/or strain
isolation trenches should be considered to reduce subsidence -related risks.
• Current and future owner(s) should be made aware of the potential for sinkhole development, since
early detection of building distress and timely remedial actions are important factors in reducing the
cost of building repairs should an undetected subsurface void start to develop into a sinkhole during or
after construction.
Thank you for the opportunity to review and comment on this project. If you have questions or need further
review, please call me at (303) 384-2643, or email Carlson@mines.cdu.
Jill 'ndscm. C.E.G.
Engineering Geologist
GA -18-0002 1 Mountain Shadow Place Minor Subdivision
12:15 PM, 08/17/2017
Garfield County
August 17, 2017
David Rasmussen
826 Highway 133, Suite C
Carbondale, CO 81623
Reference: Administrative Review Minor Subdivision — Mountain Shadow Place
Garfield County File Number MISA-05-17-8547
Dear Mr. Rasmussen;
This letter is provided to you, as the authorized representative for Garfield County File
MISA-05-17-8547, pertaining to a Minor Subdivision of a parcel owned by Western Slope
Welding, LLC with Parcel ID 211934300006. This letter is notification that your request
for subdivision has been reviewed by the Community Development Department and the
Director hereby issues a determination conditionally approving the request. The
conditions of approval are as follows:
Conditions Prior to Signature of the Plat
1. The Applicant has 90 days within which to satisfy applicable conditions of approval
and provide the following documentation for BOCC signature and recordation:
a. A plat mylar with signed Certificates that include Dedication and
Ownership, Title, Taxes, Surveyor, and any mortgagees.
b. The following amendments shall be made to the plat prior to obtaining
signatures. This updated plat shall be provided to and reviewed by the
Community Development Department prior to creating a Mylar copy of
the plat and obtaining any signatures.
i. The name and address of the surface owner and mineral
owners shall be shown on the plat.
ii. A black and white Vicinity Map shall be added to the plat.
iii. The setback lines shall be removed from the plat.
1
iv. The Certificate of Dedication and Ownership shall be
updated to match current form.
v. The County Commissioners Certificate shall be updated to
match current form.
vi. The following plat note shall be added to the plat: No
further subdivision of the parcels within Mountain
Shadows Place Minor Subdivision are permitted by Minor
Subdivision, as defined in the Land Use and Development
Code of 2013, as amended.
vii. A line to fill in the Book and Page for the proposed Codes
Covenants and Restrictions shall be added to the plat.
viii. Include the annotated distance from the Southeast corner
of Lot Two to the nearest property corner.
ix. The parking easement graphic designation for the
westernmost parking space for Lot 3 is not consistent with
its label. The graphic designation of the westernmost
parking space for Lot 3 shall be corrected to be consistent
with its label.
x. The following plat note shall be added: "Current and future
owner(s) should be made aware of the potential for
sinkhole development, since early detection of building
distress and timely remedial actions are important factors
in reducing the cost of building repairs should an
undetected subsurface void start to develop into a sinkhole
during or after construction."
c. Recording Fees.
2. Prior to the BOCC signature on the Plat the Applicant shall provide the school
impact fee, payment in -lieu of school land dedication. The school impact fee shall
be in the amount of $13,680.54.
3. Prior to the BOCC signature on the Plat the Applicant shall provide an explanation
of the provided cost estimate and explain why the storm drainage, road
construction, and erosion control were not included. This explanation shall be
reviewed and accepted by the Community Development Department and County
designated engineer. Should it be determined that additional improvements need
to be included in the cost estimate due to this review or any other required
improvements for determination of the financial security, then the Applicant shall
revise the cost estimate to the satisfaction of the County Attorney, County
designated engineer, and the Community Development Department.
4. Prior to the BOCC signature on the Plat the Applicant shall complete the
Subdivision Improvements Agreement (SIA). The SIA shall be in final completed
form prior to scheduling the document for Board signature. The SIA shall be signed
by the Board in a public meeting prior to Board signature on the Mylar plat. The SIA
2
shall be reviewed and accepted by the County Attorney's Office and Community
Development Department, with all edits completed and signed by the property
owner, prior to scheduling the SIA and Mylar plat for signature with the Board.
5. Prior to the BOCC signature on the Plat the Applicant's engineer shall evaluate the
applicability of the drainage infrastructure for the 25 -year storm. This evaluation
shall be reviewed and accepted by the County designated engineer and Community
Development Department.
6. Prior to the BOCC signature on the Plat, the below measures shall be incorporated
into the CCRs for the development, as recommended by Colorado Parks and
Wildlife. Such measures are to help eliminate animal attractants.
a. All residents shall use bear -proof trash containers, or create a bear -proof
centralized trash pick-up location.
b. Encourage new residents to follow "bear aware" practices including:
feeding pets indoors and storing pet food indoors, cleaning BBQ grills
after use, removing bird feeders during summer months and/or at night,
only placing trash out on morning of pick-up, not composting food waste
outside, etc.
c. Prohibit fruit, berry, and nut producing trees and shrubs from
landscaping plans.
7. Prior to the BOCC signature on the Plat an analysis for the turning movements of
the fire protection equipment on the driveway shall be reviewed and accepted by
the Glenwood Spring Fire Department.
8. Prior to the BOCC signature on the Plat the turnaround for the fire protection
equipment on the driveway be reviewed and accepted by the Glenwood Spring Fire
Department.
9. Prior to the BOCC signature on the Plat the driveway width shall be reviewed and
accepted by the County designated engineer, Glenwood Spring Fire Department,
and Community Development Department.
10. Prior to the BOCC signature on the Plat the Applicant shall provide more information
on the driveway surface material and provisions that are proposed to be taken to
ensure that the surface will hold up over time and in varying weather conditions
given the grade. This information shall be reviewed and accepted by the County
designated engineer, Glenwood Springs Fire Department, and Community
Development Department.
11. Prior to the BOCC signature on the Plat the Applicant shall provide a description of
the winter maintenance that will be performed and an analysis of whether a guard
rail is warranted. This information on winter maintenance and analysis of whether
a guard rail is warranted shall be reviewed and accepted by the County designated
3
engineer and Community Development Department.
12. Prior to the BOCC signature on the Plat the Applicant shall conduct a geotechnical
investigation of the property and follow the recommendations made by the Colorado
Geological Survey (CGS). This geotechnical investigation shall be reviewed and
accepted by the County designated engineer and Community Development
Department. The Applicant shall comply with all recommendations of the
geotechnical investigation. The requirements for the geotechnical investigation, as
described by CGS are as follows:
Hydrocompaction and subsidence due to dissolution of gypsiferous
material. The site soils are derived from and underlain by, at an unknown
depth, Eagle Valley Evaporite containing the soluble minerals gypsum,
anhydrite, and halite. The surficial debris fan deposits are likely to be loose,
low density, low strength, and hydrocompactive, meaning they can lose
strength, settle, compress, or collapse under loading and/or when water
infiltrates the soils. Thick columns of compressible or collapsible soils can
result in very significant settlement and structural damage. Sinkholes,
subsidence, ground deformation and settlement due to collapse of solution
cavities and voids are active processes in the Roaring Fork Valley, and are
an unpredictable risk that should not be ignored.
■ Lot -specific geotechnical investigations consisting of drilling,
sampling, lab testing and analysis will be needed, once building
locations have been identified, to: determine the thickness and
extent to which the soils beneath each proposed structure are
subject to settlement or collapse under loading and/or wetting;
characterize soil and bedrock engineering properties such as
density, strength, water content, swell/consolidation potential and
bearing capacity; determine depths to groundwater, bedrock, and
any impermeable layers that might lead to development of a perched
water condition; determine the feasibility of full -depth basements, if
planned; and provide earthwork, foundation, floor system,
subsurface drainage, and pavement recommendations for design
purposes. It is imperative that grading, surface drainage, and
subsurface drainage are correctly designed, constructed and
maintained to prevent wetting of potentially collapsible and
expansive soils surrounding foundation elements.
• If conditions indicative of subsidence or sinkhole formation are
encountered during site investigations or construction, an alternative
building site should be considered or the feasibility of mitigation
alternatives should be evaluated.
• Techniques such as engineered, rigid foundation design, geotextile
ground reinforcement, and/or strain isolation trenches should be
4
considered to reduce subsidence -related risks.
Other Conditions
13.AII representations of the Applicant within the application and public hearing shall
be considered conditions of approval unless otherwise modified by the Board of
County Commissioners.
14.AII exterior lighting shall be downcast and shielded and comply with Section 7-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
15.AII lots within the development shall be served by City of Glenwood Springs water.
The property owner(s) shall comply with all requirements from the City of Glenwood
Springs for connection to the municipal water system.
16.AII lots within the development shall be served by the West Glenwood Sanitation
District for wastewater. The property owner(s) shall comply with all requirements of
the West Glenwood Sanitation District for connection to the District's wastewater
system.
17.AII residential buildings shall have fire sprinklers installed prior to issuance of the
Certificate of Occupancy.
18. All residential buildings shall be constructed using Radon Resistant New
Construction (RRNC) standards.
19. Building/foundation design and locations shall comply with the geotechnical
investigation required to be conducted by Condition number 12, above.
Notice of this decision will be provided to the Board of County Commissioners who has
the ability to 'call-up' the application for review at a public hearing. You will be notified of
the Board decision once it is received or upon expiration of the 10 day notice period.
Feel free to contact myself or David Pesnichak, the staff planner, if you have any
questions regarding this decision.
Sincerely,
She ! : .wer, AICP
Dire or of Community Development
Attachment
Cc: BOCC
5
Exhibit A
Minor Subdivision Plat
0
5
3
0
02
F. AZ
bt t• = At
150
n fi i! 1 fi 'Z
tS2 II WI
r 4'4
1 t
; i z
1
it
I;
6
MOUNTAIN SHADOW PLACE SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT
__S4
1
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this _ clay
of , by and between CMH Homes, Inc. ("Owner") and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of
Colorado, as a body politic and corporate, directly or through its authorized representatives and agents
("BOCC").
Recitals
WHEREAS, Owner is the owner and developer of the Mountain Shadow Place Subdivision (the
"Subdivision"), as depicted on the Final Plat thereof recorded in the public records of Garfield County,
Colorado at Reception No. (the "Final Plat");
WHEREAS, as a condition precedent to the approval of the Final Plat submitted to the BOCC as
required by the laws of the State of Colorado and by the Garfield County Land Use and Development
Code, as amended ("LUDC"), Owner wishes to enter into this SIA with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a letter of credit or other security in a form
satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has
agreed to certain restrictions and conditions regarding the sale of properties and issuance of building
permits and certificates of occupancy within the subdivision, all as more fully set forth below; and
WHEREAS, the Subdivision is subject to the Mountain Shadow Place Subdivision Restrictive
Covenants and Cost Sharing Agreement, recorded in the public records of Garfield County, Colorado at
Reception No. (the "Cost Sharing Agreement"); and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
promises contained herein, the BOCC and Owner ("Parties") agree as follows:
Agreement
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the
Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
requirements of the LUDC, and any other governmental or quasi -governmental regulations
applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of
the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time
prescribed herein.
2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and
installed the subdivision improvements, identified in the Exhibits defined in
subparagraph 2.a.i., below ("Subdivision Improvements") at Owner' expense, including
payment of fees required by Garfield County and/or other governmental and quasi -
governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision
Improvements shall be completed on or before the end of the first full year following
execution of this SIA ("Completion Date"), in substantial compliance with the following:
Plans marked Approved for Construction for all Subdivision Improvements
prepared by Sopris Engineering, such plans being summarized in the list of
drawings attached to and made a part of this SIA by reference as Exhibit A; the
estimate of cost of completion, certified by and bearing the stamp of Owner' s
professional engineer licensed in the State of Colorado (Owner' s Engineer),
attached to and made a part of this SIA by reference as Exhibit B, which
estimate shall include an additional 10% percent of the total for contingencies;
and all other documentation required to be submitted along with the Final Plat
under pertinent sections of the LUDC (Final Plat Documents).
ii. All laws, regulations, orders, resolutions and requirements of Garfield County
and all special districts and any other governmental entity or quasi -
governmental authority(ies) with jurisdiction.
The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all
Subdivision Improvements are constructed and installed in accordance with this
paragraph 2, the record drawings have been submitted upon completion of the
Subdivision Improvements, and all other requirements of this SIA have been met, then
the Owner shall be deemed to have satisfied all terms and conditions of the Final Plat
Documents and the LUDDC, with respect to the installation of Subdivision
Improvements.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE -VEGETATION).
a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for
Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to
the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter
of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated
in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform
Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be
in the amount of $122,480.19, representing the full estimated cost of completing the
Subdivision Improvements, with a sufficient contingency to cover cost changes,
unforeseen costs and other variables (not less than 10% of the estimated cost and as
approved by the BOCC) to guarantee completion of the Subdivision Improvements. The
LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the
Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole
option, may permit the Owner to substitute collateral other than a Letter of Credit, in a
form acceptable to the BOCC, for the purpose of securing the completion of the
Subdivision Improvements subject of this Paragraph 3.a.
b. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a
state or national banking institution acceptable to the BOCC. If the institution issuing
the LOC is not licensed in the State of Colorado and transacting business within the
State of Colorado, the LOC shall be confirmed within the meaning of the Uniform
Commercial Code, Letters of Credit, 4-5-101, et seq., C.R.S., as amended, by a bank that
is licensed to do business in the State of Colorado, doing business in Colorado, and
acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under
the LOC shall be at an office of the issuer or confirmer located in the State of Colorado.
The Final Plat of the Subdivision shall not be recorded until the security, described in
this paragraph, has been received and approved by the BOCC.
c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a.,
above, is extended by a written amendment to this SIA, the time period for the validity
of the LOC shall be similarly extended by the Owner. For each six (6) month extension,
at the sole option of the BOCC, the face amount of the LOC shall be subject to re-
certification by Owner's Engineer of the cost of completion and review by the BOCC.
d. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any
reason, including bankruptcy of the Owner or the financial institution issuing or
confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of
completion of the Subdivision Improvements, this SIA shall become void and of no force
and effect and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do
so by means of submission to the Building and Planning Department of a "Written
Request for Partial Release of LOC", in the form attached to and incorporated by this
reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of
partial completion of improvements. The Owner's Engineer's seal shall certify that the
Subdivision Improvements have been constructed in accordance with the requirements
of this SIA, including all Final Plat Documents. Owner may also request release for a
portion of the security upon proof that 1) Owner has a valid contract with a public utility
company regulated by the Colorado Public Utilities Commission obligating such
company to install certain utility lines; and 2) Owner has paid to the utility company the
cost of installation as required by the contract. The BOCC shall authorize successive
releases of portions of the face amount of the LOC as portions of the Subdivision
Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by
the Owner's Engineer and said certification is approved by the BOCC.
f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's
Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of
partial completion of improvements, the BOCC may review the certification and may
inspect and review the Subdivision Improvements certified as complete to determine
whether or not they have been constructed in compliance with relevant specifications,
as follows:
If no letter of potential deficiency is furnished to Owner by the BOCC within
fifteen (15) business days of submission of Owner's Written Request for Partial
Release of LOC, accompanied by Owner's Engineer's certificate of partial
completion of improvements, all Subdivision Improvements certified as
complete shall be deemed approved by the BOCC, and the BOCC shall authorize
release of the appropriate amount of security.
ii. If the BOCC chooses to inspect and determines that all or a portion of the
Subdivision Improvements certified as complete are not in compliance with the
relevant specifications, the BOCC shall furnish a letter of potential deficiency to
the Owner, within fifteen (15) business days of submission of Owner's Written
Request for Partial Release of LOC, accompanied by Owner's Engineer's
certificate of partial completion of improvements.
If a letter of potential deficiency is issued identifying a portion of the certified
Subdivision Improvements as potentially deficient, then all Subdivision
Improvements not identified as potentially deficient shall be deemed approved
by the BOCC, and the BOCC shall authorize release of the amount of security
related to the Subdivision Improvements certified as complete and not
identified as potentially deficient.
iv. With respect to Subdivision Improvements identified as potentially deficient in a
letter of potential deficiency, the BOCC shall have thirty (30) days from the date
of the letter to complete the initial investigation, begun under subparagraph
3.f.ii., above, and provide written confirmation of the deficiency(ies) to the
Owner.
v. If the BOCC finds that the Subdivision Improvements are complete, in
compliance with the relevant specifications, then the appropriate amount of
g.
security shall be authorized for release within ten (10) business days after
completion of such investigation.
BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the
thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision
Improvements are not complete, or if the BOCC determines that the Owner will not or
cannot construct any or all of the Subdivision Improvements, whether or not Owner has
submitted a written request for release of LOC, the BOCC may withdraw and employ
from the LOC such funds as may be necessary to construct the Subdivision
Improvements in accordance with the specifications, up to the face amount or
remaining face amount of the LOC. In such event, the BOCC shall make a written finding
regarding Owner's failure to comply with this SIA prior to requesting payment from the
LOC, in accordance with the provisions of Article 13 of the LUDC. In lieu of or in addition
to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages
for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision
Improvements. The BOCC shall provide the Owner a reasonable time to cure any
identified deficiency(ies) prior to requesting payment from the LOC or filing a civil
action.
h. Final Release of Security. Upon completion of all Subdivision Improvements, Owner
shall submit to the BOCC, through the Community Development Department: 1) record
drawings bearing the stamp of Owner's Engineer certifying that all Subdivision
Improvements have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents, in hard copy and digital format acceptable to the
BOCC; and 2) a Written Request for Final Release of LOC, in the form attached to and
incorporated herein as Exhibit E, along with Owner's Engineer's stamp and certificate of
final completion of improvements.
The BOCC shall authorize a final release of the LOC after the Subdivision
Improvements are certified as final to the BOCC by the Owner's Engineer and
said final certification is approved by the BOCC. If the BOCC finds that the
Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security,
within ten (10) business days following submission of the Owner's Written
Request for Final Release of LOC accompanied by the other documents required
by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release
of LOC, accompanied by Owner's Engineer's certificate of final completion of
improvements, the BOCC may inspect and review the Subdivision Improvements
certified as complete. If the BOCC does so review and inspect, the process
contained in paragraph 3.f., above, shall be followed.
If the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize final
release of security within ten (10) days after completion of such investigation.
iv. If the BOCC finds that the Subdivision Improvements are not complete, in
accordance with the relevant specifications, the BOCC may complete remaining
Subdivision Improvements, or institute court action in accordance with the
process outlined in paragraph 3.g., above.
4. WATER SUPPLY [AND WASTEWATER COLLECTION. As stated below, prior to issuance by the
BOCC of any certificates of occupancy for any residences or other habitable structures
constructed within the Subdivision, Owner shall install, connect and make operable a water
supply and distribution system for potable water and a wastewater/sewer collection system in
accordance with approved plans and specifications. All easements and rights-of-way necessary
for installation, operation, service and maintenance of such water supply and distribution
system(s) and wastewater collection system shall be as shown on the Final Plat. All facilities and
equipment contained within the water supply and wastewater collection system(s) shall be
transferred by Owner to the Lot owners by bill of sale and managed pursuant to the Cost
Sharing Agreement. If a third party water or sewer service entity requires warranty of the
system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if
necessary, has been assigned.
5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public
as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of
the Final Plat. The owners lots of the Subdivision shall be solely responsible for the
maintenance, repair and upkeep of said roads pursuant to the Cost Sharing Agreement. The
BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision.
6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the
Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for
installation and maintenance of utilities. Public utility easements shall be dedicated by the
Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road
and Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the
Garfield County Clerk and Recorder, as amended. Pursuant to the Cost Sharing Agreement, the
Owners of Lots shall be solely responsible for the maintenance, repair and upkeep of said public
utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC
shall not be obligated for the maintenance, repair and upkeep of any utility easement within the
Subdivision. In the event a utility company, whether publicly or privately owned, requires
conveyance of the easements dedicated on the face of the Final Plat by separate document,
Owner shall execute and record the required conveyance documents.
7. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC
from all claims which may arise as a result of the Owner's installation of the Subdivision
Improvements and any other agreement or obligation of Owner, related to development of the
Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC
for claims made asserting that the standards imposed by the BOCC are improper or the cause of
the injury asserted, or from claims which may arise from the negligent acts or omissions of the
BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of
claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending
any such claim or action. Failure to notify and provide such written option to the Owner shall
extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed
to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and
case law.
8. ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be
assessed in relation to the square footage and type of dwelling unit or other structure that is
proposed.
9. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of
dedicating land to the RE -1 School District, calculated in accordance with the LUDC and the
requirements of state law. The Owner, therefore, shall pay to the Garfield County Treasurer, at
or prior to the time of recording of the Final Plat $13,680.54 as a payment in lieu of dedication
of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the school
district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the LUDC.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such
obligations, and waives any claim that Owner is not required to pay the cash in lieu
of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner
entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a
reimbursement of the fee in lieu of land dedication to the RE -1 School District.
10. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately
conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
11. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach
of this SIA, the BOCC may withhold issuance of building permits for any residence or
other habitable structure to be constructed within the Subdivision. Further, no
building permit shall be issued unless the Owner demonstrates to the satisfaction of
the Glenwood Springs Fire Protection District (District), if the Fire District has so
required, that there is adequate water available to the construction site for the
District's purposes [and all applicable District fees have been paid to the District]. No
certificates of occupancy shall issue for any habitable building or structure, including
residences, within the Subdivision until all Subdivision Improvements have been
completed and are operational as required by this SIA.
12. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms
of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to
any lots for which building permits have not been issued. As to lots for which
building permits have been issued, the Plat shall not be vacated and shall remain
valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording,
showing the location by surveyed legal description of any portion of the Final Plat so
vacated by action of the BOCC. If such a Plat is not signed by the BOCC and
recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the
Final Plat, or portions thereof, by resolution
13. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in
paragraph 11, above, the provisions for release of security, detailed in paragraph 3,
above, and the provisions for plat vacation, detailed in paragraph 14, above, it is
mutually agreed by the BOCC and the Owner, that the BOCC, without making an
election of remedies, and any purchaser of any lot within the Subdivision shall have
the authority to bring an action in the Garfield County District Court to compel
enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require
the BOCC to bring an action for enforcement or to withhold permits or certificates or
to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall
this paragraph or any other provision of this SIA be interpreted to permit the
purchaser of a lot to file an action against the BOCC.
14. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield
County Clerk and Recorder and shall be a covenant running with title to all lots,
tracts and parcels within the Subdivision. Such recording shall constitute notice to
prospective purchasers and other interested persons as to the terms and provisions
of this SIA.
15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be
binding upon and inure to the benefit of the successors and assigns of the Owner
and the BOCC.
16. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the
Owner and the BOCC, identified below, are authorized as contract administrators
and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery if delivery is
refused. Delivery shall be made in person, by certified return receipt requested U.S.
Mail, receipted delivery service, or facsimile transmission, addressed to the
authorized representatives of the BOCC and the Owner at the address or facsimile
number set forth below:
Owner:
BOCC:
CMH Homes, Inc.
c/o Shawn Ruse
5000 Clayton Road, Maryville, TN 37804
Board of County Commissioners
of Garfield County, Colorado
c/o Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
17. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing
signed by the parties hereto, as their interests then appear. Any such amendment, including, by
way of example, extension of the Completion Date, substitution of the form of security, or
approval of a change in the identity of the security provider/issuer, shall be considered by the
BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of
the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a
successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the
BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties
may change the identification of notice recipients and contract administrators and the contact
information provided in paragraph 18, above, in accordance with the provisions of that
paragraph and without formal amendment of this SIA and without consideration at a BOCC
meeting.
18. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an
original, and all of which, when taken together, shall be deemed one and the same instrument.
19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this
SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed
according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat
Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO
ATTEST:
By:
Clerk to the Board Chairman
Date:
OWNER
By: ' i---,..4.:.,--, ____
Name; `,�lrvflt 11 A);,, -
Title: 6i i -i. f;441 11 1INN.+ 1-, S- - /037
Date: )L --41I1 iIac; i1
61.m-4" STATE OF )
)ss.
COUNTY OF M 'Sri )
Subscribed and sworn to before me by ) h
1
, Owner of the Subdivision, this I day of nAzem , 2011.
, an authorized representative of
WITNESS my hand and official seal.
My commission expires: S
Notary
ublic
JENNIFER NOST RANT
Notary Public
State of Colorado
Notary ID # 20094025067
My Comrnfonicn Expires O8-70-20211
EXHIBIT A
CerrIficare al Oeclicadon a. Ownership
e.°wed ra°an, being saleOwmrmlee simple dell that realpmperel
A parcel ol land shunted in the 5P,....n4 Secrlon 3a. Township 55outh, Rango 59 West ol the 61h Principal
Me Wnt Line of the SPASM., soid Sec.. 3a. awn* containedSouth �Range09 Westtt of the bearing
Primal an09 d be along
between the Southeast corner of the Michell Creek Prefect
14100 and the Northwest Corner of Olaf, \Wage No See a found rubor with cep L S No Megibl.h Saki parcel of
land being tn. particularly described awn
Commencing at the e� •31-21)engeeng 551nM(Tr5rner re the Garner of SactIon 34 al 00•005° 58the N.39'w
easterlydistance 0111. 22 feet to paint an rne ,. a mwio,g he eater., described parcel of 329 or �,0920e
Gera. al v m 550 he 01100 101.18 xmrses:
M3ences0a•0931•E a
2) thence S6ras•29-w a distance. 30.0111e.
3) theme 555.23'29'W. adim.nce 4.3 Mt:
Al thence 571.4229-W.. a advance of e3Z lee
5) thence 554.00.29, a distance al _7.9 feel:
6)thn0 the wester,' ere of mid panel of lana desnmea 0 gook 529 at Pa., 550 and also
tieing Iha form as
the easrerly line of parcel of land deter. in Reception No.
3 else bens the easterly line al
Vigege No 1 recorded as Reception No 33.074 a enrolee of R91 foot teappoint on the southerly line o lot
Mountain Shadows OrNe as reserved in Pao 3S9 al Pep 520 d the Garfield County records: thence along said
line Mountain Shadows Drive ne ma (:)coma:
southerly]) theceN7rFollowing
3s29 -E, a df 413039 fee
21 theneL66'T4'29'ore a. stance 200 afeet to M. True Pum of Bednnng g
Sold parcel d lana containin
haucoused Lhe described real waperry to tin surveyed. laid coo platted and subdhided Into Ion arvP blocks . shown
thn Pfnal Plat Under the mom and st,e Al MOUNTAIN 514AOJW PLACE. a subdivnion in the Councy of Garfield
Tne Owner does hereby dedicate and se apan of Me streets roads es shawn an the aCConuanying Plat to the
use of the public forever, a. hereby dec.. to the Public Lidlkies those portions real property Much are
i
installation erel maintenance a, utilities Irrbgation and
ties Including.
r not limi. to
�0esefoinstall/1[10n together
dm hterfering Pease.
.brush
with
perpetualfightol
ander
ingress and
ms
in a
Innen°. and prudent manner
GodNM -elor street . p amens gene he lu0Nshed by the seller or
Innen°. not by . County
EXECUTED this _day 0 2.0
Owner. MN Mures Inc a Tormes.Coraoration
5000 Clayf on Rd
Maryv. TN 3750a
316rE OF COLOSPDC3
COUNTY of GARFIELD r
5Y
The foregoing Ceu .ndChmenhy was acknowledged before ,,° this awn
Ao, Date
Minns my hend end offre.al seal
Notary Pub,
NOTES
1) Da. d Survey June 20 y APS upoh. Apol7 m»
2) Dau of Pepam.n Apnl. 2017.3une 14 z17, Updame October le 2017 end Nwem.r 05 2012 Pawed
3) Linear Units: The linear uni ued in the preparation of this plat is th U 5 Survey Fates den". by Me United
States Department of Commerce Neb.-1.11u., 5..derds end T°atnbway
al Same.emmg &n -
1,40 macmingMe 5.. sterly Peering fmm�5lC ekk Pro 0 v°r42110 ehN and dlo,na
No Ra8roa repre.mrn Me N08503,y Cerner of Chalet visage No 3 P
tor bong on the I.donc loam, d t.waackwd m, a gv . sa�n34.wmwp 5 Sawn °N.`e899 Westda
91Th Tbrsawue0gm,ennp LLD ISE, w Carrmm ownershmn easements
of reoard For all rnformaken
la
na,
of
,a 2204In addraan Mew81311 003062 u018080rmd090888N 5° oathoo1wn8898382eT"-"r`-
')
"a.Pw r
e) r0862919.2930383090043, m#407
earo0M93 000108300008032728,0512 w falawm. the n.ad0e
aveik hounds, dthe161.20. ow
900000, ed the meal., boundary or.man Nth Sued.. as configured bymaloena monumental
71 no leather wbdewtm ohne parcels veihn Lounlarn Shadow Placa Min. Sued,mm are per,. by Minor
Subandon as defined m me La. Use and Dowab.. Cede 2013 as amended
51 Current a. Mum owner. should Lena owe d the pamral Ice nekeaN development. a.mn early Men. of
rmemt• 1lector. a reducing the cost of budding repairs Ntwld an
sWar...alaco veld sfart lo develop aro a sal.. 9 or alter construe.
91 Owner CMM Hones 00 0 ennesseeCc paran0n
5000
Rd
0630094 TIN 37804
07304
103 00810 nnm 52. W Non and m Petim aq a9ge l°rwor As .led in Bink 172 Page 295 Recapbon
11) The Capmne Con.. and Reabwer0(CCaae) and C.Seann9Poream80 are mm2l0 under
Rew.on No alMe Garfield Crory. Colorado Cleh B nommen records
.rr.a :"h7uS'1ei7.:. Feerere
FINAL PLAT
MOUNTAIN SHADOW PLACE
BEING SITUATED IN SEXSWX of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO.
SAFFT 1 OF 2
MRCNELL CREKPROI_CTFTLING NO. I
r41r Lout terga W
Nv a lir
MOUNTI wSHADOwPL4cs
is.•46e. wire
ga 1.0
a r
WNW itle
sesgftlue
SWow DIOVI
Kiwi.. /
141,5T4RM NILES SUB.
_r,RIIII1III11111111.r.
NORTH
MONUN5NT LEGEND
3003300CONTROL ONaMBYT
u IFOOCATEEr U11D MONUMENT nss7awN
urn int•
woo. san
im
orma
o/rte
04,
-MOM- wervicitw
DONEGAN ROAD
SURVEY CONTROL MAP
Ivpe.gnt+Mr..da Wm IN my Nile r'+aaaea. .r•e..Iva..
:n wrwde 5rkn re.,..a..rw..e,.r. ware eryin..a9.:aer...w.....
0...., ay.., a..••.e•- Oa.+ 4 0
N.e..wr...m.e• •..LLe.eee •sale
DATED... .lee95 40 1018
17305 COMPANY: Agent
OP
Maury 5 82.9.Iwsayayslrnw�
SOURCE DOCUMENTS:
• LS 8493901..0930..055990,k4.$9951588391286linnet ,.. w
11,11411,1 R^psy12888.88. Hw4r OW PM
Msdrer p 64e..4 1a31k0
▪ I"llgiusge..,saaw2
RA.144, .308r.Kr
CRer.a., ISydla
PLAT Western feA.
: .e. -r lRSflg
9hx 6107755&Pec No 21093.
00CYMENT-Bk.339.Pg. S70 -Ren No. 336479
DOOPAYNT.Bk.310.0,352.Res. No. 1
30247DOCUMENT.13k. 493.Pg. 34-Rec. No. 276E22.DOCUMENT.5%..33.Pg.619.0ec No. 7337130
DOCUMENT-Rec No. 447733.
00dMENT Roc No 2710133
▪ MENT--Pec No 428309.
DOCUMENT Rec No 648007
th Country Erglneerint, LLC*1••••••• w4.yfe0.1.11.I11.0Ik
Same November
ALL OF THE THE GARPIELO COUNTY COLORADO RECORDS
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(77{3} 704-03115OPRESENG7mSOPRRENGCOOM
Georgy Ceem irMwNes CvlrWere
Isswisweiessee w.e.• e_reaWNr vM+aw Yrtevern s.. Boo, ct*.w
64,Cwefgwwwn.y.r 8nry .gene w X109
9946 b8.gplpa Are �eswMr .gw Corea av le•mnreralocwa 29.69'..ws
eAsreilee•.s�hbe4alwevw2areq%M C.rrrYLdv�'5' 008 r+..yrnewaa
d �tw+r.aFSBNedwek, 8,rteasi wa`rrww s8,2PeaWareow svaratcwa 58289 .
am Ibr.a r essseg.v',,.0920oleo.*e.ay.waaa..58.mmElden lea.l22499..wa.
Charm. Board al County Commissioners
Garr. Calm, Lalonde
Witness my hand end oal of the Counry of Genf,.
Lane C.
6990255509986'9100939598*
Approved for content and form only and era the accuracy of surveys, caku).5iws or draping purwant. C.R 5 §
38-51101 and 102, et seg
DATED this day of 0.0 10113
Garfield County Surveyor
M 5.8,806
Ce 521005e of Taxes Paid
1,111e undersigned, do hereby certify that the entire amount of lases and assessments due and payable as
. fupon all parcels of real esti. deso Ibed on this Plat are paid in lull
Yg11011.48 alts M ;Cc 1018
Treasurer or Gar held County
Surveyor's CeNRate
I, Mark 5 Bookie, do hereby certify that I am a Professional Land Survey. linens G under the lows of the State of
Colorado, that this Plat is a true, correct and complete Plat of the Mountain Shadow Place as laid out, pbtled,
dedicated and drown hereon, that such Plat was made from an accurate survey et said property by me, or under
my supervision, and correctly shows the Ma tion and dimensions of the lots, easemend and sheets of Mountain
Shadow Place as the same are stalled upon the ground in compliance with applic.>ble regulations governing the
subdivision of land
In witness whereof, l have set my hand and seal the day of AD 2018
Mary S Beck. , Colorado Professional Land Surveyor No 28643
Clerk and Recorder's 00,050ate
[N.KIN m §4d y er9,19 5508050.44180400.00 .egad.. el 6140038 Cenh- Ceger.ee, al
.1_2, wlh6 MPS 241;wretafel.
Iy4.0'sw Ile
Cie. and Recorder
{
FINAL PLAT
MOUNTAIN SHADOW PLACE
BEING SITUATED IN SENSW4 of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO,
.�L,Ylw.1
LAND USE SUMMARY:
LOT 1 . 0 345 Aaro0E
LOT 2.0 I7E Altos!
LOT3 .0314 Avass
ACCESS,INGRESS. EGRESS, EMERGENCY & UTILITY EASEMENT AREAS
AREA =0229 Acres.
SHEET 2 OF 2
w DRl
;vow*, 70010
Y '��'��� �� ♦moi �i�
Mir raseelail
y /
sok Aa17
..11170.1..,
MOUNTAIN SHADOW DRIVE (As Platted)
' WESTERN HILLSSUBDIVIS(ON
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
SO2 MAIN STREET, SURE A3
CARBONDALE, COLORADO 81623
142MI 704-0311 SOPIpSRNGY0OPR1iZNG.COM
{
161.10
uLA.lr._. L.w
PRIM
9.0
SO' ea 00001
1190' 00 KIX, 3.03
▪ 0,1
LEM
411
▪ mirre
EN dairm MI6
LEGEND
r �
NGIDALETAUnI
MPAWSPICEFO4 LOT
MEM 9210EPIR 2022
PARE%2DMvanrLx4c 114112
m
L,Y,.rrvtgAlf
00'1
Eng
22,011,15.222.42 MICA 110 2.2
roK.13IRnow ler f •t.100m
•
UTILRY EASEMENT OELL0.3L�S INGR65TM ESSENERGENCY
MONUMENT LEGEND
SECTION CONTR. NONUNENT
0 INDICATES FOL. MDN1.1" a9 EHJYM
• .o.rnvnr a.o...rtm tCO. idp.upea4lM.E
..110111.11111111,,..
NORTH
-II
C SCALE
Rn,
RSM.+ .r..r...cs.....,...• ...r
MOUNTAIN SHADOW SUBDIVISION
SE Job # 17076
November 10th, 2017
EXHIBIT B
Engineers Opinion of Probable Costs
ITEM
NATURE OF WORK
"!
QUANTITY
, UNIT
UNIT COST
r
ITEM JOB
Mi
MOBILIZATION
JD$
JOB
1.5 5 5,000.00
L8`5 3,500.00
AL'�RAUSITE.
5 5,000.00
5 2,600.00
7 s 1,600.710
M2
-TRAFFIC CONTROL
SOB to
UTILITY IMPROVEMENTS
U1
4"X6" TAPPING SLEEVE AND VALVE
1
EACH
5 3,500.00
5 3,500.00
U2
4'Of'
220
LF
$ 35.00
$ 7,70000
U4
1 112" WATER SERVICES
3
LF
5 1,000.00_
$ 3,000.00_
U5
SEWER SERVICES
2.__
EACH
5 1,500.00
5 3,000.00
LI6
ELECTRICAL IMPROVEMENTS tEST1MATE PROVIDED BY GW_ S ELECTRIC)
1
LS
$ 7,240.96
5 7,240.98
- -- SUBTOTAL WATER.
24,440.96
SITE IMPROVEMENTS
SI
ASPHALT 3'THICK
67
TON
$ 180.00
5 15,660.00
S2
0" CLASS 8 ABC
105
C.Y.
5 42.00
5 4.10.00
S3
EXCAVATION
_ 2.140
C.Y,
$ 10.00
5 40,880.00
S4
STORM DRAINAGE (INCLUDES EXCAVATION OF DETENTION PONDS)
1
LS
$ 1.500.00
S 1,500.00
85
EROSEONCONTROL
1
LS
SUBTOTAL
5 2,500.00
WATER=
5 2,500.00
64,730.00
CIVIL FEES
C1
(CONSTRUCTION SURVEY, CONSTRUCTION OBSERVATION TESTING AND AS•DUILTS f
1 1 151 5 5,000.00 I $ 5,000.00
SUBTOTAL CIVIL FEES. 1 $ 5,000.00
SUB TOTAL 5 101,070.013
5% CONTINGENCY 5 4,833.55
TOTAL 5 186,504.61
��7>r>rr717p1fill�'
Note: This opinion of probable cost was prepared for budget purposes only,
Sopris Engineering, LLC. cannot be held responsible for variances from this estimate as actual cost may vary due to bid and market fluctuations.
17076 COST EST 2017-10-19.x15
EXHIBIT
MOUNTAIN SHADOW PLACE SUBDIVISION RESTRICTIVE COVENANTS
AND COST SHARING AGREEMENT
THIS RESTRICTIVE COVENANTS AND COST SHARING AGREEMENT (the
"Agreement") is entered into this day of , 2017, by and between CMH
Homes, Inc. ("Developer"), whose address is 5000 Clayton Road, Maryville, TN 37804.
WITNES SETH:
WHEREAS, Developer owns three parcels of real property in Garfield County, Colorado
referred to as Lot 1, Lot 2, and Lot 3 as depicted and described on the Final Plat for the
Mountain Shadow Place Subdivision, recorded in the public records of Garfield County,
Colorado at Reception No. (the "Final Plat");
WHEREAS, as part of approval for development, Developer entered a Subdivision
Improvement Agreement, recorded in the public records of Garfield County, Colorado at
Reception No. (the "SIA");
WHEREAS, Lot 1, Lot 2, and Lot 3 (collectively the "Lots") are accessed by an access .
easement extending from Mountain Shadow Drive, as depicted on the Final Plat (collectively,
the "Access Easement");
WHEREAS, as depicted on the Final Plat, there are parking easements dedicated to each
individual Lot for the use of the respective Lot;
WHEREAS, further, there are common utilities serving the Lots, as depicted on the Final
Plat and described in the SIA, including but not limited to the Sewer Easement ("Utilities");
WHEREAS, a requirement of the Mountain Shadow Place Subdivision as approved by
Garfield County was recordation of an Agreement to address cost sharing, restrictive covenants,
and the like;
WHEREAS, Developer wishes to set forth and memorialize the rights and obligations of
current and future owners and assigns of the Lots regarding operation, maintenance, repair,
replacement, and improvement of portions of the Access Easement, utilities, and other issues;
and
WHERAS Developer also wishes to set forth certain restrictive covenants to encumber
the Lots, as required by Garfield County.
NOW, THEREFORE, in consideration of the foregoing promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
undersigned hereby state, covenant and declare as follows:
1. Recitals. The foregoing recitals are hereby incorporated by this reference.
2. Dedication of Easement. The Access Easement for the access and for the use and benefit
of the Lots is depicted on and created pursuant to the Final Plat. The provisions of the
Final Plat related to such easement are incorporated herein. The Access Easement may
expressly be used by the public for access to Lot 1, Lot 2, and Lot 3.
3. Cost Sharing — Access Easement. The owners of Lot 1, Lot 2, and Lot 3 shall each pay
one-third (1/3) of the costs of operation, maintenance, repair, replacement, and
improvement of that portion of Access Easement and any improvements located thereon.
Approval of any operation, maintenance, repair, replacement, and improvement activity
shall be made in advance by the owners of at least two (2) of the Lots.
4. Cost Sharing - Utilities. The Utilities, including any easements therefor, are located on
the Lots and for the use and benefit of the Lots, as depicted on the Final Plat and
described in the SIA.
a. The cost of any maintenance, repair, replacement, or improvement of the
Utilities that benefits all of the Lots shall be allocated equally between the
Lots (e.g. waterline from the property line to each service line branching
from the main).
b. Maintenance, repair, replacement, and improvement of the Utilities
benefitting any single Lot (either Lot 1, Lot 2, or Lot 3) shall be the
responsibility of the owner of the Lot served and the cost thereof shall be
allocated to that Lot only (e.g. water line from main to the Lot; individual
sewer line).
5. Parking on Lots and Parking Easements. The Final Plat depicts parking for each Lot and
creates easements related to parking for each lot, specifically: "Parking Easement
Dedicated to Lot 1; "Parking Easement Dedicated to Lot 2;" and "Parking Easement
Dedicated to Lot 3." The owner of a Lot shall be responsible for the maintenance, repair,
replacement, and improvement, and costs thereof, of the parking spaces located on such
lot and for the parking space dedicated to such lot pursuant to a parking easement
depicted on the Final Plat.
6. Revegetation. Any portion of the Lots that is disturbed due to such maintenance, repair,
replacement, and improvement shall be promptly compacted and revegetated, including
replacement of size and type of trees, grasses and other landscaping, with such costs
associated as the cost of the work causing such disturbance was allocated.
7. Payment Terms. Any payment due to any party subject to this Agreement shall be due
and payable, in full, thirty (30) days from notice thereof. If payment is not received by
said due date, the party or parties to whom said payment is owned may file a lien for the
amount owed against the Lot owned by the party or parties in arrears. Said lien may be
foreclosed in any manner provided for by law, and recording of this Agreement in the
2
real property records of Garfield County shall be the only act necessary to perfect filing
of said lien.
8. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the
Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot
owner (each an "indemnified party") harmless from and against all losses, claims,
demands, liabilities, injuries, damages and expenses, including, without limitation,
reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur
as a result of the use, occupancy and possession of the Access Easement by the
indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by
reason of breach of this Agreement.
9. Other Covenants, Conditions, and Restrictions. Each of the Lots shall be subject to the
following covenants, conditions, and restrictions:
a. Wildlife Control:
i. Residents shall use bear -proof trash containers, or create a bear- proof
centralized trash pick-up location.
ii. New residents are to follow "bear aware" practices including: feeding pets
indoors and storing pet food indoors, cleaning BBQ grills after use,
removing bird feeders during summer months and/or at night, only placing
trash out on morning of pick-up (unless in a bear -proof container), not
composting food waste outside (unless in a bear proof container) etc
iii. Planting of fruit, berry, and nut producing trees and shrubs in the
landscaping shall be prohibited.
b. Noxious or Hazardous Endeavors:
i. Potentially hazardous materials such as paints, oils, pesticides, or
fertilizers should be stored properly to prevent them from entering
groundwater supplies. As well as owners shall not use noxious or
hazardous materials on Lots.
ii. Noxious and hazardous defined as any item causing permanent harm to
humans, animals or soil.
10. Covenant Running With the Land. Each and every obligation of each owner of the Lots
contained herein is made for the benefit of the other. All of the provisions of this
Agreement shall be deemed a covenant running with the land pursuant to applicable law,
and shall be binding upon the successors and assigns of all future owners of the Lots. A
Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the
3
conveyance of a Lot shall automatically convey as well such Lot owner's rights and
obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells
all or any portion of its interest in property subject to this Agreement, such party shall
thereupon be released and discharged from any and all obligations in connection with the
property sold by it arising under this Agreement after the sale and conveyance of title but
shall remain liable for all obligations arising under this Agreement prior to the sale and
conveyance of title. The new owner of any such Lot or portion thereof (including,
without limitation, anyone who acquires its interest by foreclosure, trustee sale or
otherwise) shall be liable for all obligations arising under this Agreement with respect to
such property or portion thereof after the date of sale and conveyance of title. This
Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk
and Recorder's Office.
11. Non -Merger of Easement. This Agreement is entered as a requirement of subdivision
imposed by Garfield County. Regardless of the current ownership of the Lots, neither
theAccess Easement, other easements created by the Final Plat, nor the terms of this
Agreement shall be deemed to have merged into the title of the Lots.
12. Remedies. In the event of any violation or threatened violation by any party of any of the
provisions of this Agreement, the party not in violation hereof shall have the right to
enjoin such violation or threatened violation by proceeding in the District Court of
Garfield County. The right of injunction and specific performance shall be in addition to
all other remedies set forth in this Agreement or provided by law.
13. Waiver. The failure of a party to insist upon strict performance of any of the provisions
contained in this Agreement shall not be deemed a waiver of any rights or remedies that
such party may have, and shall not be deemed a waiver of any subsequent breach or
default of the performance of any of the obligations contained herein for the same or any
other party.
14. Attorneys' Fees. In the event any party initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party
in any such action or proceeding shall be entitled to recover from the non -prevailing party
in any such action or proceeding its reasonable costs and attorneys' fees, including its
reasonable costs and attorneys' fees on any appeal.
15. No Partnership Created. The provisions of this Agreement are not intended to create, nor
shall they be in any way interpreted or construed to create, a joint venture, partnership, or
any other similar relationship between the parties
16. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered
by this Agreement, agrees within 14 days of receipt of written request from the other
party to certify in writing for a respective purchaser or lien holder that this Agreement is
in full force and effect, that it has not been amended except as set forth in such certificate
and that the other party is not in default of any of the terms, covenants, conditions, or
4
agreements contained in this Agreement (or, if a default does exist, specifying the nature
of such default).
17. Term. This Agreement shall continue in perpetuity.
18. Notices. All notices to be given hereunder shall be in writing, and may be given, served
or made by depositing the same in the United States mail properly addressed, postpaid
and registered or certified with return receipt requested or by delivering the same in
person to the said authorized representative of such party. Notice deposited in the mail in
accordance with the provisions hereof shall be effective unless otherwise stated in this
Agreement from and after the third day next following the date post -marked on the
envelope containing such notice, or when actually received, whichever is earlier.
19. Headings. The headings of the various Paragraphs of this Agreement have been inserted
for reference only and shall not have the effect of modifying, amending or changing the
express terms and provisions of this Agreement.
20. Severability. In any of the provisions of this Agreement or any paragraph, sentence,
clause, phrase, word or section, or the application thereof, is in any circumstances
invalidated, such invalidity shall not affect the validity of the remainder of this
Agreement and the application of such provision in any other circumstances shall not be
affected thereby.
21. Entire Agreement. This Agreement shall constitute the entire agreement between the
owners of the Lots with respect to the subject matter described herein. No representations
or warranties of any nature have been made by any such owner, and no party has entered
into this Agreement in reliance upon any such representations or warranties, except as
expressly set forth herein. No variations or modifications of, or amendments to, the
terms of this Agreement shall be binding upon the parties unless reduced to writing and
signed by the parties hereto.
22. Governing Law. It is the intention of the undersigned hereto that all questions with
respect to the construction and interpretation of this Agreement and the rights and
liabilities of the parties hereunder shall be determined in accordance with the laws of the
State of Colorado. Any action related to this Agreement shall be brought in Garfield
County, Colorado
5
IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first above written.
CMH Homes
By:
Name: j WO. Cue_
Title: &T 4?1-1 ( yNIG
Date: # a7 l i s
STATE OF Co Lon-+4aao
COUNTY OF YV\Esa
Subscribed and sworn to before me this Q.z'" day of u00.4,1 201_, by
S h 0A.t t i-4% s4._ , as 6,r _ , of CMH Homes, Inc..
VALERIE A. DOMET
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20044015384
My Commission Expires June 12, 2020
Notary Public -NI 4- LW IS A Uo m -t
6
bank.
U.S. Bank National Association
Standby Letters of Credit: BC-MN-H2OG
800 Nicollet Mall
Minneapolis, Minnesota 55402
IRREVOCABLELETTEROF CREDIT
January 26, 2018
Letter of Credit Number: SLCMMSP08861
Amount: USD 122,480.19
EXHIBIT
r
SWIFT: USBKUS44
TELEX:
Phone: 612-303-7321
612-303-7395
Fax : 612-303-5226
Expiration Date: September 28, 2019
Beneficiary: Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC")
108 8th Street, Suite 213
Glenwood Springs, CO 81601
Account Party/Applicant: CMH Homes, Inc.
dba Clayton Homes #1037
671 23 Road
Grand Junction, CO 81505
We hereby establish our Irrevocable Standby Letter of Credit No. SLCMMSP08861, at the request of
CMH Homes Inc, dba Clayton Homes #1037, in an amount not to exceed $122,480.19 (One Hundred
Twenty Two Thousand Four Hundred Eighty and 19/100 U.S. Dollars).
The purpose of this Letter of Credit is to secure the performance of and compliance with the agreement
between CMH Homes., dba Clayton Homes #1037 and Board of County Commissioners of Garfield
County ("?Beneficiary" or "BOCC"), DATED and titled
("Subdivision Improvements Agreement").
This Letter of Credit is not transferable.
This Letter of Credit expires on September 28, 2019.
It is a condition of this Letter of Credit that it shall be considered automatically extended without
amendment for one year from the present or any firture expiration date unless we notify you in writing at
least thirty (30) days prior to any such expiration date that this Letter of Credit will not be renewed.
Partial Release:
Partial draws are permitted. The BOCC may authorize periodic reductions in the face amount of this
Letter of Credit and, if so authorized, the revised face amount of the Letter of Credit shall be evidenced
by a separate Reduction Certificate, in the form of Exhibit A, approved and executed by the BOCC or the
BOCC's authorized representative.
Continued on Page 2
usbank.com
embank.
U.S. Bank National Association
Standby Letters of Credit: BC-MN-H2OG
800 Nicollet Mall
Minneapolis, Minnesota 55402
January 26, 2018
SLCMMSP08861
Page 2
SWIFT: USBKUS44
TELEX:
Phone: 612-303-7321
612-303-7395
Fax : 612-303-5226
Conditions for Payment to Beneficiary:
Drafts on us at sight must be accompanied by the Original of this Letter of Credit (and any
amendments thereto) and a beneficiary's signed statement executed by the Chairman of the
BOCC OR THE BOCC'S authorized designee stating:
Developer of Subdivision (PUD) is in default of its obligations set forth in that certain
Subdivision Improvements Agreement between and recorded as
Reception Number in Book at Page
of the Real Estate Records of the Office of the Garfield County Clerk and
Recorder.
Such Payment Documents, notices and communication must be sent either (but not both) by: (a) courier
or first class United States mail to U.S. Bank National Association, 800 Nicollet Mall: BC-MN-H2OG,
Minneapolis, Minnesota 55402, Attn: Standby Letters of Credit, or (b) facsimile to facsimile number
(612) 303-5226, Attention: Standby Letters of Credit (provided, however, that such address and facsimile
number may be amended by us upon the provision of written notice of such amendment to you).
The Beneficiary shall use best efforts to give telephonic notification of a demand for payment at either
(612) 303-7321 or (612) 303-7395.
Cancellation:
This Original Letter of Credit and any original amendments, if any, must be returned to us for
cancellation by the Beneficiary with a statement signed by the Beneficiary stating: "This Letter of Credit
is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation.", or in
place of a statement, Exhibit B.
We hereby agree with beneficiary that drafts and documents as specified above will be duly honored upon
presentation to U.S. Bank National Association, 800 Nicollet Mall, attn: Standby Letters of Credit BC-
MN-112OG, Minneapolis Minnesota 55402, if presented on or before September 28, 2019 or any extended
expiry date.
This Letter of Credit is subject to and governed by the Laws of the State of Colorado and the 2007
Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of
Commerce (Publication 600) and, in the event of any conflict, the Laws of the State of Colorado will
control.
Continued on Page 3
usbank.com
embank.
U.S. Bank National Association
Standby Letters of Credit: BC-MN-H2OG
800 Nicollet Mall
Minneapolis, Minnesota 55402
January 26, 2018
SLCMMSP08861
Page 3
SWIFT: USBKUS44
TELEX:
Phone: 612-303-7321
612-303-7395
Fax : 612-303-5226
We shall not be liable for any delay, non -return of documents, non-payment, or other action or inaction
compelled by a judicial order or by any law or regulation applicable to us.
U.S. BANK NATI` i AL ASSOCIATION
/1.111111/
war n07
Au -d Signature, ' pplicant
as authori . tion to issue this form
usbank.com
IMbank
Date:
EXHIBIT A
REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT
From:
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Subdivision [PUD]
This request is written to formally notify the BOCC of work completed for
Subdivision [PUD]. As Owner [On behalf of the Owner], we request that the BOCC review the
attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount
of the Letter of Credit in the amount of USD
To a reduced face amount of USD
Attached is the certified Original cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, less 10%
Reduced Face Amount of LOC
Based on periodic observation and testing, the construction has been completed, to date, in accordance
with the intent of the plans and specifications that were reviewed and approved by the BOCC's
representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the
BOCC and the Owner.
If further information is needed, please contact , at
Owner
OR
Owner's Representative/Engineer
usbank.com
bank
Date:
EXHIBIT B
REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT
From:
Board of County Commissioners Garfield County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: , [Subdivision] [PUD] [LAND USE CHANGE PERMIT]
This request is written to formally notify the BOCC of work completed for [Subdivision]
[PUD) [LAND USE CHANGE PERMIT]. As Owner [On behalf of the Owner], we request that the
BOCC review the attached Engineer's Certificate of Completion and approve a full release of the
Letter of Credit in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the Improvements Agreement and secured by the Letter of Credit have
been completed.
Also enclosed are the following required by the Improvements Agreement [LAND USE
CHANGE PERMIT] dated between Owner and the BOCC, recorded at
Reception No. at the Real Estate Records of the Garfield County Clerk and. Recorder (the
"SIA"):
1. record drawings bearing the stamp of Owner's Engineer certifying that all improvements
have
been constructed in accordance with the requirements of the IA, both in hand copy and
digital format acceptable to the BOCC; and
2. Copies of instruments conveying real property and other interests which Owner was
obligated to convey to the homeowners association or other entity at the time of final Plat
Approval.
If further information is needed, please contact , at
Owner
OR
Owner's Representative/Engineer
usbank.com
rtwr rat.wan. Nave/.
The undersIgned VON Names. Ten
slwatea In Cueld County, deco lbe
md as
cornerA parcel of la. stmt. In the SEUSWI4
Merldlan, Garfield County, Colorado All
the West Une of the SE.SW`,4 of sald Sec
100land and Me Northwest Coner of Char
1ng more particularly dmorlbed
Corporation, beingsole Owner In lee'Impe of ell that real prope
follows:
pro.,
of Secdon 34 Township 5 South, Range 69 W.tol the Sth Principal
bearIngs contalned hereln being relatIve .3 bearing of N00,09,1, along
Ne , being
ehlhIoh2Lso
et Village 3be0ga found l.0., with cap, L S No 5 of
Low -eve Wk..t ._
was as On nryaRenck* •pas
Odra OHM la awl aaaa.a n w
kCorms novis./
druk to ...MIN no
Caren MS.,rfla.tdidk•a•A
w sis Mew are Mon 1.111,11.4fitiknlrWn 10M1SIVM•
ninon ors es • wk. imen Mann inn. n
.r[ee.aY•r•...sarN tree saps..;
1) thence 500.09'31•[, a dnance of 225 41 Feet;
21 thence
3707 /eel;
31 thence 555.2319,W, a distance of45 751 n;
al thence 521•e2'29'w, a dlsvnce of 3198 feel,
thence S54.06.29,1, a
of
6) [fence N00,09.31,/ along alone thewesterly one cf sero parcel of Iced described In Book 329 at Page 558 and also
the coN l7ne .parcel of and dezcroed In umpbon Na 271083 and also MI, the easterly IIne of Chalet
Mllage No 1, recorded as ReceptIon No 238074,. distance ol 265 91 feet
olm
n the Southerly ilne ol
m County oremrds thence along sold
m1) southerly line a tN31ollliowP6 twSo R) Courses,
thence N7.7-35'29.1, dlstta of 13089 feet,
21 thence N66.24'29•E, a dlsunce w 20 08 feet to the True Pont of Seal., sale parcel of land mntalnlng,
more
0.833.*,, rk orrtaveaa,N 6 . shewsoL IWan.4.111W,wdek..Y.imMone kaamw wen
Y'riiON nacc. wwl tiderYLlwa
"I.• Ont. ,...cmrrfaiM6allt...I arse'WOW ONnasl.WWk6ae WNWse,eek.ar.ar aw+-n vrir6a to let L•yw nen awp/r-yy..201•11.m,...,n
a.a'wT1YYY
wonwroso
naag.Wt svyakP�W
MeweCkrw04,,,,rnlrnrwah1•• Wig0 '00S.0[trnar FW5OPSW0Sr 0.
rRawa+W.r ennsona.aw.gwnwro J axe we :-.. women Wall RcOnWel a u1vFa
ew ',woke moms. M
krwaMe, ya a Powe y4tr•n 41},1,[1. grakNOU...akg M 6•101..
EXECUTED thls _ ey o1 A0,2013
Owner CUM Homes In, a Tennessee CorporatIon
mOreas
MEM RM..V
kkaael. lY OekM
STATE OF COLORADO)
[Cue. js
Y
NO?EG
I) Duo of survey June 29 -Jury 25 2015 Upe.ue Apn111, 2017.
2) Date of Prm.mben April 2017,0. 14 201Z Upd.0 October 18 2017 end November ON 2017, Revised
N L : The linea, unit used in Meprep.retlon of this plat is lieu 5 Survey Foot as denn.d by the UNred
States
4)m DepartmentTechnology
eam, Bearings ere Nand on la loeuring of N00.051.31'Whetenen a found reber vath coo rner.d L S
14100 represeNing the the .utheasterly corner of reber .11 cap LS. No Meads. repossenbna the hkorsion end e round
mdy Co Chalet No No 3No dPorn.
Izthilnm Me hratons position of Me West Line of the SEASWX Secton 34 Tovmship South Range 801.anal of
6) This survey does rot con.. a Mie march bysopna Engineering LLC )
renamingoP record For all m/ornmlon s �mdeterrnme ovmerahm or easements
cy
W by Sbxad74. Gueantyo mpany a Glenssood Springs.Po bdeNovember
m
142014In.dd.nMa. v AimedMedocuments andplea .. shown inMeSource Mourner. ,hereon
The Eaat andWast .w.ory lines of Me eubdrceron boundary new been darn,. teepea eNRRointent
Men m. west line
DM
boundary w roe Mounts. Shadow
9ubervision and the xesterry boundary Wearn NAls Subdr+inannas mnlpon. by Be band trammed.
" Bubervwlan a¢ Menea,n rhe win Ute ani p cal Ca3e 2ot3 ss armnaee m prm y nor
g c ,merl5)505 �um6 0.0511 aronan
S
Ovmer CNN Nome. Inc. Tennessee Corponalmn
mOnymN �n04
10)M r S40W Nob and to h.N,n eN assigns forever A. N. in Bat 172 Page 296 Romp
1112ha 705207606° ns)CC R5).n npbne cadet
Rempeon uta nMe Gamela County eonaao eb,ag Rxoraer. remrac
FINAL PLAT
MOUNTAIN SHADOW PLACE
BEING SITUATED IN SE%SWY. of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 1 00 2
AMiCMIi CR1v MOW/ FIL04,10,1
MOMAIN SYIADOWFCACE—
a. Whet arlIssmoneamsdnav
nwiwW
row
MAI. P4S4CW Oklei
+ar«r WEMAN HILLS SUB
NORTH
MONUMENT LEGEND
=—Zr, cart
Wirreinacifiewese
Nw.w Mwwt�wa DONEGAN ROAD
10,1 SECTION CONTROL tagOSTRe4Afl2 .0CSMONUMENT
0 V07.000l
ma PM kW. amok
SURVEY COATROL MAP
title Cert)@ase
an 0, t by attorney I licensed d tlhe`:I7: m.Illl Colorado,
shown u;0nal; Plat end
nm,nncmortgages, 0.0
age,,deedso7,1)udgment,,easements,contramna
ase,nd
eenrsnf,ecord
ancsown• pwa.aw. w. ...imam n Mow
DATED tills day of A 0 2016
ent
OR
Warm
Warforum 5.44.lwn•Nen,
SOURCE DOCUMENTS:
PLAT -U S. GM Plat Extension Survey, Township 4,1440 west 6M NA a,
accepted bythe U 3 Supervisor of Surveys on Dec PLAT-C.letVillage No 1. Rec No 238074.
PLATShaletVillage No 2 Re: No 2.376a.
PUT-Chalet...dn. No kProf.NFilingN2 1.,gee No 335063
DOCUMENTDOCUMENT-Rec No 661077
DOCUMENT Bk 329 -Pg 558-Rec No 210934
DOCUMENT Bk.359-Pg 578-Rec No 226479
Bk 310 -Pg 352 -Pec No 202411
DOCUMENT Bk 493 -Pg 34-Rec No 276622
DOCUMENT Bk 890.P, 006-Rec No 456126.
DOCUMENT Rec No 637E61
DOCUMENTRec No 476606
DOCUMENTRec No 447783
DOCUNENT•
ec No 271083
e4I4W15 Rice No 426369
2MK,
SURVEY -Hip Country Engneering, LLC Improvement Suryel, Proleot No 21.176300
dined November 1 2014
ALL OF THE THE GARFIELD COUNTY, COLORADO RECORDS
SOPRIS ENGINEERING — LLC
CIVIL CONSULTANTS
SO2 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
VfI:.lOrr MAP
SCALE: 1, 500
Cwunsy wart tlra6yeg
Based upon the review end recornmeNeten NGerge d County Director of Community Development, the Beard of Cour
Commissioners
PI60740MMe Clerk odeAcorder or hereby approves
Cwt and forbco 4.1tette the County of
me public dealrtb0
shown subject co the provIelons that approval In noway financing or
`aice bypubli 5oads, highways
or yany °Me public dedications shown hereon un
Chairman, Board of .unw C mmlssmmrs
[Try'
mnsnucdon repair or maintenance
Garfield County, Colorado
WItness my hand and seal of the County of Gerrie!,
County Clerk
Lrdapra
FSwLerMler
Approved for content and form ankhw.nqn
I awlRe.io.M.inrka macaw or drafting pursuant to CR
38-51-101 and 102, et set
DATED S_WW/ .AO ICU.
Garfield County Surveyor
1F
eerune to 622.666 Pala
kxf.m7et Na.
a.k.tNh Ww r- awwntwo w
ef waokw
wssmnpowIlen
M cep vpNa
tr/raYelate 4aaW4a sMsi4a are ewlkw
DATED tIM-mnie 40_101!
Treasurer of Garfield County
Surveyors Certificate
I, Man5 Bernier, do hereby certify that l am a Professional Land Surveyor licensed under Me laws of Me Soto of
Colorado, that this plat is a nue, Correct and complete Plat of the Mountain Shadow Race as Mid out, platted
dedicated and shown hereon, tha t Such Plat was made from an accurate survey of said property by me, or under
my supervision, and correctly shows the location and dimensions of the Mn, easements and meets of Mountain
Shadow place as the same are staked upon Me ground in carmine. wiM applicable regulations governing the
sulad tion of land.
•.5055 w.Y+eaa, I ale in.r.0ve feet sen 04 Wry./ 40.)011
Mark Redden Worad° Prokssunal land Surveyor No 29.13
Clerk and Recorder's CeMReM
.1.4•411.44 Mn i.r Is.r. w w arleaN rat oIn w •uerAl N eartw Caws', CdA -awe a,
o'clock yp 5406 rd.a UJ..raf54 as
Reception No
ten XVI *Unfits
Deputy
m
FINAL PLAT
MOUNTAIN SHADOW PLACE
BEING SITUATED IN SENSWM of SECTION 34, TOWNSHIP5SOUTH, RANGE 89WEST, 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO. ° sve
SHEET 2 OF 2 MOUNTAIN SHADOW DRIVE (As Platted)
�•+
LAUD USE SUMMARY:
LOT 1 = 0.345 Acres*
LOT 2=0175 Acres*
LOT 3= 0 314 Acres*
ACCESS, INGRESS, EGRESS, EMERGENCY 4 UT LITY EASEMENT AREAS
AREA = 9229 Acres*
444
c t.
4,45.44
•Iliv • NO*
t#4112 NV* 40444 l‘fte*
044444 'WOO M
0°46*U-1644 nib .4 MOle
Wf3
ESvi
IAvt W a
Yom_
r`ue: Fl°.S
WESTERN HILLS JBDIVISION
r�br
vim,_
•
3
0
1•
1,1
lorrnrare
arra
ree•-rwers
Wee • cry
L1A 11110.!11111011
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADC 81623
1975» 704.0311 $OPR ISENTi PSO PRISE NGCOM
xEr
N
✓ 71•▪ • ..11,074j1=.1..
LEGEND
P2 PAWING SPACE TO.OT
1,1
PAWING EASEMENT DEDICATED TO
LOT I
PARKING EASEMENT DEDICATED ro
LOT
MIMI. EASEMENT OFOICATED TO
NOTE:
MONUMENT LEGEND
410. SECTION DL MONUMENT
O 1NOICATES FOUND MONUMENT. AS SSW.
• WErar.VYww0H»AZOC VYpr .t. s ap
rrdn0llllllumlr..
NORTH
GRAPHIC SCALE
U S SURVEY FEET