HomeMy WebLinkAboutEx 20 - PPR Reso 2016-35 and 2016-36Exhibit 20 1 a) Resolution No. 2016-35; b) Resolution No. 2016-36
Lake Springs Ranch
Filing 2 Final Plat Application
April 2018
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STATE OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, 11th of April A.D. 2016, there were present:
John Martin
Mike Samson (absent)
Tom Jankovsky
Kevin Batchelder
Tari Williams
Kelly Cave
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
. County Manager
, County Attorney
• Assistant County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO._0IG-155
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
AMENDMENT AND PUD AMENDMENT FOR LAKE SPRINGS RANCH PUD, A 459.38
ACRE PROPERTY OWNED BY THE BERKELEY FAMILY LLLP AND LOCATED IN
SECTIONS 32, 33, AND 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST AND SECTION 4,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO.s # 2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107
Recitals
A. The Board of County Commissioners of Garfield County, Colorado (Board) received a
request from The Berkeley Family LLLP to amend the Preliminary Plan and Planned
Unit Development (PUD) as follows:
1. Preliminary Plan Amendment
a. Amend the drainage plan to utilize more of the valley floor for temporary
stormwater storage in order to minimize impacts on conserved land;
b. Eliminate Condition 15 of Resolution 2012-80 since the stormwater
impoundment will not be necessary according to the revised drainage analysis;
c. Redesign lots 8, 9, 11 and 13 of Filing 2 to allow cul-de-sacs to be removed
from conserved areas;
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d. Revise the language of Condition 14 of Resolution 2012-80 to clarify that the
central water system must be reviewed under the CDPHE regulations for
"community" water systems;
e. Amend the Preliminary Plan and Phasing Plan to show the unplatted portions
of conserved lands, those lands located outside of final plat of Filing 1, as
"Conserved Lands" and to eliminate the lot lines currently indicated on the
approved Preliminary Plan. This is necessary for the future final plat to remain
consistent with the Preliminary Plan.
2. PUD Amendment
a. Redesign Lots 8, 9, 11 and 13 of Filing 2 to allow cul-de-sacs to be removed
from conserved areas;
b. Amend the Phasing Plan:
i. To move required improvements to CR 114 from Phase 2 to Phase 3;
ii. Shift 9 lots from Phase 4 to Phase 3; and
iii. Remove those approved lots located in what is now conserved lands area.
c. Decrease the required affordable housing to be provided by the development
from 15% as required under the Unified Land Use Resolution of 2008, as
amended to the 10% as currently required under the 2013 Land Use and
Development Code, as amended.
3. And as further described in Exhibits A and B, PUD Guide and Map and
Preliminary Plan.
B. The Lake Springs Ranch PUD is a 459.38 acre parcel of land owned by The Berkeley
Family LLLP as described in a Warranty Deeds recorded at Reception Numbers 405633 and
462134 and Quit Claim Deeds recorded at Reception Numbers 828751 and 828748, all in the
records of the Garfield County CIerk and Recorder.
C. The subject property is located within unincorporated Garfield County in the PUD zone
district, approximately 3.5 miles southeast of Glenwood Springs, Colorado.
D. The Planning Commission opened a public hearing on the IOth day of February, 2016,
for consideration of whether the proposed Preliminary Plan and PUD Amendments should be
approved, approved with conditions, or denied. During said hearing, the public and interested
persons were given the opportunity to express their opinions regarding the requests.
E. The Planning Commission closed the public hearing on the 10th day of February, 2016,
to make a final decision. The Planning Commission voted to recommend that the Board of County
Commissioners approve the requested amendment to the Preliminary Plan and PUD, subject to
compliance with conditions of approval.
F. The Board of County Commissioners opened a public hearing on the 1 lth day of April,
2016, for consideration of whether the proposed amendments to the Preliminary Plan and PUD
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should be approved, approved with conditions, or denied. During said hearing the public and
interested persons were given the opportunity to express their opinions regarding the request.
G. The Board of County Commissioners closed the public hearing on the 1 lth day of April,
2016, to make a final decision.
I. The Board of County Commissioners on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Planning
Commission.
2. That the hearing before the Planning Commission was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons the requests for Preliminary Plan and PUD
Amendments are in the best interest of the health, safety, convenience, order, prosperity
and welfare of the citizens of Garfield County.
4. That, subject to compliance with conditions of approval, the applications are in general
conformance with Garfield County Comprehensive Plan 2030.
5. That, subject to compliance with conditions of approval, the applications have met the
requirements of the Garfield County 2013 Land Use and Development Code, as
amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The approvals and conditions contained in this Resolution supersede all prior zone district
designations and uses set forth in prior approvals, and supersede Resolution Nos. 02-109
and 2012-80, excepting the attachments to the latter which are referred to in this
Resolution.
C. The Preliminary Plan Amendment and PUD Amendment for Lake Springs Ranch PUD are
hereby approved subject to compliance with the following conditions:
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Preliminary Plan
1. All representations of the Applicant made in the application and at the hearings before
the Planning Commission and Board of County Commissioners shall be considered
conditions of approval, unless approved otherwise by the Board of County
Commissioners.
Fees
2. The Applicant shall include 50% of the road impact fee with each final plat. The
remaining 50% shall be collected at the time of issuance of a building permit. The cost
of any improvements to County roads that are constructed by the Applicant and approved
by the County may be deducted from the road impact fee. All future Subdivision
Improvement Agreement(s) shall include any terms necessary to accomplish such
deduction.
3. The Applicant shall pay a Fee -In -Lieu of School Land Dedication , as calculated in
Section 7-404 of the 2013 Land Use and Development Code, as amended, with each final
plat.
4. Impact fees shall be paid to the Carbondale and Rural Fire Protection District prior to the
approval of final plats submitted for approval subsequent to this Resolution.
Permits
5. Prior to the approval of each final plat, the Applicant shall obtain a National Pollutant
Discharge Elimination System Permit and air pollution permits from CDPHE. These
permits shall be submitted to Garfield County for review.
Agreements
6. Approval of the Preliminary Plan requires the Developer to complete the platting of all
phases within 15 years of Resolution 2012-80 and the first final plat must be recorded
within one year of the final approval of the Preliminary Plan, or as may be extended by
the Board of County Commissioners by resolution.
Plat Notes
7. The following plat notes shall be placed on each final plat
a. Control of noxious weeds is the responsibility of the property owner in compliance
with the Colorado Noxious Weed Act and the Garfield County Weed Management
Plan.
b. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et. seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
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ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
Law and County policy provide that ranching, farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so long
as operated in conformance with the law and in a non -negligent manner. Therefore,
all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals,
machinery on public roads, livestock on public roads, storage and disposal of manure,
and the application by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides, and pesticides, any one or more of which may naturally occur as a part of
a legal and non -negligent agricultural operations.
c. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision.
One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
d. All exterior lighting shall be the minimum amount necessary and all exterior lighting
shall be directed inward and downward, towards the interior of the lot. Provisions
may be made to allow for safety Lighting that goes beyond the property boundaries.
8. The Applicant shall adhere to the recommendations specified in the Hepworth-Pawlak
Geotech (HP Geotech) reports as attached to Resolution 2012-80. Site specific studies
shall be conducted for individual lot development. The need for site specific studies shall
be disclosed in the covenants and on each final plat in the form of a plat note. Those
recommendations include the following:
a. Prospective building owners should be made aware of the potential low risk of
. evaporate deformation. If the low risk is not acceptable to building owners, it can be
reduced by the use of heavily reinforced foundation system preferably without a
basement.
b. It is recommended that buildings not be located within 50 feet of the fault trace
identified in Figure 1 of the HP Geotech report dated January 15, 2010 as attached to
Resolution 2012-80.
c. It is recommended that additional subsurface exploration be made in these areas to
evaluate the engineering characteristics of the lake deposit. These areas include Lots
6, 7, and 8 of Block 2 and 200 feet of the western most portions of Spring Valley
Road.
d. The recommended foundation system will depend on the site specific expansion
potential. Also, a structural floor system over a crawlspace may be warranted
depending on the expansion potential at a specific building site. A site specific
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foundation study by the individual lot owners should be conducted for design level
recommendations.
e. More extensive grading should be evaluated on a site specific basis. As previously
recommended, cut and fill should not exceed 10 feet deep and cut and fill slopes
should be 2:1 (horizontal to vertical) or flatter. A certified professional engineer
registered in the State of Colorado should review the proposed grading plans when
available and determine if addition subsurface exploration and analysis are needed.
f. Occupied structures should be designed to withstand moderately strong ground
shaking with little or no damage and not to collapse under stronger ground shaking.
The region is in the Uniform Building Code, Seismic Site Class B.
Water
9. The Applicant shall verify water requirements for automatic fire sprinkler systems are
adequate at the time of each final plat.
10. At the first final plat submitted for approval subsequent to this Resolution, the Applicant
shall obtain a new well permit for Well D and submit this information to Garfield County
Planning staff for review.
11. At first final plat, the Applicant shall conduct a 24 hour pump test on Well D and have
the water tested for quality to ensure it meets the Colorado Department of Public Health
and Environment's standards. This information shall be submitted to Garfield County
PIanning staff for review.
12. The Applicant shall plug and abandon the well (Permit No. 160677) when the existing
residence located at 3961 County Road 114 connects to the central water system of the
subdivision.
13. Prior to approval of the first final plat, the Applicant shall consider additional water loop
connections.
14. Prior to the approval of the first final plat submitted for approval subsequent to this
Resolution, the Applicant shall meet all applicable Colorado Department of Public Health
(CDPHE) regulations for a community water system.
15. Should it be determined that stormwater detention is required to be stored in the pond on
the east side of CR 114 the Applicant shall submit, and receive approval for, a Notice of
Intent to impound water from the State of Colorado.
Well Monitoring
16. Lake Springs shall participate with Spring Valley and other land owners in the Spring
Valley area in a ground water monitoring program to monitor water levels in the Spring
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Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored by
Anne Castle and Chris Thorne of Holland & Hart as attached to Resolution 2012-80. The
data collected pursuant to the monitoring program shall be provided to and maintained
by the Basalt Water Conservancy District (the `Basalt District"). If and when the
monitoring program, or other reliable data and information, provide evidence of a long
term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected
demand associated with decreed water rights owned by Lake Springs, Spring Valley, and
the other parties participating in the monitoring program, the Applicant shall cooperate
with the Basalt District to identify and implement necessary and appropriate corrective
measures which may include: (a) implementation of water conservation measures and/or
(b) evaluation of the opportunities for provision of a substitute water supply from a
supplement source.
Waste Water
17. The Applicant shall comply with the following Spring Valley Sanitation District's
(District) conditions including:
a. Prior to any final plat approval, the Applicant shall provide the Spring Valley
Sanitation District a complete set of the sewer construction plans for review and
approval.
b. The Applicant shall adhere to the Spring Valley Sanitation District's service
conditions as follows:
Obtain approval by the District of all required Line Extension Agreements or
Line Connection Agreements as required by the District's Rules and
Regulations and/or the Pre -Inclusion and Wastewater Treatment Plan
Treatment Agreement (PDA);
ii. Comply with all of the terms and conditions of the PDA and the District's Rules
and Regulations; and,
iii. Reimburse the District for all costs incurred by the District regarding this
project, including, but not limited to legal and engineering review, as stated in
the District's Rules and Regulations and PDA.
Access Permits
I8. The Applicant shall make application to the Colorado Department of Transportation for
an access permit for improvements to the intersection of County Road 114 and State
Highway 82. Such application and approved permit shall be tendered with each final plat
document, and the intersection improvements shall be included as a public improvement
in the subdivision improvements agreement for that final plat. In the event that the
County secures a permit with CDOT and constructs improvements to the CR 114/SH 82
intersection prior to any homes being constructed at Lake Springs Ranch PUD, the
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Applicant will be responsible for a portion of those intersection improvements either
equivalent to, or less than, the cost of the improvements that would have been required
pursuant to the CDOT permit. For the purpose of determining the Applicant's fair share
pursuant to the "equivalent to or less than" clause in the previous sentence, the Applicant
will provide for the County's review and approval, an engineer's estimate for the cost of
the improvements that would have been required, pursuant to the CDOT permit issued to
the Applicant. The engineer's estimate will be provided as part of the final plat
submission for the first final plat.
19. Prior to the approval of each final plat, the Applicant shall obtain driveway permits from
the Garfield County Road and Bridge Department for all applicable Secondary Access
roads that intersect County Roads 114 and 115.
Roads
20. Roadways: The current preliminary plan application for Lake Springs Ranch PUD
proposes five (5) separate accesses onto Garfield County Road 114, hereinafter "CR
114." Notwithstanding any future Board of County Commissioners amendments to
current approvals which may be obtained for the currently proposed design of the
roadway accesses for the Lake Springs Ranch PUD from CR 114 and the present design
of improvements to CR 114 through the Lake Springs Ranch PUD, based on agreements
and representations of the Applicant, the Applicant shall adhere to the following criteria.
a. Grade of CR 114 at Intersections: At intersections with Lake Springs Ranch
development roads, the vertical alignment of CR 114 shall have grades no greater
than 5% for a minimum distance of 25 feet as measured from the centerline of the
intersecting road.
b. Grade of Intersection Road at Intersections: At intersections with CR 114, all Lake
Springs Ranch development roads shall have grades no greater than 4% for a
minimum distance of 62 feet as measured from the centerline of CR 114 and not to
exceed 6% within 120 feet.
c. Angle of Intersections: Intersections shall be designed as nearly to right angles as
possible, with no intersecting angles of less than 85 degrees. The centerline of
intersecting roads shall be designed with a tangent at the intersection with a minimum
tangent length of 60 feet as measured from the centerline of CR 114 to the Point of
Curvature (P.C.) on the intersecting road.
d. Proximity of Adjacent Intersections: Where two Lake Springs Ranch development
roads intersect CR 114, the intersecting centerlines shall be directly aligned, or shall
be separated not less than 200 feet as measured between intersection centerlines. In
the event that one or both of the intersecting streets requires that CR 114 be provided
with auxiliary lanes (acceleration and/or deceleration lanes) as provided for herein,
then the intersecting street centerlines shall be offset sufficient distances so that the
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minimum length of the auxiliary lanes, as required for herein, are provided and do
not overlap.
e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Ranch
development roads shall be provided with auxiliary lanes (left deceleration lanes,
right turn deceleration lanes, right turn acceleration lanes, and left turn acceleration
lanes) applying criteria set forth in Section 3.9 of the most current version of the
Colorado State Highway Access Code.
f. Design Criteria for Auxiliary Lanes: The design of all required auxiliary lanes shall
be in accordance with then applicable Garfield County specifications, as applicable,
and Section 4 - Design Standards and Specifications of the most current version of
the Colorado State Highway Access Code.
g -
Intersection Sight Distance: At intersections of Lake Springs Ranch development
roads and CR 1 14, clear zones shall be designed and maintained to provide sight
distance for the vehicle on the intersecting road (stop or yield) to observe a moving
vehicle on CR 114. The clear zone shall be maintained free of all vegetation and
objects taller than 24 inches except for traffic signs. The sight distance shall be
measured from a point on the interesting road (stop or yield) which is 10 feet from
the edge of pavement on CR 114. The minimum intersection sight distance for
intersections with CR 114 based on a 35 MPH design speed shall be 350 feet.
h. Access Points: Direct accesses onto CR 114 by individual lots shall be prohibited.
No individual lot shall access a Lake Springs Ranch development road within a
distance of 100 feet from an intersection with CR 114, as measured from the nearest
edge of pavement of CR 114.
i. Utilities and Street Construction: Street and road construction shall not proceed
beyond subgrade preparation until all utilities which are intended to be placed under
any part of the street or road are complete, including all service lines, and all utility
trenches are backfilled and compacted in accordance with the street or road
construction specifications as provided by a certified professional geotechnical
engineer registered in the State of Colorado.
J.
Other Design Criteria: Except as modified above, CR 114 shall be subject to the
following design parameters:
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Garfield County Road 114 Design Criteria
Design Capacity (Vehicles Per Day)
2500+
Minimum Right of Way Width
80 -feet
Type of Surface for Driving Lanes and
Shoulders
Asphalt
Pavement Design and Subgrade
Stabilization
Prepared by Registered Geotechnical Engineer
• Based On-site Specific Soil Analysis and
Anticipated Traffic Volume for 20 -Year Design
Life
Minimum Driving Lane Width
12 -feet
Minimum Shoulder Width
6 -feet
Ditch Width and Storm Drainage
Culvert
Designed by Professional Engineer to Provide
Minimum Hydraulic Capacity to Convey Peak
Flow From I00 -year Storm Event
Cross Slope
2% to 8% Based on Superelevation Design of
Roadway by Professional Engineer
Shoulder Slope
Identical to Cross Slope
Min. Design Speed (Miles Per Hour)
35 MPH
Minimum Centerline Radius (Feet)
Varies with Superelevation
Rate of Superelevation:
2% Crown Section
610 -feet
2%
470 -feet
4%
420 -feet
6%
380 -feet
8%
350 -feet
Minimum Percentage of Runout on
Tangent
80%
Minimum Runout Length (Feet)
Varies with Change in Rate of Superelevation
Change in Rate of Superelevation:
4%
84 -feet
6%
126 -feet
8%
168 -feet
10%
-
210 -feet
12%
252 -feet
14 %
294 -feet
16%
336 -feet
Maximum Centerline Grade
10%
Minimum Centerline Grade
1%
K -Value for Crest Vertical Curve
40 minimum
K -Value for Sag Vertical Curve
50 minimum
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21. A portion of CR 114 is to be re -aligned which is subject to the Garfield County
Procedures for Vacating Public Roads and Rights -of -Way. The Applicant shall receive
approval of this road vacation prior to recording of the applicable final plat.
22. Prior to first final plat approval, the Applicant shall conduct a geotechnical investigation
of CR 114 from mile marker 3.1 to 100 feet east of the intersection of CR 115 and High
Alpine Drive. Based on this analysis, provide a pavement section design to the Garfield
County Planning Department for review.
Affordable Housing
23. If Tract A is to be subdivided into further separate interests, the Applicant shall tender an
application for the subdivision of the lot.
24. Affordable Housing: The location (on-site, off-site, or a combination of on-site or off-
site) of the affordable housing, and an Affordable Housing Agreement reflecting these
determinations shall be finalized prior to scheduling the first final plat application
submitted subsequent to this Resolution for signature by the Board of County
Commissioners.
Vegetation
25. The improvements included with each final plat will include a revegetation provision for
the disturbed areas associated with the improvements for the subdivision, along with
security to guarantee that the revegetation has been successful.
26. Prior to the issuance of a building permit from the Garfield County Building Department
on single family Lots and the multi -family tract, an inventory of the existing vegetation
and Harrington's Penstemon shall be done by the lot owner and receive a statement of
approval from the Development Review Committee prior to building.
Historic Preservation
27. Prior to the approval of the final plat for Block 3, the Applicant shall conduct further
evaluations bf the sites that potentially contain the prehistoric "open camp hearth," This
information shall be provided to the Garfield County Planning staff for review.
28. Prior to the approval of the final plat for Block 2, the Applicant shall further investigation
the historic value of the structures on Lot 3. This information shall be provided to the
Garfield County Planning staff for review.
GIS
29. Once each final plat is approved, the Applicant shall provide the Garfield County
Planning Department a digital copy of the final plat to a standard acceptable to the
Garfield County Information Technology Department.
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PUD Amendment
30. Prior to the signing of the Resolution the Applicant shall provide a clean copy, suitable
for recordation, of the PUD Guide and PUD Plan.
tice
Dated this a day of
ATTEST:
, A.D. 20 F tl
GARFIELD COUNTY BOARD OF
COMMISSIO • RS, GARFIELD
COUNTY,
m
Jerk of the Board Chai
Upon motion duly made and seconded the fore
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
was adopted by the
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Absent
, Aye
i, , County CIerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20
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County Clerk and ex -officio Clerk of the Board of County Commissioners
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SECOND AMENDED
LAKE SPRINGS RANCH PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT GUIDE
I. INTRODUCTION
EXHIBIT
The purpose of this Second Amended Lake Springs Ranch Planned Unit
Development Guide ("PUD Guide") is to serve as the governing regulations which will
control use of land and establish development standards, supplemental regulations and
guidelines for the development and properties within the Lake Springs Ranch Planned
Unit Development ("PUD"), the Preliminary Plan for which was approved by Garfield
County (the "County") on 2016, by . This
PUD Guide constitutes the zone district regulations for the PUD and defines, without
limitation, the permitted use of land and limitations or restrictions on the use areal
property contained within the PUD, provides for open spaces, and includes additional
supplementary regulations. All development within the PUD shall be administered by
the County in accordance with the Land Use Development Code, as amended ("LUDC")
and this PUD Guide. In the event ofa conflict, the terms of this PUD Guide will control.
It is acknowledged that prior to review by the County of any development applications
governed by the Second Amended Declaration of Covenants, Conditions, Restrictions
and Easements for Lake Springs Ranch PUD, Filing _ recorded in Reception No.
in the office of the Clerk and Recorder of Garfield County (the
"Covenants"), the Development Review Committee (the "DRC") shaIl first approve any
such applications.
II. PURPOSE
This PUD Guide establishes the zoning standards, restrictions and regulations that
govern development and use of land and all development within the PUD in accordance
with the PUD Zone Map incorporated as Exhibit B to this document. This PUD Guide
intends to ensure that the PUD is developed as a comprehensive planned community that
will encompass such beneficial features as a balance of residential uses and opportunities
for recreational uses, preservation of significant and important open space and
agriculture, creation of aesthetically pleasing environmental features and promotions of
high standards of development quality through stringent site planning and controls. The
Berkeley Family Limited Liability Limited Partnership, LLLP hereby makes, declares
and establishes the following !limitations, restrictions, and uses upon all real property
contained within the PUD, running with the land and binding upon all future owners of
any part of the land within the PUD, so long as these standards, restrictions and
regulations and the PUD remain in efl`ect.
III. GENERAL LAKE SPRINGS RANCH PUD DESCRIPTION
The PUD is a rural residential planned unit development, the approvals for which
allow 194 single-family lots and 12 multi -family units on 459.38 acres. At the time this
PUD Guide was amended, 76 of the 194 single-family lots had been sterilized through
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conservation easements. The property is located in Spring Valley which is a broad,
shallow valley located above and to the east of the Roaring Fork River Valley in eastern
Garfield County. Most of the single-family residential lots are situated on a west -facing
slope overlooking the valley floor which extends to the northwest toward the rural resort
town of Glenwood Springs. Much of the valley floor in the area of the Lake Springs
Ranch property is currently used for agricultural and grazing purposes and provides an
attractive rural setting for the subdivision. The single-family Lots are arranged among the
site's many natural features including existing ponds, sage meadows, and stands of pinion
juniper and Gambles oak. Most of the lots offer expansive views of the valley and the
surrounding mountains. The lots themselves are 0.6 to 1.7 acres in size and are served by
a winding street system that passes through large open space areas. The subdivision
includes nearly 265 acres of open space and agriculture preserve which is carefully
distributed among the residential lots and occupies much of the valley. The open space
system also preserves areas of significant wildlife habitat and most of the site's important
natural features. The open space system offers numerous opportunities for trails and
other passive recreational facilities such as a central picnic facility, overlook/rest areas
and wildlife interpretive stations. Most of the lots within the subdivision either abut or
are across the street from designated open space. The subdivision also includes a
neighborhood of multi -family housing units located in an area of the property that
overlooks expansive adjacent ranch lands. The subdivision is served by a private central
water system and a sewage treatment facility run by the Spring Valley Sanitation District.
IV. DEFINITIONS
The following are the definitions for the terms contained in this PUD Guide.
A. Lake Springs Ranch PUD. The Lake Springs Ranch PUD (the "PUD") is
a Planned Unit Development zone district authorized by the County, Resolution No. 79-
64, No. 79-153 (Reception No. 300121), No. 2012-80 (Reception No. 823748), and No.
2016 - containing the property described on the attached Exhibit A, which may be
amended from time to time.
B. Building Envelope. The Building Envelope is that portion of each lot
which is depicted and designated as the Building Envelope on a Plat. All structural
improvements shall be located within the Building Envelope on a lot, except that
driveways, walks, pathways, other similar features, fences, underground utilities,
irrigation and drainage systems, and landscaping may be located outside the Building
Envelope.
C. Building Height. The distance, measured vertically, from the undisturbed
or natural ground surface at the mid -point between the front and rear walls of a building
to the top of a flat roof or mansard roof or to the mid -point between the eave line and the
peak of a gable, hip, shed or similar pitched roof.
D. Building Setback. The minimum distance of a required yard.
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E. Design Guidelines. Design Guidelines are defined in the Covenants. The
Design Guidelines establish architectural and building material standards, landscape
design, site design standards and a design review process for development within the
PUD and are adopted by the Design Review Committee ("DRC") and may be amended
from time to time. The Design Guidelines shall be administered by the DRC. In addition
to the Design Guidelines, the County may still retain certain jurisdiction for review of
compliance with the Building Code.
F. Lot Coverage. The portion of a lot which is covered or occupied by
buildings, structures, parking and drives or any other impervious surface.
G. Lot Size. The total horizontal area, being the area of the horizontal plane
within the lot lines of a lot.
V. APPROVAL OF CONSTRUCTION PLANS
A. Design Guidelines. The DRC shall apply the Design Guidelines when
reviewing proposed improvements on a lot. The Design Guidelines shall not be
inconsistent with the Covenants, but shall more specifically define and describe the
development standards for the PUD. The Design Guidelines may be modified or
amended from time to time by the DRC to establish reasonable criteria, including,
without limitation, requirements relating to design, scale and color, as the Association
may deem appropriate in the interest of preserving the aesthetic standards of the PUD.
Further, the DRC, in its sole discretion, may excuse compliance with the Design
Guidelines that are not necessary or appropriate in specific situations. Compliance with
the Development Review process shall not be a substitute for compliance with applicable
governmental building, zoning and subdivision regulations. Each owner shall be
responsible for obtaining all approvals, licenses and permits as may be required before
commencing construction.
B. Development Review Committee. The DRC shall consist of a minimum
of three (3) members, each of whom shall either be (i) a representative of Declarant, (ii)
an owner of a lot in the PUD or (iii) a local architect, landscape architect or engineer.
C. Pre -submission Conference. Every owner proposing to make
improvements to a lot shall meet in a pre -submission conference with the DRC to discuss
the general nature and scope of the contemplated improvements, the Design Guidelines
and the DRC's procedures prior to owner's expenditure of significant design fees.
D. Development Review. The DRC shall review, study and either approve or
reject proposed improvements, in compliance with the Covenants and the Design
Guidelines. Each application for Development Review shall include such plans and
specifications and other information as may reasonably be required by the DRC. In any
Development Review, the DRC shall exercise its best judgment to see that all
improvements conform and harmonize with any existing structures as to external design,
quality and type of construction, materials, color, location of improvements, height, grade
3
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and finished ground elevation and all aesthetic considerations set forth in the Covenants
and in the Design Guidelines. The DRC may avail itself of technical and professional
advice as it deems appropriate. The DRC shall make reasonable Rules and Regulations as
it may deem appropriate to govern in such proceedings. The DRC's exercise of discretion
in approval or disapproval of plans or with respect to any other matter before it shall be
conclusive and binding on all parties, however is shall not excuse any part from
compliance with applicable government building, zoning and subdivision regulations.
E. Development Review Expenses. The DRC shall have the right to recover
the reasonable costs and expenses of any technical and professional advice required to
properly consider the application from the applicant.
F. Decision of Committee. Any decision of the DRC shall be made within
forty-five (45) days after receipt by the DRC of all materials and information required by
the DRC, unless such time period is extended by mutual written agreement. The decision
shall be in writing and if the decision is not to approve the proposed improvements, the
reasons therefor shall be stated. The decision of the DRC shall be promptly transmitted to
the owner at the address furnished by the owner. Any written request for approval of
proposed improvements shall be deemed approved, unless written disapproval or a
request for additional information or materials is transmitted to the owner within sixty
(60) days after the date of receipt by the DRC of all required materials and information,
unless such time period is extended by mutual written agreement.
G. Prosecution and Completion of Work After Approval. Following an
approval of any proposed improvements, the proposed improvements shall be completed
by the owner: (a) in compliance with the Design Guidelines and with all applicable Iaws,
regulations and codes, (b) in strict conformance with all plans and specifications and
other materials presented to and approved by the DRC; and (c) in accordance with any
and all conditions imposed by the DRC. All improvements approved by the DRC shall be
completed, including issuance of a Certificate of Occupancy and the removal of all
construction equipment, materials and debris within twenty-four (24) months from the
date of approval of such improvements by the DRC, provided, however, that any and all
landscaping approved by the DRC which is related to the initial construction of a
residence on a lot shall be completed no later than six (6) months immediately following
the issuance of the Certificate of Occupancy for such residence. Any member or agent of
the DRC may, at any reasonable time enter, without being deemed guilty of trespass,
upon any lot, after reasonable notice to the owner, in order to inspect improvements
constructed or being constructed on such lot, to ascertain whether such improvements
have been or are being built or changed in compliance with the Design Guidelines, the
approvals granted by the DRC, and the Covenants.
H. Limitation of Liability. The DRC shall use reasonable judgment in
accepting or rejecting plans and specifications submitted to it for Development Review.
Neither the Association, Declarant, nor any officer, Executive Board member, DRC
member or individual Association member shall be liable to any person for any act of the
Association concerning submitted plans and specifications, except for wanton and willful
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acts. Approval by the Association does not necessarily assure approval by any
governmental authority having jurisdiction. Notwithstanding Association approval of
plans and specification, neither the Association nor any of its.members shall be
responsible or liable to any Owner, developer or contractor with respect to any loss,
liability, claim or expenses which may arise because of approval of the construction of
the Improvements. Neither the Executive Board, the DRC, the Association, nor
Declarant, nor any of their employees, agents or consultants shall be responsible in any
way for any defects in any plans or specifications submitted, revised or approved in
accordance with the provisions of the Covenants, nor for any structural or other defects in
any work done according to such plans and specifications.
VL CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
A. General. The Design Guidelines and the provisions set forth in the
Covenants shall govern the right of an owner to construct, reconstruct, refinish, alter or
maintain any improvement upon, under or above any of the Property, and to make or
create any excavation or fill on the Property, or make any change in the natural or
existing surface contour or drainage, or install any utility line or conduit on or over the
Property. In order to protect the Harrington's penstemon and other native vegetation, all
construction activity, storage of materials, fill and debris, parking of vehicles and
equipment shall occur within the Building Envelopes and shall be done in accordance
with all other provisions of the Covenants, including the preservation and protection of
Harrington's penstemon.
B. Approval Required. No improvement in the PUD shall be erected, placed,
reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair
or reconstruction be commenced until plans for such improvement shall have been
approved by the DRC; provided, however, that improvements and alterations which are
completely within a structure may be undertaken without such approval.
C. Underground Utility Lines. With respect to the new construction of any
improvements within the PUD or the extension of any utilities, all utility pipes or lines
within the limits of the PUD shall be buried underground beneath roads and driveways,
or in such other locations that shall seek to avoid the Harrington's penstemon, and not be
carried on overhead poles or above the surface of the ground. Any natural vegetation
disturbed by the installation of utility lines shall be revegetated within twelve (12)
months of completion of any improvement by and at the expense of the owner causing
the installation of such utilities.
D. Size Restrictions of Dwellings. The minimum living area of the dwelling
on any lot shall be 1,800 square feet, exclusive of all areas utilized for garages, decks and
open porches.
E. Specific Requirements for Dwellings. The maximum building height shall
be as set forth herein. All construction materials shall be new, except for the limited use
of antique treatments, fixtures and accessories. Log homes which are to be erected on a
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log by log basis on a lot which may have been originally fitted together at a place other
than the lot may be approved by the DRC. Without limiting the generality of the
foregoing or the right of the DRC to impose additional limitations and conditions,
reflective materials shall not be permitted on the exterior of structures within the PUD
without the prior written approval of the DRC. No mobile homes shall be allowed on any
lot.
F. Fireplaces and Stoves. No open hearth solid fuel fireplaces shall be
allowed. One (I) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq.
and the regulations promulgated thereunder will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of gas burning stoves and
appliances.
G. Fences and Hedges. The type and location of all fences and hedges will be
subject to the approval of the DRC prior to installation. Only wooden fences shall be
permitted within the Property, with limited exceptions for small gardens, kennels, play
areas for small children or otherwise and only in circumstances where a wooden fence
would not serve the required purpose. Barbed wire fencing shall be prohibited. The DRC
shall consider the effect on wildlife activity prior to approving any requested fencing.
Wood fencing shall not exceed forty-two (42) inches in height, shall not have more than
two (2) horizontal rails with spacing of at least eighteen inches (18") between rails and
with the bottom rail at least twenty-four inches (24") above the ground. Lot boundary
perimeter fencing shall not be allowed.
H. Landscaping. No landscaping shall be performed on any lot unless a
landscaping plan therefor has received the prior written approval of the DRC. A
landscaping plan for each lot must be approved by the DRC before construction is
commenced on the residence on that lot. In each instance, an approved landscaping plan
shall be fully implemented and performed within the six (6) month period immediately
following (i) the issuance ofa Certificate of Occupancy for a residence constructed on a
Iot, or (ii) the approval of the landscaping plan by the DRC in all instances not involving
the construction ofa residence on a lot. Notwithstanding the foregoing, no review or
approval shall be required for the replacement or replanting of the same or similar kind of
trees, or plants, or flowers, or other vegetation that has been previously approved by the
DRC for the lot in question, in the previously approved location therefor. Any material
change in the type or location of approved landscaping vegetation shall require the
further approval of the DRC. Landscaping shall be primarily indigenous plant life from a
plant list to be established by the DRC. Irrigation of landscaped areas shall be subject to
guidelines promulgated by the DRC. Each Owner shall diligently maintain, trim, weed,
cultivate, husband, protect, preserve and otherwise keep in a healthy and attractive
condition the shrubs, trees, hedges, grass, planters, gardens and other landscaping upon
the Owner's lot, including, without limitation, the removal of dead and diseased branches
and brush and the performance of other tasks necessary to remove or eliminate material
which constitutes or creates a fire hazard or nuisance, and shall keep the Owner's lot free
of any prohibited plants. Each Owner shall cooperate with the Association in its fire
protection husbandry program for reduction of fire hazard within the PUD. Each Owner
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shall also maintain all paved, concrete and other synthetically surfaced areas within the
Owner's lot, including but not limited to, driveway and parking areas, in good condition
and repair.
I. Removal of Nonconforming Improvements. The Association, after
reasonable notice to the Owner, may remove any improvement constructed,
reconstructed, refinished, altered or maintained violating the Covenants, and the Owner
shall immediately reimburse the Association for all expenses incurred in such removal.
J. Fire Protection District Recommendation. Each Owner shall adhere to the
recommendations of the Carbondale and Rural Fire Protection District and the Wildfire
Hazard Review prepared for the PUD by Rocky Mountain Ecological Services, Inc. and
dated April 201 L
K. Design Criteria for Common Elements
1. Open Space. Open space shall generally remain in a natural state and the
Association shall perform necessary weed control and management. The
open space shall be disturbed in the following areas:
i. Cut and fill slopes from the proposed roads outside of the right of
way as shown on the Preliminary Plan.
ii. The Tank Road grading, water treatment building, and water
storage tank shall be contained within an easement within the open
space. The proposed design of the Tank Road is attached hereto as
Exhibit C.
iii. The existing water wells and well pumps and water supply lines
shall be in an easement within the open space.
iv. Various underground utilities shall be in an easement within the
open space.
v. Improved drainage channels shall be graded as necessary during
each phase of the project within the open space.
vi. "Utility Access Roads" to allow Spring Valley Sanitation District
to access proposed manholes shall be within the open space. The
proposed design of the Utility Access Roads is attached hereto as
Exhibit D.
vii. Relocated overhead electric lines shall be in easements within the
open space.
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viii. Sod farm irrigation operations shall continue to be based out of the
existing pond within the open space.
2. Trail. A four foot wide pedestrian trail will be located within the
open space. Trail grades will be between 5% and 10% with a maximum
of 15% for short runs. Grade dips will be placed every 100 feet. Culverts
will be placed beneath the trails in all major drainage ways to convey
runoff. There will be no signage long the trails. Native rock will be used
for slope retention where necessary. There will be no grading necessary
where cross slopes are 5% or less along the trail. The proposed design of
the trail is attached hereto as Exhibit E. The alignment of the trail as
shown on the Preliminary Plan is approximate and the actual alignment
shall be determined in the field to avoid disturbing the natural habitat and
existing vegetation. The trail shall be maintained by the Association to a
good and usable standard.
3. Road Right of Ways. All interior and secondary road right of ways shall
be designed, constructed and revegetated in accordance with road standard
approvals granted by the Garfield County Board of County
Commissioners and included in Resolution No. 2016 -
VIZ. ZONE DISTRICTS
The PUD is divided into the following zone district classifications each of which
is defined in detail herein:
PUD/R/S.F. Residential / Single -Family District
PUD/R/C.H. Residential / Cluster Housing District
PUD/AP. Agricultural Preserve District
PUD OS Open Space District
These districts are graphically identified on the final plat for the PUD and on the
PUD Zone Map.
A. PUD/R/S.F. PUD Residential / Single Family District
The uses permitted within the Residential / Single Family District, together with
the regulations affecting the usage of the land contained therein, shall be as follows:
1. Uses, by right.
Single -Family dwelling and customary accessory uses including
buildings for shelter or enclosure of small animals or property
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accessory to use of the lot for single family residential purposes
and fences, hedges, gardens, walls and similar landscape features.
Park and Greenbelt, along with trails and other passive recreational
facilities.
Accessory building or structure necessary to agricultural
operations, accessory uses to agricultural operations.
All agricultural uses described in the Deed of Conservation
Easement recorded December 22, 2004 in the office of the Garfield
County Clerk at Reception No. 665794 as subsequently amended
and in'the Deed of Conservation Easement recorded October 24,
2005 in the office the Garfield county Clerk at Reception No.
684872 as subsequently amended.
Existing sod farm operation and related landscape implement and
materials dealer.
2. Uses, Administrative Review.
Accessory Dwelling Unit.
3. Uses, Limited Impact Review.
None
4. Uses, Major Impact Review.
None.
5. Minimum lot area.
.5 acre.
6. Maximum lot coverage.
15%
7. Building setback.
Front yard. 30 feet
Side yard. 20 feet
Rear yard. 50 feet
8. Maximum Building Height.
25 feet
9. Off -Street Parking / Residential.
Two parking spaces per dwelling unit.
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B. PUD/R/C.H. PUD Residential / Cluster Housing District
The uses permitted within the Residential / Cluster Housing District, together with
the regulations affecting the usage of the land contained therein, shall be as follows:
I. Uses, by right.
Single-family dwelling, duplex dwelling, triplex dwelling,
townhomes and customary accessory uses including buildings for
shelter or enclosure of small animals or property accessory to use
of the lot for residential purposes and fences, hedges, gardens,
walls, and similar landscape features.
Park and Greenbelt.
2. Uses, Limited Impact Review.
None.
3. Uses, Major Impact Review.
None
4. Minimum Cluster Housing lot area.
a. The Cluster Housing Lot shall be as shown on the
PUD final plat.
b. Lots within a Cluster Housing Lot shall have no
minimum lot area.
5. Maximum Coverage of the Cluster Housing District.
a. 20 percent of the total District area.
b. Lots with the R/C.H. District shall have no coverage limit
except that the combined coverage of all internal Tots shall not
exceed the 20 percent maximum of the total District area.
6. Building Setback from the Cluster Housing District Boundary.
a. 50 feet.
b. Lots within the R/C.H. District shall have no setback
requirement.
7. Maximum Building Height.
25 feet
8. Off -Street Parking - Residential/Cluster Housing.
1 Bedroom
2 to 3 Bedrooms
2 spaces per dwelling unit
2.5 spaces per dwelling unit
1Q
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4 Bedrooms 3 spaces per dwelling unit
C. PUD /AP Agriculture Preserve District
The uses permitted within the Agricultural Preserve District, together with the
regulations affecting the usage of the land contained therein, shall be as follows:
1. Uses, by right.
Agriculture, pedestrian trail, open space and wildlife preservation
and all others specified in the Deed of Conservation Easement held
by the Aspen Valley Land Trust and recorded December 22, 2004
in the office of the Garfield County Clerk at Reception No. 65794
as subsequently amended and in the Deed of Conservation
Easement recorded October 24, 2005 in the office of the Garfield
County Clerk at Reception No. 684872 as subsequently amended.
Specifically included is the existing sod farm operation and related
accessory uses including the landscape implement and materials
dealer.
2. Uses, Limited Impact Review.
None.
3. Uses, Major Impact Review.
None
4. Minimum lot area.
N/A.
5. Maximum lot coverage.
N/A
6. Building Setbacic
Front Yard. 40 feet
Side Yard. 40 feet
Rear Yard 40 feet
7. Maximum Building Height.
25 feet
D. PUD /O.S. Open Space District
The uses permitted within the Open Space District, together with the regulations
affecting the usage of the land contained therein, shall be as follows:
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I. Uses, by right.
Recreational including, hiking trails, picnic shelters, private
stables, private riding arena, pasture, water impoundments and
customary accessory uses including buildings for shelter or
enclosure of animals or property employed in any of the above
uses.
Utility facilities including wells, water storage tank, pump house,
water and sewer lines, irrigation lines and equipment, and any
roads necessary to access and maintain these facilities as shown on
the approved subdivision plans.
Recreation Vehicle Storage.
Park and Greenbelt.
2. Uses, Limited Impact Review.
None.
3. Uses, Major Impact Review.
None
•
4. Minimum lot area.
.5 acres.
5. Maximum lot coverage.
15%
6. Building Setback.
Front Yard. 40 feet
Side Yard. 40 feet
Rear Yard 40 feet
7. Maximum Building Height.
25 feet
VIII. MODIFICATION AND AMENDMENTS.
Modification and amendment of this PUD Guide shall be done in accordance with
the LUDC and Covenants. In as much as a modification or amendment to this PUD
Guide also amends provisions in the Covenants, approval of the modification or
amendment shall be approved by the members in accordance with the Covenants.
12
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GRRFIELD COUNTY CO
IX. RECORDING
Upon approval by the County, this PUD Guide will be recorded in the office of
the Clerk and Recorder of Garfield County, Colorado.
X. ENFORCEMENT
A DRC and the Association shall have the responsibility for interpreting and
enforcing this PUD Guide, provided, however, the County shall have the independent
right and responsibility to enforce the provisions of this PUD Guide. The County
expressly reserves the right to refuse to approve any application for a building permit or
certificate of occupancy for the construction or occupancy of any building or structure if
said building or structure fails to comply with this PUD Guide or any other applicable
provisions of the LUDC or other applicable law, rule, or regulation or condition of
approval of the project. This provision shall not be construed as a waiver by any
appropriate party, including, without limitation, any owner, the Association, the DCR, or
the developer, of any right to appeal, pursuant to the appeal rights otherwise applicable
under the LUDC, County building codes or other applicable law.
XL SEVERABILITY
If any provision of this PUD Guide, or its application to any person, entity or
circumstance, is specifically held to be invalid or unenforceable by a Court of competent
jurisdiction, the remainder of this PUD Guide and the application of the provisions hereof
to other persons, entities or circumstances shall not be affected thereby and, to that end,
this PUD Guide shall continue to be enforced to the greatest extent possible consistent
with law and the public interest. This PUD Guide shall be modified as necessary to
maintain the original intent of the PUD Guide.
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Exhibit A
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, 6, 9, 10,
11, 12, 13, 14,15, 16, 17, 20, 21, 22, 23 AND THE NE 1/4 SE 114 OF SECTION 33, SW 1/4 SW 1/4 AND
THE NW 114 SW 1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN, AND ALSO LOTS 1, 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-112" BRASS CAP L.S. NO.
5933 FOUND IN PLACE, THE POINT OF BEGINNING: THENCE N. 89°40'02"W. ALONG THE SOUTHERLY
BOUNDARY OF SAID SECTION 33 A DISTANCE OF 2502.71 FEET TO THE SOUTHWEST CORNER OF SAID
GOV'T LOT 20, A 3-114" ALUMINUM CAP L.S. NO, 19598 FOUND IN PLACE; THENCE N. 01°58'08" E.
ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO
THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN
PLACE; THENCE N. 87°10'45" W. ALONG THE SOUTHERLY BOUNDARY OF SAID GOVT LOT 9 AND 6 A
DISTANCE OF 1,382.36 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 6; THENCE N. 01°43'35" E.
ALONG THE WESTERLY BOUNDARY OF SAID GOVT LOT 6 AND 5 A DISTANCE OF 1,290.42 FEET TO
THE NORTHWEST CORNER OF SAID GOV'T LOT 5 (WHENCE A WITNESS CORNER TO THE NORTHWEST
CORNER OF SAID LOT 5 BEARS N. 01°43'36" E. A DISTANCE OF 29.83 FEET); THENCE S. 89°05'51" E.
ALONG THE NORTHERLY BOUNDARY OF SAID LOT 5, A DISTANCE OF 1,166 .84 FEET TO THE
NORTHEAST CORNER OF SAID LOT 5, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE;
THENCE S. 89512'41"E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF
1,529.49 FEET TO THE NORTHEAST CORNER OF SAID LOT7, A 2-1/2" GARFIELD COUNTY SURVEYOR
ALUMINUM CAP FOUND IN PLACE; THENCE S. 01°58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID
LOT 7 A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A 2-1/2"
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OF SAID SECTION 33, A 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE;
THENCE S 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOVT LOT 12 A DISTANCE OF
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CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF
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OF 1,233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NW 1/4 SW1/4; THENCE
N. 89°02'47" E. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 807.09 FEET; THENCE LEAVING SAID
SOUTHERLY BOUNDARY S. 02°50'09" E. A DISTANCE OF 1,220.54 FEET TO A POINT ON THE SOUTHERLY
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54°02'27', A DISTANCE OF 188.64 FEET (CHORD BEARS N. 62°47'31" W. A DISTANCE OF 181.72 FEET);
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SECTION 4; THENCE N. 00°13'22' W. ALONG SAID WESTERLY BOUNDARYA DISTANCE OF 1,342.18 FEET
TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 459.376 ACRES, MORE OR LESS.
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STATE OF COLORADO
)ss
County of Garfield
At a meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood
Springs on, Monday, the 11th day of April 2016, A. D. there were present:
John Martin
Mike Samson (absent)
Tom Jankovsky
Kevin Batchelder
, Commissioner Chairman
, Commissioner
, Commissioner
, County Manager
Tari Williams , County Attorney
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.,Z 1/' 'r36
A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT
AMENDMENT TO CORRECT THE ZONING OF THE BOUNDARY OF THE LAKE
SPRINGS RANCH PUD APPROVED BY RESOLUTION 2012-80. THE PROPERTY IS
OWNED BY THE BERKELEY FAMILY LLLP LOCATED IN SECTIONS 32, 33, AND
34, TOWNSHIP 6 SOUTH, RANGE 88 WEST AND SECTION 4, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO.s # 2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107
Recitals
A. The Board of County Commissioners of Garfield County, Colorado (Board), received a
Preliminary Plan Amendment and PIanned Unit Development (PUD) Amendment application for
the Lake Springs Ranch PUD, a 459.38 -acre property owned by the Berkeley Family LLLP located
3.5 miles southeast of Glenwood Springs, CO in unincorporated Garfield County, Colorado. This
application also included a request to correct the Garfield County zoning map based upon
approvals granted by the Board in Resolution 2012-80.
B. As part of the public hearing for the Preliminary Plan and PUD Amendments, the parties
determined that a zone district amendment is needed for the boundary of the subject site as granted
by the Board of County Commissioners in Resolution 2012-80 which allowed revision of the PUD
boundary.
C. The correction is needed based upon approvals granted to amend the PUD boundary
based upon a Boundary Line Adjustment for the CMC parcels, located adjacent to the subject
property, and as more particularly described in Reception Number 828747 of the Garfield County
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05105/2016 03:01:32 PM Jean Rlberico
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Clerk and Recorder's records, and a Boundary Line Adjustment for the Nieslanik parcels, also
located adjacent to the subject property, and as more particularly described in Reception Number
828750 in the records of the Garfield County Clerk and Recorder.
D. A Public Hearing was held by the Garfield County PIanning Commission on February
10, 2016, at which time the Planning Commission voted unanimously to forward a
recommendation to the Board of County Commissioners to approve the requested amendments to
the PUD and Preliminary Plan, and which further identified the required necessary corrections to
the PUD boundary approved by Resolution 2012-80.
E. On April 11, 2016, the Board of County Commissioners opened a public hearing upon
the question of whether the Zone District Amendment should be approved, approved with changes,
or denied. At said hearing, the public and interested persons were given the opportunity to express
their opinions regarding the issuance of said zone district amendment.
F. The Board of County Commissioners closed the public hearing on April 11, 2016, to
make a final decision.
G. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted or could be submitted and that
all interested parties were heard at that meeting.
3. That for the above stated and other reasons the request to rezone the property is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That the application has met the requirements of the Garfield County 2013 Land Use and
Development Code, as amended.
5. That the application is in general conformance with Garfield County Comprehensive Plan
2030.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
2
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Reception#: 876835
05/0512016 03:01,32 PM Jean Alherico
3 of 8 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO
B. The Zone District Amendment for the boundary of the Lake Springs Ranch PUD is hereby
amended.
21
ADOPTED this `0 day of m- , 2016
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COU Y COLORADO
Cl of the Board
Upon motion duly made and seconde the fo -going Res,lution was ad ted by the
following vote:
John Martin , Aye
Mike Samson , Absent
Tom Jankovsky , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2016.
County Clerk and ex -officio Clerk of the Board of County Commissioners
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12119/2012 02:41:22 PM Jean Atherioo
6 0l D Rea Fee;$51.00 Doo Fee:0.00 GARFIELD COUNTY CO
1111 KIN.l 44 4, 11 Ili
Reception#: 876835
05(0512016 03;01:32 PM Jean Rlberico
6 of 8 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
EXHIBIT 13
J&S Nieslanik, LLLP Parcel D on Zoning Comparison Map
to
The Berkeley Fancily Limited Partnership
A parcel of land situated in the NEI/4 of Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being
more particularly described as follows:
Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the
Point ofBeginninp,; thence S]6°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet;
thence S48°1 1'02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc
of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a
distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96
feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00
feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears
S57°47'34"W 100.68 feet); thence S10°53'01" E 106.92 feet; thence N89°46'50"W
285.66 feet to a point on the easterly boundary of that property described in Reception
No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00° 18'44"W
along said easterly boundary 336.70 feet; thence continuing along said easterly boundary
N89°51'49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W
489.84 feet to a point on the northerly boundary of said section 4; thence along said
northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel
containing 17.809 acres, more or less, said parcel to be merged with a tract of land
presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the
records of the Clerk and Recorder of Garfield County.
County of Garfield
State of Colorado
■111 h4 1 1Y.ThIf ii T�NVI�iiii�Gl��iefili r 1�.�'i 1111
Re°eptioni: 828747
12/19/2012 02:41:22 PM Jean Rlberlco
10 of 12 Rep Feo:$66.00 Doc Fee:0.00 Gf1RFIELD COUNTY CO
State of Colorado
I1III 11Pr'i:'! F��J 1N1i11td.1`��'rf�� ati; #���',l+�i�s M,��� 11ti'�� 111111
Reception#: 875835
06/05(2016 03:01:32 PM Jean Rlberic°
6 of 8 Rec Fee:$0.00 Doc Fee:0,00 GPRFIELD COUNTY CO
Resulting Legal Description — The Berkeley Family Limited Partnership
A Parcel of land situated in government Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 20, 21, 22, 23 and the NE1/4SE1/4 of Section 33, SW1/4SW1/4 and
the NW 1/4SW 1/4 of Section 34 all in Township 6 South, Range 88 West of the 6th
Principal Meridian, and also Lots 1, 2, 3 and 9 of Section 4, Township 7 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel
being more particularly described as follows:
Commencing at the South Quarter Comer of said Section 33, A 2-1/2" brass cap L.S. No.
5933 found in place, the point of beginning; thence N. 89°40102" W. along the sourtherly
boundary of said Section 33 a distance of 2502.71 feet to the southwest corner of said
Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. 01°58'08"
E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of 2,064.02 feet
to the northwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in
place; thence N. 87°10145" W. along the southerly boundary of said Gov't Lot 9 AND 6 a
distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01°43'36"
E, along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to
the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest
corner of said Lot 5 bears N. 01°43'36" E. a distance of 29.83 feet); thence S. 89°05'51"
E. along the northerly boundary of said Lot 5, a distance of 1166.84 feet to the northeast
corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S.
89°12'41" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of
1529.49 to the northeast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum
cap found in place; thence S. 01°58'10" W. along the easterly boundary of said Lot 7 a
distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S.
No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said
Gov't Lot 11 a distance of 1113.33 feet to the center quarter corner of said Section 33, a
3-1/4" Garfield County Surveyor aluminuin cap found in place; thence S. 88°25'59" E.
along the northerly boundary of said Gov't Lot I2 a distance of 1255.38 feet to the
center -east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933
found in place; thence S. 88°25'59" E. along the northerly boundary of the NE1/4SE1/4
of said Section 33 a distance of I255.38 feet to the east quarter corner of said Section 33,
a 2-1/2" aluinintltn cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the
northerly boundary of the NW 1/4SW 1/4 of said Section 34 a distance of 201.90 feet;
thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.01 feet to a
point on the southerly boundary of said NWI/4SW1/4; thence N. 89°02'47" E. along said
southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S.
02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the
SW/I4SW1/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a
distance of 984.24 feet to the southeast corner of Section 33, a 2" Bureau of Land
Management aluminum cap found in place; thence; S, l6°39'59" W. a distance of 217.38
all ri l y.rhrfiammilincerim"i 11111
Reception1$: 828747
12/1912012 02:41:22 PM Jean Albertco
11 of 12 Roc Fee:$66.00 Doo Fee:0.00 GARFIELD COUNTY CO
11111 !rdrill r.INILIWLI. ;iEik7NArD:VibliiNlitliii 11111
Reception#: 876835
05/0512016 03:01:32 PM Jean Alberico
7 of 8 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
feet; thence S. 27°00'32" W. a distance of 277.20 feet; thence S. 48°11'02' W. a distance
of 452.97 feet; thence N. 89°49'27" W. a distance of 293.51 feet; thence along the arc of
a tangent curve to the right having a radius of 200.00 feel and central angle of 54°02'27",
a distance of 188.64 feet (chord bears N. 62°47'31" W. a distance of 181.72 feet); thence
N. 35°45'36" W. a distance of 8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet
to a point Man existing fence; thence S. 10°53'01" E. along said fence a distance of
648.15 feet to an angle point in said fence; thence continuing along said fence N.
89°15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the
SW 1/4NE1/4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a
distance of 1342.18 feet to the point of beginning.
AND INCLUDING
Parcel A: Parcel A on Zoning Comparison Map
A Parcel of land situated in the NWI/4SW 1/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993
found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of
the NW 1/4SWI/4 Section 34 a distance of201.90 feet; thence leaving said Northerly
Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said
NW1/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56
feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found
in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of
1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less.
County of Garfield
State of Colorado
Parcel B: Parcel B on Zoning Comparison Map
A Parcel of Land situated in the NE '4 Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at the Nl/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62
feet to the northeast sixteenth confer of said Section 4, also being the southeast corner of
that property described in Reception No. 419600 in the Garfield County Clerk and
Recorder's Office, the Point of Beginning; thence N00° 18'44"W along the westerly line
of said Reception No. 419600 a distance of 5I4.40 feet to the northwest corner; thence
S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66
feet to a point in an existing fence; thence leaving said northerly line S I 0°53'01 "E along
said existing fence a distance of 541.23; thence continuing along said existing fence
N89° 15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said
■111 h11/111 GiMAtinl+ l!+ariel6 hilif i 0411111
Reception#: 828747
12f2 of 1212 Reo2Fee.$66.00 2 PM Doc Fan elberico
e:0.00 GARFIELD COUNTY CO
1111 KIIA1d141411.1iii14:NATItIng1iNdrilWYl, 11 11 1
Reception#: 876835
05/05(2016 03:01:32 PM Jean fllberico
8 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Section 4; thence leaving said existing fence N00°13'22"W along said north -south
centerline a distance of 1.04 feet to a point on the northerly line of that property described
in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence
leaving said north -south centerline S89°46'50"E along said northerly line a distance of
1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less.
County of Garfield
State of Colorado
AND EXCEPTING THEREFROM Parcel C on Zoning Comparison Map
A Parcel of land situated in the SW 1/4S W1/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor
Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section
34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly
line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the
SWI/4S W I/4 of said Section 34; thence N 89°02'17" E along said Northerly Line a
distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S
02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34
and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence
S 88°] 0'28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to
the Point of Beginning; said Parcel containing 10.008 acres, more or less.
County of Garfield
State of Colorado