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The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net November 1, 2018 Mr. Patrick Waller, Planner Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications Dear Mr. Waller: Enclosed are the November 1, 2018 Flying M Ranch resubmittal of the Planned Unit Development and Major Subdivision Preliminary Plan Applications per the requirements identified in the associated Pre-Application Conference Summaries. Refinements have been made to the Applications to address the request for additional materials as stated in the September 17, 2018 letter from your office. A response has been provided below with an explanation of each item identified in your letter. The following revisions/additional materials are provided: Legal Review: 1. Both RFTA and Blue Heron have different mailing addresses listed with the Assessor’s Office. Please update those addresses using County Records available through the Land Explorer tool. These addresses have been updated as part of the Applications. 2. Mr. Macgregor needs to sign the applications as the manager of Eastbank LLC rather than as an individual Mr. Macgregor has signed the Applications as the Manager of Eastbank LLC. 3. Please explain how the minerals were researched in compliance with Section 4-101.(E).4. An explanation of mineral interest research has been included in the Applications. The Land Studio, Inc. 2 Water and Wastewater: 4. The application mentions a will serve letter from Roaring Fork Water and Sanitation District, but the letter is not provided in the application. Please provide a letter that meets Section 4-203 (M) of the LUDC. A “Can and Will Serve” letter from RFW&S District has been included in the Engineering Report. PUD Plan Map: 5. 6-302(A)(1)(e): Please include a statement regarding the phasing and timing for the proposed development including the start and completion date of construction of each phase. A Phasing Plan Letter has been included as an Exhibit to the Applications. 6. PUD submittals require a Development Agreement. Please either provide a development agreement, or a waiver request with a statement regarding how future development will be in compliance with applicable code sections. A Development Agreement has been included as an Exhibit to the Applications. 7. The vicinity map for the PUD Plan Map includes the school district site. Please update this to include only Flying M Ranch property. The vicinity map has been revised in the Engineering Plans. PUD Plan Guide: 8. The submitted PUD Guide in Zone District 2 provides Development Standards for multiple use types. However, not all uses approved for that zone district are identified with Development Standards. Please update the PUD guide to provide Development Standards for all use types. The PUD Guide has been updated to include additional Development Standards to address all proposed uses for each zone district. 9. 6-302(A)(4)(c): Please include “Signage standards such as height, lighting, placement, and quantity, as applicable.” Please provide the signage standards this this development within the PUD Guide. The PUD Guide has been updated to include signage standards. 10. Please include a written response to Sections 6-302(A)(1) and (2) The Land Studio, Inc. 3 of the LUDC. A written response to Sections 6-302(A)(1) and (2) have been included in the PUD Application. Lot Lines: 11. The LUDC requires that no lot shall be divided by municipal boundaries, County roads, or public rights-of-way (Section 7-402 D), however it appears that the submittal does not meet this requirement. Please either update the submittal or provide a Waiver Request pursuant to Section 4-118 of the LUDC. A Waiver Request from Section 7-402(D) has been included in the Applications. 12. It is unclear from the Preliminary Plat how lots A1-4 will be accessing the County Road. Please provide a statement regarding this access and update the Preliminary Plat to show any easement that is in place. The Declaration of Ingress and Egress Easement and Maintenance Agreement between Eastbank LLC and KW Glenwood Springs, LLC is included as an Exhibit to the Engineering Report. School Impact Fee: 13. Please provide a calculation of the school impact fee according to Section 7-404. A Waiver Request from section 7-404 has been included in the Application. Transportation: 14. Section 6-401(E) requires the PUD to provide safe, convenient and adequate circulation system designed to accommodate emergency vehicles and other vehicular, pedestrian, and bicycle traffic. Section 7-306 requires multi-modal connections such as trails or sidewalks where links to schools, shopping areas, parks, trails, greenbelts and other public facilities are feasible. Please address your plan for bike and pedestrian circulation along and across Flying M Road, both access roads, as well as to and from Rio Grande Trail and respond more specifically to Section 7-306. Pedestrian and Bike circulation have been addressed in section 7-306. 15. The project will generate significant traffic on County Road 154 and near the Rio Grande Trail Crossing. Please provide additional information on plans to address safety at the crossing. This was also considered during the Sketch Plan process. The Land Studio, Inc. 4 The crossing of County Road 154 and the Rio Grande Trail has been addressed in section 7-306. 16. Please supply a draft of the referenced “joint use agreement” with RE-1 for access road maintenance. See Easement Deed and Agreement for Access Road and Utilities included as an Exhibit to this Application. 17. The application represents that if a future access becomes available off of the Lower Access Road the current Upper Access Road will be blocked. Please provide additional information on how this will be achieved. This has been addressed in the Engineering Impact Analysis Report. 18. The traffic study provided from Felsburg, Holt, and Ullevig indicated that a CDOT access permit would be required. However, the impact analysis provided from High County Engineering indicated that a CDOT access permit would not be required. Please address this discrepancy. This has been addressed in the Traffic Assessment and in The Engineering Impact Analysis Report. 19. Section 4-203 (L)(3)(d) requires consultation with CDOT if the traffic at a State highway intersection is represented to be greater than 20%. The submitted traffic report indicates that traffic at the intersection of CR 154 and SH 82 will exceed 20%. Please provide documentation of the consultation. Additionally, please provide a copy of an application submitted to CDOT for the access permit. This has been addressed in The Traffic Assessment and in The Engineering Impact Analysis Report. 20. Please provide a statement from a Professional Engineer indicating that the road system as proposed meets County requirements from Section 7-107 for the maximum traffic anticipated for each parcel. This should include a representation of the existing road in place for Lot A1-4 from the County Road. Additionally, please ensure that all roads meet requirements in Section 7-302 (N). This has been addressed in the Engineering Impact Analysis Report. 21. Please provide a specific statement detailing how the proposal is in compliance with Section 7-107 of the LUDC that prohibits Dead-end Streets as discussed during the sketch plan review. Alternatively, a waiver may be requested from this section. The Land Studio, Inc. 5 A Waiver Request from section 7-404 has been included in the Applications. 22. It appears that the 1,800 square foot Neighborhood Community Center or Accessory Use was not included in the Traffic Study. Please either update the study, or provide an explanation as to why it was not included. The Neighborhood Community Center traffic has been addressed in section 7-107 of the Applications. Amended Final Plat: 23. The application included an Amended Final Plat plan, however, no Amended Final Plat application has been received. Please provide a statement detailing how the Amended Final Plat fits into the development plan. An explanation of the Amended Final Plat has been included in the Project Description, 4-203.B. Preliminary Plan Map: 24. Please provide the Site data as required in Section 5-402(D) (3). See Sheet 2 of 2 in the PUD Plan Maps. Other: 25. Section 7-301(B)(3) requires hours of operation to be established to minimize impacts to adjacent land use. Please provide proposed hours of operation. Hours of operation have been addressed in section 7- 103.B.3. of the Applications. 26. A Landscape Plan that meets the requirements in Section 4-203 (F) is a required submittal item for the Preliminary Plan application. Please either provide that document or a waiver request. A Landscape Plan and Weed Management Plan have been included in text form on page C0-01 included as an Exhibit to the Applications. 27. Please provide a weed management plan for the site. Additionally, please provide a calculation for the total area to be disturbed, in acres. This will allow the Vegetation Manager to determine if a revegetation security is necessary. A Landscape Plan and Weed Management Plan have been included in text form on page C0-01 included as an Exhibit to this Application. The Land Studio, Inc. 6 28. The application indicates that, “On site ditches are historic lateral conveyances and generally subject to relocation.” The LUDC (7- 201) requires that referrals are sent to Ditch Owners if the application may affect or impact a ditch right-of-way. Please provide a statement addressing whether or not there are any ditch owners that need to be notified. If there are, please provide a mailing address. Ditch Owners have been addressed in section 7-201 of the Preliminary Plan Application. 29. The Sketch Plan process discussed access to the river, however it is unclear from the application what, if any, river access is proposed. One of the engineering documents shows a footpath to the river, but it appears that it is not discussed in the remainder application. Please provide additional details regarding this item. River access has been addressed in section 7-306, Trail and Walkway Standards in the Applications. 30. While not required, staff recommends that the applicant respond specifically to Sketch Plan comments from the Planning Commission. The Applicant feels the resubmittal of the Flying M Ranch Preliminary Plan and PUD Applications has addressed the issues discussed by the Planning Commission at the February 14, 2018 Planning Commission meeting. The contents of this package include three bound copies of the 8.5” x 11” Applications with 11” x 17” Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan maps bound separately, as well as a Flash Drive containing a digital copy of these documents. We look forward to continued efforts with you, Garfield County Community Development, the Garfield County Planning Commission, and the Garfield County Board of County Commissioners regarding this project. Best regards, THE LAND STUDIO, INC. By: Douglas J. Pratte 1 Garfield County, Colorado Parcels 218535415002 and 218535315003 Major Subdivision Preliminary Plan Application Prepared Nov1, 2018 for: Dunrene Group Contact: Robert Macgregor 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 970.925.9046 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 2 Major Subdivision Preliminary Plan Application Table of Contents Application Team ........................................................................................................................ 4 4-203. General Submittal Requirements .................................................................................. 5 Pre-Application Conference Summary ..................................................................................... 5 Application Form ...................................................................................................................... 11 Fee Agreement .......................................................................................................................... 13 Statements of Authority ........................................................................................................... 15 Letters of Authorization ........................................................................................................... 17 Waiver Requests ....................................................................................................................... 19 4-203.B.2 - Ownership Information ......................................................................................... 23 4-203.B.3 - Adjacent Property Owners .................................................................................... 23 4-203.B.3 - Mineral Owners and Lessees ............................................................................... 23 4-203.B - Project Description ................................................................................................... 25 Existing Conditions Photos ..................................................................................................... 26 4-203.C - Vicinity Map ............................................................................................................... 32 4-203.D - Site Plan ..................................................................................................................... 34 4-203.E - Grading and Drainage Plan ...................................................................................... 34 4-203.F - Landscape Plan ......................................................................................................... 34 4-203.G - Impact Analysis ........................................................................................................ 34 4-203.H - Rezoning Justification Report ................................................................................. 34 4-203.K - Improvements Agreement ....................................................................................... 34 4-203.L - Traffic Study .............................................................................................................. 34 4-203.M - Water Supply and Distribution Plan ....................................................................... 34 4-203. N - Wastewater Management and System Plan .......................................................... 34 5-402. D - Preliminary Plan Map .............................................................................................. 35 5-402.G - Open Space Plan Map .............................................................................................. 35 5-402. H - Visual Analysis ........................................................................................................ 35 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 3 5-402.I - Covenants ................................................................................................................... 38 Division1. General Approval Standards ................................................................................ 38 7-101. Zone District Use Regulations .................................................................................... 38 7-102. Comprehensive Plan and Intergovernmental ............................................................. 38 7-103. Compatibility ............................................................................................................... 38 7-104. Source of Water .......................................................................................................... 38 7-105. Central Water Distribution and Wastewater Systems ................................................. 38 7-106. Public Utilities ............................................................................................................. 39 7-107. Access and Roadways ............................................................................................... 39 7-108. Use of Land Subject to natural Hazards ..................................................................... 39 7-109. Fire Protection ............................................................................................................ 39 Division 2. General Resource Protection Standards ............................................................ 40 7-201. Agricultural Lands ....................................................................................................... 40 7-202. Wildlife Habitat Areas ................................................................................................. 40 7-203. Protection of Waterbodies .......................................................................................... 41 7-204. Drainage and Erosion ................................................................................................. 41 7-205. Environmental Quality ................................................................................................. 41 7-206. Wildfire Hazards ......................................................................................................... 41 7-207. Natural and Geologic Hazards .................................................................................... 41 7-208. Reclamation ................................................................................................................ 41 Division 3 Site Planning and Development Standards ........................................................ 42 7-301. Compatible Design ..................................................................................................... 42 7-302. Off-Street Parking and Loading Standards ................................................................. 42 7-303. Landscape Standards ................................................................................................. 42 7-305. Snow Storage Standards ............................................................................................ 43 7-306. Trail and Walkway Standards ..................................................................................... 43 Division 4 Subdivision Standards and Design Specifications ............................................ 43 7-401. General Subdivision Standards .................................................................................. 43 7-402. Subdivision Lots ........................................................................................................... 43 7-403. Survey Monuments ..................................................................................................... 44 7-404. School Land Dedication .............................................................................................. 44 7-405. Road Impact Fees ...................................................................................................... 44 Comprehensive Plan & Intergovernmental Agreements ...................................................... 44 Exhibits ...................................................................................................................................... 45 A Title Commitment – Lot 2 & Lot 3 B Balcomb & Green Conformance to Comprehensive Plan Report C High Country Engineering Impact Analysis and Utility Report D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property F Development Agreement and Subdivision Improvements Agreement H Rezoning Justification Report I Master Declaration for The Flying M Ranch P.U.D. J Easement Deed and Agreement for Access Road and Utilities K Geotechnical Engineering Study L Design Guidelines M Planned Unit Development Guide N Safe Routes to Schools Map O High Country Engineering Preliminary Plan/P.U.D. Map Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 4 Application Team Applicant Dunrene Group Contact: Robert Macgregor 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 970.925.9046 Land Owner Eastbank, LLC Contact: Robert Macgregor 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 970.925.9046 Legal Counsel Balcomb & Green, P.C. Contact: Chad Lee 818 Colorado Ave Glenwood Springs, CO 81602 970.945.6546 Civil Engineering/Survey High Country Engineering, Inc. Contact: Roger Neal 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 Land Planning The Land Studio, Inc. Contact: Doug Pratte 365 River Bend Way Glenwood Springs, Colorado 81601 970.927.3690 Traffic Engineering Felsburg Holt & Ullevig Contact: Christopher J. Fasching 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 (303) 721-1440 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 5 4-203. General Submittal Requirements Pre-Application Conference Summary Garfield County Community Development Department 1OB 8th Street, Suite 401 Glenwood Springs, CO 81601 (s7ole4s-8212 www.earfiel -countv.co m PRE.APPLICATION CONFERENCE SUMMARY TAX PARCET NUMBER: 218535315003, 218535415002 DATE: April 25,20L8 PROJECT: Eastbank PUD OWNERS/APPLICANT: Eastbank LLC REPRESENTATTVE: Robert McGregor and Chad Lee, Balcomb and Green PRACTTCAL LOCATION: Eastbank Minor Subdivision, Lots 2 and 3 - Approximately 2.5 miles south of the City of Glenwood Springs ZONING: RuraI TYPE OF APPLICATION: Major Subdivision COMPREHENSIVE PIAN: City of Glenwood Springs Urban Growth Area I. GENERAT PROJECT DESCRIPTION The applicant is requesting to create a Major Subdivision of I0-I4lots from Lots 2 and 3 of the Eastbank Minor Subdivision. Access to the PUD is proposed to be shared with the Riverview School off County Road L54 just southeast of the intersection with the RFTA Rio Grande Trail. With the development of the Riverview School, the development is anticipated to be served by Roaring Fork Water and Sanitation District (RFWSD) water and wastewater lines. While the exact development to take place within the subdivision and PUD has not yet been finalized, from representations made at the Sketch Plan review conducted by Staff and Planning Commission (See attached Sketch Plan Comments), the range of development consists of hospice and assisted living facilities, a rental tiny home community, three condo buildings, and patio / independent living homes. Each of the represented uses are anticipated to be on their own parcel which is contemplated to correspond with the relevant zone district within the PUD. As a result, this Major Subdivision application is anticipated to be accompanied by a PUD application to create the necessary zone Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 6 districts. lt is anticipated that this Major Subdivision application and the PUD application would be processed concu rrently. Regarding access, it is understood that the right of way easements for the Riverview School, which would also be the primary access for the proposed development, have not yet been finalized. The applicantwill need to demonstrate legal accessto each of the parcelsthat would be created bythe subdivision and each development area within the PUD. The charactoristics of these internal roads will be evaluated to the highest traffic impact use as identified within the PUD. Further, the access points onto CR 154 and Highway 82 will need to be evaluated for necessary upgrades based on the traffic impact study. As noted in the Sketch Plan comments, the length of the access road (greater than 600 feet) will need to be addressed with this application. Regarding affordable housing requirements as outlined in Article 8 of the LUDC, these are applicable to any subdivision proposing L5 or more lots. As this development is understood to only be creating t}-14lots, these standards are not applicable. ln addition, should the condominium buildings be processed as a Common lnterest Community Subdivision, as represented and as interpreted at the time of this Pre-Application Conference Summary, Article 8 is not applicable to this type of subdivision as it wound not create L5 or more Lots as defined in the LUDC. Should the Preliminary Plan create 15 or more Lots, however, than an Affordable Housing Plan will need to be submitted for review and a execution by the Board of County Commissioners. The uses identified within each of the PUD zone districts and subdivision will need to be analyzed to their most impactful extent for traffic, water, and wastewater, as well as the review standards identified in Division 7, Sections L-4. Subject Parcels 2 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 7 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS o Garfield County Comprehensive Plan 2030 o Garfield County Land Use and Development Code, as amended o Section 4-tOL- Common Review Procedures o Section 5-302 - Major Subdivision ¡ Section 5-402 - Submittal Requirements . Applicable provisions from Article 7, Standards (Article 7, Divisions L-4) ilr. PROCESS As a Major Subdivision, the application will be required to be heard in a public hearing with the Planning Commission and the Board of County Commissioners. While the Planning Commission is a recommending body to the Board, the Board of County Commissioners will make the final determination of approval, denial, or approval with conditions. Notice for both the Planning Commission and the Board of County Commissioner is a minimum of 30 days prior to the hearing date. Notice must be sent to adjacent property owners, mineral owners, the property must be posted, and a legal ad must run in the Rifle Citizen Telegram. For details on the process, please see the relevant code sections identified within Table 6-20L. A flow chart ofthe process has also been attached for reference' J R¡qú:dllotie lddlioîC ntqs¡mna¡ ¡t I ¡I I Þ5-202 Púåc"Csrtr Ro¡d 9plÌt Êocc¡lsEl L¡¡d ù4Êloprunl ¡ln ledSMrl5.103 I I I I i I PCI I BOCCIgI PC I I i I ã-243 5-30t 5-302,8_ RuËl L¡Dd Developmcil (6øtr Itintr gubdiui3ion gt€td¡ PlI {O$ion¡l} I I i I Afl lþÉsf n.airbiùdl PC ¡rd SÐf,C, fl rF6oÍndabbû FC td E(¡cÆlrctsôccPtd¡mb¡ryPþt5{r¿c. BOCCI I I I IIITIII5-302-O. 5-303,8. l¡nal Pl3rf Pl¡l S*et$ Plä (Opl-þnåll PC5-3{13_C.YiCd Plân PC BOCC AI typ.r of nd:ú.frr¡dl PiGtrd BOCC.5-3f¡3.O.Frrl¡ni¡ry Plrn TIIIIIBO€C I5-303.E, 5-304 F¡nðl Pl¡n/Pl¡t ArnHrdÊd Pîån:rty Pl¡n I D5-305 ,{m:ídåd î¡nel Plat D PJ lûniú¡brùsc Rs¡rt Sslin +lG¡.5-3{¡6 Cmffi l¡tsE3t CmllM¡[r BOCCvæùng a itn¡l SumPtg g s¡¡bdiuis¡m Effiðdil Pl¡t5¡07 f¿ble 5-lû3: Cmmon Rav¡tr PrÐedur6 ald Requlred llotiæ Cod{orRtrierPr*+dæ¿-lÛt- A B C t E F o ¡. nË ! f ååãfriËËi & cI åt Mær s{ödieÉiff Itlraõr S¡-tdM4rm GHI fu*streñt5, ReSubdMsns Plåt Væbm BOçC Sord ct çü¡ty CsmEssH B DiÞ<*or Pç Ptilniñg CffimÈsis Êxmpt¡æs Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 8 lf an approval or a conditional approval is issued then the Applicant will be required to proceed to Final Plat to finalize all the required paperwork. A pre-application conference will be required at that time to discuss the requirements of that process. VI. SUBMITTAL REQUIREMENTS As a Major Subdivision, Table 5-40L outlines the submittal requirements for Preliminary Plan. ln addition, the application will need to include documentation to address all required review criteria and development standards. The application should also include documentation, support, and discussion of the topics identified during the Sketch Plan review. Please refer directty to Table 5-401 and the list of General Application Materials in section 4-203 f or the full description of this information: L. General application materials a. Detailed project descriPtion b. Application form and fee c. Agreement to PaY form d. Copy of Deed or Title Commitment as proof of ownership e. Names and mailing addresses of mineral owners of the subject property 4 Dêmonslrålion of æÊt5. wsts and :erer.,-Zt2 lPub'liclcounty Road Split T T I T T I ; T T T T I I i I TI I T I T ; T I T T T T T I T t T ; T Pßlininary Ênginêering npods end phns: A.t1 aad A,I,C.Ð,EII ¡ T Land Deve¡opffit Subdilision P1ffi Þ¡dim¡nrry êm¡nehg EDorl3 md pl¡Ë: À B, C-I t t (Yt (Þ302.c lFro¡rÈì!ryPlm i { T I ;T T I T ;I i Eflg¡Dsiâg nportl planr: A" A, C, t], E, F" G- T T I T I T T I IPlån/Plsl Pl,¿n 5-3oa.c. lYieto Ptan Pre¡¡m¡Ã¡ry eng¡neering npøtr æd plans: å-, 8,. Cs'3frc.o lPreriminâry Plal Êrqinsim reErts and Dlúe: A. I, C, D, E. F. G-$.303.E lF¡nål PlåniPlar i . ã FF å å'* g'gååËsååi Ë iår så¡ å Table 5i01 : Application Submittâl Requirements Sect¡on 8-201 AÞpl¡cst¡on Typ€Writtefl ilrrratavelAdditior¡al Subßiss¡r5fl * Mno¡ Subdivisff ftiåjm Subúvi:bn$ Conseils!¡oB Subdivitim Êxspl¡ons TT set;on ¿t-21I3 Seetion 5{02 S C D E F GH J K L fg}¡ B C D E F G H I Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 9 f. Names and mailing addresses of all owners of property within 200' of the subject property g. Assessor map indicating location of the above properties h. Copy of this pre-application form 2. Vicinity Map (a-203 C) 3. Grading and Drainage Plan (4-203 E) 4. Landscape Plan (4-203 F) 5. lmpact Analysis (4-203 G) 6. lmprovements Agreement (4-203 K) 7. Traffic study (4-203 L) 8. Water Supply and Distribution Plan (4-203 M) 9. Wastewater Management Plan (4-203 N) 10. Preliminary Plan map (5-402 D) L1, Open Space Plan Map (5-402 G) 12. VisualAnalysis (5-402 H) 13. Covenants - CCR's (5-402 l) L4. Response to Standards in Article 7, Divisions 1.,2, and 3, and 4 - including demonstration of legal and physical water, adequate wastewater disposal. Legal and physical access, adequate parking, etc. Submit three paper copies and one digital copy of the application. Additional copies will be requested upon determination of completeness, if necessary. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by:Stafffor completeness recommendation and referral agencies for additional technical review b. Public Hearing:None (Director's Decision) _X_Planning Commission X Board of County Commissioners _ Board of Adjustment May include Garfield County Road and Bridge, Fire Protection District, City of Glenwood Springs, Roaring Fork Water and Sanitation District, 5 Application Submittal 3 Hard Copies 1 Dig¡tal PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre-application conference summary lor the submittal requirements that are appropriate for your application: . GeneralApplicationMðterials. Vic¡nity Map. S¡te Plan. Grading and Drainage Plarr ' Landscape Plan. lmpôct Anålysis. Traffic Study. Water SupplylD¡stribulion Plan. Wastewater Management Plan. Article 7 Stândards c. ReferralAgencies: Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 10 Colorado Department of Transportation, Garfield County Vegetation Management, Roaring Fork Conservancy, and Garfield County Designated Engineer. V. APPLICATION REVIEW FEES a. Planning Review Fees: S 675.00 Preliminary Plan ($325 Sketch Plan) b. Referral Agency Fees: S gSO for CGS Review & consulting engineer/civil engineer fees c. Total Deposit:S szs (additional hours are billed at 540.50 /hour) and SgsO.oo for CGS (Separate Checks) Disclaimer The pre-application meeting summary is only valid for six (6) months from the date of the written summary. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summarv Prepared bv: April 25,2018 David Pesnichak, AICP, Senior Planner Date 6 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 11 Application Form Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ ■ Eastbank, LLC 970 925-9046 710 E. Durant Avenue, W-6 Aspen CO 81611 aellis@dunrene.com Chad J. Lee, Esq.970 945-6546 Balcomb & Green, P.C., 818 Colorado Avenue Glenwood Springs CO 81601 clee@balcombgreen.com Eastbank PUD 2185 353/354 15 003/002 Approximately 2.5 miles south of Glenwood Springs Lots 2 and 3, Eastbank, LLC Minor Subdivision, according to the Plat thereof recorded September 8, 2015 at Reception No. 867716 Rural Lot 2-16.983 acres/Lot 3-16.944 acres Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 12 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 13 Fee Agreement Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 14 sEcTloN 2-01. GountY Project Name Name Address CGS SUBÍTNTAL FORÍÙ| FOR LAND-IISE REVIEìÍVS, COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS Date Ph. t{o. Fax APPLICANT (or Applicant's Authorized Repreaentative rcsponsible fo¡ paying GGS'review fee) l4 l2,or 14 11 - Sectlonlsl Townshlp- Rsnce Dcc Let - Lons FEE SCHEDULE (effective June 1, 2009) Reviews lor Countles Srnallsubdivision (> 3 dwellings and < 100 acres) ' Large Subdívision þ 100 acres and < 500 acres) ' Very Large Subdivision (500 acres or more) Very small residential subdivisíons (1-3 dwellings and < 100 acres) Revìews for MunicÍPalltles ' . of reviewer SPecial Reviews .At houdy r,te of reviewerSchool Site Reviews $950 $1,550 . $2,500 .$600 .At houfly rate '""'$855 CGS LAND USE REVIEWS Geolqgical studies are required by Colorado counties for all subdivisions of unincorporated land into parcelã of hss than 35 acrãs, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 3t 7972).Some bobrado municipalities require geological studies for sub- division of incorporated land. In addition,local governments *" "*po*urôd to iegulate !¡velgRmentacti-vities in hazardous or mineral-resource areas inder C.n.S. 24-65.7:707 et seq. (Hõuse Bill L041,1974) and C.R.S. 34-1-301 et seq' (HouseBill1529'1973)' respectively. Local-government agencies zubmit proposed subdivision applicatioru and supporting ùechnical reporb to the C jorado Geotofrcal Survey ", ..for evaluation of those geologic factors which would have significant impact on the propo"sed use of 'the land," in accordance with state statutes. The CGS reviews the submitted d.ocuments anã serrr"s as a technical advisor to local-govemmentplanning agencies during the planning pì*"rr. Since 19&t, the CGS has been required by law to cove¡ the full direct cost of performing such reviews. The adequate knowledge of a site's geology is essential for any development project' It is needed at the start of the project in order to plarç ãesign, andconstruct a safe development. Proper plaruring for geological conditions can heþ developers and future owners/users reduce u¡necessary maintenance and/or repair costs I Garfield County Text August 8, 2018 Flying M Ranch PUD and Preliminary Plan Eastbank, LLC 710 E. Durant Avenue, W-6, Aspen, CO. 81611 (970) 925-9046 35 S 1/2 6 South 89 West Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 15 Statements of Authority Reception#:813404 01/19/201201:47:00PM JeanAlberico 1 of 1 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO Statement of Authority (C.R.S.38-30-172) 1.This Statement of Authorityrelatesto an entitylnamed:EASTBANK,LLC 2.The type of entityisa: 0 Corporation O Registeredlimitedliabilitypartnership O Non-profitCorporation 0 Registeredlimitedliabilitylimitedpartnership 121 Limitedliabilitycompany 0 Limitedpartnershipassociation 0 Generalpartnership O Government or governmental subdivisionor 0 Limitedpartnership agency 3.The entityisformed under the laws of State of Colorado. 4.The mailing address of the entityis:710 East Durant Avenue,Unit W-6,Aspen, Colorado 81611. 5.The U name and 2 positionof each person authorizedto execute instruments conveying,encumbering,or otherwiseaffectingtitleto realpropertyon behalfof the entityis:Robert Duncan Macgregor,President of Dunrene Management,Inc.,a Colorado corporation,Manager of Eastbank,LLC. 6.2The authorityof the foregoing person(s)to bind the entityis 9 not limitedCl limitedas follows:N/A 7.Other matters concerning the manner in which the entitydeals with interestsin real property:N/A 8.3This Statement of Authority is executed on behalf of the entitypursuant to the provisionsof C.R.S.(38-30-172. 9.This Statement of Authority amends and supercedes in all respects any prior Statementof Authorityexecuted on behalfof the ent . Executed this12m day of January 2012. By: olfertDuncan Macgregor STATE OF COLORADO ) COUNTY O ss The foregoinginstrumentwas acknowledged beforeme this12 day of January 2012 by Robert Duncan Macgregor,President of Dunrene Management,Inc.,a Colorado corporation,Manager of Eastbank,LLC,a Colorado limitedliabilitycompany. Witness my hand and officialseal. My Commission expires:4/18 /),al 5 AUDREY ELLIS /;NOTARY PUBLIC 0 STATE OF COLORADO Notary'tiblic y issiodExoires07/23/2015 'Thisform shouldnotbe used unlesstheentityiscapableofholdingtitletorealproperty.2 The absence ofany limitationshallbe prima facieevidencethatno such limitationexists. a The statementofauthoritymust be recordedtoobtainthebenefitsofthestatute. Strikeifnotapplicable,a r 6 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 16 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 17 Letters of Authorization Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 18 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 19 Waiver Requests Civil Engineering Land Surveying An Employee-Owned Company October 31, 2018 Patrick Waller, Planner Garfield County Building & Planning Department 108 8th St. Suite 401 Glenwood Springs, CO 81601 RE: Flying M Ranch – PUD and Preliminary Plan Application – Eastbank, LLC – Garfield County File Numbers SPAA-08-18-8675, PUDA-08-18-8676 Engineer’s Technical Explanation of the Waiver Requests 4-118 Waiver of Standards A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Roadway Standards Table 7-107 of the Garfield County Land Use Code establishes roadway standards for roads based on design capacity in Average Daily Traffic (ADT). These waivers are to represent what road standard waivers are required for lots A1-4 to access County Road 154. The main subdivision road, Flying M Ranch, intersects directly with County Road 154. This road is within a 60’ access and utility easement. This road provides an access way for lots A1- 4 within Flying M Ranch Planned Unit Development (PUD). The access way runs through a parking lot aisle 30’ in width that loops around the existing Equine Center to an aisle 24’ in width back to Flying M Ranch Road. This access way also continues north up to a shared ingress and egress access way easement (Reception No. 867041) located on FedEx and is between 43’-57’ in width. The shared access way intersects with County Road 154 and is approximately 30’ in width. This access way for lots A1-4 would fit the “rural access” classification per the Garfield County Land Use Code, according the 181 ADT provided in the FHU Traffic Impact Assessment. This ADT was based on the assumption of constructing a general office building, mini-warehouse and multifamily housing. 1517 Blake avenue, suite 101 Glenwood Springs, CO 81601 970-945-8676 • phone 970-945-2555 • fax www.hceng.com Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 20 The access way through lots A1-4 from Flying M Ranch Road to the shared ingress and egress access way on FedEx requires a design waiver in a number of categories assuming the rural access classification with Table 7-107. The existing access way does not have a minimum 50’ ROW width or 2’ wide shoulders due to the parking lot and existing structures. Ditches are not realistic throughout portions of the access way but lots A1-4 have agreed to detain their own drainage. The horizontal radius at the shared access way with FedEx is approximately 10’ radius. The design standard is to allow for a minimum radius of 80’. The internal road is effectively an intersection with the FedEx road and we have added a stop sign at this location. Sincerely, Roger Neal, P.E. Project Manager HIGH COUNTRY ENGINEERING, INC. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 21 The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net October 29, 2018 Mr. Patrick Waller Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Flying M Ranch PUD and Major Subdivision Preliminary Plan Applications Dear Patrick, Please consider the Applicant’s request for a waiver from Section 7-402(D) to the extent necessary to effectuate the Applicant’s Flying M Ranch PUD and Subdivision Preliminary Plan site plan. 4-118 Waiver of Standards C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. In this case, providing a waiver to 7-402(D) allows the Applicant to develop roads in conformance with the natural terrain, which will reduce the site impacts of road construction and allow Applicant to develop secondary and emergency access, which achieves the intent of the subject standard better than the standard itself. It also allows the roads to be internal to the development, rather than abutting neighboring property, thereby imposing no greater impacts on adjacent properties. The Flying M Ranch PUD proposes various access and utility easements, some of which traverse across several parcels for practical reasons, rather than skirt the boundaries of each parcel. Section 7-402(D) of the Code (“Lot Division by Boundaries, Roads, or Easements Prohibited”) states “No lots shall be divided by municipal boundaries, County roads or public rights-of-way.” This section appears to prohibit an easement traversing across a lot, even if the policy behind it is unclear. Given the unique topography, site conditions, and shape of this property, including the layout of the parcels on the site plan, the Applicant is required to locate several easements across several parcels in order to meet the access requirements of the Code, including the emergency access requirements. Sincerely, THE LAND STUDIO, INC By: _____________________________ Douglas J. Pratte Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 22 The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net October 29, 2018 Mr. Patrick Waller Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Flying M Ranch PUD and Major Subdivision Preliminary Plan Applications Dear Patrick, Please consider the Applicant’s request for a waiver from Section 7-404, School Land Dedication/Fee-in-Lieu obligations to the extent necessary to effectuate the Applicant’s Flying M Ranch PUD and Subdivision Preliminary Plan site plan. 4-118 Waiver of Standards C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. The applicant, Eastbank, LLC, pursuant to pre-existing contractual agreements between itself and the RE-1 Roaring Fork School District (“RE-1”), including that certain Memorandum of Understanding dated July 23, 2015 (“MOU”), has granted certain land areas for necessary access and utilities infrastructure easements to RE-1; and pursuant to certain License Agreements and pending perpetual grants of record Easement, permitted RE-1 to construct such infrastructure, required for development of the Riverview K-8 school facility over Eastbank property. As set forth by the aforementioned MOU, as well as related agreements and the pending Easement instruments, Eastbank and RE-1 are obligated to establish a credit to Eastbank for the acreage consumed and provided to RE-1 and to the Roaring Fork Water & Sanitation District (“RFW&SD”) at RE-1’s request. Eastbank has elected to accept, in exchange for the RE-1/RFW&SD land interests conveyed, a credit against any otherwise applicable Garfield County Development Code “School Land Dedication” or “fee-in-lieu” obligations as set forth under Code Section 7-404. The applicable land area credit is approximately 2.547 acres (sufficient to off-set the development of approximately 36 single family residential units and 122 multi-family residential units). In the event of additional residential unit development, exceeding existing land credit figures, Eastbank shall either (i) remit the applicable fee-in-lieu upon construction or (ii) submit documentation to Garfield County exhibiting any supplemental “land credit” commitments between itself and RE-1 (as a result of certain efforts and negotiation at the time of the 2009 sale to RE-1 of its Parcel 1 real property, Eastbank agreed to increase the contract purchase acreage from approximately 32 acres to slightly in excess of 35 acres, without adjustment to the applicable purchase price; but with the acknowledgement that such additional acreage would be subject to future consideration). Additional supporting information regarding Section 7-404 credit and variance, waiver and exemption from School Land Dedication/Fee-in-Lieu obligations shall be presented by the applicant at the pending review hearing(s). Sincerely, THE LAND STUDIO, INC By: _____________________________ Douglas J. Pratte Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 23 4-203.B.2 - Ownership Information A Title Commitment is provided as an Exhibit to this Application 4-203.B.3 - Adjacent Property Owners Property Owners Within 200 Feet 2185-353-15-003 2185-354-15-002 Eastbank LLC 710 E. Durant Avenue, Unit W-6 Aspen, CO 81611 2185-353-00-060 Roaring Fork RE-1 School District 1521 Grand Avenue Glenwood Springs, CO 81601 2185-352-00-023 L & Y Jammaron Family LLLP 4915 Highway 82 Glenwood Springs, CO 81601-9622 2185-353-15-001 KW Glenwood Springs LLC P.O. Box 979 Telluride, CO 81435 2185-354-23-007 Blue Heron Properties LLC 430 Ironbridge Drive Glenwood Springs, CO 81601 2185-353-04-002 Robert Duncan MacGregor 710 East Durant Avenue, Unit W-6 Aspen, CO 81611 2185-354-00-017 James L. Rose P.O. Box 432 Rifle, CO 81650-0432 2185-354-00-059 Roaring Fork Transportation Authority 1340 Main Street Carbondale, CO 81623 2185-354-00-024 Shane & Bruce’s LLC 4185 County Road 154 Glenwood Springs, CO 81601 Colorado Department of Transportation 202 Centennial Drive Glenwood Springs, CO 81601 4-203.B.3 - Mineral Owners and Lessees Provided by Balcomb & Green, P.C. Eastbank, LLC 710 E. Durant Avenue, Unit W6 Aspen, CO 81611 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 24 ASPEN | BASALT | GLENWOOD SPRINGS | LAMAR Post Office Box 790 | Glenwood Springs, Colorado 81602 | 800.836.5928 | 970.945.6546 | BalcombGreen.com Chad J. Lee, Esq.* Telephone (970) 945-6546 clee@balcombgreen.com October 25, 2018 Mr. Patrick Waller, Planner Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Application for Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications Dear Pat: We are writing this letter to you in accordance to the Pre-Application Conference Summaries. The Garfield County Land Use and Development Code require an Applicant to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-101 “as such owners can be identified through records in the office of the Clerk and Recorder or Assessor, or through other means.” GCLUDC 4- 101(E)(4). Section 24-65.5-101 requires that an applicant notify a mineral estate owner who either (1) is identified as such by the county tax assessor’s records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do not identify any mineral estate owners, including their addresses of record, “the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations….” On October 17th we conducted the following tasks: 1. We researched the Garfield County Clerk and Recorder’s index of mineral owner requests for notification per C.R.S. § 24-65.5-101 and confirmed that no mineral owner for the subject property has filed a request for notification; 2. We reviewed a title commitment for the property and confirmed there are no mineral reservations listed in Schedule B(2); and 3. We spoke with Robin at the Garfield County Assessor’s office. The Assessor’s office noted two potential mineral owner accounts in the vicinity, though we cannot verify these entities actually own an interest in the mineral estate under the property subject to the Application. In any event, we suggest adding these parties to the noticed parties list out of an abundance of caution: George G. Vaught, Jr. Paul L. McCullis P.O. Box 13557 Denver, CO 80201-3557 Union Pacific c/o Property Tax 1400 Douglass, Stop 1640 Omaha, NE 68179-1640 This satisfies our obligations under Colorado law and the County’s Code. We look forward to working through this application with your office. Sincerely, BALCOMB & GREEN, P.C. By: /s/ Chad J. Lee, Esq. Chad J. Lee Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 25 4-203.B - Project Description The Flying M Ranch Major Subdivision Application is proposed for Lots 2 and 3 of the previously platted Eastbank, LLC Minor Subdivision. Lot 2 (Garfield County Parcel 218535415002) is approximately 16.983 acres in size and Lot 3 (Garfield County Parcel 218535315003) is approximately 16.927 acres in size. An Amended Final Plat for Lots 2 and 3 is provided by High Country Engineering in the Flying M Ranch Preliminary Plan/PUD Engineering Drawings. The Amended Final Plat is necessary to transfer land between Eastbank LLC and The Roaring Fork School District. The Applicant requests that recording of the Amended Final Plat be a condition of approval for this Application. The amended Lots 2 and 3 will be subdivided into 13 parcels, lots, or tracts via the Major Subdivision Application and review process. The Applicant has prepared a Planned Unit Development Application for submittal together with this Major Subdivision Preliminary Plan Application. This site is a portion of a former gravel quarry that was mined in the mid 1980’s through the mid 1990’s. This property is contiguous to an adjoining FedEx distribution facility and the new Roaring Fork School District PK-8 Riverview School. The Orrison Distribution Center and L & Y Jammaron Family LLLP property reside to the north, the Roaring Fork River, Structural Associates and Westbank Neighborhood reside to the south, Highway 82 and County Road 154 and the Rio Grande Trail reside to the east, and Eastbank Parcel 2 Lot Split Parcel 2B is located to the west. The property is accessed from Flying M Ranch Road and County Road 154 from a controlled access intersection at Colorado State Highway 82. The site can also be accessed by pedestrians and bikers from the Rio Grande Trail via County Road 154 and Flying M Ranch Road. The Applicant has provided a detailed traffic analysis to address County Road 154 and State Highway 82 access issues. The traffic analysis is attached as an Exhibit to this document. Proposed uses within the Flying M Ranch Subdivision include expansion of an existing business park, a diversity of residential housing types including eco-efficiency homes, residential lofts and patio homes, and opportunities for community service facilities including assisted living, independent senior living, and HomeCare & Hospice of the Valley. The attached Preliminary Plan Map includes layout illustrations for the proposed parcels and the uses proposed within them. The Flying M Ranch P.U.D. will establish the zoning for each of the Flying M Ranch parcels and the P.U.D. Guide will set forth the regulations and development standards for development within the parcels. The use restrictions, standards, and density are also set forth for each parcel in the P.U.D. Guide, which is attached as an Exhibit. Affordable housing requirements as outlined in Article 8 of the LUDC are applicable to any subdivision proposing 15 or more lots. As this 33.927 acre area will be subdivided into 13 parcels, lots, or tracts, these standards are not applicable. This project will however focus on a diversity of housing types including senior housing, employee accessory dwelling units in the business park, eco-efficiency attainable workforce housing, and residential lofts, patio homes, townhomes, and single family homes. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 26 Existing Conditions Photos Figure 1 - aerial view looking across Parcels A and B Figure 2 - aerial view looking west above Flying M Ranch Road Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 27 Figure 3 - aerial view above Parcel B/Business Park Figure 4 - aerial view of FedEx and Riverview School Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 28 Figure 5 - Highway 82 and CR 154 intersection looking southeast Figure 6 -Riverview School looking south Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 29 Figure 7 - aerial view above Parcel C looking northeast Figure 8 - Riverview School adjoining Parcels C, D, E, and F Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 30 Figure 9 - aerial view looking north to Parcels A and B Figure 10 – aerial view looking north at Parcels C, D, E, and F with Riverview School and FedEx Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 31 Figure 11 - aerial view looking east along Flying M Ranch Road Figure 12 - aerial view looking west along Flying M Ranch Road Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 32 4-203.C - Vicinity Map Garfield County Land Explorer County Garfield County, Golorado f. inch = 752 feet 1 inch = 0.14 miles 0 0.1 0.4 Mileso.2 Garf ield County Colorado ww.garf ield-county. comGarf¡eld County Colorado Garfield County Land Explorer Printed by Web User DIs.la¡mer This ¡s a compilatbn olrecords âs Sey appear ¡n the Garffeld øünty off¡cet âfledlnS the area shNn. lhis drâwing ¡! þ be used only lor releænce purposes ãnd the 6unty ß not respons¡ble for âny ¡nâeuracies heEin .onbined. O Copyright Garf¡eld County, Colorâdo I All Rights Reserved Pîinteù I7/7 l2OU at 12:03:39 PMa Lot 2 Eastbank , LLC Minor Subdivision Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 33 Garfield Gounty Land Explorer County Garfield Gounty, Golorado f. inch = 752 feet 1 inch = 0.14 miles 0 0.1 "+_. 0.4 Mileso.2 Garf ield County Colorado ww.târl¡eld-county.comGarfield County Co lorad o Garfield Gounty Land Explorer Printed by Web User D¡sclâimer This ¡s a mmp¡latbn ofrêcords as üey appear iñ the Garfiêld øunty ofi¿es affeding the åreâ shown. Th¡t drawing ls b b€ used only fd refercnce purposes and the 6uñty b nd responsibl€ fo. any inåccuracies heE¡n tonÞ¡ned @ copyr¡ght Garfield county, colorado I All Rights Reserved Pnnleù 11/7 12017 at 12:03:02 PM Lot 3 Eastbank , LLC Minor Subdivision Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 34 4-203.D - Site Plan See Proposed Site Improvements, Sheets C1-01 through C1-05 provided by High County Engineering, Inc. included as an Exhibit to this Application. 4-203.E - Grading and Drainage Plan See Proposed Grading Improvements, Sheets C2-01 through C2-05 provided by High County Engineering, Inc. included as an Exhibit to this Application. 4-203.F - Landscape Plan For landscape and revegetation plans and notes see Proposed Grading Improvements, Sheet C0-01 provided by High County Engineering, Inc. included as an Exhibit to this Application. 4-203.G - Impact Analysis An Impact Analysis/Utility Report has been provided by High Country Engineering, Inc. and is included as an Exhibit to this Application. 4-203.H - Rezoning Justification Report A Rezoning Justification Report has been provided by Balcomb and Green, P.C. and is included as an Exhibit to this Application. 4-203.K - Improvements Agreement A Subdivision Improvements Agreement has been provided by Balcomb and Green, P.C. and is included as an Exhibit to this Application. 4-203.L - Traffic Study Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is attached as an Exhibit. 4-203.M - Water Supply and Distribution Plan See Proposed Site Improvements, Sheets C1-01 through C1-05, and Sheet C7- 04 provided by High Country Engineering, Inc. included as an Exhibit to this Application. 4-203. N - Wastewater Management and System Plan See Proposed Sanitary Sewer Improvements, Sheets C4-01 through C4-06, and C7-03 provided by High Country Engineering, Inc. and included as an Exhibit to this Application Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 35 5-402. D - Preliminary Plan Map Preliminary Plan Maps have been prepared by High Country Engineering, Inc. and included as an Exhibit to this Application 5-402.G - Open Space Plan Map See P.U.D. Plan maps included as an Exhibit to this Application. 5-402. H - Visual Analysis The following Exhibits demonstrate the horizontal and vertical relationship of the Flying M Ranch project to the adjoining neighborhoods and roadways. Generally speaking, the project resides below Highway 82 and the Westbank neighborhood. While the Business Park parcel resides below Highway 82, it resides slightly above the Westbank neighbors and approximately 1,000’ away horizontally. The following summarizes some of the relationships illustrated in the Exhibits: Highway 82 to Zone 2 Horizontal Distance = 300’± Vertical Distance = 95’± to lower bench County Road 154 to Zone 2 Horizontal Distance = 400’± Vertical Distance = 43’± to lower bench River Ridge Drive to Zone 2 Horizontal Distance = 500’± Vertical Distance = 51’± to lower bench Westbank Rd. Cul de Sac to Zone 2 Horizontal Distance = 835’± Vertical Distance = 40’± to lower bench Westbank Rd. to Zone 3 Horizontal Distance = 900’± Vertical Distance 20’± lower to Zone 3 The point of this exercise is to demonstrate that the Flying M Ranch project resides approximately 500’ – 900’ from Westbank neighboring residences, and its elevation is below the neighbors except for the Business Park. For the most part, County Road 154 and Highway 82 travelers will look over the top of this project similar to the visibility of Riverview School. While the project will be visible from the neighboring properties and roadways, the horizontal distance and vertical elevation change will keep this project from blocking views. No ridgeline development is proposed within this Application. Lighting and architectural design will be controlled by the Flying M Ranch P.U.D. Guide and Design Guidelines, and the Garfield County Land Use and Development Code. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 36 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 37 Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 38 5-402.I - Covenants A Master Declaration for The Flying M Ranch Planned Unit Development has been addressed by Balcomb and Green, P.C. and is included as an Exhibit to this Application. Division1. General Approval Standards 7-101. Zone District Use Regulations The Flying M Ranch Subdivision property is currently zoned Rural in Garfield County. As the area surrounding this parcel has changed recently with the addition of new businesses, residential neighborhoods, and a new school, the Applicant intends to utilize Planned Unit Development zoning to permit greater design flexibility than is allowed by the Rural base zone district or Subdivision regulations for this project. The proposed Preliminary Plan complies with the proposed zoning as written in the P.U.D. Guide for Flying M Ranch. 7-102. Comprehensive Plan and Intergovernmental General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. in a Comprehensive Plan Analysis and is included as an Exhibit to this Application. 7-103. Compatibility The nature, scale, and intensity of the prospective residential, hospice, assisted living, and business park uses are intended to compliment the adjacent land uses. General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. in a Comprehensive Plan Analysis and is included as an Exhibit to this Application. B.3. Hours of operation: Business park: 7:00 am – 9:00 pm with the exception of a Veterinary clinic which may provide emergency service 24 hours a day. Community Service Facility – may provide service 24 hours a day. Trails and Outdoor Recreation – dawn to dusk. 7-104. Source of Water See section 7-105. 7-105. Central Water Distribution and Wastewater Systems Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 39 See Proposed Site Improvements, Sheets C1-01 through C1-05, and Sheet C7- 04 provided by High Country Engineering, Inc. and included as an Exhibit to this Application. 7-106. Public Utilities High Country Engineering has provided an Impact Analysis/Engineering Utility Report that is included as an Exhibit to this Application. Refer to High Country Engineering Proposed Site Improvement Plans, Sheets C1-01 through C1-05 included as an Exhibit to this Application. 7-107. Access and Roadways Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is attached as an Exhibit. A Neighborhood Community Center is an allowed use in Zone District 2 for residents only and therefore will not create additional traffic to the Neighborhood Center. Because it does not generate off site traffic it is not included as part of the Traffic Assessment. See Easement Deed and Agreement for Access Road and Utilities included as an Exhibit for maintenance of roads and utilities used by Flying M Ranch and the Roaring Fork School District RE-1. See Proposed Road Improvements, Sheets C3-01 through C3-09 provided by High Country Engineering, Inc. and included as an Exhibit to this Application. 7-108. Use of Land Subject to natural Hazards See Preliminary Geotechnical Study, provided by H-P Kumar Geotechnical Engineering and included as an Exhibit to this Application. 7-109. Fire Protection Per the following 2012 Colorado Wildfire Risk Assessment, the Flying M Ranch site has a low to moderate fire intensity rating. Fire demands were determined in the design and construction of the waterline extension to the adjoining Riverview School and there was a minimum of 2000 GPM provided to the school. All structures proposed would be required to work within these parameters for on-site fire protection. Fire Protection is provided by Glenwood Springs Fire Protection District. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 40 Division 2. General Resource Protection Standards 7-201. Agricultural Lands There are no agricultural lands within the proposed Flying M Ranch Subdivision and there will be no adverse effects to agricultural operations on adjoining lands. The Applicant is only aware of one ditch owner who owns an interest in water conveyed across the property. This owner is the adjacent property owner, and a principal of Eastbank, LLC. Robert Macgregor. Mr. Macgregor, as Applicant, is aware of the Application. 7-202. Wildlife Habitat Areas The following Colorado Parks and Wildlife Species Data has been mapped at the Flying M Ranch Subdivision Site as researched on December 6, 2017 per the following link: (http://www.arcgis.com/home/webmap/viewer.html?url=https://services5.arcgis.com/ttNGmDvKQA7oeDQ3/ ArcGIS/rest/services/CPWSpeciesData/FeatureServer&source=sd) Bald Eagle Winter Range Black Bear Fall Concentration and Overall Range Elk Overall Range Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 41 Canada Goose Foraging Area, Production Area, and Winter Range Great Blue Heron Foraging Area Mountain Lion Overall Range Mule Deer Highway Crossings, Summer Range, Overall Range Osprey Foraging Area Bull Snake Overall Range Terrestrial Garter Snake Overall Range River Otter Overall Range An Ecological Assessment of Eastbank Property for Minor Subdivision and Major Impact Review was prepared by Jonathan Lowsky, MS of Colorado Wildlife Science, LLC on February 18, 2015. For reference this report is attached as an Exhibit to this Application. 7-203. Protection of Waterbodies The Roaring Fork River borders the southern edge of the Flying M Ranch site. The floodplain location has been shown on Flying M Ranch P.U.D. Plan Map, Sheet 2 of 2 and Flying M Ranch Preliminary Plat, Sheet 2 of 3 provided by High County Engineering, Inc. and included as an Exhibit to this Application. 7-204. Drainage and Erosion See Proposed Grading Improvements, Sheets C2-01 through C2-04 provided by High County Engineering, Inc. and included as an Exhibit to this Application. 7-205. Environmental Quality The applicant agrees to comply with standards for Air Quality and Water Quality as stated in section 7-205 of the Garfield County Land Use Code. 7-206. Wildfire Hazards See section 7-109 7-207. Natural and Geologic Hazards See Preliminary Geotechnical Study provided by H-P Kumar Geotechnical Engineering and included as an Exhibit to this Application. 7-208. Reclamation See Proposed Grading Improvements, Sheets C2-01 through C2-04 provided by High County Engineering, Inc. and included as an Exhibit to this Application. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 42 Division 3 Site Planning and Development Standards 7-301. Compatible Design The nature, scale, and intensity of the prospective residential, hospice, assisted living, and business park uses are intended to compliment the adjacent land uses. General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. and is included as an Exhibit to this Application. B.3. Hours of operation: Business park: 7:00 am – 9:00 pm with the exception of a Veterinary clinic which may provide emergency service 24 hours a day. Community Service Facility – may provide service 24 hours a day. Trails and Outdoor Recreation – dawn to dusk. 7-302. Off-Street Parking and Loading Standards Parking Standards have been addressed in the Flying M Ranch P.U.D. Guide. 7-303. Landscape Standards All disturbed areas of the Flying M Ranch project will be revegetated with a mix of grasses, ground covers, trees and shrubs to prevent erosion and the invasion of weeds. Where appropriate a xeriscape design of native plants will be considered to blend in with the native habitat surrounding the site. Non-native or ornamental plant materials may be used in some areas of the project as accents. Riparian habitat may be utilized in areas that adjoin the Roaring Fork River or adjoining drainage ways. Healthy plant materials will be sized per the sizes established in Garfield County’s Landscaping Standards. Landscape Standards have been addressed in the Flying M Ranch Design Guidelines and Planned Unit Development Guide. 7-304. Lighting Standards Lighting Standards have been addressed in the Flying M Ranch Design Guidelines. All lighting must comply with Garfield County Lighting Standards and Flying M Ranch Design Guidelines. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 43 7-305. Snow Storage Standards Garfield County Snow Storage Standards including minimum area, appropriate location, and drainage are illustrated on High Country Engineering Plans included as an Exhibit to this Application. 7-306. Trail and Walkway Standards Garfield County Trail and Walkway Standards have been utilized to develop the community path that links the Flying M Ranch Subdivision together, to the Roaring Fork River, and to the new Riverview School. Access to the Roaring Fork River is provided for pedestrians and bicyclists. No vehicle boat ramp is proposed as part of this Application. See the Trail and Walkway design on High Country Engineering Plans included as an Exhibit to this Application. Also attached is Safe Route to School Plan developed for the new Riverview School in a joint effort by the Roaring Fork School District, Garfield County, RFTA, and Colorado Parks and Wildlife. The trails at Flying M Ranch connect to the Safe Route that provides access from Riverview School to the Rio Grande Trail, then north to Glenwood Springs and south to the Ironbridge and Westbank communities. The Safe Route also addresses pedestrian/bike safety at the crossing of County Road 154 and the Rio Grande Trail. See the Safe Route to School Plan attached as an Exhibit to this Application. Division 4 Subdivision Standards and Design Specifications 7-401. General Subdivision Standards See Flying M Ranch Subdivision Covenants, Conditions and Restrictions, included as an Exhibit to the Application. Also See Proposed Grading Improvements, Sheets C2-01 through C2-04 and Flying M Ranch Preliminary Plat, Sheet 2 of 3 for floodplain information provided by High County Engineering, Inc. included as an Exhibit to this Application. 7-402. Subdivision Lots The Flying M Ranch PUD proposes various access and utility easements, some of which traverse across several parcels for practical reasons, rather than skirt the boundaries of each parcel. Section 7-402(D) of the Code (“Lot Division by Boundaries, Roads, or Easements Prohibited”) states “No lots shall be divided by municipal boundaries, County roads or public rights-of-way.” This section appears to prohibit an easement traversing across a lot, even if the policy behind it is unclear. In any event, given the unique topography, site conditions, and shape of this property, including the layout of the parcels on the site plan, the Applicant is required to locate several easements across several parcels in Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 44 order to meet the access requirements of the Code, including the emergency access requirements. Section 4-118 allows an Applicant to request a waiver if (1) the waiver achieves the intent of the subject standard to the same or better degree than the subject standard; and (2) it imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. In this case, providing a waiver to 7-402(D) allows the Applicant to develop roads in conformance with the natural terrain, which will reduce the site impacts of road construction and allow the Applicant to develop secondary and emergency access, which achieves the intent of the subject standard better than the standard itself. It also allows the roads to be internal to the development, rather than abutting neighboring property, thereby imposing no greater impacts on adjacent properties. Please consider this Applicant’s request for a waiver from Section 7-402(D) to the extent necessary to effectuate the Applicant’s site plan. Also see Flying M Ranch Preliminary Plat, provided by High County Engineering, Inc. included as an Exhibit to this Application. 7-403. Survey Monuments Survey monuments shall be set in accordance with Flying M Ranch Preliminary Plat, A Resubdivision of Lots 2 and 3 of the Amended Plan of Eastbank, LLC Lots 2 & 3, A parcel of land situated in the S ½ section 35, township 6 south, range 89 west of the 6th P.M. County of Garfield, State of Colorado. 7-404. School Land Dedication See Waiver Request for School Land Dedication/Fee-in-Lieu obligations. . 7-405. Road Impact Fees 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. Comprehensive Plan & Intergovernmental Agreements General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. in a Comprehensive Plan Analysis and is included as an Exhibit to this Application. Flying M Ranch Major Subdivision Preliminary Plan Application November 1, 2018 45 Exhibits A Title Commitment – Lot 2 & Lot 3 B Balcomb & Green Conformance to Comprehensive Plan Report C High Country Engineering Impact Analysis and Utility Report D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property F Development Agreement and Subdivision Improvements Agreement G Phasing Plan Letter H Rezoning Justification Report I Master Declaration for The Flying M Ranch P.U.D. J Easement Deed and Agreement for Access Road and Utilities K Geotechnical Engineering Study L Design Guidelines M Planned Unit Development Guide N Safe Routes to Schools Map O High Country Engineering Preliminary Plan/P.U.D. Map Garfield County, Colorado Parcels 218535415002 and 218535315003 Planned Unit Development Application Prepared November 1, 2018 for: Dunrene Group Contact: Robert Macgregor 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 970.925.9046 Flying M Ranch Planned Unit Development Application November 1, 2018 2 Planned Unit Development Application Table of Contents 4-203. General Submittal Requirements ................................................................................................. 5 Pre-Application Conference Summary .................................................................................................... 5 Application Form ..................................................................................................................................... 11 Fee Agreement ......................................................................................................................................... 13 Statements of Authority .......................................................................................................................... 15 Letters of Authorization .......................................................................................................................... 17 Waiver Requests ...................................................................................................................................... 19 4-203.B.2 - Ownership Information ........................................................................................................ 23 4-203.B.3 - Adjacent Property Owners ................................................................................................... 23 4-203.B.3 - Mineral Owners and Lessees .............................................................................................. 23 4-203.B - Project Description .................................................................................................................. 25 4-203.C - Vicinity Map .............................................................................................................................. 26 4-203.D - Site Plan .................................................................................................................................... 28 4-203.G - Impact Analysis ....................................................................................................................... 28 4-203.H - Rezoning Justification Report ................................................................................................ 28 4-203.J - Development Agreement ......................................................................................................... 28 4-203.L - Traffic Study ............................................................................................................................. 28 4-203.O - Floodplain Analysis ................................................................................................................. 28 6-202.C - Review Criteria ......................................................................................................................... 29 6-302.A – PUD Plan .................................................................................................................................. 30 6-302.B - Amendment Justification Report ........................................................................................... 31 Responses to Standards in Article 7, Division 1. General Approval Standards ............................... 31 7-101. Zone District Use Regulations ................................................................................................... 31 7-102. Comprehensive Plan and Intergovernmental ............................................................................ 31 7-103. Compatibility .............................................................................................................................. 31 7-104. Source of Water ........................................................................................................................ 32 7-105. Central Water Distribution and Wastewater Systems ............................................................... 32 7-106. Public Utilities ............................................................................................................................ 32 7-107. Access and Roadways .............................................................................................................. 32 7-108. Use of Land Subject to Natural Hazards ................................................................................... 32 7-109. Fire Protection ........................................................................................................................... 33 Flying M Ranch Planned Unit Development Application November 1, 2018 3 Division 3 Site Planning and Development Standards ....................................................................... 33 7-301. Compatible Design .................................................................................................................... 33 7-302. Off-Street Parking and Loading Standards ............................................................................... 33 7-303. Landscape Standards ............................................................................................................... 34 7-304. Lighting Standards .................................................................................................................... 34 7-305. Snow Storage Standards .......................................................................................................... 34 7-306. Trail and Walkway Standards .................................................................................................... 34 Comprehensive Plan & Intergovernmental Agreements ..................................................................... 35 Exhibits ..................................................................................................................................................... 35 A Title Commitment – Lot 2 & Lot 3 B Balcomb & Green Conformance to Comprehensive Plan Report C High Country Engineering Impact Analysis and Utility Report D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property F Development Agreement and Subdivision Improvements Agreement H Rezoning Justification Report I Master Declaration for The Flying M Ranch P.U.D. J Easement Deed and Agreement for Access Road and Utilities K Geotechnical Engineering Study L Design Guidelines M Planned Unit Development Guide N Safe Routes to Schools Map O High Country Engineering Preliminary Plan/P.U.D. Map Flying M Ranch Planned Unit Development Application November 1, 2018 4 Application Team Applicant Dunrene Group Contact: Robert Macgregor 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 970.925.9046 Land Owner Eastbank, LLC Contact: Robert Macgregor 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 970.925.9046 Legal Counsel Balcomb & Green, P.C. Contact: Chad Lee 818 Colorado Ave Glenwood Springs, CO 81602 970.945.6546 Civil Engineering/Survey High Country Engineering, Inc. Contact: Roger Neal 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 Land Planning The Land Studio, Inc. Contact: Doug Pratte 365 River Bend Way Glenwood Springs, Colorado 81601 970.927.3690 Traffic Engineering Felsburg Holt & Ullevig Contact: Christopher J. Fasching 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 (303) 721-1440 Flying M Ranch Planned Unit Development Application November 1, 2018 5 4-203. General Submittal Requirements Pre-Application Conference Summary Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 l970l94s-82t2 www.ga rf ield-cou ntv.com PRE.APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 218535315003, 2185354L5002 DATE: April 25, 2018 PROJECT: Eastbank PUD OWNERS/APPLICANT: Eastbank LLC REPRESENTATIVE: Robert McGregor and Chad Lee, Balcomb and Green pRACTICAL IOCATION: Eastbank Minor Subdivision, Lots 2 and 3 - Approximately 2.5 miles south of the City of Glenwood Springs ZONING: Rural TYPE OF APPLICATION: PUD COMPREHENSIVE PLAN: City of Glenwood Springs Urban Growth Area I. GENERAL PROJECT D PTION The applicant is requesting to create a PUD within Lots 2 and 3 of the Eastbank Minor Subdivision. Access to the PUD is proposed to be shared with the Riverview School off County Road 154 just southeast of the intersection with the RFTA Rio Grande Trail. With the development of the Riverview School, the development is anticipated to be served by Roaring Fork Water and Sanitation District (RFWSD) water and wastewater lines. While the exact development to take place within the PUD has not yet been finalized, from representations made in the pre-application meeting and the attached site concept plan, the range of development consists of hospice and assisted living facilities, a rental tiny home community, three condo buildings, and patio / independent living homes. Each of the represented uses are anticipated to be on their own parcel which is contemplated to correspond with the relevant zone district within the PUD. As a result, this PUD application is anticipated to be accompanied by a Major Subdivision application for 10-1-4 lots. lt is anticipated that this PUD application and the Major Subdivision application would be processed concurrently. Flying M Ranch Planned Unit Development Application November 1, 2018 6 Regarding access, it is understood that the right of way easements for the Riverview School, which would also be the primary access for the proposed development, have not yet been finalized' The applicant will need to demonstrate legal access to each of the parcels that would be created by the subdivision and each development area within the PUD. The charactoristics of these internal roads will be èvaluated to the highest traffic impact use as identified within the PUD. Further, the access points onto CR 154 and Highway 82 will need to be evaluated for necessary upgrades based on the traffic impact study. Regarding affordable housing requirements as outlined in Article 8 of the LUDC, these are applicable to any subdivision proposing 15 or more lots. As this development is understood to only be creating LO-L4lots, these standards are not applicable. ln addition, should the condominium buildings be processed as a Common lnterest Community Subdivision, as represented and as interpreted at the time of this Pre-Application Conference Summary, Article 8 is not applicable to this type of subdivision as it wound not create 15 or more Lots as defined in the LUDC. As discussed, the uses identified within each of the PUD zone districts will need to be analyzed to their most impactful extent for traffic, water, and wastewater, as well as the review standards identified in Section 6-202($1, Review Criteria and Sectin 6-40L, Development Standards. Sub ect Parcels 2 Flying M Ranch Planned Unit Development Application November 1, 2018 7 II. REGU RY PROVISIONS AP IS REOUIRED TO ADDRESS Garfield County Comprehensive Plan 2030 Garfield County Land Use and Development Code, as amended Section 6-L01 General Provisions Section 6-202 PUD Zoning o Article 7, Division 1 (excludin e 7-tOLl and by extension Section 4-203(M) (Water Supply) o Section 4-L13(C) {Rezoning) Table 6-201Common Review Procedures and Required Notice Table 6-301 Application Su bm itta I Req uirements Section 6-302 Description of Submittal Requirements Section 6-40L Development Standards Applicable provisions from Article 7, Standards a a a a a a o o a ilr. PROCESS Rrquirrd lfoüoc TI !¡tù Fcqufotrmtntr Àffräon¡l T t B0tc ({ú {( trlolior ûo ¡ll frupr¡tromcr¡lilhi¡Sßtrtslllupl,l¡p*rl PlrÞ bü¡nt¡y" Î.¡EdË nryrlrd fcrFG rnd gf,¡ÞC hlrrïld¡. t ú ú {I PË&3fr¡.PUD Zcning {D { H¡ilcd noli¡e þ ¡[ propcrtywncrland minc¡¡l orrn¡¡¡ ritl¡in lhË PUD {J {IË ?03.8, 1-¡ PUD É'nrendme{t {}lincr} ¿i {ú { Ndile io ¡!3 grogerty oung¡ ¡nd mÍnrr¡l curiÊrg rilhin thê FUf! ¡ad r[ pmpêrty o*n.rt çithin 200lbclof lhe PUÐ b,qrndsrï. Nst¡c. ¡¡qsired ior PtG ¡nd BOCC hcsr¡mE {ú ,l I PC BÕCC E- 3û3.8. 1.b PUÐ Arnend¡n*nl {Súþstantiål}{ Secti*n4-llll. A B C n E F G frl "gEca.I '5Ëir(Þ¡fiß¡f¡ oã ËëËå, € $åËE$ ñ!!Ëê.õ .E.t{,t D PC Bocc Ta te &201: Common Review Procedures and Required Hc¡tice E6sd of touÊtr Csr¡¡miçç¡sñ€rs Siecfsr Pknniir Coinmitãis: As a new PUD, the application will be required to be heard in a public hearing with the Planning Commission and the Board of County Commissioners. While the Planning Commission is a recommending body to the Board, the Board of County Commissioners will make the final determination of approval, denial, or approval with conditions' Flying M Ranch Planned Unit Development Application November 1, 2018 8 Notice for both the Planning Commission and the Board of County Commissioner is a minimum of 30 days prior to the hearing date. Notice must be sent to adjacent property owners, mineral owners, the property must be posted, and a legal ad must run in the Rifle Citizên Telegram. For details on the process, please see the relevant code sections identified within Table 6-201'. A flow chart of the process has also been attached for reference. VI. SUBMITTAT IREMENTS As a new PUD, Table 6-30L outlines the submittal requirements. ln addition, the application will need to include documentation to address all required review criteria and development standards. please referdirectlytoTable 6-301 and the list of GeneralApplication Materials in section 4-2O3for the full description of this information:r General Application Materials (4-203.8) o Application Form o General Project descriPtion o Ownership Documentation (deed) for land held by the HOA within the PUD (applicant must be a property owner) o Statement of Authority or Letter of Authorization, as necessary o Fee Payment and Payment Agreement Form o Pre-Application ConferenceSummary o Names and addresses of all property owners and mineral owners of record within thE PUD.. Vicinity Map (a-203.C) . Site Plan (4-203.D) 4 6.2;02 |PUD Zoninr {./(I ,,({I t t (Y t ifapplication Substantial May requirc a new determined to bc a Modification. 6-203 Arnendmentl,,o 'l llilt (r J{)l; A¡r¡rlicirf ion Sutrrnitl:tl lìt'r¡trit'e rncrtts Ste {ion J-2ll-ì. ll {' l) (; ll .l l, O ..\ ll Se e liorr (r-J(12 ,\¡r¡rlicrtion'l'r ¡rt' lnnnctl [ ¡uit f)crclopnrcnt Flying M Ranch Planned Unit Development Application November 1, 2018 9 . lmpact Analysis (4-203G) . Rezoning Justification Report (4-203.H) . Development Agreement (4-203. J) - May be accomplished through a Subdivision lmprovements Agreement should the subdivision be processed concurrantly . Traffic Study (4-203.1) . Floodplain Analysis (a-203.O) . PUD Guide (6-302.A) - See details of submittal requirements for both PUD Map and PUD Guide ' Amendment Justification Report (6-302.8) . Please respond directly to the Review Criteria listed in Section 6-2O2.C and as excerpted below. An opplicotion for PUD Zoning sholl meet the following criteria: Appl ication Su ttrr¡ itta I 3 Hard Copies 1 ûigital PDt Copy (on CD or USB stick) Eoth The paper and the digital copy should be split into individual sections. Please refer to the list included in your pre-application conference summary for the submittal requirements that are appropriate for your application: . General Applicat¡on Matèr¡als. V¡cin¡ty Map- Site Plan. G¡ading and Drainage Plan. Landscape Plan. lmpãct Analysis. Traffic Study. Water Supply/Distribution Plan. wðstewater Management Plan. Article 7 Standards 7. purpose and Appticability. The PIJD meets the purpose ond opplicobility of this Code, øs provided in section 6-L01.A. and B. 2. Development Stondords. The PIJD meets the Development Støndords as provided in section 6-401.. 3. Standords, Article 7. The PUD meets the standards within Article 7, Division 1-, excluding 7- l0l. (See reference to Section 4-203.M regarding Water Supply in Section 7-LO4) 4. Rezoning Criterio. The PUD meets the Rezoning Review Criteria in section 4-113.C. 5. Estobtished Zoning Standards. The PUD Plan adequotely establishes uses ond standards governing the development, density, and intensity of lond use by means of dimensional or other støndards. ' Please respond directly to the Development Standards in Section 6-401 . Please respond directly to the Standards identified in Article 7, Division 3. Site Plannign and Development Standards Submit three paper copies and one digital copy of the application. Additional copies will be requested upon determination of completeness, if necessary. See the land use code for additional information on submittal requirements. 5 Flying M Ranch Planned Unit Development Application November 1, 2018 10 IV. APPLICATION REVIEW a. Review by:Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing:None (Director's Decisionl _X_Pla nni ng Commission X Board of County Commissioners _ Board of Adjustment c. ReferralAgencies:May include Garfield County Road and Bridge, Fire Protection District, City of Glenwood Springs, Roaring Fork Water and Sanitation District, Colorado Department of Transportation, Garfield County Vegetation Management, Roaring Fork Conservancy, and Garfield County Designated Engineer. V. APPL¡CATION REVIEW FEES a. Planning Review Fees: S 500.00 b. Referral Agency Fees: S fAO - consulting engineer/civil engineer fees c. Total Deposit:S SOO.OO (additional hours are billed at $40.50 /hour) Disclaimer The pre-application meeting summary is only valid for six (6) months from the date of the written summary. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-aoolication Su marv Preoared bv: April25, 2018 David Pesnichak, AICP, Senior Planner Date 6 Flying M Ranch Planned Unit Development Application November 1, 2018 11 Application Form Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Eastbank, LLC 970 925-9046 710 E. Durant Avenue, W-6 Aspen CO 81611 aellis@dunrene.com Chad J. Lee, Esq.970 945-6546 Balcomb & Green, P.C. 818 Colorado Ave Glenwood Springs CO 81601 clee@balcombgreen.com Eastbank PUD Approximately 2.5 miles south of Glenwood Springs Lot 2 and 3, Eastbank, LLC Minor Subdivision, according to the Plat thereof recorded September 8, 2015 at Reception No 867716 Rural 16.98+16.94 acres 2185 353/354 15 003/002 Flying M Ranch Planned Unit Development Application November 1, 2018 12 Flying M Ranch Planned Unit Development Application November 1, 2018 13 Fee Agreement Flying M Ranch Planned Unit Development Application November 1, 2018 14 sEcTloN 2-01. GountY Project Name Name Address CGS SUBÍTNTAL FORÍÙ| FOR LAND-IISE REVIEìÍVS, COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS Date Ph. t{o. Fax APPLICANT (or Applicant's Authorized Repreaentative rcsponsible fo¡ paying GGS'review fee) l4 l2,or 14 11 - Sectlonlsl Townshlp- Rsnce Dcc Let - Lons FEE SCHEDULE (effective June 1, 2009) Reviews lor Countles Srnallsubdivision (> 3 dwellings and < 100 acres) ' Large Subdívision þ 100 acres and < 500 acres) ' Very Large Subdivision (500 acres or more) Very small residential subdivisíons (1-3 dwellings and < 100 acres) Revìews for MunicÍPalltles ' . of reviewer SPecial Reviews .At houdy r,te of reviewerSchool Site Reviews $950 $1,550 . $2,500 .$600 .At houfly rate '""'$855 CGS LAND USE REVIEWS Geolqgical studies are required by Colorado counties for all subdivisions of unincorporated land into parcelã of hss than 35 acrãs, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 3t 7972).Some bobrado municipalities require geological studies for sub- division of incorporated land. In addition,local governments *" "*po*urôd to iegulate !¡velgRmentacti-vities in hazardous or mineral-resource areas inder C.n.S. 24-65.7:707 et seq. (Hõuse Bill L041,1974) and C.R.S. 34-1-301 et seq' (HouseBill1529'1973)' respectively. Local-government agencies zubmit proposed subdivision applicatioru and supporting ùechnical reporb to the C jorado Geotofrcal Survey ", ..for evaluation of those geologic factors which would have significant impact on the propo"sed use of 'the land," in accordance with state statutes. The CGS reviews the submitted d.ocuments anã serrr"s as a technical advisor to local-govemmentplanning agencies during the planning pì*"rr. Since 19&t, the CGS has been required by law to cove¡ the full direct cost of performing such reviews. The adequate knowledge of a site's geology is essential for any development project' It is needed at the start of the project in order to plarç ãesign, andconstruct a safe development. Proper plaruring for geological conditions can heþ developers and future owners/users reduce u¡necessary maintenance and/or repair costs I Garfield County August 8, 2018 Flying M Ranch PUD and Preliminary Plan Eastbank, LLC 710 E. Durant Avenue, W-6, Aspen, CO. 81611 (970) 925-9046 35 S 1/2 6 South 89 West Flying M Ranch Planned Unit Development Application November 1, 2018 15 Statements of Authority Reception#:813404 01/19/201201:47:00PM JeanAlberico 1 of 1 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO Statement of Authority (C.R.S.38-30-172) 1.This Statement of Authorityrelatesto an entitylnamed:EASTBANK,LLC 2.The type of entityisa: 0 Corporation O Registeredlimitedliabilitypartnership O Non-profitCorporation 0 Registeredlimitedliabilitylimitedpartnership 121 Limitedliabilitycompany 0 Limitedpartnershipassociation 0 Generalpartnership O Government or governmental subdivisionor 0 Limitedpartnership agency 3.The entityisformed under the laws of State of Colorado. 4.The mailing address of the entityis:710 East Durant Avenue,Unit W-6,Aspen, Colorado 81611. 5.The U name and 2 positionof each person authorizedto execute instruments conveying,encumbering,or otherwiseaffectingtitleto realpropertyon behalfof the entityis:Robert Duncan Macgregor,President of Dunrene Management,Inc.,a Colorado corporation,Manager of Eastbank,LLC. 6.2The authorityof the foregoing person(s)to bind the entityis 9 not limitedCl limitedas follows:N/A 7.Other matters concerning the manner in which the entitydeals with interestsin real property:N/A 8.3This Statement of Authority is executed on behalf of the entitypursuant to the provisionsof C.R.S.(38-30-172. 9.This Statement of Authority amends and supercedes in all respects any prior Statementof Authorityexecuted on behalfof the ent . Executed this12m day of January 2012. By: olfertDuncan Macgregor STATE OF COLORADO ) COUNTY O ss The foregoinginstrumentwas acknowledged beforeme this12 day of January 2012 by Robert Duncan Macgregor,President of Dunrene Management,Inc.,a Colorado corporation,Manager of Eastbank,LLC,a Colorado limitedliabilitycompany. Witness my hand and officialseal. My Commission expires:4/18 /),al 5 AUDREY ELLIS /;NOTARY PUBLIC 0 STATE OF COLORADO Notary'tiblic y issiodExoires07/23/2015 'Thisform shouldnotbe used unlesstheentityiscapableofholdingtitletorealproperty.2 The absence ofany limitationshallbe prima facieevidencethatno such limitationexists. a The statementofauthoritymust be recordedtoobtainthebenefitsofthestatute. Strikeifnotapplicable,a r 6 Flying M Ranch Planned Unit Development Application November 1, 2018 16 Flying M Ranch Planned Unit Development Application November 1, 2018 17 Letters of Authorization Flying M Ranch Planned Unit Development Application November 1, 2018 18 Flying M Ranch Planned Unit Development Application November 1, 2018 19 Waiver Requests Civil Engineering Land Surveying An Employee-Owned Company October 31, 2018 Patrick Waller, Planner Garfield County Building & Planning Department 108 8th St. Suite 401 Glenwood Springs, CO 81601 RE: Flying M Ranch – PUD and Preliminary Plan Application – Eastbank, LLC – Garfield County File Numbers SPAA-08-18-8675, PUDA-08-18-8676 Engineer’s Technical Explanation of the Waiver Requests 4-118 Waiver of Standards A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Roadway Standards Table 7-107 of the Garfield County Land Use Code establishes roadway standards for roads based on design capacity in Average Daily Traffic (ADT). These waivers are to represent what road standard waivers are required for lots A1-4 to access County Road 154. The main subdivision road, Flying M Ranch, intersects directly with County Road 154. This road is within a 60’ access and utility easement. This road provides an access way for lots A1- 4 within Flying M Ranch Planned Unit Development (PUD). The access way runs through a parking lot aisle 30’ in width that loops around the existing Equine Center to an aisle 24’ in width back to Flying M Ranch Road. This access way also continues north up to a shared ingress and egress access way easement (Reception No. 867041) located on FedEx and is between 43’-57’ in width. The shared access way intersects with County Road 154 and is approximately 30’ in width. This access way for lots A1-4 would fit the “rural access” classification per the Garfield County Land Use Code, according the 181 ADT provided in the FHU Traffic Impact Assessment. This ADT was based on the assumption of constructing a general office building, mini-warehouse and multifamily housing. 1517 Blake avenue, suite 101 Glenwood Springs, CO 81601 970-945-8676 • phone 970-945-2555 • fax www.hceng.com Flying M Ranch Planned Unit Development Application November 1, 2018 20 The access way through lots A1-4 from Flying M Ranch Road to the shared ingress and egress access way on FedEx requires a design waiver in a number of categories assuming the rural access classification with Table 7-107. The existing access way does not have a minimum 50’ ROW width or 2’ wide shoulders due to the parking lot and existing structures. Ditches are not realistic throughout portions of the access way but lots A1-4 have agreed to detain their own drainage. The horizontal radius at the shared access way with FedEx is approximately 10’ radius. The design standard is to allow for a minimum radius of 80’. The internal road is effectively an intersection with the FedEx road and we have added a stop sign at this location. Sincerely, Roger Neal, P.E. Project Manager HIGH COUNTRY ENGINEERING, INC. Flying M Ranch Planned Unit Development Application November 1, 2018 21 The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net October 29, 2018 Mr. Patrick Waller Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Flying M Ranch PUD and Major Subdivision Preliminary Plan Applications Dear Patrick, Please consider the Applicant’s request for a waiver from Section 7-402(D) to the extent necessary to effectuate the Applicant’s Flying M Ranch PUD and Subdivision Preliminary Plan site plan. 4-118 Waiver of Standards C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. In this case, providing a waiver to 7-402(D) allows the Applicant to develop roads in conformance with the natural terrain, which will reduce the site impacts of road construction and allow Applicant to develop secondary and emergency access, which achieves the intent of the subject standard better than the standard itself. It also allows the roads to be internal to the development, rather than abutting neighboring property, thereby imposing no greater impacts on adjacent properties. The Flying M Ranch PUD proposes various access and utility easements, some of which traverse across several parcels for practical reasons, rather than skirt the boundaries of each parcel. Section 7-402(D) of the Code (“Lot Division by Boundaries, Roads, or Easements Prohibited”) states “No lots shall be divided by municipal boundaries, County roads or public rights-of-way.” This section appears to prohibit an easement traversing across a lot, even if the policy behind it is unclear. Given the unique topography, site conditions, and shape of this property, including the layout of the parcels on the site plan, the Applicant is required to locate several easements across several parcels in order to meet the access requirements of the Code, including the emergency access requirements. Sincerely, THE LAND STUDIO, INC By: _____________________________ Douglas J. Pratte Flying M Ranch Planned Unit Development Application November 1, 2018 22 The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net October 29, 2018 Mr. Patrick Waller Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Flying M Ranch PUD and Major Subdivision Preliminary Plan Applications Dear Patrick, Please consider the Applicant’s request for a waiver from Section 7-404, School Land Dedication/Fee-in-Lieu obligations to the extent necessary to effectuate the Applicant’s Flying M Ranch PUD and Subdivision Preliminary Plan site plan. 4-118 Waiver of Standards C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. The applicant, Eastbank, LLC, pursuant to pre-existing contractual agreements between itself and the RE-1 Roaring Fork School District (“RE-1”), including that certain Memorandum of Understanding dated July 23, 2015 (“MOU”), has granted certain land areas for necessary access and utilities infrastructure easements to RE-1; and pursuant to certain License Agreements and pending perpetual grants of record Easement, permitted RE-1 to construct such infrastructure, required for development of the Riverview K-8 school facility over Eastbank property. As set forth by the aforementioned MOU, as well as related agreements and the pending Easement instruments, Eastbank and RE-1 are obligated to establish a credit to Eastbank for the acreage consumed and provided to RE-1 and to the Roaring Fork Water & Sanitation District (“RFW&SD”) at RE-1’s request. Eastbank has elected to accept, in exchange for the RE-1/RFW&SD land interests conveyed, a credit against any otherwise applicable Garfield County Development Code “School Land Dedication” or “fee-in-lieu” obligations as set forth under Code Section 7-404. The applicable land area credit is approximately 2.547 acres (sufficient to off-set the development of approximately 36 single family residential units and 122 multi-family residential units). In the event of additional residential unit development, exceeding existing land credit figures, Eastbank shall either (i) remit the applicable fee-in-lieu upon construction or (ii) submit documentation to Garfield County exhibiting any supplemental “land credit” commitments between itself and RE-1 (as a result of certain efforts and negotiation at the time of the 2009 sale to RE-1 of its Parcel 1 real property, Eastbank agreed to increase the contract purchase acreage from approximately 32 acres to slightly in excess of 35 acres, without adjustment to the applicable purchase price; but with the acknowledgement that such additional acreage would be subject to future consideration). Additional supporting information regarding Section 7-404 credit and variance, waiver and exemption from School Land Dedication/Fee-in-Lieu obligations shall be presented by the applicant at the pending review hearing(s). Sincerely, THE LAND STUDIO, INC By: _____________________________ Douglas J. Pratte Flying M Ranch Planned Unit Development Application November 1, 2018 23 4-203.B.2 - Ownership Information A Title Commitment is provided as an Exhibit to this Application 4-203.B.3 - Adjacent Property Owners Property Owners Within 200 Feet 2185-353-15-003 2185-354-15-002 Eastbank LLC 710 E. Durant Avenue, Unit W-6 Aspen, CO 81611 2185-353-00-060 Roaring Fork RE-1 School District 1521 Grand Avenue Glenwood Springs, CO 81601 2185-352-00-023 L & Y Jammaron Family LLLP 4915 Highway 82 Glenwood Springs, CO 81601-9622 2185-353-15-001 KW Glenwood Springs LLC P.O. Box 979 Telluride, CO 81435 2185-354-23-007 Blue Heron Properties LLC 430 Ironbridge Drive Glenwood Springs, CO 81601 2185-353-04-002 Robert Duncan MacGregor 710 East Durant Avenue, Unit W-6 Aspen, CO 81611 2185-354-00-017 James L. Rose P.O. Box 432 Rifle, CO 81650-0432 2185-354-00-059 Roaring Fork Transportation Authority 1340 Main Street Carbondale, CO 81623 2185-354-00-024 Shane & Bruce’s LLC 4185 County Road 154 Glenwood Springs, CO 81601 Colorado Department of Transportation 202 Centennial Drive Glenwood Springs, CO 81601 4-203.B.3 - Mineral Owners and Lessees Provided by Balcomb & Green, P.C. Eastbank, LLC 710 E. Durant Avenue, Unit W6 Aspen, CO 81611 Flying M Ranch Planned Unit Development Application November 1, 2018 ASPEN | BASALT | GLENWOOD SPRINGS | LAMAR Post Office Box 790 | Glenwood Springs, Colorado 81602 | 800.836.5928 | 970.945.6546 | BalcombGreen.com Chad J. Lee, Esq.* Telephone (970) 945-6546 clee@balcombgreen.com October 25, 2018 Mr. Patrick Waller, Planner Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Application for Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications Dear Pat: We are writing this letter to you in accordance to the Pre-Application Conference Summaries. The Garfield County Land Use and Development Code require an Applicant to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-101 “as such owners can be identified through records in the office of the Clerk and Recorder or Assessor, or through other means.” GCLUDC 4- 101(E)(4). Section 24-65.5-101 requires that an applicant notify a mineral estate owner who either (1) is identified as such by the county tax assessor’s records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do not identify any mineral estate owners, including their addresses of record, “the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations….” On October 17th we conducted the following tasks: 1. We researched the Garfield County Clerk and Recorder’s index of mineral owner requests for notification per C.R.S. § 24-65.5-101 and confirmed that no mineral owner for the subject property has filed a request for notification; 2. We reviewed a title commitment for the property and confirmed there are no mineral reservations listed in Schedule B(2); and 3. We spoke with Robin at the Garfield County Assessor’s office. The Assessor’s office noted two potential mineral owner accounts in the vicinity, though we cannot verify these entities actually own an interest in the mineral estate under the property subject to the Application. In any event, we suggest adding these parties to the noticed parties list out of an abundance of caution: George G. Vaught, Jr. Paul L. McCullis P.O. Box 13557 Denver, CO 80201-3557 Union Pacific c/o Property Tax 1400 Douglass, Stop 1640 Omaha, NE 68179-1640 This satisfies our obligations under Colorado law and the County’s Code. We look forward to working through this application with your office. Sincerely, BALCOMB & GREEN, P.C. By: /s/ Chad J. Lee, Esq. Chad J. Lee Flying M Ranch Planned Unit Development Application November 1, 2018 4-203.B - Project Description The Flying M Ranch Major Subdivision Application is proposed for Lots 2 and 3 of the previously platted Eastbank, LLC Minor Subdivision. Lot 2 (Garfield County Parcel 218535415002) is approximately 16.983 acres in size and Lot 3 (Garfield County Parcel 218535315003) is approximately 16.927 acres in size. An Amended Final Plat for Lots 2 and 3 is provided by High Country Engineering in the Flying M Ranch Preliminary Plan/PUD Engineering Drawings. The Amended Final Plat is necessary to transfer land between Eastbank LLC and The Roaring Fork School District. The Applicant requests that recording of the Amended Final Plat be a condition of approval for this Application. The amended Lots 2 and 3 will be subdivided into 13 parcels, lots, or tracts via the Major Subdivision Application and review process. The Applicant has prepared a Planned Unit Development Application for submittal together with this Major Subdivision Preliminary Plan Application. This site is a portion of a former gravel quarry that was mined in the mid 1980’s through the mid 1990’s. This property is contiguous to an adjoining FedEx distribution facility and the new Roaring Fork School District PK-8 Riverview School. The Orrison Distribution Center and L & Y Jammaron Family LLLP property reside to the north, the Roaring Fork River, Structural Associates and Westbank Neighborhood reside to the south, Highway 82 and County Road 154 and the Rio Grande Trail reside to the east, and Eastbank Parcel 2 Lot Split Parcel 2B is located to the west. The property is accessed from Flying M Ranch Road and County Road 154 from a controlled access intersection at Colorado State Highway 82. The site can also be accessed by pedestrians and bikers from the Rio Grande Trail via County Road 154 and Flying M Ranch Road. The Applicant has provided a detailed traffic analysis to address County Road 154 and State Highway 82 access issues. The traffic analysis is attached as an Exhibit to this document. Proposed uses within the Flying M Ranch Subdivision include expansion of an existing business park, a diversity of residential housing types including eco-efficiency homes, residential lofts and patio homes, and opportunities for community service facilities including assisted living, independent senior living, and HomeCare & Hospice of the Valley. The attached Preliminary Plan Map includes layout illustrations for the proposed parcels and the uses proposed within them. The Flying M Ranch P.U.D. will establish the zoning for each of the Flying M Ranch parcels and the P.U.D. Guide will set forth the regulations and development standards for development within the parcels. The use restrictions, standards, and density are also set forth for each parcel in the P.U.D. Guide, which is attached as an Exhibit. Affordable housing requirements as outlined in Article 8 of the LUDC are applicable to any subdivision proposing 15 or more lots. As this 33.927 acre area will be subdivided into 13 parcels, lots, or tracts, these standards are not applicable. This project will however focus on a diversity of housing types including senior housing, employee accessory dwelling units in the business park, eco-efficiency attainable workforce housing, and residential lofts, patio homes, townhomes, and single family homes. Flying M Ranch Planned Unit Development Application November 1, 2018 4-203.C - Vicinity Map Garfield Gounty Land Explorer County Garfield Gounty, Golorado f. inch = 752 feet 1 inch = 0.14 miles 0 0.1 "+_. 0.4 Mileso.2 Garf ield County Colorado ww.târl¡eld-county.comGarfield County Co lorad o Garfield Gounty Land Explorer Printed by Web User D¡sclâimer This ¡s a mmp¡latbn ofrêcords as üey appear iñ the Garfiêld øunty ofi¿es affeding the åreâ shown. Th¡t drawing ls b b€ used only fd refercnce purposes and the 6uñty b nd responsibl€ fo. any inåccuracies heE¡n tonÞ¡ned @ copyr¡ght Garfield county, colorado I All Rights Reserved Pnnleù 11/7 12017 at 12:03:02 PM Flying M Ranch Planned Unit Development Application November 1, 2018 Garfield County Land Explorer County Garfield County, Golorado f. inch = 752 feet 1 inch = 0.14 miles 0 0.1 0.4 Mileso.2 Garf ield County Colorado ww.garf ield-county. comGarf¡eld County Colorado Garfield County Land Explorer Printed by Web User DIs.la¡mer This ¡s a compilatbn olrecords âs Sey appear ¡n the Garffeld øünty off¡cet âfledlnS the area shNn. lhis drâwing ¡! þ be used only lor releænce purposes ãnd the 6unty ß not respons¡ble for âny ¡nâeuracies heEin .onbined. O Copyright Garf¡eld County, Colorâdo I All Rights Reserved Pîinteù I7/7 l2OU at 12:03:39 PMa Flying M Ranch Planned Unit Development Application November 1, 2018 4-203.D - Site Plan See Proposed Site Improvements, Sheets C1-01 through C1-05 provided by High County Engineering, Inc. included as an Exhibit to this Application. 4-203.G - Impact Analysis This property is contiguous to an adjoining FedEx distribution facility and the new Roaring Fork School District PK-8 Riverview School. The Orrison Distribution Center and L & Y Jammaron Family LLLP property reside to the north, the Roaring Fork River, Structural Associates and Westbank Neighborhood reside to the south, Highway 82 and County Road 154 and the Rio Grande Trail reside to the east, and Eastbank Parcel 2 Lot Split Parcel 2B is located to the west. An Impact Analysis/Utility Report has been provided by High Country Engineering, Inc. and is included as an Exhibit to this Application use. 4-203.H - Rezoning Justification Report A Rezoning Justification Report has been provided by Balcomb and Green, P.C. and is included as an Exhibit to this Application. 4-203.J - Development Agreement A Development Agreement is included as part of the Flying M Ranch Application and is an Exhibit to this Application. A Subdivision Improvements Agreement is included as part of the Flying M Ranch Preliminary Plan Application and is an Exhibit to this Application. 4-203.L - Traffic Study Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is attached as an Exhibit. 4-203.O - Floodplain Analysis The Roaring Fork River borders the southern edge of the Flying M Ranch site. The floodplain location has been shown on Flying M Ranch P.U.D. Plan Map, sheet 2 of 2 and Flying M Ranch Preliminary Plat, Sheet 2 of 3 provided by High County Engineering, Inc. included as an Exhibit to this Application. Flying M Ranch Planned Unit Development Application November 1, 2018 6-202.C - Review Criteria Purpose and Applicability. The P.U.D. meets the purpose and applicability of this Code, as provided in section 6-101.A. and B. 6-101.A. The general purpose of P.U.D. zoning is to permit greater design flexibility than is allowed by the base zone district or Subdivision regulations, as those objectives are identified in the Planned Unit Development Act of 1972, C.R.S. 24-67-101, et seq. P.U.D.s must be in general conformance with the Comprehensive Plan. See Balcomb & Green Conformance with the Comprehensive Plan letter included as an Exhibit to this Application. 6-101.B 1. Any single parcel of land or contiguous parcels of land comprising a minimum of 2 acres, sufficient to accommodate an integrally planned environment to be developed through a unified plan, is eligible for P.U.D. zoning. See Proposed Site Improvements, Sheets C1-01 through C1-05 provided by High County Engineering, Inc. included as an Exhibit to this Application. 6-101.B 2. Applications for P.U.D. zoning may be made for land located in any zone district. Development Standards. The P.U.D. meets the Development Standards as provided in section 6-401. 6-401. A. Permitted Uses 6-401. B. Off-Street Parking 6-401. C. Density 6-401. D. Housing Types 6-401. E. Transportation and Circulation System 6-401. F. Recreational Amenities 6-401. G. Building Height 6-401. H. Lots 6-401. I. Phasing The above Standards have been addressed in the P.U.D. Guide included as an Exhibit to this Application. Standards, Article 7. The P.U.D. meets the standards within Article 7, Division 1, excluding 7-101. See responses below, Article 7, Division 1. General Approval Standards. Rezoning Criteria. The P.U.D. meets the Rezoning Review Criteria in section 4-113.C. Refer to the Rezoning Justification report prepared by Balcomb & Green, P.C. attached as an Exhibit to this Application. Flying M Ranch Planned Unit Development Application November 1, 2018 Established Zoning Standards. The P.U.D. Plan adequately establishes uses and standards governing the development, density, and intensity of land use by means of dimensional or other standards. See responses below, Article 7, Division 3. Site Planning and Development Standards 6-302.A – PUD Plan 1.a See Section 4-203.B. Project Description. 1.b See Balcomb & Green Conformance with the Comprehensive Plan letter included as an Exhibit to this Application. 1.c The P.U.D. meets the Development Standards as provided in section 6- 401 and meets the standards within Article 7, Division 1, excluding 7- 101. The Flying M Ranch Subdivision property is currently zoned Rural in Garfield County. As the area surrounding this parcel has changed recently with the addition of new businesses, residential neighborhoods, and a new school, the Applicant intends to utilize Planned Unit Development zoning to permit greater design flexibility than is allowed by the Rural base zone district or Subdivision regulations for this project. The proposed Preliminary Plan complies with the proposed zoning as written in the P.U.D. Guide for Flying M Ranch. 1.d This property is contiguous to an adjoining FedEx distribution facility and the new Roaring Fork School District PK-8 Riverview School. The Orrison Distribution Center and L & Y Jammaron Family LLLP property reside to the north, the Roaring Fork River, Structural Associates and Westbank Neighborhood reside to the south, Highway 82 and County Road 154 and the Rio Grande Trail reside to the east, and Eastbank Parcel 2 Lot Split Parcel 2B is located to the west. 1.e See Flying M Ranch PUD Phasing Plan letter included as an Exhibit to this Application. 2.a See the PUD Guide for specific use type densities and floor area calculations. 2.b See Proposed Site Improvements, Sheets C1-01 through C1-05, and Sheet C7-04 provided by High Country Engineering, Inc. included as an Exhibit to this Application 2.c See Proposed Site Improvements, Sheets C1-01 through C1-05, and Sheet C7-04 provided by High Country Engineering, Inc. included as an Exhibit to this Application 2.d See section 7-106. Flying M Ranch Planned Unit Development Application November 1, 2018 2.e See section 7-109. 2.f A Master Declaration for The Flying M Ranch Planned Unit Development has been addressed by Balcomb and Green, P.C. and is included as an Exhibit to this Application. 2.g High Country Engineering has provided an Impact Analysis/Engineering Utility Report that is included as an Exhibit to this Application. 2.h Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is attached as an Exhibit. Also see Impact Analysis and Utility Report provided by High Country Engineering, Inc. included as an Exhibit to this Application. 3. A PUD Plan Map has been included as sheets 1 of 2 and 2 of 2 provided by High County Engineering as an Exhibit to this Application. 4. A PUD Guide has been included as an Exhibit to this Application. 6-302.B - Amendment Justification Report Not Applicable Responses to Standards in Article 7, Division 1. General Approval Standards 7-101. Zone District Use Regulations The Flying M Ranch Subdivision property is currently zoned Rural in Garfield County. As the area surrounding this parcel has changed recently with the addition of new businesses, residential neighborhoods, and a new school, the Applicant intends to utilize Planned Unit Development zoning to permit greater design flexibility than is allowed by the Rural base zone district or Subdivision regulations for this project. The proposed Preliminary Plan complies with the proposed zoning as written in the P.U.D. Guide for Flying M Ranch. 7-102. Comprehensive Plan and Intergovernmental General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. and is included as an exhibit to this Application. 7-103. Compatibility Flying M Ranch Planned Unit Development Application November 1, 2018 The nature, scale, and intensity of the prospective residential, hospice, assisted living, and business park uses are intended to compliment the adjacent land uses. General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. and is included as an exhibit to this Application. B.3. Hours of operation: Business park: 7:00 am – 9:00 pm with the exception of a Veterinary clinic which may provide emergency service 24 hours a day. Community Service Facility – may provide service 24 hours a day. Trails and Outdoor Recreation – dawn to dusk. 7-104. Source of Water See section 7-105 7-105. Central Water Distribution and Wastewater Systems See Proposed Site Improvements, Sheets C1-01 through C1-05, and Sheet C7-04 provided by High Country Engineering, Inc. included as an Exhibit to this Application. 7-106. Public Utilities High Country Engineering has provided an Impact Analysis/Engineering Utility Report that is included as an Exhibit to this Application. Refer to High Country Engineering Proposed Site Improvement Plans, Sheets C1-01 through C1-05 included as an Exhibit to this Application. 7-107. Access and Roadways Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is attached as an Exhibit. A Neighborhood Community Center is an allowed use in Zone District 2 for residents only and therefor will not create additional traffic to the Neighborhood Center. Because it does not generate off site traffic it is not included as part of the Traffic Assessment. See Proposed Road Improvements, Sheets C3-01 through C3-09 provided by High Country Engineering, Inc. included as an Exhibit to this Application. 7-108. Use of Land Subject to Natural Hazards See Preliminary Geotechnical Study, provided by H-P Kumar Geotechnical Engineering, included as an Exhibit to this Application. Flying M Ranch Planned Unit Development Application November 1, 2018 7-109. Fire Protection Per the following 2012 Colorado Wildfire Risk Assessment, the Flying M Ranch site has a low to moderate fire intensity rating. Fire demands were determined in the design and construction of the waterline extension to the adjoining Riverview School and there was a minimum of 2000 GPM provided to the school. All structures proposed would be required to work within these parameters for on-site fire protection. Fire Protection is provided by Glenwood Springs Fire Protection District. Division 3 Site Planning and Development Standards 7-301. Compatible Design The nature, scale, and intensity of the prospective residential, hospice, assisted living, and business park uses are intended to compliment the adjacent land uses. General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. and is included as an exhibit to this Application. 7-302. Off-Street Parking and Loading Standards Parking Standards have been addressed in the Flying M Ranch P.U.D. Guide. Flying M Ranch Planned Unit Development Application November 1, 2018 7-303. Landscape Standards All disturbed areas of the Flying M Ranch project will be revegetated with a mix of grasses, ground covers, trees and shrubs to prevent erosion and the invasion of weeds. Where appropriate a xeriscape design of native plants will be considered to blend in with the native habitat surrounding the site. Non-native or ornamental plant materials may be used in some areas of the project as accents. Riparian habitat may be utilized in areas that adjoin the Roaring Fork River or adjoining drainage ways. Healthy plant materials will be sized per the sizes established in Garfield County’s Landscaping Standards. Landscape Standards have been addressed in the Flying M Ranch Design Guidelines and the P.U.D. Guide. 7-304. Lighting Standards Lighting Standards have been addressed in the Flying M Ranch Design Guidelines. All lighting must comply with Garfield County Lighting Standards. 7-305. Snow Storage Standards Garfield County Snow Storage Standards including minimum area, appropriate location, and drainage are illustrated on High Country Engineering Plans included as an Exhibit to this Application. 7-306. Trail and Walkway Standards Garfield County Trail and Walkway Standards have been utilized to develop the community path that links the Flying M Ranch Subdivision together, to the Roaring Fork River, and to the new Riverview School. Access to the Roaring Fork River is provided for pedestrians and bicyclists. No vehicle boat ramp is proposed as part of this Application. See the Trail and Walkway design on High Country Engineering Plans included as an Exhibit to this Application. Also attached is Safe Route to School Plan developed for the new Riverview School in a joint effort by the Roaring Fork School District, Garfield County, RFTA, and Colorado Parks and Wildlife. The trails at Flying M Ranch connect to the Safe Route that provides access from Riverview School to the Rio Grande Trail and then north to Glenwood Springs and south to the Ironbridge and Westbank communities. The Safe Route also addresses pedestrian/bike safety at the crossing of County Road 154 and the Rio Grande Trail. See the Safe Route to School Plan attached as an Exhibit to this application. Flying M Ranch Planned Unit Development Application November 1, 2018 Comprehensive Plan & Intergovernmental Agreements General Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and Green, P.C. in a Comprehensive Plan Analysis and is included as an Exhibit to this Application. Exhibits A Title Commitment – Lot 2 & Lot 3 B Balcomb & Green Conformance to Comprehensive Plan Report C High Country Engineering Impact Analysis and Utility Report D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property F Development Agreement and Subdivision Improvements Agreement G Phasing Plan Letter H Rezoning Justification Report I Master Declaration for The Flying M Ranch P.U.D. J Easement Deed and Agreement for Access Road and Utilities K Geotechnical Engineering Study L Design Guidelines M Planned Unit Development Guide N Safe Routes to Schools Map O High Country Engineering Preliminary Plan/P.U.D. Map Exhibit A Title Commitment – Lot 2 & Lot 3 PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Customer Distribution Our Order Number: ABH63012356 Date: 11-10-2017 Property Address: LOT 2 EASTBANK MINOR, GLENWOOD SPRINGS, CO 81601 For Title Assistance SUSAN KOPPMAN 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4105 (phone) 303-393-4842 (fax) skoppman@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner EASTBANK LLC Delivered via: Delivered by Attorney BALCOMB & GREEN Attention: CHAD LEE, THOMAS HARTERT, BRITT CHOATE PO DRAWER 790 818 COLORADO AVE GLENWOOD SPRINGS, CO 81602 970-945-6546 (work) 970-945-8902 (work fax) clee@balcombgreen.com,thartert@balcombgreen.com,brittc@balcombgr een.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABH63012356 Date: 11-10-2017 Property Address:LOT 2 EASTBANK MINOR, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower: Seller:EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $211.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $211.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABH63012356 Customer Ref-Loan No.: Property Address: LOT 2 EASTBANK MINOR, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 10-12-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOT 2, EASTBANK, LLC MINOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716 COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2017 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABH63012356 The following are the requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. THE FOLLOWING WILL BE REQUIRED SHOULD THE COMPANY BE REQUESTED TO ISSUE A FUTURE COMMITMENT TO INSURE: 1.RELEASE OF DEED OF TRUST DATED MAY 09, 2017 FROM EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $400,000.00 RECORDED MAY 16, 2017, UNDER RECEPTION NO. 892445. 2.RELEASE OF DEED OF TRUST DATED MAY 04, 2016 FROM EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $2,350,000.00 RECORDED MAY 09, 2016, UNDER RECEPTION NO. 876951. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012356 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 508, AND RECORDED JUNE 1, 1899 IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND AT PAGE 512. 10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 508, AND AS RECORDED JUNE 1, 1899 IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND AT PAGE 512. 11.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-92 RECORDED OCTOBER 07, 1997 IN BOOK 1037 AT PAGE 381. 12.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012356 TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 13.RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY IN FAVOR OF THE PUBLIC WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATER OF THE ROARING FORK RIVER. 14.ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF THE ROARING FORK RIVER. 15.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 02, 2001 IN BOOK 1230 AT PAGE 47. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK LOT SPLIT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770436. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770443. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED SEPTEMBER 04, 2015 UNDER RECEPTION NO. 867635. 19.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK PARCEL 2 LOT SPLIT RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 813402 AND EASTBANK, LLC MINOR SUBDIVISION RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 813409. 21.TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865784. 22.TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN EASTBANK, LLC LOT LINE ADJUSTMENT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865787. 23.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2015 UNDER RECEPTION NO. 865788. 24.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF ACCESS EASEMENT RECORDED AUGUST 20, 2015 UNDER RECEPTION NO. 867040 AND 867041. 25.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT RECORDED JULY 21, 2016 AT RECEPTION NO. 880064. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012356 26.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION RECORDED SEPTEMBER 20, 2016 AT RECEPTION NO. 882643. 27.TERMS, CONDITIONS AND PROVISIONS OF PERMITS RECORDED SEPTEMBER 15, 2016 AT RECEPTION NO. 882419 AND 882420. 28.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENTS TO PUBLIC SERVICE RECORDED OCTOBER 07, 2016 UNDER RECEPTION NO. 886222 AND 886223. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Commitment For Title Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old republic National Title Insurance Company, A Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (I) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company]. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions[; and a counter-signature by the Company or its issuing agent that may be in electronic form] Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Customer Distribution Our Order Number: ABH63012357 Date: 11-10-2017 Property Address: LOT 3 EASTBANK MINOR, GLENWOOD SPRINGS, CO 81601 For Title Assistance SUSAN KOPPMAN 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4105 (phone) 303-393-4842 (fax) skoppman@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY Delivered via: Delivered by Attorney BALCOMB & GREEN Attention: CHAD LEE, THOMAS HARTERT, BRITT CHOATE PO DRAWER 790 818 COLORADO AVE GLENWOOD SPRINGS, CO 81602 970-945-6546 (work) 970-945-8902 (work fax) clee@balcombgreen.com,thartert@balcombgreen.com,brittc@balcombgr een.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABH63012357 Date: 11-10-2017 Property Address:LOT 3 EASTBANK MINOR, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower: Seller:EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $211.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $211.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABH63012357 Customer Ref-Loan No.: Property Address: LOT 3 EASTBANK MINOR, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 10-12-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOT 3, EASTBANK, LLC MINOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716 COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2017 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABH63012357 The following are the requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012357 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 508, AND RECORDED JUNE 1, 1899 IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND AT PAGE 512. 10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 508, AND AS RECORDED JUNE 1, 1899 IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND AT PAGE 512. 11.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-92 RECORDED OCTOBER 07, 1997 IN BOOK 1037 AT PAGE 381. 12.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 02, 2001 IN BOOK 1230 AT PAGE 47. 13.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK LOT SPLIT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770436. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012357 14.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770443. 15.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED SEPTEMBER 04, 2015 UNDER RECEPTION NO. 867635. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK PARCEL 2 LOT SPLIT RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 813402 AND EASTBANK, LLC MINOR SUBDIVISION RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 813409. 18.TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865784. 19.TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN EASTBANK, LLC LOT LINE ADJUSTMENT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865787. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2015 UNDER RECEPTION NO. 865788. 21.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF ACCESS EASEMENT RECORDED AUGUST 20, 2015 UNDER RECEPTION NO. 867040 AND 867041. 22.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT RECORDED APRIL 1, 2016 AT RECEPTION NO. 875479. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Commitment For Title Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old republic National Title Insurance Company, A Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (I) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company]. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions[; and a counter-signature by the Company or its issuing agent that may be in electronic form] Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Exhibit B Balcomb & Green Conformance to Comprehensive Plan Report FLYING M RANCH PUD COMPREHENSIVE PLAN ANALYSIS A. Consistency with Garfield County Comprehensive Plan The proposed PUD is consistent with Garfield County’s Comprehensive Plan, which incorporates the Glenwood Springs comprehensive plan because the site is located within the City’s Urban Growth Boundary (UGB). Under Garfield County’s Comprehensive Plan, UGBs are the “preferred locations” for growth that would require “urban level” facilities. (GarCo Comp, Page 22). Additionally, the Garfield County Comprehensive Plan requires that, at least within UGBs, that the individual project be consistent with local land use plans. On the other hand, if this site were outside of the City’s UGB, Garfield County’s Comprehensive Plan would seek to retain a “rural” character. Therefore, because this site is within the City’s UGB, the Garfield County Comprehensive Plan encourages urban level development to take advantage of the existing infrastructure and utilities already existing adjacent to the site. (GarCo Comp, Page 37-39). • “OVERALL VISION: Garfield County is dedicated to managing and directing growth to dedicated Urban Growth Areas and other areas that can accommodate growth cost effectively, in order to create thriving communities while promoting a diverse, sustainable and healthy economy, protecting wildlife, maintaining or improving the quality of our natural environment, and preserving the county’s rural and western heritage.” (GarCo Comp, Page 21). Below is a discussion of consistency with the Glenwood Springs Comprehensive Plan. B. Consistency with Glenwood Springs Comprehensive Plan Because the proposed PUD is within the City of Glenwood Springs’ UGB, Garfield County defers to the City of Glenwood Springs Comprehensive Plan for guidance. The City’s Comprehensive Plan defines the UGB as: • “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. …. 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.” (GWS Comp Plan Page 20, emphasis added) 1. Density Neither Comprehensive Plan defines what constitutes “urban level” density. But Garfield County’s 2030 Comprehensive Plan Future Land Use Map designates this parcel as Residential Medium (6 to <10 Acres / Dwelling Unit). Additionally, the Garfield County Code allows a density of up to 15 dwelling units per acre where there is access to public water and sewer systems. (GCLUR § 6-401(C)(2)(C). This PUD will connect into the Roaring Fork Water and Sanitation District public water and sewer systems, and is therefore appropriate for up to 15 dwelling units per acre. That said, the maximum residential density within this PUD is 6.72 dwelling units per acre. Therefore, it represents a reasonable density appropriate for the transition area between UGB and Garfield County jurisdiction. 2. Housing The City’s Comprehensive Plan contains several provisions encouraging the creation of attainable housing. The lack of affordable and attainable housing in the Glenwood Springs area has been an issue for decades. Diverse Housing Stock (GWS Comp Plan, Page 72) • “It is important to create a community in which people can live, work, play and raise a family. Since 2000, jobs have increased at nearly twice the rate of housing units. This has led to a greater imbalance between jobs and housing and to increased commuting and traffic congestion. To create a sustainable community with the characteristics desired by current residents, it is necessary to increase the supply of housing relative to employment.” Strategic Housing Plan, 2010 • The City encourages a variety of housing types, sizes and costs throughout the community and in each neighborhood. A variety of housing types will create the opportunity for households with diverse characteristics.” Like the City’s Plan, Garfield County’s Comprehensive Plan encourages a diverse stock of housing available to a variety of incomes (Garco Comp, Page 41). The County’s Plan states that housing should be located near existing infrastructure and amenities so that families can “live, work, and play in their communities.” It also sets a goal to “bring about a range of housing types, costs, and tenancy options.” Additionally, the Plan encourages attainable housing in the Roaring Fork Valley that which is closer to upper valley work without having to pass through the traffic bottleneck of Glenwood Springs. The Flying M Ranch PUD will provide a diverse stock of housing. Rather than creating 1-2 acre lots with large homes, this PUD will immediately result in over 35 eco efficiency units, as well as a hospice facility. Future phases of the PUD will likely provide condominiums, townhomes, single family homes, and an assisted living facility. Indeed, the PUD contains an incredible potential for a diversity of housing types. Additionally, the Glenwood Springs Comprehensive Plan encourages the creation of rental opportunities: Ensure Rental and Ownership Opportunities. • “Both homeownership and rental opportunities are needed because not every member of the workforce wants to purchase a housing unit. To maintain the existing ratio between rental and ownership units into the future, a percentage of homes built for occupancy by residents should be for rent. Different types of dwelling units – apartments, duplexes, and single-family houses – should be available for rent at affordable rates. …” Encourage Greater Variety in Housing Types and Prices. • To meet the diverse housing needs of Glenwood’s current and future population, an increase in range of housing types and price levels is needed. A greater range of housing types will enable the City to better meet the needs of young adults that wish to stay in the community, a greater number of our workforce, and those who no longer wish to maintain large properties (seniors, empty-nesters, weekend warriors). Encourage a Mix of Densities and Unit Types within New and Redevelopment Projects • “… [T]he City should encourage a mix of densities and unit types. A benefit of mixing densities and unit types is that it allows families and individuals in different life stages … to co-exist in neighborhoods. It permits families that have established long-term ties to a neighborhood or location to find larger and/or smaller homes as they change life stages without having to move to another part of town.” Again, the Flying M Ranch PUD is proposed to provide a wide variety of housing types, and will immediately result in over 35 eco-efficiency units available for rent. 3. Development South of Glenwood Springs Within Its UGB According to the Glenwood Springs Comprehensive Plan, the area South of Town has been “under-utilized’ and has the potential to include “higher density” residential uses, at least higher than the “large lot residential subdivisions” approved by Garfield County south of town. In order words, the City and the County desire higher density housing options and types within the City’s UGB. The Comprehensive Plans for both jurisdictions specifically advise against large lot residential subdivisions. South of Town. (GWS Comp Plan, Page 123). • South of Glenwood Springs, there are several vacant and/or under-utilized parcels that have potential to include at least some portion of higher density residential uses and/or a mix of uses.” (Page 78, emphasis added). • “Over the past 2 decades, a number of large lot residential subdivisions have been approved by Garfield County in the areas south of town. The Urban Growth Boundary has been expanded to include the most proximate parcel of land in this area, to better help shape the form and impact of future development.” (Page 123, emphasis added). 4. Economic Development Both Comprehensive Plan encourage economic development. Economic Development (GWS Comp Plan, Pp 49–51) • Values and Vision for Economic Development • Influence of mining, oil and gas, and construction related industries has made City susceptible to boom and bust economic cycles. “Therefore, City must work to further diversity its economy in order to minimize the impacts of the boom and bust cycle.” • “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.” • “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.” • “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.” • Encourage Housing • “In recent years, the high cost of housing has likely deterred businesses from locating in the city. The City should continue to encourage the development of affordable and attainable housing, especially multi-family and rental units, as recommended in the Strategic Housing Plan.” From the City’s Comprehensive Plan, it is clear that housing and economic development are intertwined. This PUD will create workforce housing, which will encourage businesses from locating in the City. Additionally, by creating a place for a much-needed Hospice facility, and potentially a long-term care facility, the PUD will further encourage Glenwood’s burgeoning health care industry. 5. Recreation, Open Space, and Trails Garfield County’s Comprehensive Plan recognizes the value of open lands, recreational opportunities, parks, trails, and rivers. Access to these amenities contributes to quality of life, and is important to County residents and the tourism sector of the local economy. • Goals Assure that new residential development provides recreation opportunities for county residents that are appropriate to the density and type of development or that contribute land and/or funding to a county-wide trail and recreation system.” (GarCo Comp Plan, Pp 54). The proposed PUD contains a public river walk trail, accessible during all daylight hours. It will provide an incredible recreational amenity for all County residents, and provide valuable river and fishing access in an area that otherwise would be private property. 6. Conclusion. With its diversity of housing stock, employment and economic opportunities, and recreational amenities, the Flying M Ranch PUD responds to the goals and needs expressed in both the Garfield County and Glenwood Springs Comprehensive Plans. This proposal presents a wide variant of housing options. Rather than proposing single family homes on large lots, the PUD has the opportunity for eco-efficiency units, townhomes, condominiums, single family homes, and end of life care. In this way, it not only meets the needs of the community, but also meets the intent of the Comprehensive Plan. Exhibit C High Country Engineering Impact Analysis and Utility Report Flying M Ranch PUD Preliminary IMPACT ANALYSIS/UTILITY REPORT PREPARED FOR: EASTBANK, LLC Garfield County, Colorado Prepared By: HIGH COUNTRY ENGINEERING, INC. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 HCE Project No. 2151007.00 July 11, 2018 Revised: November 1, 2018 TABLE OF CONTENTS FIGURES ................................................................................................................................. 2 Vicinity Map ................................................................................................................ 2 INTRODUCTION ................................................................................................................... 3 Location ......................................................................................................................... 3 Existing Land Use .......................................................................................................... 3 WASTEWATER SYSTEM .................................................................................................... 3 Sanitary Sewer System .................................................................................................. 3 Local Sanitary Sewer System ........................................................................................ 4 WATER DISTRIBUTION ...................................................................................................... 6 WATER IRRIGATION ........................................................................................................... 8 DRY UTILITIES ..................................................................................................................... 8 FLOODPLAIN ANALYSIS .................................................................................................. 10 ACCESS AND ROADWAYS ............................................................................................... 11 GEOTECHNICAL REVIEW .............................................................................................. 155 DRAINAGE DESIGN ......................................................................................................... 198 CONCLUSION ...................................................................................................................... 19 APPENDICES Appendix A Will Serve Letters Appendix B Calculations for Water and Sewer Usage Appendix C WaterCad Analysis 1. Fire Flows Calibrated to SGM model 2. Fire Flows for PUD with Loop through School Closed 3. Fire Flows for PUD with Loop through School Open 4. SGM provided Information Appendix D Floodplain Maps 1. 1987 FEMA map 2. 2015 Preliminary FEMA map 3. PUD map Showing floodplains Appendix E Geotechnical Report 2 3 INTRODUCTION Location The 33.9-acre Flying M Ranch PUD is a proposed development that consists of residential and commercial/industrial use. The site is located in Section 35 of Township 6 South, Range 89 West of the 6th Principal Meridian, Garfield County Colorado. The project is bounded to the north by private properties, on the south by private property and the Roaring Fork River, on the east by County Road 154, and to the west by private property. State Highway 82 is located adjacent to County Road 154 to the east and access is approximately 800-ft on County Road 154 to Highway 82. Existing Land Use The project site consists of an existing Equine Hospital and Diesel Automotive shop on Lot 2 and undeveloped land for Lot 3. Lot 2 additionally encompasses the site access road which will serve the development and currently serves the Riverview School. The site historically was a gravel pit and concrete company. Much of the site has experienced former excavation from the gravel pit operations and other industrial uses over the years. Currently a portion of Lot 2 is being used by Gould construction for storage, crushing and other material operations. A waste and recycling operation also spent a number of years on the site. Lot 3 is undeveloped land and currently has minimal use and is covered with native grasses and sagebrush. WASTEWATER SYSTEM Sanitary Sewer System With the construction of the new Riverview School, the Roaring Fork water and Sanitation District extended their sewer service to include the Flying M Ranch Area. The entire site is 4 now within the service Area for the District. Site specific line extension agreements will still need to be completed with new development. Commitment to serve letters are provided with the PUD Submittal. The work that was completed by the district as well as the owner of Lot 2 is shown on the map on the following page. These extensions were completed in anticipation of line extensions for development that may occur in this area. Much of the infrastructure is currently located on Lot 2 including water and sewer mains and the Sewer Lift station, which was installed to accommodate the new school and the future development. Local Sanitary Sewer System The Roaring Fork Sanitation District extension into the proposed PUD has been anticipated and would simply be an extension to the now existing gravity lines that are serving the Riverview School. A map showing the existing lines completed in 2017 and the proposed extensions is attached on the following page. It can be seen on this map on the following page the proposed sewer for the school at the time of development, along the Roaring Fork River and existing gravel access road, to the west from the line that serves the school and easterly from the lift station, along the Roaring Fork River and Lower Access Rd, to serve the Eastern side of the development. The new proposed sewer alignment to the west from the line that serves the school will be along the Roaring Fork River for about 700 feet and then along the extension of Flying M Ranch Rd through Parcel F. The Commercial/Industrial area currently has the sewer mains in place for expansion and inclusion into the District. The PUD plans provide detail for the sewer extensions with placement of manholes and sizing and slopes for the sewer. HCE has maintained a minimum 0.6% slope for the new lines and has verified that a minimum pipe size of 8” is adequate. An 8” line can provide sewer for the entire development and future development and will still have additional capacity. In our case the development also splits and some flow gets to the lift station from the east (Eco-efficiency homes and Upper bench commercial) and the rest comes from the west including the school district and the rest of the development. Calculations have been provided in the Appendix B. 5 ROARING FORK WATER AND SANITATION DISTRICT SERVICE EXTENSION 2017 6 WATER DISTRIBUTION Water Distribution With the construction of the new Riverview School, the Roaring Fork water and Sanitation District extended their water service to include the Flying M Ranch Area. The entire site is now within the service Area for the District. Site specific line extension agreements would still need to be completed with new development. Commitment to serve letters are provided with the PUD Submittal. The work that was completed by the district with the School District, as well as the Owner of these parcels is shown on the map on the previous page. The waterlines are shown in blue and the area completed highlighted with a red balloon line. The primary extension from Ironbridge was a 12” main. Much of the infrastructure is currently located on Lot 2 including water and sewer mains and the Sewer Lift station, which were installed to accommodate the new school and future development. The proposed PUD design includes the addition of 8” class 52 DIP waterlines and 6” Fire Hydrants to serve all of the proposed development. These lines were extended from the mains completed with the school district improvements. Two loops are also included within the development. One loop connects from the intersection of Flying M Ranch Road and the school district entrance easterly through the Eco-efficiency homes and up to County Road 154, where a tee was installed to accommodate this connection to the existing 12” watermain. The other loop is a future loop through the school district property that would connect from the end of the line on Parcel F through the northern part of the school district property and connect to the 8” main that was completed east of the school. The first loop was necessary for water quality and the second loop was required to meet minimum 1500 GPM flows in Parcel F as well as water quality. Demands were determined based on the residential use options within parcels B-F use options and both the residential and office use for the A Parcel. The overall average day demands for residential utilizing 140 GPD/EQR for domestic use and 211 GPD/EQR for irrigation worked for 232 EQR’s was 81,432 GPD or 84.83 GPM for a 16 hour use day. The commercial was calculated based on use of 52 gallons/1000 sf/ day and 35,000 sf of 7 office space. This added another 1820 GPD or 1.90 GPM for a 16 hour use day. This brought the overall average day demand for this development to 86.73 GPM. The max day was multiplied by 2 to bring the demand up to 173.46 GPM. The pear flow was determined based on a multiplier of 2.5 to the average day flow which yielded a peak flow of 216.83 GPM. Fire Demand Fire Flows were determined utilizing Haestad methods WaterCAd V8 software to develop a water model for the proposed development. SGM provided numbers for fire flows and demands that were prepared for the School district for us to calibrate our model to. Then we added the proposed demands to the calibrated model to develop the onsite fire flows. Per the SGM reference fire flows were to be a minimum of 1500 gpm for a four hour flow duration. See numbers below from model with loop closed. Label Fire Flow (Available GPM) Pressure (Calculated Residual )(PSI) Node where lower limit of 20 PSI is located Meets Fireflow (1500 GPM) (Y OR N) H-5 1609.93 29.6 H-14 Y H-10 1799.82 21.9 H-4 Y H-3(PARCEL F) 1224.13 20.0 J-21 N See numbers below from model with loop open. Label Fire Flow (Available GPM) Pressure (Calculated Residual )(PSI) Node where lower limit of 20 PSI is located Meets Fireflow (1500 GPM) (Y OR N) H-5 1777.75 27.3 H-14 Y H-10 1789.73 28.0 H-3 Y H-3(PARCEL F) 1614.30 20.0 H-14 Y 8 Fire demands were determined in the design and construction of the waterline extension to the school district by SGM with a water model developed for the Roaring Fork Water and Sanitation District. Their model nd there was a minimum of 1700 GPM + provided to the school for 4 hours. HCE has modeled the system with the parameters provided by the district from the School model and have verified that the flows available throughout the development will remain above 1500 GPM during a max-day analysis. All future proposed structures will be required to work within these parameters for on-site fire protection. Fire Protection is provided by Glenwood Springs Fire Protection District. Results of the fire flows are attached in the appendix. WATER IRRIGATION No raw water irrigation is proposed for the PUD. All irrigation use shall be provided by the Roaring Fork Water and Sanitation District. HCE anticipated irrigation usage of approximately 7-8 acres which falls within the calculation from the district of 211 gallons per day per EQR (See Appendix B). In general terms the Glenwood Ditch that runs off-site along the northeast side of the properties is owned by a formal, incorporated Ditch Company. Eastbank, LLC owns shares in that Ditch Company and has certain surface use water rights for irrigation and related activity. On site “ditches” are historic lateral conveyances and generally subject to relocation. This development and subdivision does not impact any active irrigation conveyances. DRY UTILITIES Electric The point of contact for electrical service is Sam Wakefield with Xcel Energy (970-625- 6028). 9 Currently there is an Xcel Energy three-phase power that has been extended from the overhead electrical feeder on CR 154 and was extended down the new access to the Riverview School. This line has been looped through the upper commercial/industrial area and back out to CR 154. We are proposing all connections within the PUD to extend off of the main lines near the school at the intersection of Flying M Ranch and North Access roads. These connections will feed down Upper Access, Lower Access and Flying M Ranch roads to provide electric utility to the proposed residential developments. The developer will be responsible for costs associated with extending the electric utility through the PUD. Two existing poles will need to be relocated or removed that are currently feeding the Gould yard and the Storage building within the eco efficiency home area. Gas The point of contact for gas service is Matt Raper with Black Hills Energy (970-928-0407). Gas has also been extended to the school and is in the same access corridor as the electric. Black Hills Energy designed and installed the existing gas main from the intersection of CR 154 and CR 109 that extends to the school. Similar to the electric utility, we are proposing all connections within the PUD to extend off of the main lines near the school at the intersection of Flying M Ranch and North Access roads. These connections will feed down Upper Access, Lower Access and Flying M Ranch roads to provide gas utility to the proposed residential developments. Will serve letters have been provided with the application. Cable The point of contact for cable service is Michael Johnson with Comcast Cable Television (970-930-4713). Comcast Cable has also been extended to the school and is in the same access corridor. Existing extension lines were designed and installed from the intersection of CR 154 and the North access into the school. Similar to the electric utility, we are proposing all connections within the PUD to extend off of the main lines near the school at the intersection of Flying 10 M Ranch and North Access roads. These connections will feed down Upper Access, Lower Access and Flying M Ranch roads to provide cable utility to the proposed residential developments. Telecommunications The point of contact for telecommunications service is Jason Sharpe with CenturyLink (970- 309-2973). Centurylink telephone has also been extended to the school and is in the same access corridor. Existing extension lines were designed and installed from CR 154 and the North access into the school. Similar to the electric utility, we are proposing all connections within the PUD to extend off of the main lines near the school at the intersection of Flying M Ranch and North Access roads. These connections will feed down Upper Access, Lower Access and Flying M Ranch roads to provide telephone utility to the proposed residential developments. FLOODPLAIN ANALYSIS HCE has reviewed the available floodplain information for the site and there are currently two available maps depicting FEMA flood information. The current map in effect is a 1986 map which shows the area generally and indicates that some portion of Parcel B near the lift station is within the floodplain this mapping was completed utilizing the 1929 vertical datum which is approximately 4’ lower than the newer mapping which utilizes the NAVD 1988 datum. This is shown on the PUD map also attached in Appendix D. The more recent data prepared in 2015 based on updated topographical information and GIS spatial information shows the same area utilizing the 1988 NAVD. This mapping can be more readily overlaid to other mapping due to the GIS background photo information. This makes the accuracy much better in determining the 100 year floodplain elevations. HCE utilized this more recent information due to the increased accuracy and understanding that this mapping is expected to be finalized in the very near future. Additionally with FEMA 11 mapping there is inaccuracy due to the localized topography and we have further verified the actual limits of floodplain including an additional 1’ to offset the potential increase of floodway elevations in the event that floodplain development occurs upstream of this development. These elevations are also shown on the PUD mapping along with minimum finish floor elevations where the floodplain is within 10’ of the existing ground surface. With this information we have determined that all of the proposed development is above the at least 1’ above the 100 year floodplain elevations. See Appendix D. ACCESS AND ROADWAYS The proposed roadways throughout the site are all private easements, not public Right of Way, and are in compliance with Sections 7-107 and 7-302(N) of the Garfield County Land Use Code for Phase I development. Road designs for the maximum traffic anticipated for each parcel have been taken into consideration for future phases; however, off-street parking will need to be designed during the building permit process for each parcel. The Access to the site is via CR 154 at two different access points. Flying M Ranch Road to the school district was completed in 2017 that provides access to Parcels A, C and D. The access way through Parcel A from Flying M Ranch Road to the shared ingress and egress access way easement (Reception No. 867041) on FedEx requires a design waiver in a number of categories assuming the rural access classification with Table 7-107; please see attached waiver request. Parcel E and F will be accessed from an extension of Flying M Ranch Road when those parcels develop. The last parcel B will access off of Flying M Ranch road and will extend up to CR 154 to be a secondary access for the development. Felsburg Holt and Ullevig prepared a traffic study for the development and analyzed the turning movements at CR 154 and at State Highway 82. Per their report the access point will not require modification mostly due to the majority of this traffic being anticipated with the School district property and turning movements at CR 154 were installed when the main access was installed. Maintenance of the roads will be per a joint use agreement with the Flying M Ranch PUD, its successors, the School District and the users within the development. Emergency access is provided through the development via an emergency access easement 12 through the School District property that would allow access through a gate on the north end of the Flying M Ranch Development. This emergency access connects back to Flying M Ranch road southeast of the school to complete a traffic circulation loop during future phases. This intersection also crosses to the access the road demarked as Upper Access which connects out to CR 154. A lower road demarked as Lower Access Road with a T- shaped turnaround intersects from the Upper Access to provide access to the Eco-Efficiency development. Lower Access Road is less than 600 feet in length, which is in compliance with Section 7-107 to allow a Dead-end street. With the completion of this loop and roads shorter than 600 feet, all roads within the subdivision meet the 600 foot Dead-end street requirement. This layout was reviewed with road and bridge and determined to be acceptable with the agreement that if a future access becomes available off of the Lower Access Road that the connection to CR 154 from Upper Access Road would be blocked. It is the intent of this statement that if the adjacent neighbor is willing to allow vehicles to pass through their development along their access out to CR 154, this owner of Parcel B or successors will be obligated to utilize that access and close the Upper Access Rd connection to CR 154. HCE also discussed this proposal of keeping the secondary access from the eco-efficiency area with Garfield County Road and Bridge who recommended at the Sketch plan level to eliminate this access to CR 154. HCE discussed the importance from the county code and emergency access that without this access this community would only have one access out of the development. The layout as proposed intersects with Flying M Ranch Road to the West and goes through Lot C1 and Parcel B to the East before intersecting at CR 154. The area to the west was also looped through the School district property so there was effectively a “figure 8” loop around the development with the two accesses onto CR 154 which created redundancy with emergency access out of the development at two different points. Pedestrian Access shall be provided via a proposed bike path within the development that will connect parcels A-F as the project develops. The goal is to have inter-connectibility with the school and the individual parcels. The path will be located along the river and 13 constructed to a width of 10’. With the addition of the path we have proposed that there will not be any sidewalks on the main roads unless they are developed within each parcel specifically for the benefit of the parcel. Currently parcel B shows sidewalks adjacent to the parking spots and the sidewalk provides access for the Eco efficiency homes. Per excerpts from the Traffic Study from Felsburg, Holt and Ullevig, the developer is proposing to construct the Flying M Ranch PUD, which is a new mixed-use site on mostly undeveloped land in Garfield County. The proposed development has three potential land use mixes. Zone 1 currently has 10,000 square feet (10 KSF) of business uses. In all three scenarios zone 1 would add 12.5 KSF of office space, 12.5 KSF of shopping center, and 4 auxiliary dwelling units for business owners. In all three scenarios zone 2 would include 36 single family homes and 60 townhomes and condos. In Scenario 1, zone 3 would include a 40 KSF nursing home; a 40 KSF assisted living facility, and 28 additional townhomes and condos. In Scenario 2, zone 3 would include a 40 KSF nursing home and an 80 KSF assisted living facility. In Scenario 3, zone 3 would include an additional 128 townhomes and condos. Full-movement vehicular access to the site would be provided to CR 154 at the southeast end of the site, sharing existing access with the current Federal Express (FedEx) facility for zone 1 and the existing Riverview School access plus an additional full-movement vehicular access further south on CR 154 for the remaining zones. The FHU report, No. 17-349-01, provides an evaluation of the potential traffic impacts related to the Flying M Ranch development and identifies roadway and traffic control improvements required as a result. Trip generation for all three land use mixes were provided and it was determined that scenario 3 had the highest trip generation potential and was therefore used for the analysis of the site. The analyses considered two future scenarios: Short Range Future- This scenario examined the traffic impacts of 12.5 KSF of office space, 12.5 KSF of min-warehouse, 4 auxiliary dwelling units, 36 single family homes and 188 townhomes and condos for the near-term future (year 2020). 14 Long Range Future- This scenario examined the traffic impacts of 12.5 KSF of office space, 12.5 KSF of min-warehouse, 4 auxiliary dwelling units, 36 single family homes, and 188 townhomes and condos within the context of a year 2040 horizon. The proposed development is expected to generate approximately 160 new vehicle-trips during the weekday AM peak hour and about 160 new vehicle-trips during the weekday PM peak hour. The estimated weekday new daily trip generation potential would be about 2,000 trips. The potential traffic impacts due to this additional traffic were evaluated under both Short Range Future (year 2020) and Long Range Future (year 2040) scenarios. In general, the adjacent roadway system and intersections would possess capacity to accommodate the projected traffic volumes. The Rio Grande Trail crosses CR 154 approximately 550 feet south of the intersection with SH 82. Two potential queuing issues were analyzed related to the trail crossing: (1) queue lengths exceeding the available lane storage lengths, and (2) excessive queues blocking the trail crossing. SimTraffic queuing analyses were conducted to evaluate the potential for queuing along CR 154 interfering with the trail crossing. The analyses indicated that site generated traffic related to the school is not anticipated to routinely interfere with the Rio Grande Trail crossing. The access permit for SH 82 / CR 154 is Permit No. 316048 which was issued in relation to the Riverview School. The access permit is for 600 design hour vehicles (DHV) along CR 154. The highest peak hour for the development is 160 vehicles of which approximately 80 percent are expected to use the intersection of SH 82 and CR 154 for 125 DHV needing access during the PM peak hour. This translated to an increase of 20.8 percent of the permitted 600 DHV. However, due to lower than expected volumes from the Riverview School and Flying M Ranch will take place of an additional school on the property long range projections of 617 DHB translate to an increase of only 2.8 percent increase. CDOT 15 staff has indicated that a change in access will not be required per discussions with Dan Roussin and Phillip Dunham on 10/2/18. Based on the SHAC, speed change lanes were needed at the SH 82 / CR 154 intersection both with and without the proposed development. Two of the lanes are currently provided and no changes were recommended to these lanes. A third lane, a northbound to eastbound right turn acceleration lane, would be ideal. However, due to physical constraints adding complexity and cost to providing this lane, it was recommended that the northbound right turn movement be converted to a protected only movement, thereby avoiding the need for the acceleration lane. The northbound right movement is light during peak times and not expected to create significant delays with the suggested restriction. No additional turn lanes or extensions of existing turn lanes were recommended with this development. Roadway sections are an extension of the section completed during the roadway construction for the school district. This section consists of two 12’ lanes, and 24” curb and gutter. Sidewalks are not proposed in lieu of a bike/Pedestrian path connecting the residential portions of the developments. The bike path is proposed to be a concrete path. The path will be constructed along the river side of the project through parcel B ,C, D, E, & F. Parcel A is not included and is not anticipated to ever be included due to the long range planning connecting the School District to surrounding communities and the Upper portion of Flying M Ranch Road currently does not fit within those plans. This portion was designed with the school district to have that option potentially in the future if required. GEOTECHNICAL REVIEW HP Kumar prepared a report titled “ Preliminary Geotechnical Study Proposed Flying M Ranch Development, Flying M Ranch Road and County Road 154, Garfield County Colorado” Project no. 18-7-151 dated April 10, 2018. This report discusses geologic conditions and provides Engineering Analysis and preliminary design recommendations. This report is included as Appendix E. The following is an excerpt from the report regarding the Geologic conditions. 16 Geologic Conditions The project site is located in the Carbondale Collapse Center. The Carbondale Collapse Center formed in the late Cenozoic due to evaporite tectonism. The Eagle Valley Evaporite migrated plastically upwards and laterally toward the Colorado River and Roaring Fork River bottoms due to a reduction in vertical stress caused by the erosion of overburden material by the rivers. Subsidence occurred in areas of the thinned evaporite and beneath the rivers due to dissolution (Kirkham, and Others, 2003). Much of this subsidence appears to have occurred within the past 3 million years which also corresponds to high incision rates of the Roaring Fork and Crystal Rivers (Kunk and Others, 2002). It is uncertain if the regional subsidence is still an active geomorphic process or if evaporite subsidence has stopped. If still active, present deformations may be occurring at rates similar to past long- term rates of between 0.5 and 1.6 inches per 100 years. These slow deformation rates should not present a potential risk to the proposed development area. Subsidence Potential Bedrock of the Pennsylvanian age Eagle Valley Evaporite underlies the subject site. These rocks are a sequence of gypsiferous shale, fine-grained sandstone and siltstone with some massive beds of gypsum and limestone. There is a possibility that massive gypsum deposits associated with the Eagle Valley Evaporite underlie portions of the property. Dissolution of the gypsum under certain conditions can cause sinkholes to develop and can produce areas of localized subsidence. During previous work in the area, several sinkholes were observed scattered throughout the lower Roaring Fork River valley, generally associated with the Eagle Valley Evaporite. Sinkholes were observed in the immediate area of the backfilled gravel pit at the subject site. After further exploration, these sinkhole features were attributed to variably placed fill, however, based on our present knowledge of the subsurface conditions at the site, it cannot be said for certain that sinkholes associated with the underlying evaporite will not develop. 17 The risk of future ground subsidence at the subject site throughout the service life of the proposed development, in our opinion, is low; however, the owner should be made aware of the potential for sinkhole development. If further investigation of possible cavities in the bedrock below the site is desired, we should be contacted. Hydro-Compressive And Collapsible Soils The variable fill soils encountered at the site tend to settle when they become wetted. A shallow foundation placed on the variable fill soils will have a risk of settlement if the soils become wetted and care should be taken in the surface and subsurface drainage around structures in the proposed development to prevent the soils from becoming wet. It will be critical to the long term performance of the structures that the recommendations for surface grading and subsurface drainage contained in site-specific reports for the individual buildings be followed. Settlement in the event of subsurface wetting could cause building distress. Removal of the fill, and replacement in a moisture adjusted and compacted condition is recommended. Earthquake Considerations Historic earthquakes within 150 miles of the project site have typically been moderately strong with magnitudes less than 5.5 and maximum Modified Mercalli Intensities less than VI. The largest historic earthquake in the project region occurred in 1882. It was located in the northern Front Range and had an estimated magnitude of about M6.2 ± 0.3 and a maximum intensity of VII. Historic ground shaking at the project site associated with the 1882 earthquake and the other larger historic earthquakes in the region does not appear to have exceeded Modified Mercalli Intensity VI (Kirkham and Rogers, 1985). Modified Mercalli Intensity VI ground shaking should be expected during a reasonable exposure time for the residence, but the probability of stronger ground shaking is low. Intensity VI ground shaking is felt by most people and caused general alarm, but results in negligible damage to structures of good design and construction. 18 Radiation The project site is not located on geologic deposits that would be expected to have high concentration of radioactive minerals. However, there is a potential that radon gas could be present in the area. It is difficult to assess future radon gas concentrations in buildings before the buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentration. Preliminary Design Recommendations - Site Grading The on-site soils and well broken bedrock, excluding topsoil and debris, appears suitable for roadway and building pad construction with proper processing and placement. Structural fill up to about 10 feet deep placed for building pads, roadway embankments and below other pavement areas, should be compacted to at least 95% of the maximum standard Proctor density (SPD) at a moisture content within 2% of optimum. This will likely require moistening and mixing the materials prior to use as structural fill. We estimate the onsite soils and well broken bedrock will have long term settlements of about 1 to 2% of their fill depth when placed to 95% SPD. Higher degree of compaction for fills greater than about 8 to 10 feet deep and use of a relatively well graded granular material are desirable to limit fill settlement and distress to facilities constructed on the fill. Miscellaneous fill can consist of the on-site soils and well broken bedrock and should be compacted to at least 90% SPD. We should review the site grading plans when developed. Prior to the fill placement, the subgrade should be carefully prepared by removing all vegetation, topsoil and existing fill, scarifying to a depth of about 8 inches (except bedrock or dense gravel), adjusting to near optimum moisture content and compacting to at least 95% of the maximum s tandard Proctor density. S.oft subgrade areas may require stabilization prior to fill placement. The subgrade can probably be st bilized by sub-excavating around 1to 2 feet and placing coarse granular soils. Providing a geogrid on the subgrade, such as Tensar TX140, would help to decrease the amount of coarse granular soils needed for stabilization. Crushed and processed (angular) base course material, such as CDOT Class 2 road base, is more compatible with the triaxial geogrid to 19 reduce the depth of coarse granular soils for stabilization. We should review the field conditions exposed during grading to determine need for sub-excavation of unsuitable soils and use of a geogrid on the subgrade prior to fill placement for pavement section construction. Additionally the report makes recommendations for pavement sections for Flying M Ranch Road and Subdivision Streets. The selected sections are proposed to be 4” asphalt over 12” of base course for Flying M Ranch Road and 4” asphalt over 8” of base course for subdivision roads. DRAINAGE DESIGN The design of the Flying M Ranch PUD drainage was created to provide safe routing of offsite and onsite storm water through the proposed development and to drywells and detention ponds. The storm water facility design will reduce the offsite impacts from the runoff from the site by detaining storm water from onsite basins. The amount of runoff that will flow downstream off the site will be reduced, thus reducing potential negative impacts on the Roaring Fork River. The detention ponds will also allow for storm water runoff cleansing, which will reduce pollutant transport to the Roaring Fork River. Where drywells were feasible we either used a combination of drywells and ponds or just drywells. The benefit to the drywells is that they cleanse the stormwater by percolation through the soils and into the water table which also avoids surface erosion. For larger pass through storm events the overflow paths will be the historic paths over the bank of the Roaring Fork river and into the river corridor. Flows will be spread as much as possible once they pass through wiers or pipe orifices before being released across the bike path or onto the river bank or gently slope bank above lot 3 of the Eastbank, LLC subdivision. This will allow the flows to spread over the top of slope and into the Roaring for river corridor as they have historically. CONCLUSION Wastewater System This preliminary Impact Analysis/Utility report was prepared in compliance with the 20 Garfield County standards and specifications. The wastewater service is with the Roaring Fork Water and Sanitation district and extension into this area has been anticipated. A can and will serve letter has been attached. Extension is based on connecting to prior lines that were installed to serve the School District. Line sizes were anticipated at that time to encompass this development and some future development beyond the Flying M Ranch as well. Line sizes are well under capacity even including the future development. A line extension agreement will be negotiated prior to acceptance of a Final Plat. Water Distribution The Water Distribution service is with the Roaring Fork Water and Sanitation district and extension into this area has been anticipated. A can and will serve letter has been attached. Extension is based on connecting to prior lines that were installed to serve the School District. Line sizes were anticipated at that time to encompass this development and some future development beyond the Flying M Ranch as well. Line sizes were proposed to provide fire flows in excess of 1500 gallon per minute and potentially will flow approximately 350 gallons per minute more once a main line is connected within the Ironbridge development at some future date. A line extension agreement will be negotiated prior to acceptance of a Final Plat. Dry Utilities Dry utilities also were installed into the Flying M Ranch PUD as a result of the School construction in 2017. Services will require extension in to the new proposed area from the stubs at the school district property. These extensions have been anticipated and can and will serve letters have been provided. Floodplain Analysis HCE has utilized the most recent available data from FEMA to verify whether the proposed development will have any impacts from the 100 year Floodplain. Although the floodplain shading impacts several small areas we have verified by elevation that all development is outside of the shown elevations of the anticipated 2015 FEMA Floodplain plus one foot. The 1987 floodplain was also shown but found to be inadequate to determine detailed 21 information similar to the 2015 data. Floodplain impacts only potentially affect Parcel C, and B and Minimum finish floor elevations will be proposed within those parcels to make sure that the elevations are not modified during building permit submittals. Access and Roadways The Access to the site is via CR 154 at two different access points; Flying M Ranch Road and the proposed Upper Access Road. Felsburg Holt and Ullevig prepared a traffic study and per their report, the access point will not require modification. Emergency access is provided through the development via an emergency access easement which connects back to Flying M Ranch road southeast of the school. This intersection also crosses to the access road demarked as Upper Access which connects out to CR 154. The proposed development has three potential land use mixes. Full-movement vehicular access to the site would be provided to CR 154 at the southeast end of the site, sharing existing access with the current Federal Express (FedEx) facility for zone 1 and the existing Riverview School access plus an additional full-movement vehicular access further south on CR 154 for the remaining zones. The proposed development is expected to generate approximately 160 new vehicle- trips during the weekday AM peak hour and about 160 new vehicle-trips during the weekday PM peak hour. The estimated weekday new daily trip generation potential would be about 2,000 trips. In general, the adjacent roadway system and intersections would possess capacity to accommodate the projected traffic volumes. SimTraffic queuing analyses indicated that site generated traffic related to the school is not anticipated to routinely interfere with the Rio Grande Trail crossing. The highest peak hour for the development is 160 vehicles of which approximately 80 percent are expected to use the intersection of SH 82 and CR 154 for 125 DHV needing access during the PM peak hour. This translated to an increase of 20.8 percent of the permitted 600 DHV. It was recommended that the northbound right turn movement be converted to a protected only movement, thereby avoiding the need for the acceleration lane. No additional turn lanes or extensions of existing turn lanes were recommended with this development. Geotechnical Information HP Kumar prepared a geotechnical report for the Flying M Ranch development, Project No. 22 18-7-151 dated April 10, 2018. This report included geologic conditions, subsidence potential, hydro-compressive and collapsible soils, earthquake considerations, radiation analysis and preliminary design recommendations. The project site is located in the Carbondale Collapse Center, which formed in the late Cenozoic due to evaporite. Although subsidence occurred in these areas, these slow deformation rates should not present a potential risk to the proposed development. During previous work in the area, several sinkholes were observed scattered throughout the valley associated with the evaporite. Sinkholes were also observed in the area of the backfilled gravel pit at the proposed site attributed to variably placed fill, but underlying evaporite may cause additional sinkholes. In order to avoid risk of settlement of soils, it is critical to follow the recommendations for surface grading and subsurface drainage contained in site-specific reports for the individual buildings. The probability of stronger ground shaking in the proposed development is low; Intensity VI ground shaking should be expected during a reasonable exposure time for the residence; but results in negligible damage to structures of good design and construction. The project site is not located on geologic deposits that would be expected to have high concentration of radioactive minerals, however, radon gas has a potential to be present. The on-site soils, excluding debris and top soil, appear to be suitable for roadway and building pad construction with proper processing and placement. Subgrade should be scarified, adjusted to optimum moisture content and re-compacted prior to fill placement; geogrid should be provided for softer subgrade areas to decrease the amount of coarse granular soils needed for stabilization. See Appendix E for the full report. Drainage Offsite and onsite storm water drainage has been designed to route safely through the development to drywells and detention ponds via, curb and gutter, swales and storm pipe network. The drywells and detention ponds will cleanse the storm water, thus reducing pollutant transport to the Roaring Fork River. For larger pass through storm events, the overflow will travel along historic paths over the bank and into the river corridor. Flows will be spread as much as possible through weirs, pipe orfices and rip rap before being released across the bike path, river bank or Lot 3 bank. 23 Appendix A Will Serve Letters Version April 20, 2018 WILL SERVE LETTER May 31, 2018 High Country Engineering 1517 Blake Ave Ste 100 Glenwood Springs CO 81601 Re: Flying M Ranch Dear Mr. Levran, This letter is to confirm that Xcel Energy is your utility provider for electrical service. In accordance with our tariffs, on file with and approved by the Colorado Public Utilities Commission, electric facilities can be made available to serve the project at Flying M Ranch in the Eastbank, LLC Minor Subdivision. Your utility service(s) will be provided after the following steps are completed: x Application submitted to Public Service’s “Builders Call Line (BCL)” – once your application is accepted you will be assigned a design department representative who will be your primary point of contact x Utility design is completed – you must provide your design representative with the site plan, the one line diagrams, and panel schedules for electric and gas loads if applicable x All documents provided by design representative are signed and returned x Payment is received x Required easements are granted - you must sign and return applicable easement documents to your Right-of- Way agent x Site is ready for utility construction A scheduled in-service date will be provided once these requirements have been met. It is important to keep in mind that the terms and conditions of utility service, per our tariffs, require that you provide adequate space and an easement on your property for all gas and electric facilities required to serve your project, including but not limited to gas and electrical lines and meters, transformers, and pedestals. General guidelines for these requirements can be found at Site Requirements. https://www.xcelenergy.com/staticfiles/xe-responsive/Admin/Managed Documents & PDFs/Xcel-Energy-Standard-For-Electric-Installation-and-Use.pdfEasement requirements can be found at Utility Design and Layout. Xcel Energy looks forward to working with you on your project and if I can be of further assistance, please contact me at the phone number or email listed below. Sincerely, Sam Wakefield Xcel Energy Planner Mailing address: Public Service Company of Colorado 1995 Howard Ave Rifle, CO 81650 June 4, 2018 From: Matt Raper Black Hills Energy 0096 County Rd. 160 Glenwood Springs, CO 81601 970-928-0407 To: LeeTal Levran High Country Engineering, Inc. Email: llevran@hceng.com Phone: 970-945-8676 RE: Flying M Ranch / Eastbank, LLC Minor Subdivision Dear Leetal Levran: The above mentioned development is within the certificated service area of Black Hills Energy. Black Hills Energy has existing natural gas facilities located on or near the above mentioned project. At this time it appears that these existing facilities have adequate capacity to provide natural gas service to your project, subject to the tariffs, rules and regulations on file. Any upgrading of our facilities necessary to deliver adequate service to and within the development will be undertaken by Black Hills Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please contact us with any questions regarding this project, and with a timeline of when you would like to proceed with your project. Sincerely, Matt Raper | Utility Construction Planner | Black Hills Energy | Matt.raper@blackhillscorp.com | 970-928-0407 | 07/10/2018 Attn: LeeTal Levran High Country Engineering, Inc. 1517 Blake Avenue, Suite 100 Glenwood Springs, CO 81601 Phone: 970-945-8676 RE: Flying M Ranch To whom it may concern: Your request for facilities to Flying M Ranch is within CenturyLink’s serving area and will be provided in accordance with all the rates and tariffs set forth by the Colorado Public Utilities Commission. Connections to CenturyLink facilities are contingent upon the customer meeting all the requirements of the Utilities tariffs that are in effect for each requested utility service at the time the application for service is made by the customer and formally accepted by CenturyLink. Connection requirements may include provisions for necessary line extensions and/or other system improvements, and payment of all applicable system development charges, recovery agreement charges and other fees or charges applicable to the requested service. Although CenturyLink diligently seeks to expand its facilities as necessary to meet anticipated growth, CenturyLink services are provided to eligible customers at the time of connection to the facilities on a “first come, first served” basis after acceptance of the customer’s application as described above. In certain instances, our facilities and capacities may be limited. Accordingly, no specific allocations or amounts of CenturyLink facilities or supplies are reserved for service to the subject property, and no commitments are made as to the availability of CenturyLink service at future times. Sincerely, Jason Sharpe Senior Field Engineer 970-328-8290 24 Appendix B Calculations for Water and Sewer Usage 6/15/2018 HCE Job No: 2151007PUD by: RDN Average Day Commercial Use Estimated At 35,000 SF at 52 gallons /1000sf/day 1820 GPD Number of single family residences including 4 in Commercial 232 Irrigation per residence based on SGM RFSD requirements 211 GPD /EQR 48952 GPD Equivalent 1/4" of water per day for the irrigated acreage square footage 314130.4813 SF Average Day Domestic use per Per SGM RFSD is 140 GPD/EQR 32480 GPD Total Av erage Day use 83252 GPD Max Day = Av erage Day x 2.0 166504 GPD Peak Flow = Average Day x 2.5 208130 GPD Max Day Demand 173.4416667 GPM TOTAL Yearly VOLUME Acre-Ft 93.26 Acre-FT Sewer Sewer is typically 80% of the domestic day usage. Domestic Average Day use is 34300 GPD 80% of Average Day use =27440 GPD Peak Flow times 2.5 = 68600 GPD Peak Flow in CFS = 0.159220885 CFS Western Peak Flow = 0.127376708 CFS School Peak Flow=0.130347594 CFS Additional 53 EQRs for future offsite development 0.034443702 CFS Total of Western, School and Additional Dev elopment 0.292168004 CFS Flying M Ranch Water Use Estimated Water/Sewer Requirements With Irrigation Use The most impactive use proposed is single family development. There is a total of 228 potential single family units that can be developed on parcel B-F. Parcel A wi ll have 4 residential units and x square footage of commercial space. A day is considered to be 16 hou rs to be conservative. &KDQQeO5eSRrW +ydraflow Express Extension for Autodesk AutoCAD Civil 3D by Autodesk, Inc. Thursday, -un 7 2018 1DPe! &LrFXODr Diameter ft = 0.67 Invert Elev ft = 10.00 Slope % = 0.60 N-Value = 0.009 &DOFXODWLRQV Compute by: .nown Q .nown Q cfs = 0.29 +LJKOLJKWeG Depth ft = 0.21 Q cfs = 0.292 Area sqft = 0.09 Velocity ft/s = 3.08 Wetted Perim ft = 0.80 Crit Depth, Yc ft = 0.25 Top Width ft = 0.62 EGL ft = 0.36 0 1 Elev ft SeFWLRQ 9.75 10.00 10.25 10.50 10.75 11.00 Reach ft 25 Appendix C WaterCad Model Analysis 1.Fire Flows Calibrated to SGM model 2.Fire Flows for PUD with Loop through School Closed 3.Fire Flows for PUD with Loop through School Open 4.SGM provided Information Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/19/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgNetwork PlanP-18P -27P-32P-36P-38P -39P -40P-43P-58P-64 P-65 P-69P-70P -7 1 P-72 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/6/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD_SGM MATCH.wtgFire Flow Node FlexTable: Fire Flow Report 6*0 &loVeG /oop (EasbankWaterCAD_SGM MATCH.wtg)Current Time: 0.000 hoursIs Fire Flow Run Balanced?Junction w/Minimum Pressure (System)Pressure (Calculated System Lower Limit)(psi)Pressure (System Lower Limit)(psi)Junction w/Minimum Pressure (Zone)Pressure (Calculated Zone Lower Limit)(psi)Pressure (Zone Lower Limit)(psi)Pressure (Calculated Residual)(psi)Pressure (Residual Lower Limit)(psi)Flow (Total Available)(gpm)Flow (Total Needed)(gpm)Fire Flow (Available)(gpm)Fire Flow (Needed)(gpm)Satisfies Fire Flow Constraints?Fire Flow IterationsZoneLabelTrueH-720.0N/AH-720.020.024.520.01,807.131,500.001,807.131,500.00True6<None>H-2TrueJ-2124.2N/AJ-2124.220.020.020.01,217.281,500.001,217.281,500.00False4<None>H-3TrueH-320.0N/AH-320.020.029.620.01,574.101,500.001,574.101,500.00True7<None>H-5TrueJ-3024.7N/AJ-3024.720.020.020.01,732.691,500.001,732.691,500.00True4<None>H-7TrueH-720.0N/AH-720.020.025.620.01,793.191,500.001,793.191,500.00True7<None>H-8TrueH-720.0N/AH-720.020.022.420.01,793.111,500.001,793.111,500.00True6<None>H-9TrueH-720.0N/AH-720.020.021.620.01,793.141,500.001,793.141,500.00True6<None>H-10TrueH-720.0N/AH-720.020.043.620.01,801.251,500.001,801.251,500.00True15<None>J-16TrueH-720.0N/AH-720.020.042.620.01,806.971,500.001,806.971,500.00True15<None>J-17TrueH-720.0N/AH-720.020.027.820.01,816.451,500.001,816.451,500.00True7<None>J-18TrueH-720.0N/AH-720.020.030.020.01,807.411,500.001,807.411,500.00True7<None>J-19TrueH-320.0N/AH-320.020.034.220.01,782.091,708.001,574.091,500.00True7<None>J-20TrueH-320.0N/AH-320.020.023.720.01,224.831,500.001,224.831,500.00False6<None>J-21TrueH-320.0N/AH-320.020.037.520.01,752.041,500.001,752.041,500.00True13<None>J-24TrueH-720.0N/AH-720.020.042.020.01,792.751,500.001,792.751,500.00True15<None>J-25TrueH-720.0N/AH-720.020.038.220.01,790.741,500.001,790.741,500.00True15<None>J-27TrueH-720.0N/AH-720.020.026.920.01,787.801,500.001,787.801,500.00True7<None>J-28TrueH-720.0N/AH-720.020.023.820.01,785.891,500.001,785.891,500.00True6<None>J-29TrueH-720.0N/AH-720.020.022.720.01,788.971,500.001,788.971,500.00True6<None>J-30TrueH-720.0N/AH-720.020.026.120.01,793.191,500.001,793.191,500.00True7<None>J-32TrueH-720.0N/AH-720.020.029.820.01,792.491,500.001,792.491,500.00True11<None>J-33TrueH-720.0N/AH-720.020.032.420.01,851.141,558.501,792.641,500.00True12<None>J-34TrueH-320.0N/AH-320.020.030.020.01,498.731,500.001,498.731,500.00False7<None>J-35TrueH-320.0N/AH-320.020.024.720.01,388.831,500.001,388.831,500.00False5<None>J-36TrueH-720.0N/AH-720.020.025.720.06,779.795,978.002,301.791,500.00True5<None>J-38 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/19/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgFire Flow Node FlexTable: Fire Flow Report &loVeG /oop (EasbankWaterCAD.wtg)Current Time: 0.000 hoursIs Fire Flow Run Balanced?Junction w/Minimum Pressure (System)Pressure (Calculated System Lower Limit)(psi)Pressure (System Lower Limit)(psi)Junction w/Minimum Pressure (Zone)Pressure (Calculated Zone Lower Limit)(psi)Pressure (Zone Lower Limit)(psi)Pressure (Calculated Residual)(psi)Pressure (Residual Lower Limit)(psi)Flow (Total Available)(gpm)Flow (Total Needed)(gpm)Fire Flow (Available)(gpm)Fire Flow (Needed)(gpm)Satisfies Fire Flow Constraints?Fire Flow IterationsZoneLabelTrueH-420.0N/AH-420.020.024.220.01,819.221,500.001,819.221,500.00True6<None>H-2TrueJ-2124.2N/AJ-2124.220.020.020.01,224.131,500.001,224.131,500.00False8<None>H-3TrueJ-2224.6N/AJ-2224.620.020.020.01,605.991,500.001,605.991,500.00True3<None>H-4TrueH-1420.0N/AH-1420.020.029.620.01,609.931,500.001,609.931,500.00True7<None>H-5TrueH-422.2N/AH-422.220.020.020.01,682.201,500.001,682.201,500.00True4<None>H-6TrueH-421.9N/AH-421.920.020.020.01,747.601,500.001,747.601,500.00True4<None>H-7TrueH-420.0N/AH-420.020.025.920.01,799.871,500.001,799.871,500.00True7<None>H-8TrueH-420.0N/AH-420.020.022.720.01,799.771,500.001,799.771,500.00True6<None>H-9TrueH-420.0N/AH-420.020.021.920.01,799.821,500.001,799.821,500.00True6<None>H-10TrueH-420.0N/AH-420.020.037.220.01,818.371,500.001,818.371,500.00True13<None>H-11TrueH-420.0N/AH-420.020.038.120.01,800.931,500.001,800.931,500.00True13<None>H-12TrueH-1420.0N/AH-1420.020.025.420.01,456.551,500.001,456.551,500.00False5<None>H-13TrueH-320.7N/AH-320.720.020.020.01,298.921,500.001,298.921,500.00False4<None>H-14TrueH-420.0N/AH-420.020.043.720.01,825.891,514.581,811.311,500.00True15<None>J-16TrueH-420.0N/AH-420.020.042.620.01,825.601,506.561,819.041,500.00True15<None>J-17TrueH-420.0N/AH-420.020.027.820.01,830.721,500.001,830.721,500.00True11<None>J-18TrueH-420.0N/AH-420.020.029.620.01,839.161,519.681,819.481,500.00True8<None>J-19TrueH-1420.0N/AH-1420.020.034.320.01,624.521,514.581,609.941,500.00True7<None>J-20TrueH-320.0N/AH-320.020.023.720.01,252.881,520.421,232.461,500.00False8<None>J-21TrueH-420.0N/AH-420.020.023.920.01,653.711,529.401,624.311,500.00True6<None>J-22TrueH-1420.0N/AH-1420.020.037.520.01,793.061,514.581,778.481,500.00True13<None>J-24TrueH-420.0N/AH-420.020.042.420.01,799.391,500.001,799.391,500.00True15<None>J-25TrueH-420.0N/AH-420.020.038.620.01,796.711,500.001,796.711,500.00True15<None>J-27TrueH-420.0N/AH-420.020.027.220.01,792.781,500.001,792.781,500.00True7<None>J-28TrueH-420.0N/AH-420.020.023.820.01,801.641,500.001,801.641,500.00True6<None>J-29TrueH-420.0N/AH-420.020.022.720.01,804.651,500.001,804.651,500.00True6<None>J-30TrueH-420.0N/AH-420.020.027.620.01,740.811,500.001,740.811,500.00True8<None>J-31TrueH-420.0N/AH-420.020.026.420.01,799.871,500.001,799.871,500.00True7<None>J-32TrueH-420.0N/AH-420.020.030.120.01,799.871,500.001,799.871,500.00True7<None>J-33TrueH-420.0N/AH-420.020.032.820.01,857.791,558.501,799.291,500.00True12<None>J-34TrueH-1420.0N/AH-1420.020.030.220.01,558.781,536.461,522.321,500.00True11<None>J-35TrueH-1420.0N/AH-1420.020.024.720.01,438.981,536.461,402.521,500.00False5<None>J-36TrueH-420.0N/AH-420.020.025.720.06,795.955,978.002,317.951,500.00True5<None>J-38TrueH-420.0N/AH-420.020.042.820.01,818.551,500.001,818.551,500.00True15<None>J-39TrueH-420.0N/AH-420.020.042.220.01,801.201,500.001,801.201,500.00True15<None>J-40TrueH-1420.0N/AH-1420.020.027.320.01,456.351,500.001,456.351,500.00False5<None>J-41TrueH-1420.0N/AH-1420.020.023.920.01,308.831,500.001,308.831,500.00False5<None>J-42 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/19/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgFire Flow Node FlexTable: Fire Flow Report 2pen /oop (EasbankWaterCAD.wtg)Current Time: 0.000 hoursIs Fire Flow Run Balanced?Junction w/Minimum Pressure (System)Pressure (Calculated System Lower Limit)(psi)Pressure (System Lower Limit)(psi)Junction w/Minimum Pressure (Zone)Pressure (Calculated Zone Lower Limit)(psi)Pressure (Zone Lower Limit)(psi)Pressure (Calculated Residual)(psi)Pressure (Residual Lower Limit)(psi)Flow (Total Available)(gpm)Flow (Total Needed)(gpm)Fire Flow (Available)(gpm)Fire Flow (Needed)(gpm)Satisfies Fire Flow Constraints?Fire Flow IterationsZoneLabelTrueH-420.0N/AH-420.020.024.120.01,819.251,500.001,819.251,500.00True6<None>H-2TrueH-1422.8N/AH-1422.820.020.020.01,614.301,500.001,614.301,500.00True3<None>H-3TrueJ-2224.6N/AJ-2224.620.020.020.01,606.011,500.001,606.011,500.00True3<None>H-4TrueH-1420.0N/AH-1420.020.027.320.01,777.751,500.001,777.751,500.00True7<None>H-5TrueH-422.2N/AH-422.220.020.020.01,682.191,500.001,682.191,500.00True4<None>H-6TrueH-421.9N/AH-421.920.020.020.01,747.631,500.001,747.631,500.00True4<None>H-7TrueH-420.0N/AH-420.020.028.520.01,799.831,500.001,799.831,500.00True7<None>H-8TrueH-420.0N/AH-420.020.027.120.01,799.821,500.001,799.821,500.00True9<None>H-9TrueH-320.0N/AH-320.020.028.020.01,789.731,500.001,789.731,500.00True7<None>H-10TrueH-420.0N/AH-420.020.037.220.01,818.381,500.001,818.381,500.00True13<None>H-11TrueH-420.0N/AH-420.020.038.120.01,800.901,500.001,800.901,500.00True13<None>H-12TrueH-1420.0N/AH-1420.020.023.320.01,711.071,500.001,711.071,500.00True6<None>H-13TrueH-322.8N/AH-322.820.020.020.01,614.651,500.001,614.651,500.00True3<None>H-14TrueH-420.0N/AH-420.020.043.720.01,825.851,514.581,811.271,500.00True15<None>J-16TrueH-420.0N/AH-420.020.042.620.01,825.601,506.561,819.041,500.00True15<None>J-17TrueH-420.0N/AH-420.020.027.820.01,831.561,500.001,831.561,500.00True7<None>J-18TrueH-420.0N/AH-420.020.029.620.01,839.151,519.681,819.471,500.00True7<None>J-19TrueH-1420.0N/AH-1420.020.032.220.01,792.361,514.581,777.781,500.00True9<None>J-20TrueH-320.0N/AH-320.020.023.720.01,653.141,520.421,632.711,500.00True6<None>J-21TrueH-420.0N/AH-420.020.023.920.01,653.701,529.401,624.301,500.00True6<None>J-22TrueH-420.0N/AH-420.020.038.320.01,813.801,514.581,799.221,500.00True13<None>J-24TrueH-420.0N/AH-420.020.042.420.01,799.391,500.001,799.391,500.00True15<None>J-25TrueH-420.0N/AH-420.020.038.620.01,796.711,500.001,796.711,500.00True15<None>J-27TrueH-420.0N/AH-420.020.027.320.01,792.111,500.001,792.111,500.00True11<None>J-28TrueH-420.0N/AH-420.020.023.820.01,801.661,500.001,801.661,500.00True6<None>J-29TrueH-420.0N/AH-420.020.022.720.01,804.691,500.001,804.691,500.00True6<None>J-30TrueH-420.0N/AH-420.020.027.620.01,740.811,500.001,740.811,500.00True8<None>J-31TrueH-320.0N/AH-320.020.032.520.01,789.751,500.001,789.751,500.00True8<None>J-32TrueH-420.0N/AH-420.020.034.620.01,799.791,500.001,799.791,500.00True10<None>J-33TrueH-420.0N/AH-420.020.035.320.01,858.281,558.501,799.781,500.00True9<None>J-34TrueH-1420.0N/AH-1420.020.028.020.01,777.501,536.461,741.041,500.00True7<None>J-35TrueH-1420.0N/AH-1420.020.023.220.01,721.851,536.461,685.391,500.00True6<None>J-36TrueH-420.0N/AH-420.020.025.720.06,795.945,978.002,317.941,500.00True5<None>J-38TrueH-420.0N/AH-420.020.042.820.01,818.551,500.001,818.551,500.00True15<None>J-39TrueH-420.0N/AH-420.020.042.220.01,801.151,500.001,801.151,500.00True15<None>J-40TrueH-1420.0N/AH-1420.020.025.420.01,710.831,500.001,710.831,500.00True6<None>J-41TrueH-1420.0N/AH-1420.020.023.920.01,634.561,500.001,634.561,500.00True6<None>J-42 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/19/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgFlexTable: Pipe Table (EasbankWaterCAD.wtg)Current Time: 0.000 hoursLength (User Defined)(ft)Has User Defined Length?Headloss Gradient(ft/ft)Velocity(ft/s)Flow(gpm)Minor Loss Coefficient (Local)Has Check Valve?Hazen-Williams CMaterialDiameter(in)Stop NodeStart NodeLength (Scaled)(ft)LabelID0.00False0.0000.1319.680.000False140.0Ductile Iron8.0J-19J-17517.98P-15580.00False0.0000.000.000.000False140.0Ductile Iron6.0H-3J-2112.62P-17640.00False0.0000.000.000.000False140.0Ductile Iron6.0H-2J-1913.89P-18650.00False0.0000.000.000.000False140.0Ductile Iron6.0H-4J-2211.04P-20700.00False0.0000.57-89.200.000False140.0Ductile Iron8.0J-25J-24227.38P-22740.00False0.0000.48-74.620.000False140.0Ductile Iron8.0J-24J-20372.95P-25780.00False0.0000.000.000.000False140.0Ductile Iron6.0H-5J-2018.77P-27810.00False0.0000.42-147.040.000False140.0Ductile Iron12.0J-27J-25426.31P-29840.00False0.0000.42-147.040.000False140.0Ductile Iron12.0J-28J-27477.00P-30860.00False0.0000.50-176.440.000False140.0Ductile Iron12.0J-29J-28151.65P-31880.00False0.0000.50-176.440.000False140.0Ductile Iron12.0J-30J-2943.35P-32900.00False0.0000.50-176.440.000False140.0Ductile Iron12.0J-18J-30349.87P-33910.00False0.0000.19-29.410.000False140.0Ductile Iron8.0J-31J-22244.37P-34930.00False0.0000.19-29.410.000False140.0Ductile Iron8.0J-28J-3193.23P-35940.00False0.0000.000.000.000False140.0Ductile Iron6.0H-6J-3136.36P-36960.00False0.0000.000.000.000False140.0Ductile Iron6.0H-7J-2924.48P-37980.00False0.0000.21-33.300.000False140.0Ductile Iron8.0J-33J-3298.19P-381040.00False0.0000.21-33.300.000False140.0Ductile Iron8.0J-34J-33171.45P-391060.00False0.0000.59-91.810.000False140.0Ductile Iron8.0J-25J-34345.49P-401070.00False0.0000.000.000.000False140.0Ductile Iron6.0H-8J-3435.51P-411080.00False0.0000.000.000.000False140.0Ductile Iron6.0H-9J-3339.69P-421090.00False0.0000.000.000.000False140.0Ductile Iron6.0H-10J-3212.84P-431100.00False0.0000.3860.040.000False140.0Ductile Iron8.0J-35J-20245.28P-441120.00False0.0000.21-33.300.000False140.0Ductile Iron8.0J-32J-211,348.82P-581360.00False0.0000.4874.800.000False140.0Ductile Iron8.0J-17J-18491.49P-591370.00False0.0000.71-251.240.000False140.0Ductile Iron12.0J-38J-183,292.50P-601390.00False0.03913.42-4,729.240.000False140.0Ductile Iron12.0T-1J-382,721.41P-611400.00False0.0000.31-48.550.000False140.0Ductile Iron8.0J-39J-16424.50P-621450.00False0.0000.31-48.560.000False140.0Ductile Iron8.0J-17J-3929.41P-631460.00False0.0000.000.000.000False140.0Ductile Iron6.0J-39H-1118.68P-641470.00False0.0000.22-33.970.000False140.0Ductile Iron8.0J-40J-2552.02P-651490.00False0.0000.22-33.970.000False140.0Ductile Iron8.0J-16J-40436.99P-661500.00False0.0000.000.000.000False140.0Ductile Iron6.0J-40H-1215.16P-671510.00False0.0000.1523.580.000False140.0Ductile Iron8.0J-41J-35226.68P-681530.00False0.0000.1523.580.000False140.0Ductile Iron8.0J-36J-41209.57P-691540.00False0.0000.000.000.000False140.0Ductile Iron6.0J-41H-138.69P-701550.00False0.0000.08-12.880.000False140.0Ductile Iron8.0J-42J-36447.98P-711580.00False0.0000.08-12.880.000False140.0Ductile Iron8.0J-21J-42450.51P-721590.00False0.0000.000.000.000False140.0Ductile Iron6.0J-42H-1413.62P-73160 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/19/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgFlexTable: Junction Table (EasbankWaterCAD.wtg)Current Time: 0.000 hoursPressure(psi)Hydraulic Grade(ft)Demand(gpm)Demand CollectionZoneElevation(ft)LabelID98.56,120.4914.58<Collection: 1 items><None>5,892.72J-165197.16,120.516.56<Collection: 1 items><None>5,895.99J-175378.36,120.580.00<Collection: 0 items><None>5,939.55J-185595.26,120.5119.68<Collection: 1 items><None>5,900.58J-195791.06,120.3814.58<Collection: 1 items><None>5,910.14J-205980.46,120.3620.42<Collection: 1 items><None>5,934.49J-216074.46,120.5229.40<Collection: 1 items><None>5,948.50J-226694.26,120.4314.58<Collection: 1 items><None>5,902.82J-247194.76,120.470.00<Collection: 0 items><None>5,901.65J-257390.26,120.500.00<Collection: 0 items><None>5,912.05J-278377.86,120.530.00<Collection: 0 items><None>5,940.73J-288574.36,120.540.00<Collection: 0 items><None>5,948.75J-298773.26,120.550.00<Collection: 0 items><None>5,951.35J-308978.16,120.530.00<Collection: 0 items><None>5,939.96J-319291.76,120.400.00<Collection: 0 items><None>5,908.39J-3210293.46,120.400.00<Collection: 0 items><None>5,904.50J-3310392.66,120.4158.50<Collection: 1 items><None>5,906.45J-3410586.86,120.3636.46<Collection: 1 items><None>5,919.72J-3511181.46,120.3636.46<Collection: 1 items><None>5,932.11J-3611476.26,121.144,478.00<Collection: 1 items><None>5,945.00J-3813897.46,120.510.00<Collection: 0 items><None>5,895.46J-3914495.06,120.470.00<Collection: 0 items><None>5,900.96J-4014884.06,120.360.00<Collection: 0 items><None>5,926.29J-4115280.66,120.360.00<Collection: 0 items><None>5,934.11J-42157 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/19/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgFlexTable: Hydrant Table (EasbankWaterCAD.wtg)Current Time: 0.000 hoursPressure(psi)Hydraulic Grade(ft)Demand(gpm)Demand CollectionZoneElevation(ft)Lateral Length(ft)Emitter Coefficient(gpm/psi^n)Include Lateral Loss?Hydrant StatusLabelID90.96,120.510.00<Collection: 0 items><None>5,910.4620.000.000FalseClosedH-26276.86,120.360.00<Collection: 0 items><None>5,942.9320.000.000FalseClosedH-36370.56,120.520.00<Collection: 0 items><None>5,957.4820.000.000FalseClosedH-46987.66,120.380.00<Collection: 0 items><None>5,917.9520.000.000FalseClosedH-57971.06,120.530.00<Collection: 0 items><None>5,956.3420.000.000FalseClosedH-69570.66,120.540.00<Collection: 0 items><None>5,957.4820.000.000FalseClosedH-79788.76,120.410.00<Collection: 0 items><None>5,915.5020.000.000FalseClosedH-89989.36,120.400.00<Collection: 0 items><None>5,914.0620.000.000FalseClosedH-910088.26,120.400.00<Collection: 0 items><None>5,916.4320.000.000FalseClosedH-1010193.46,120.510.00<Collection: 0 items><None>5,904.7220.000.000FalseClosedH-1114192.16,120.470.00<Collection: 0 items><None>5,907.7020.000.000FalseClosedH-1214282.66,120.360.00<Collection: 0 items><None>5,929.5020.000.000FalseClosedH-1314376.76,120.360.00<Collection: 0 items><None>5,943.0620.000.000FalseClosedH-14156 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16666/6/2018Bentley WaterCAD V8 XM Edition[08.09.400.34]Bentley Systems, Inc. Haestad Methods Solution CenterEasbankWaterCAD.wtgFlexTable: Tank Table (EasbankWaterCAD.wtg)Current Time: 0.000 hoursHydraulic Grade(ft)Net Outflow(gpm)Diameter(ft)Volume (Inactive)(MG)Elevation (Maximum)(ft)Elevation (Initial)(ft)Elevation (Minimum)(ft)Elevation (Base)(ft)ZoneLabelID6,228.004,729.2310.000.006,240.006,228.006,216.006,216.00<None>T-1121 26 27 Appendix D Floodplain Maps 1. 1987 FEMA map 2. 2015 Preliminary FEMA map 3. PUD map Showing floodplains 28 Appendix E Geotechnical Report Exhibit D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment FLYING M RANCH Traffic Impact Assessment Prepared for: Dunrene Group 710 East Durant Avenue, Suite W-6 Aspen, CO 81611 Prepared by: Felsburg Holt & Ullevig 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 303.721.1440 Principal: Christopher J. Fasching, PE, PTOE Project Engineer: Philip Dunham, PE FHU Reference No. 17-349-01 October 2018 Flying M Ranch Traffic Impact Assessment Page i TABLE OF CONTENTS Page I. INTRODUCTION................................................................................................................. 1 II. EXISTING CONDITIONS ................................................................................................... 4 II.A. Land Use ........................................................................................................................................................ 4 II.B. Roadway System .......................................................................................................................................... 4 II.C. Traffic Volumes and Operations .............................................................................................................. 4 III. FUTURE CONDITIONS ...................................................................................................... 7 III.A. Site Trip Generation ................................................................................................................................... 7 III.B. Trip Distribution and Traffic Assignment .............................................................................................. 9 III.C. Background Traffic .................................................................................................................................... 11 III.D. Total Traffic Conditions .......................................................................................................................... 14 IV. QUEUING EVALUATION ................................................................................................ 17 V. STATE HIGHWAY ACCESS CODE CRITERIA ............................................................. 19 V.A. Access Permit............................................................................................................................................. 19 V.B. Speed Change Lanes ................................................................................................................................. 19 VI. SUMMARY AND RECOMMENDATIONS ....................................................................... 21 Appendices Appendix A. Traffic Counts Appendix B. Existing Conditions LOS Worksheets Appendix C. Background Traffic LOS Worksheets Appendix D. Total Traffic LOS Worksheets Appendix E. Queuing Reports Flying M Ranch Traffic Impact Assessment Page ii List of Figures Page Figure 1. Vicinity Map ........................................................................................................................................... 2 Figure 2. Conceptual Site Plan ........................................................................................................................... 3 Figure 3. Existing Conditions .............................................................................................................................. 5 Figure 4. Trip Distribution and Site Generated Traffic Assignment ....................................................... 10 Figure 5. Short Range Future Background Traffic Conditions ................................................................. 12 Figure 6. Long Range Future Background Traffic Conditions .................................................................. 13 Figure 7. Short Range Future Total Traffic Conditions ............................................................................. 15 Figure 8. Long Range Future Background Traffic Conditions .................................................................. 16 List of Tables Page Table 1. Site Trip Generation Estimates, Scenario 1 .................................................................................. 7 Table 2. Site Trip Generation Estimates, Scenario 2 .................................................................................. 8 Table 3. Site Trip Generation Estimates, Scenario 3 .................................................................................. 8 Table 4. SimTraffic 95th Percentile Queue Results – CR 154 NB Approach to SH 82 .................... 17 Table 5. Existing and Required SH 82/CR 154 Turn Lane Lengths ....................................................... 20 Flying M Ranch Traffic Impact Assessment Page 1 I. I N TRODUCTION The Dunrene Group is proposing to construct the Flying M Ranch, a new mixed-use site on a partially developed parcel of land in Garfield County. The proposed site is located southeast of the intersection of State Highway (SH) 82 and Garfield County Road (CR) 154. Figure 1 illustrates the location of the site and the adjacent primary roadway network. The proposed development has three potential land use mixes. Zone 1 currently has 10,000 square feet (10 KSF) of business uses. In all three scenarios zone 1 would add 12.5 KSF of office space, 12.5 KSF of mini-warehouse, and 4 dwelling units for business owners. In all three scenarios zone 2 would include 36 single family homes and 60 townhomes and condos. In Scenario 1, zone 3 would include a 40 KSF nursing home, a 40 KSF assisted living facility, and 28 additional townhomes and condos. In Scenario 2, zone 3 would include a 40 KSF nursing home and an 80 KSF assisted living facility. In Scenario 3, zone 3 would include an additional 128 townhomes and condos. Figure 2 shows the current site plan concept for the development. Full-movement vehicular access to the site would be provided to CR 154 at the southeast end of the site, sharing existing access with the current Federal Express (FedEx) facility for zone 1 and the existing Riverview School access plus an additional full-movement vehicular access further south on CR 154 for the remaining zones. The purpose of this report is to provide an evaluation of the potential traffic impacts related to the Flying M Ranch development and to identify any roadway or traffic control improvements required as a result. Trip generation for all three land use mixes has been provided and determined that scenic 3 has the highest trip generation potential and was used for the analysis of the site. The analyses consider two future scenarios: Short Range Future. This scenario examines the traffic impacts of 12.5 KSF of office space, 12.5 KSF of mini-warehouse, 4 dwelling units for business owners, 36 single family homes, and 188 townhomes and condos in the short range future (year 2020). Long Range Future. This scenario examines the traffic impacts of 12.5 KSF of office space, 12.5 KSF of mini-warehouse, 4 dwelling units for business owners, 36 single family homes, and 188 townhomes and condos within the context of a year 2040 horizon. Flying M Ranch - UPDATE 17-349 6/27/18 FIGURE 1 Vicinity Map NORTHNOR R oaring Fork RiverRed C anyon Rd.Roaring Fork River To Glenwood Springs To Carbondale Cardiff 82 82 PROJECTSITE C ou nty Road 154County Road 154 Eastbank Property - New Roaring Fork School 15-133 01/25/16Flying M Ranch - UPDATE 17-349 6/27/18FIGURE 2Site PlanNORTH Flying M Ranch Traffic Impact Assessment Page 4 II. EXISTING CONDITIONS II.A. Land Use The proposed site is currently undeveloped land. There is a nearby FedEx sorting and distribution facility and Riverview School along CR 154 on parcels of land adjacent to the site. CR 154 also serves other businesses and residential neighborhoods. II.B. Roadway System State Highway 82 (SH 82) SH 82 is a regional highway that connects to Interstate 70 (I-70) to the north and Highway 24 to the southeast. The speed limit varies along SH 82 between 55 and 65 miles per hour (MPH). The roadway has two lanes in each direction with existing auxiliary left and right turn lanes at the SH 82 / CR 154 signalized intersection. SH 82 has been categorized as an E-X (Expressway, Major Bypass) for the purposes of evaluating access control. County Road 154 (CR 154) CR 154 is a two-lane roadway that provides access to various businesses and residential neighborhoods off SH 82. The posted speed limit is 35 MPH. CR 154 is also crossed by the Rio Grande Trail between the site access points to the south and SH 82 to the north. II.C. Traffic Volumes and Operations AM and PM peak hour turning movement counts were collected in September 2017 at the SH 82 / CR 154 intersection, with count data sheets included in Appendix A. It should be noted that the AM peak is higher than the PM peak due to the proximity to the new Riverview School. The school start coincides with the adjacent roadways AM peak hour, but the school dismissal is likely earlier than the PM peak hour of adjacent roadways and is not captured in turning movement counts. For purposes of the driveway analyses onto CR 154, the projected PM school volumes are analyzed assuming that they do in fact occur during the adjacent street peak hour as to provide the worst-case scenario for operations. Colorado Department of Transportation (CDOT) Region 3 staff provided traffic counts for the intersection of SH 82 and the Orrison Access (west of the intersection of SH 82 and CR 154). The Orrison Access traffic counts were conducted on March 7, 2012. Based on coordination with CDOT, the SH 82 / CR 154 intersection, the SH 82 / Orrison Access, the CR 154 / FedEx access, and the proposed shared site access with Riverview School, and the new proposed south site access have been analyzed. Figure 3 illustrates the existing traffic volumes within the study area. Existing traffic volumes at the CR 154 / FedEx access and the proposed shared site access with Riverview School are vehicle-trip estimates associated with the proposed FedEx facility taken from the FedEx Traffic Impact Analysis prepared by Rick Engineering Company (March 2015) and the Eastbank Property – New Roaring Fork School Traffic Assessment prepared by Felsburg Holt & Ullevig (March 2016). Traffic operations within the study area were evaluated according to techniques documented in the Highway Capacity Manual (Transportation Research Board, 2010) using the existing traffic volumes, intersection geometry, and traffic control. Level of Service (LOS) is a qualitative measure of traffic operational conditions based on roadway capacity and vehicle delay. LOS is described by a letter designation ranging from A to F, with LOS A representing almost free-flow travel, while LOS F represents congested conditions. For signalized intersections, LOS is reported as an average for the entire intersection. For stop-sign controlled intersections, LOS is calculated for each movement that must yield the right-of-way. In urbanized areas, LOS D is typically considered to be acceptable for peak hour traffic operations. Flying M Ranch - UPDATE 17-349 10/1/18 FIGURE 3 Existing Traffic Conditions NORTH R o a rin g F o rk R i v e r Fedex Acc e s s Riverview School Access a / a b/aB/A a / a b/a0(0)0(0)0(0)0( 0 ) 96 4 ( 7 1 1 ) 13 1 ( 9 2 )170(88)0(0)21(11)1( 0 ) 63 3 ( 9 9 5 ) 37 ( 6 ) 13 8 ( 6 8 ) 3 0 ( 3 0 )30(20)5(5)1 6 1 ( 7 9 ) 5( 5 ) 7 7 ( 4 1 ) 6 6 ( 3 2 )54(40)54(40)11 2 ( 4 4 ) 6 6 ( 3 3 ) 82 82 STO P STO P = AM(PM) Peak Hour Traffic Volumes = AM/PM Peak Hour Signalized Intersection Level of Service = AM/PM Peak Hour Unsignalized Intersection Level of Service = Stop Sign = Traffic Signal XXX(XXX) LEGEND X/X x/x STOP SITE County Road 154 Flying M Ranch Traffic Impact Assessment Page 6 Figure 3 shows the existing traffic control, intersection geometry, and LOS analyses results, with analysis worksheets included in Appendix B. In general, traffic operations within the study area are currently acceptable. The signalized intersection of SH 82 and CR 154 operates at LOS B during the AM and LOS A during the PM peak hours, but it should be noted that the northbound approach of CR 154 operates at LOS D during both peak hours. Flying M Ranch Traffic Impact Assessment Page 7 III. FUTURE CONDITIONS III.A. Site Trip Generation As previously discussed, the proposed Flying M Ranch development has three potential land use mixes. Scenario 1 includes 12.5 KSF of office space, 12.5 KSF of mini-warehouse, 4 dwelling units for business owners, 36 single family homes, 88 condos or townhomes, a 40 KSF nursing home, and a 40 KSF assisted living facility. Scenario 2 includes 12.5 KSF of office space, 12.5 KSF of mini-warehouse, 4 dwelling units for business owners, 36 single family homes, 60 condos or townhomes, a 40 KSF nursing home, and an 80 KSF assisted living facility. Scenario 3 includes 12.5 KSF of office space, 12.5 KSF of mini-warehouse, 4 dwelling units for business owners, 36 single family homes, and 188 condos or townhomes. The number of vehicle trips generated by Flying M Ranch was estimated based on the information and procedures documented in Trip Generation, Institute of Transportation Engineers, Tenth Edition, 2017. The trip rates contained in the manual are developed primarily through field observations of similar land uses throughout the nation. Table 1 through Table 3 show the future trip generation estimates for the proposed mixed-use site for each land use scenario. Table 1 . Site Trip Generation Estimates, Scenario 1 Land Use ITE Code Quantity Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total General Office Building 710 12.5 KSF 141 33 5 38 3 13 16 Mini-Warehouse 151 12.5 KSF 19 1 0 1 1 1 2 Multifamily Housing (Low-Rise)1 220 4 dwelling units 21 0 0 0 0 0 0 Single Family Detached Housing 210 36 dwelling units 406 8 22 30 24 14 38 Multifamily Housing (Low-Rise) 220 88 dwelling units 624 10 32 42 33 20 53 Nursing Home 620 40 KSF 263 17 5 22 10 14 24 Assisted Living 254 40 KSF 168 12 4 16 6 13 19 TOTAL 1,642 81 68 149 77 75 152 Note: 1 Dwelling units in zone 1 were treated as Multifamily Housing and a reduction of 2 daily trips, 1 exiting trip AM, and 1 entering trip PM were taken per unit to account for the live/work nature of the units. Flying M Ranch Traffic Impact Assessment Page 8 Table 2 . Site Trip Generation Estimates, Scenario 2 Land Use ITE Code Quantity Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total General Office Building 710 12.5 KSF 141 33 5 38 3 13 16 Mini-Warehouse 151 12.5 KSF 19 1 0 1 1 1 2 Multifamily Housing (Low-Rise)1 220 4 dwelling units 21 0 0 0 0 0 0 Single Family Detached Housing 210 36 dwelling units 406 8 22 30 24 14 38 Multifamily Housing (Low-Rise) 220 60 dwelling units 413 7 22 29 23 14 37 Nursing Home 620 40 KSF 263 17 5 22 10 14 24 Assisted Living 254 80 KSF 335 24 7 31 11 27 38 TOTAL 1,598 90 61 151 72 83 155 Notes: 1 Dwelling units in zone 1 were treated as Multifamily Housing and a reduction of 2 daily trips, 1 exiting trip AM, and 1 entering trip PM were taken per unit to account for the live/work nature of the units. Table 3 . Site Trip Generation Estimates, Scenario 3 Land Use ITE Code Quantity Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total General Office Building 710 12.5 KSF 141 33 5 38 3 13 16 Mini-Warehouse 151 12.5 KSF 19 1 0 1 1 1 2 Multifamily Housing (Low-Rise)1 220 4 dwelling units 21 0 0 0 0 0 0 Single Family Detached Housing 210 36 dwelling units 406 8 22 30 24 14 38 Multifamily Housing (Low-Rise) 220 188 dwelling units 1,380 20 67 87 66 38 104 TOTAL 1,967 62 94 156 94 66 160 Note: 1 Dwelling units in zone 1 were treated as Multifamily Housing and a reduction of 2 daily trips, 1 exiting trip AM, and 1 entering trip PM were taken per unit to account for the live/work nature of the units. As indicated in Table 1 through Flying M Ranch Traffic Impact Assessment Page 9 Table 3, the proposed Flying M Ranch development is expected to have the highest trip generation rate using Scenario 3. Using Scenario 3, Flying M Ranch is expected to generate approximately 160 new vehicle-trips during the weekday AM peak hour and about 160 new vehicle-trips during the weekday PM peak hour. The estimated weekday new daily trip generation potential would be about 2,000 trips. III.B. Trip Distribution and Traffic Assignment The estimated site trips were distributed to the adjacent roadways based on existing traffic count data and employment in the surrounding communities. Figure 4 illustrates the estimated distribution of site generated vehicle trips, based on the following distribution assumptions: 60 percent to and from the northwest via SH 82 20 percent to and from the southeast via SH 82 20 percent to and from the south via CR 154 Figure 4 also illustrates the assignment of net new site generated traffic to the study area intersection. Site traffic is not expected to have significant impacts upon the roadway network and operations at all driveways, and adjacent signals are projected to operate at an acceptable LOS for both Short Range and Long Range Future conditions. Trip Distribution and Site Generated Traffic Assignment Flying M Ranch - UPDATE 17-349 6/27/18 FIGURE 4 NORTH R oaring F ork River RR oaring F ork R o a rin g F o rk R i v e r 2 0 % 2 0 % 60%OrrisonAccessFedex Acc e s s Riverview School Access = AM(PM) Peak Hour Traffic Volumes = Site Trip Distribution XXX(XXX) LEGEND XX%55(39)18(13)66(39)17(9)37 ( 5 5 ) 10 ( 3 ) 5( 1 7 ) 12( 1 8 ) 2( 6 ) 21 ( 6 7 )3(2)3(2)4(11)1(3)12 ( 1 8 ) 1( 3 ) 6 9 ( 4 1 ) 7( 1 ) 18 ( 1 2 ) 1( 3 ) 2 2 ( 7 0 ) 2 7 ( 3 ) 82 82 S o u t h S iteA c c e ssCounty Road 154 SITE Flying M Ranch Traffic Impact Assessment Page 11 III.C. Background Traffic Short Range Future Background traffic is the component of roadway volumes that would use the adjacent roadway system regardless of site development. Future traffic growth estimates from the CDOT Online Transportation Information System (OTIS) indicate an annual growth rate of 1.36 percent to apply to existing traffic volumes along SH 82. Figure 5 shows the forecasted Short Range Future (year 2020) background volumes. The Short Range Future background traffic volumes were used as the basis for intersection capacity analyses, the results of which are also shown on Figure 5, with LOS worksheets included in Appendix C. The signalized intersection of SH 82 with CR 154 has been analyzed assuming a northbound “no right turn on red” and is projected to operate at LOS B during the AM and LOS A during the PM peak hours, but it should be noted that the northbound approach of CR 154 is projected to operate at LOS D during both peak hours. The “no right turn on red” was assumed based on analysis indicating the need for an acceleration lane that cannot reasonably be provided given geographic limitations presented later in this report. Long Range Future The Long Range Future (year 2040) background traffic volumes, shown on Figure 6, are also based on the annual growth rate estimates from OTIS. In addition to applying an annual growth rate to existing traffic volumes, discussions with CDOT Region 3 staff indicated that the Orrison Access to SH 82 will likely be closed by 2040. When the access is closed, Orrison traffic will be expected to have access to SH 82 via the intersection of SH 82 and CR 154 and access to CR 154 via the intersection of CR 154 and the FedEx Access; traffic from the access has been reassigned to both intersections for 2040 Long Range Future conditions. The resulting Long Range Future background traffic volumes were used as the basis for intersection capacity analyses, the results of which are also shown on Figure 6, with LOS worksheets included in Appendix C. The signalized intersection of SH 82 with CR 154 has been analyzed assuming a northbound “no right turn on red” and is projected to operate at LOS B during the AM and LOS A during the PM peak hours, but it should be noted that the northbound approach of CR 154 is projected to operate at LOS E during the AM peak hour and LOS D during the PM peak hour. The “no right turn on red” was assumed based on analysis indicating the need for an acceleration lane that cannot reasonably be provided given geographic limitations presented later in this report. Short Range Future Background Traffic Conditions Flying M Ranch - UPDATE 17-349 6/27/18 FIGURE 5 NORTH R o a rin g F o rk R i v e rOrrisonAccessFedex Acc e s s Riverview School Access a / a b/ad/d a/aB/A a/ a b/a1 1 3 8 ( 8 3 1 )1(5 ) 2(5) 2(5)836(1123 )0(5 ) 14 5 ( 7 2 ) 3 0 ( 3 0 )30(20)5(5)1 6 9 ( 8 3 ) 5( 5 )0(0)0(0)0(0)0( 0 ) 10 0 4 ( 7 4 0 ) 13 6 ( 9 6 )177(92)0(0)22(11)0( 0 ) 65 9 ( 1 0 3 6 ) 39 ( 6 )54(40)54(40)12 0 ( 4 8 ) 66 ( 3 3 ) 84 ( 4 5 ) 66 ( 3 2 ) S TO P STOP ST O P = AM(PM) Peak Hour Traffic Volumes = AM/PM Peak Hour Signalized Intersection Level of Service = AM/PM Peak Hour Unsignalized Intersection Level of Service = Stop Sign = Traffic Signal XXX(XXX) LEGEND X/X x/x STOP 82 82 County Road 1 5 4 SITE Long Range Future Background Traffic Conditions Flying M Ranch - UPDATE 17-349 6/27/18 FIGURE 6 NORTH SITESITE R o a rin g F o rk R i v e rOrrisonAccessFedex A c c e s s Riverview School Access B/A a / a b/ba/ a b/a1 9 9 ( 1 0 4 ) 3 1 ( 4 0 )34(30)5(5)2 3 1 ( 1 1 5 ) 5( 5 )54(40)54(40)18 2 ( 8 0 ) 66 ( 3 3 ) 13 8 ( 7 7 ) 66 ( 3 2 )0(0)0(0)0(0)0( 0 ) 13 1 5 ( 9 7 0 ) 18 0 ( 1 3 1 )234(125)0(0)31(20)0( 0 ) 86 4 ( 1 3 5 7 ) 50 ( 1 3 ) STO P = AM(PM) Peak Hour Traffic Volumes = AM/PM Peak Hour Signalized Intersection Level of Service = AM/PM Peak Hour Unsignalized Intersection Level of Service = Stop Sign = Traffic Signal XXX(XXX) LEGEND X/X x/x STOP 82 STOP 82 NOTE: Intersection to be Closed County Road 1 5 4 Flying M Ranch Traffic Impact Assessment Page 14 III.D. Total Traffic Conditions Short Range Future The site generated traffic volumes (Figure 4) were added to the corresponding background volumes (Figure 5) to produce the Short Range Future total traffic volumes shown on Figure 7. The Short Range Future total peak hour volumes were used as the basis for intersection capacity analyses, the results of which are also summarized on Figure 7, with analysis worksheets included in Appendix D. For the year 2020, the signalized intersection of SH 82 with CR 154 has been analyzed assuming a northbound “no right turn on red” per previous discussion on need for an acceleration lane. The intersection is projected to operate at LOS B during the AM and LOS A during the PM peak hours, but it should be noted that the northbound approach of CR 154 operates at LOS D during both peak hours. No operational issues are evident in the analysis with respect to the Short Range Future timeframe. Long Range Future The Long Range Future site generated traffic volumes (Figure 4) were added to the Long Range Future background traffic volumes (Figure 6) to produce the year 2040 total traffic volumes shown on Figure 8. Intersection capacity analyses were conducted using the Long Range Future total peak hour volumes, as summarized on Figure 8, with analysis worksheets included in Appendix D. For the year 2040, the signalized intersection of SH 82 with CR 154 was again analyzed assuming a northbound “no right turn on red” per previous discussion on need for an acceleration lane. The intersection is projected to operate at LOS C during the AM and LOS B during the PM peak hours, but it should be noted that the northbound approach of CR 154 is projected to operate at LOS E during the AM peak hour and LOS D during the PM peak hour. The new south site access approach should consist of a single lane with STOP control. The access should be designed to meet all roadway design and sight distance requirements as specified by Garfield County Access and Roadways Standards (2013). Short Range Future Total Traffic Conditions Flying M Ranch - UPDATE 17-349 6/27/18 FIGURE 7 NORTH R o a rin g F o rk R i v e rOrrisonAccessFedex Acc e s s Riverview School Access a / a b/bd/d a/bB/A a / a b/aa/ a b/a1 1 7 5 ( 8 8 6 )1(5 ) 2(5) 2(5)891(1162 )0(5 ) 1 6 7 ( 1 4 2 ) 5 7 ( 3 3 )34(31)6(8)2 3 8 ( 1 2 4 ) 12 ( 6 ) 8 6 ( 5 1 ) 8 7 ( 9 9 )120(79)71(49)13 0 ( 5 1 ) 7 1 ( 5 0 ) 15 6 ( 9 7 ) 1(3)3(2)3(2)19 8 ( 9 9 ) 1(3 )0(0)0(0)0(0)0( 0 ) 10 0 4 ( 7 4 0 ) 17 3 ( 1 5 1 )232(131)0(0)40(24)0( 0 ) 65 9 ( 1 0 3 6 ) 51 ( 2 4 ) 82 S T O P STO P STO P STOP = AM(PM) Peak Hour Traffic Volumes = AM/PM Peak Hour Signalized Intersection Level of Service = AM/PM Peak Hour Unsignalized Intersection Level of Service = Stop Sign = Traffic Signal XXX(XXX) LEGEND X/X x/x STOP 82 County Road 154 S o u t h S iteA c c e ssSITE Long Range Future Total Traffic Conditions Flying M Ranch - UPDATE 17-349 6/27/18 FIGURE 8 NORTH R o a rin g F o rk R i v e rOrrisonAccessRiverview School Access Fedex A c c e s s a / a b/bC/B a / a b/ba / a b/a2 2 1 ( 1 7 4 ) 5 8 ( 4 3 )38(41)6(8)3 0 0 ( 1 5 6 ) 12 ( 6 ) 2 1 0 ( 1 2 9 ) 1( 3 )3(2)3(2)2 5 8 ( 1 3 1 ) 1( 3 ) 14 0 ( 8 3 ) 8 7 ( 9 9 )120(79)71(49)1 9 2 ( 8 3 ) 7 1 ( 5 0 )0(0)0(0)0(0)0( 0 ) 13 1 5 ( 9 7 0 ) 21 7 ( 1 8 6 )289(164)0(0)49(33)0( 0 ) 86 4 ( 1 3 5 7 ) 62 ( 3 1 ) 82 STO P STO P STOP = AM(PM) Peak Hour Traffic Volumes = AM/PM Peak Hour Signalized Intersection Level of Service = AM/PM Peak Hour Unsignalized Intersection Level of Service = Stop Sign = Traffic Signal XXX(XXX) LEGEND X/X x/x STOP 82 County Road 154 S o u t h S iteA c c e ssNOTE: Intersection to be Closed SITE Flying M Ranch Traffic Impact Assessment Page 17 IV. QUEUING EVALUATION The Rio Grande Trail crosses CR 154 approximately 550 feet south of its intersection with SH 82. Two potential operational issues may arise related to the trail crossing: (1) queue lengths exceeding the available storage lengths of the left turn bay, and (2) queues blocking the trail crossing. SimTraffic analyses have been conducted to evaluate the potential for queuing along CR 154 to interfere with the trail crossing. For the purposes of calculating a conservative condition, it has been assumed that the peak hour volumes for the various land uses in the area would occur during the same hour. This is unlikely to be the case because the peak hours that correspond with each land use are unlikely to coincide exactly. To take into account the likelihood of the school related traffic to occur in a more concentrated time period within a fraction of a single hour, the Peak Hour Factor (PHF) for the corresponding movements has been adjusted to 0.80. It has also been assumed that the FedEx facility will generate a higher percentage of truck traffic at the intersection of SH 82 with CR 154. As such, a rough conservative estimate for percent heavy vehicles of 8 percent was applied to the Synchro / SimTraffic models. Multiple runs were conducted using SimTraffic to generate a queuing information reports (queuing reports are included in Appendix E). Table 4 summarizes the results. Table 4 . SimTraffic 95th Percentile Queue Results – CR 154 NB Approach to SH 82 Analysis Scenario Left-Turn Lane Queue (ft) Thru-Left Turn Lane Queue (ft) Right-Turn Lane Queue (ft) Short Range Total AM 180 224 137 Short Range Total PM 117 152 56 Long Range Total AM 326 392 186 Long Range Total PM 154 184 73 Max Queue 326 392 186 I ssue #1: The existing lane configuration provides approximately 180 feet of dual lane storage for left turns with one lane being a shared thru lane and approximately 50 feet of right turn storage along CR 154. The predicted maximum queue lengths would exceed the currently available lane storage along CR 154 approaching SH 82, creating blockages of the turn lanes. As a result, lane utilization imbalances may occur that could reduce the efficiency of the intersection, but the mild spill-over will not be a major issue. It should also be noted that that CR 154 is unimproved on the north leg of the intersection and no development is anticipated so queue spill back from the turn bays is not anticipated to have a negative impact on operations. As mentioned previously in this study, in the long range total scenario the intersection is projected to operate at LOS C during the AM and LOS B during the PM peak hours, but it should be noted that the northbound approach of CR 154 is projected to operate at LOS E during the AM peak hour and LOS D during the PM Peak hour. This is a result of not making any adjustments to signal timing at the request of CDOT due to the sensitive nature of traffic along SH 82. It is likely that timing adjustment will be Flying M Ranch Traffic Impact Assessment Page 18 made at various times over the next 20 years in response to changing traffic demands, possibly allowing less imbalance in the approach delays and partially mitigating the projected queuing. Issue #2: There is approximately 550 feet of available storage length before a queue would back up and block the trail crossing. Although the results indicate that queues will not block the trail crossing, the trail crossing may be vulnerable to intermittent fluctuations in traffic flows that are not fully reflected in the modeling. It has been identified that CR 154 will likely need to be grade separated from the Rio Grande Trail in the future, however traffic volumes associated with the Flying M Ranch do not reach conditions in which the improvement is necessary based upon these traffic modeling results. Flying M Ranch Traffic Impact Assessment Page 19 V. STATE HIGHWAY ACCESS CODE CRITERIA V.A. Access Permit The current access permit for SH 82 / CR 154 is Permit No. 316048, which was issued in relation to the Riverview School. The access permit is written for 600 design hour vehicles (DHV), along the CR 154 approach to SH 82. SH 82 has been categorized as an E-X (Expressway, Major Bypass) for the purposes of evaluating access control. The SHAC states: Unless there are identified safety problems, existing legal access to the state highway system shall be allowed to remain or be moved or reconstructed under the terms of an access permit…as long as total daily trips to and from the site are less than 100, or as long as only minor modifications are made to the property or as long as the access does not violate specific permit terms and conditions. Minor modifications are defined as anything that does not increase the proposed vehicle volume to the site by 20 percent or more. The intersection of SH 82 and CR 154 will see increased traffic with the proposed construction of the Flying M Ranch development. The projected short range site generated traffic volumes are estimated to add an additional 160 vehicles to the roadway network during the design hour, the PM peak in the case of the Flying M Ranch site, of which 125 vehicles are expected to need access via the intersection of SH 82 and CR 154. This translates to an increase of 20.8 percent over the permitted volume of 600 DHV. While the increase in traffic volume associated with the Flying M Ranch development is over the 20 percent threshold, the existing volumes that include traffic from the Riverview School are lower than was previously projected. Additionally, the previous access permit based on the Eastbank Property – New Roaring Fork School Traffic Assessment assumed an additional school on the Flying M Ranch property that will be replaced by the development. Given these changes, long range future buildout projections indicate a peak hour access demand of 617 vehicles, only a 2.8 percent increase from the current permitted volume. Based upon these findings and conversations with CDOT staff a change in access will not be required. V.B. Speed Change Lanes The CDOT State Highway Access Code (SHAC) outlines criteria for requiring acceleration and deceleration lanes along state highways. The criteria are based on facility access category, posted speed limit, and turning movement volumes. Based on these criteria, it has been determined that each of the three acceleration and deceleration lanes are needed under existing conditions and future conditions both with and without the added traffic from the proposed development. Further description of these lanes is provided as follows. Northbound Right Turn Acceleration Lane One of the required speed change lanes, the northbound to eastbound right turn acceleration lane, does not currently exist although it is warranted. The right turn from the minor approach is currently a permissive movement with a yield condition and no right turn acceleration lane is provided. SHAC criteria indicate that a right turn lane with acceleration and taper length is required for any access with a projected peak hour right turning volume of greater than 10 vehicles per hour. A right turn acceleration lane would be required based on existing traffic volumes. At 65 MPH, a 1,380-foot acceleration lane would be required including a 25:1 transition taper ratio equating to a 300-foot taper. Flying M Ranch Traffic Impact Assessment Page 20 While the SHAC requirements indicate the traffic volume criteria for a right turn acceleration lane would be met without development of Flying M Ranch, the unique orientation and location of the intersection present physical challenges to constructing the lane. Providing the lane would require modification to existing roadside grading, it would likely create the need for a new retaining wall system for some length along the southwest edge of SH 82. Given the physical constraints of this location, it is recommended that the right turn movement be converted to a protected only movement (no right-turn on red). This condition has been represented in the LOS analyses contained within this report. By converting the right turn movement to a protected only movement, the right turn movement could be completed without conflict from the through movement, thereby avoiding the need for an exclusive acceleration lane. Operational analyses of total year 2040 conditions indicate that acceptable traffic flow can be provided with a protected only movement. Left and Right Turn Deceleration Lanes Two of the needed turn lanes already exist along SH 82 at the intersection. A review was conducted to ensure that the existing lanes are appropriately dimensioned to accommodate background and total future traffic volume forecasts. The measured and SHAC required lane lengths are described in Table 5, as required by Year 2040 forecast traffic volumes. It should be noted that traffic volumes generated by Flying M Ranch do not change any of the required lane lengths. Table 5 . Existing and Required SH 82/CR 154 Turn Lane Lengths Turn Lane Storage Plus Deceleration Length (ft) Taper Length (ft) Measured Required without Site (Shortfall) Required with Site (Shortfall) Measured Required without Site (Shortfall) Required with Site (Shortfall) WBLT Decel Lane 715 650(0) 700 (0) 200 225 (25) 225 (25) EBRT Decel Lane 690 600 (0) 600 (0) 275 225 (0) 225 (0) Flying M Ranch Traffic Impact Assessment Page 21 VI. SUMMARY AND RECOMMENDATIONS The Flying M Ranch is a planned mixed-use development on a partially developed parcel in Glenwood Springs, Colorado. The proposed site is located southeast of the intersection of SH 82 and Garfield CR 154. The proposed development of the site would consist of three possible land use mixes of which the highest trip generating potential alternative includes 12.5 KSF of office space, 12.5 KSF of mini- warehouse, 4 dwelling units for business owners, 36 single family homes, and 188 townhomes and condos. Vehicular access to the site has been identified via two full movement accesses to CR 154, at the southeast end of the site. The first being shared with the existing access to Riverview School and an additional proposed new access further south along CR 154. The proposed development is expected to generate approximately 160 new vehicle-trips during the weekday AM peak hour and about 160 new vehicle-trips during the weekday PM peak hour. The estimated weekday new daily trip generation potential would be about 2,000 trips. The potential traffic impacts due to this additional traffic have been evaluated under both Short Range Future (year 2020) and Long Range Future (year 2040) scenarios. In general, the adjacent roadway system and intersections would possess capacity to accommodate the projected traffic volumes. The Rio Grande Trail crosses CR 154 approximately 550 feet south of the intersection with SH 82. Two potential queuing issues were analyzed related to the trail crossing: (1) queue lengths exceeding the available lane storage lengths, and (2) excessive queues blocking the trail crossing. SimTraffic queuing analyses have been conducted to evaluate the potential for queuing along CR 154 interfering with the trail crossing. The analyses indicate that site generated traffic related to Flying M Ranch is not anticipated to routinely interfere with the Rio Grande Trail crossing. The access permit for SH 82 / CR 154 is Permit No. 316048, which was issued in relation to the Riverview School. The access permit is for 600 DHV along CR 154. The highest peak hour for the development is 160 vehicles of which approximately 80 percent are expected to use the intersection of SH 82 and CR 154 for 125 DHV needing access during the PM peak hour. This translates to an increase of 20.8 percent of the permitted 600 DHV. However due to lower than expected volumes from the Riverview School and that Flying M Ranch will take the place of an additional school on the property long range projections of 617 DHV translate to an increase of only 2.8 percent increase. CDOT staff has indicated that a change in access will not be required. Based on the SHAC, speed change lanes are needed at the SH 82 / CR 154 intersection both with and without the proposed development. Two of the lanes are currently provided and no changes are recommended to these lanes. A third lane, a northbound to eastbound right turn acceleration lane, would be ideal. However, due to physical constraints adding complexity and cost to providing this lane, it is recommended that the northbound right turn movement be converted to a protected only movement, thereby avoiding the need for the acceleration lane. The northbound right movement is light during peak times and not expected to create significant delays with the suggested restriction. No additional turn lanes or extensions of existing turn lanes are recommended with this development. Flying M Ranch Traffic Impact Assessment Appendix A APPENDIX A . TRAFFIC COUNTS SH82 SH 82CR 154 (OLD SH82)CR 154 (OLD SH82) (303) 216-2439 www.alltrafficdata.net Location:1 SH82 & CR 154 (OLD SH82) AM Wednesday, September 27, 2017Date and Start Time: Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles on Crosswalk Peak Hour:07:30 AM - 08:30 AM Peak 15-Minutes:07:45 AM - 08:00 AM 1,095 803 0 1 672986 191 168 0.91 N S EW 0.96 0.25 0.87 0.72 (1,413)(2,109) (1) (1) (255) (276) (1,213)(1,930)131000 0 0 21 0 170 0 0 9643763311CR 154 (OLD SH82) CR 154 (OLD SH82) SH82 SH 82 0 000N S EW 0000 0 0 00Left Thru Right Total EastboundInterval Start Time Rolling Hour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 7:00 AM 0 3 85 0 0 2610150000 381 0 0 0 01,84400017 7:15 AM 0 4 120 0 0 2610300000 431 0 0 0 01,94110015 7:30 AM 0 10 158 0 0 2480390000 492 0 0 0 01,95830034 7:45 AM 0 21 172 0 0 2520440000 540 0 0 0 01,86980043 8:00 AM 0 3 141 0 0 2340590000 478 0 0 0 01,75580033 8:15 AM 1 3 162 0 0 2300280000 448 0 0 0 020121 8:30 AM 0 2 148 0 0 2050230000 403 0 0 0 021022 8:45 AM 0 2 177 0 0 2110110000 426 0 0 0 030022 Count Total 2071127 3,5991,902001,16348100002490 0000 Peak Hour 0 170 0 0 0 0 1 37 633 0 0 964 1,9582101131 0 0 0 0 SH82 SH 82CR 154 (OLD SH82)CR 154 (OLD SH82) (303) 216-2439 www.alltrafficdata.net Location:1 SH82 & CR 154 (OLD SH82) PM Wednesday, September 27, 2017Date and Start Time: Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles on Crosswalk Peak Hour:04:30 PM - 05:30 PM Peak 15-Minutes:05:15 PM - 05:30 PM 803 1,083 0 0 1,001722 99 98 0.97 N S EW 0.94 0.00 0.95 0.74 (2,155)(1,507) () () (183) (172) (2,023)(1,364)92000 0 0 11 0 88 0 0 711699500CR 154 (OLD SH82) CR 154 (OLD SH82) SH82 SH 82 0 000N S EW 0000 0 0 00Left Thru Right Total EastboundInterval Start Time Rolling Hour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 4:00 PM 0 4 265 0 0 1500170000 452 0 0 0 01,87210015 4:15 PM 0 4 248 0 0 1850160000 481 0 0 0 01,89560022 4:30 PM 0 5 241 0 0 1740210000 472 0 0 0 01,90330028 4:45 PM 0 0 259 0 0 1710200000 467 0 0 0 01,90010016 5:00 PM 0 1 225 0 0 1940310000 475 0 0 0 01,83030021 5:15 PM 0 0 270 0 0 1720160000 489 0 0 0 040027 5:30 PM 0 0 260 0 0 1740140000 469 0 0 0 030018 5:45 PM 0 2 239 0 0 1200130000 397 0 0 0 030020 Count Total 1670024 3,7021,340002,00716000001480 0000 Peak Hour 0 88 0 0 0 0 0 6 995 0 0 711 1,903110092 0 0 0 0 Flying M Ranch Traffic Impact Assessment Appendix B APPENDIX B . EXISTING CONDITIONS LOS WORKSHEETS HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Existing AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 964 131 37 633 0 170 0 21 0 0 0 Future Volume (veh/h) 0 964 131 37 633 0 170 0 21 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1048 0 46 688 0 212 00000 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2231 57 2647 0 456 0 0 167 0 Arrive On Green 0.00 0.64 0.00 0.03 0.76 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1048 0 46 688 0 212 00000 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 14.6 0.0 2.5 5.6 0.0 5.7 0.0 0.0 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 14.6 0.0 2.5 5.6 0.0 5.7 0.0 0.0 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2231 57 2647 0 456 0 0 167 0 V/C Ratio(X) 0.00 0.47 0.80 0.26 0.00 0.46 0.00 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 3618 126 4175 0 801 0 0 377 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 8.8 0.0 45.2 3.5 0.0 41.7 0.0 0.0 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.7 0.0 29.3 0.2 0.0 1.1 0.0 0.0 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 4.3 0.0 1.5 1.1 0.0 2.4 0.0 0.0 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 9.5 0.0 74.5 3.7 0.0 42.7 0.0 0.0 0.0 0.0 0.0 LnGrp LOS A A E A A D A A A A Approach Vol, veh/h 1048 A 734 212 A 0 Approach Delay, s/veh 9.5 8.1 42.7 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 11.2 67.6 15.4 78.8 15.4 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 4.5 16.6 0.0 7.6 7.7 Green Ext Time (p_c), s 0.0 43.5 0.0 24.6 0.7 Intersection Summary HCM 6th Ctrl Delay 12.5 HCM 6th LOS B Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [NBR, EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Existing AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.3 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 5 161 138 30 30 5 Future Vol, veh/h 5 161 138 30 30 5 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 6 175 150 38 38 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 188 0 - 0 356 169 Stage 1 - - - - 169 - Stage 2 - - - - 187 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1351 - - - 630 860 Stage 1 - - - - 846 - Stage 2 - - - - 831 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1351 - - - 627 860 Mov Cap-2 Maneuver - - - - 627 - Stage 1 - - - - 842 - Stage 2 - - - - 831 - Approach NB SB NE HCM Control Delay, s 0.3 0 10.9 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 652 1351 - - - HCM Lane V/C Ratio 0.067 0.005 - - - HCM Control Delay (s) 10.9 7.7 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.2 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Existing AM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 3.7 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 54 54 77 66 66 112 Future Vol, veh/h 54 54 77 66 66 112 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 59 59 84 72 72 122 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 350 84 0 0 156 0 Stage 1 84 ----- Stage 2 266 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 647 975 - - 1424 - Stage 1 939 ----- Stage 2 779 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 614 975 - - 1424 - Mov Cap-2 Maneuver 614 ----- Stage 1 891 ----- Stage 2 779 ----- Approach EB SE NW HCM Control Delay, s 10.2 0 2.8 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1424 - 614 975 - - HCM Lane V/C Ratio 0.05 - 0.096 0.06 - - HCM Control Delay (s) 7.7 - 11.5 8.9 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.2 - 0.3 0.2 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Existing PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 711 92 6 995 0 88 0 11 0 0 0 Future Volume (veh/h) 0 711 92 6 995 0 88 0 11 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 773 0 8 1082 0 110 00000 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2288 14 2661 0 382 0 0 113 0 Arrive On Green 0.00 0.65 0.00 0.01 0.76 0.00 0.06 0.00 0.00 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 773 0 8 1082 0 110 00000 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 8.0 0.0 0.4 8.7 0.0 2.6 0.0 0.0 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 8.0 0.0 0.4 8.7 0.0 2.6 0.0 0.0 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2288 14 2661 0 382 0 0 113 0 V/C Ratio(X) 0.00 0.34 0.58 0.41 0.00 0.29 0.00 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 4201 146 4847 0 930 0 0 438 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 6.2 0.0 40.1 3.4 0.0 37.0 0.0 0.0 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.4 0.0 44.8 0.5 0.0 0.6 0.0 0.0 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 2.0 0.0 0.3 1.3 0.0 1.1 0.0 0.0 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 6.6 0.0 84.9 3.8 0.0 37.6 0.0 0.0 0.0 0.0 0.0 LnGrp LOS A A F A A D A A A A Approach Vol, veh/h 773 A 1090 110 A 0 Approach Delay, s/veh 6.6 4.4 37.6 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 8.7 60.6 11.9 69.3 11.9 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 2.4 10.0 0.0 10.7 4.6 Green Ext Time (p_c), s 0.0 28.4 0.0 51.1 0.4 Intersection Summary HCM 6th Ctrl Delay 7.1 HCM 6th LOS A Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [NBR, EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Existing PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.5 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 5 79 68 30 20 5 Future Vol, veh/h 5 79 68 30 20 5 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 6 86 74 38 25 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 112 0 - 0 191 93 Stage 1 - - - - 93 - Stage 2 - - - - 98 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1441 - - - 784 948 Stage 1 - - - - 916 - Stage 2 - - - - 911 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1441 - - - 781 948 Mov Cap-2 Maneuver - - - - 781 - Stage 1 - - - - 912 - Stage 2 - - - - 911 - Approach NB SB NE HCM Control Delay, s 0.5 0 9.6 HCM LOS A Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 810 1441 - - - HCM Lane V/C Ratio 0.039 0.004 - - - HCM Control Delay (s) 9.6 7.5 0 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0.1 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Existing PM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 4.3 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 40 40 41 32 33 44 Future Vol, veh/h 40 40 41 32 33 44 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 43 43 45 35 36 48 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 165 45 0 0 80 0 Stage 1 45 ----- Stage 2 120 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 826 1025 - - 1518 - Stage 1 977 ----- Stage 2 905 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 806 1025 - - 1518 - Mov Cap-2 Maneuver 806 ----- Stage 1 954 ----- Stage 2 905 ----- Approach EB SE NW HCM Control Delay, s 9.2 0 3.2 HCM LOS A Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1518 - 806 1025 - - HCM Lane V/C Ratio 0.024 - 0.054 0.042 - - HCM Control Delay (s) 7.4 - 9.7 8.7 - - HCM Lane LOS A - A A - - HCM 95th %tile Q(veh) 0.1 - 0.2 0.1 - - Flying M Ranch Traffic Impact Assessment Appendix C APPENDIX C . BACKGROUND TRAFFIC LOS WORKSHEETS HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Short Term Background AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 1004 136 39 659 0 177 0 22 0 0 0 Future Volume (veh/h) 0 1004 136 39 659 0 177 0 22 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1091 0 49 716 0 221 0 28 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2252 62 2662 0 458 0 139 0 172 0 Arrive On Green 0.00 0.64 0.00 0.04 0.76 0.00 0.09 0.00 0.09 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1091 0 49 716 0 221 0 28 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 15.9 0.0 2.8 6.1 0.0 6.2 0.0 1.7 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 15.9 0.0 2.8 6.1 0.0 6.2 0.0 1.7 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2252 62 2662 0 458 0 139 0 172 0 V/C Ratio(X) 0.00 0.48 0.80 0.27 0.00 0.48 0.00 0.20 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 3454 120 3986 0 765 0 275 0 360 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 9.1 0.0 47.2 3.5 0.0 43.5 0.0 41.5 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.7 0.0 27.1 0.2 0.0 1.1 0.0 1.0 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 4.8 0.0 1.6 1.2 0.0 2.6 0.0 0.7 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 9.9 0.0 74.3 3.8 0.0 44.7 0.0 42.5 0.0 0.0 0.0 LnGrp LOS A A E A A D A D A A A Approach Vol, veh/h 1091 A 765 249 0 Approach Delay, s/veh 9.9 8.3 44.4 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 11.6 71.1 16.1 82.6 16.1 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 4.8 17.9 0.0 8.1 8.2 Green Ext Time (p_c), s 0.0 45.6 0.0 26.1 0.8 Intersection Summary HCM 6th Ctrl Delay 13.4 HCM 6th LOS B Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Short Term Background AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.3 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 5 169 145 30 30 5 Future Vol, veh/h 5 169 145 30 30 5 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 6 184 158 38 38 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 196 0 - 0 373 177 Stage 1 - - - - 177 - Stage 2 - - - - 196 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1342 - - - 616 851 Stage 1 - - - - 839 - Stage 2 - - - - 823 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1342 - - - 613 851 Mov Cap-2 Maneuver - - - - 613 - Stage 1 - - - - 835 - Stage 2 - - - - 823 - Approach NB SB NE HCM Control Delay, s 0.3 0 11 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 639 1342 - - - HCM Lane V/C Ratio 0.068 0.005 - - - HCM Control Delay (s) 11 7.7 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.2 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Short Term Background AM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 3.6 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 54 54 84 66 66 120 Future Vol, veh/h 54 54 84 66 66 120 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 59 59 91 72 72 130 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 365 91 0 0 163 0 Stage 1 91 ----- Stage 2 274 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 635 967 - - 1416 - Stage 1 933 ----- Stage 2 772 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 603 967 - - 1416 - Mov Cap-2 Maneuver 603 ----- Stage 1 885 ----- Stage 2 772 ----- Approach EB SE NW HCM Control Delay, s 10.3 0 2.7 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1416 - 603 967 - - HCM Lane V/C Ratio 0.051 - 0.097 0.061 - - HCM Control Delay (s) 7.7 - 11.6 9 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.2 - 0.3 0.2 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Short Term Background PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 740 96 6 1036 0 92 0 11 0 0 0 Future Volume (veh/h) 0 740 96 6 1036 0 92 0 11 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 804 0 8 1126 0 115 0 14 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2332 14 2688 0 377 0 93 0 115 0 Arrive On Green 0.00 0.67 0.00 0.01 0.77 0.00 0.06 0.00 0.06 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 804 0 8 1126 0 115 0 14 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 8.5 0.0 0.4 9.4 0.0 2.8 0.0 0.7 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 8.5 0.0 0.4 9.4 0.0 2.8 0.0 0.7 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2332 14 2688 0 377 0 93 0 115 0 V/C Ratio(X) 0.00 0.34 0.58 0.42 0.00 0.30 0.00 0.15 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 3997 139 4612 0 885 0 319 0 417 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 6.1 0.0 42.2 3.4 0.0 38.9 0.0 37.9 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.4 0.0 45.3 0.5 0.0 0.6 0.0 1.1 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 2.2 0.0 0.3 1.4 0.0 1.2 0.0 0.3 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 6.6 0.0 87.5 3.8 0.0 39.5 0.0 39.0 0.0 0.0 0.0 LnGrp LOS A A F A A D A D A A A Approach Vol, veh/h 804 A 1134 129 0 Approach Delay, s/veh 6.6 4.4 39.5 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 8.7 64.4 12.2 73.1 12.2 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 2.4 10.5 0.0 11.4 4.8 Green Ext Time (p_c), s 0.0 30.1 0.0 54.2 0.4 Intersection Summary HCM 6th Ctrl Delay 7.4 HCM 6th LOS A Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Short Term Background PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.4 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 5 83 72 30 20 5 Future Vol, veh/h 5 83 72 30 20 5 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 6 90 78 38 25 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 116 0 - 0 199 97 Stage 1 - - - - 97 - Stage 2 - - - - 102 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1436 - - - 776 943 Stage 1 - - - - 912 - Stage 2 - - - - 907 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1436 - - - 773 943 Mov Cap-2 Maneuver - - - - 773 - Stage 1 - - - - 908 - Stage 2 - - - - 907 - Approach NB SB NE HCM Control Delay, s 0.5 0 9.7 HCM LOS A Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 802 1436 - - - HCM Lane V/C Ratio 0.039 0.004 - - - HCM Control Delay (s) 9.7 7.5 0 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0.1 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Short Term Background PM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 4.1 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 40 40 45 32 33 48 Future Vol, veh/h 40 40 45 32 33 48 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 43 43 49 35 36 52 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 173 49 0 0 84 0 Stage 1 49 ----- Stage 2 124 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 817 1020 - - 1513 - Stage 1 973 ----- Stage 2 902 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 797 1020 - - 1513 - Mov Cap-2 Maneuver 797 ----- Stage 1 950 ----- Stage 2 902 ----- Approach EB SE NW HCM Control Delay, s 9.3 0 3 HCM LOS A Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1513 - 797 1020 - - HCM Lane V/C Ratio 0.024 - 0.055 0.043 - - HCM Control Delay (s) 7.4 - 9.8 8.7 - - HCM Lane LOS A - A A - - HCM 95th %tile Q(veh) 0.1 - 0.2 0.1 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Long Term Background AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 1315 179 50 864 0 232 0 29 0 0 0 Future Volume (veh/h) 0 1315 179 50 864 0 232 0 29 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1429 0 62 939 0 290 0 36 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2346 78 2728 0 472 0 159 0 197 0 Arrive On Green 0.00 0.67 0.00 0.05 0.78 0.00 0.11 0.00 0.11 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1429 0 62 939 0 290 0 36 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 28.8 0.0 4.6 10.2 0.0 10.6 0.0 2.8 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 28.8 0.0 4.6 10.2 0.0 10.6 0.0 2.8 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2346 78 2728 0 472 0 159 0 197 0 V/C Ratio(X) 0.00 0.61 0.79 0.34 0.00 0.61 0.00 0.23 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 2691 94 3105 0 596 0 214 0 280 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 11.6 0.0 59.8 4.2 0.0 55.4 0.0 51.9 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 1.2 0.0 34.1 0.3 0.0 1.9 0.0 1.0 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 9.6 0.0 2.6 2.5 0.0 4.6 0.0 1.1 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 12.8 0.0 93.9 4.5 0.0 57.3 0.0 52.9 0.0 0.0 0.0 LnGrp LOS A B F AAEADAAA Approach Vol, veh/h 1429 A 1001 326 0 Approach Delay, s/veh 12.8 10.1 56.8 0.0 Approach LOS B B E Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 13.8 92.5 20.4 106.3 20.4 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 6.6 30.8 0.0 12.2 12.6 Green Ext Time (p_c), s 0.0 54.2 0.0 40.3 0.8 Intersection Summary HCM 6th Ctrl Delay 17.0 HCM 6th LOS B Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Long Term Background AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.1 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 5 231 199 30 30 5 Future Vol, veh/h 5 231 199 30 30 5 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 6 251 216 38 38 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 254 0 - 0 498 235 Stage 1 - - - - 235 - Stage 2 - - - - 263 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1277 - - - 521 789 Stage 1 - - - - 790 - Stage 2 - - - - 767 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1277 - - - 518 789 Mov Cap-2 Maneuver - - - - 518 - Stage 1 - - - - 786 - Stage 2 - - - - 767 - Approach NB SB NE HCM Control Delay, s 0.2 0 12.2 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 545 1277 - - - HCM Lane V/C Ratio 0.08 0.005 - - - HCM Control Delay (s) 12.2 7.8 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.3 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Long Term Background AM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 3.1 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 54 54 138 66 66 182 Future Vol, veh/h 54 54 138 66 66 182 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 59 59 150 72 72 198 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 492 150 0 0 222 0 Stage 1 150 ----- Stage 2 342 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 536 896 - - 1347 - Stage 1 878 ----- Stage 2 719 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 508 896 - - 1347 - Mov Cap-2 Maneuver 508 ----- Stage 1 831 ----- Stage 2 719 ----- Approach EB SE NW HCM Control Delay, s 11.2 0 2.1 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1347 - 508 896 - - HCM Lane V/C Ratio 0.053 - 0.116 0.066 - - HCM Control Delay (s) 7.8 - 13 9.3 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.2 - 0.4 0.2 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Long Term Background PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 970 126 8 1357 0 120 0 15 0 0 0 Future Volume (veh/h) 0 970 126 8 1357 0 120 0 15 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1054 0 10 1475 0 150 0 19 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2542 16 2822 0 349 0 99 0 123 0 Arrive On Green 0.00 0.73 0.00 0.01 0.81 0.00 0.07 0.00 0.07 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1054 0 10 1475 0 150 0 19 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 13.4 0.0 0.7 16.0 0.0 4.9 0.0 1.4 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 13.4 0.0 0.7 16.0 0.0 4.9 0.0 1.4 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2542 16 2822 0 349 0 99 0 123 0 V/C Ratio(X) 0.00 0.41 0.62 0.52 0.00 0.43 0.00 0.19 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 3000 104 3462 0 664 0 239 0 313 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 6.1 0.0 56.1 3.7 0.0 51.9 0.0 50.2 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.5 0.0 44.2 0.7 0.0 1.2 0.0 1.3 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 3.7 0.0 0.5 2.9 0.0 2.1 0.0 0.5 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 6.6 0.0 100.3 4.4 0.0 53.1 0.0 51.6 0.0 0.0 0.0 LnGrp LOS A A F A A D A D A A A Approach Vol, veh/h 1054 A 1485 169 0 Approach Delay, s/veh 6.6 5.0 52.9 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 9.1 90.1 14.5 99.2 14.5 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 2.7 15.4 0.0 18.0 6.9 Green Ext Time (p_c), s 0.0 44.2 0.0 73.7 0.5 Intersection Summary HCM 6th Ctrl Delay 8.6 HCM 6th LOS A Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Long Term Background PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.2 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 5 115 104 30 20 5 Future Vol, veh/h 5 115 104 30 20 5 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 6 125 113 38 25 6 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 151 0 - 0 269 132 Stage 1 - - - - 132 - Stage 2 - - - - 137 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1394 - - - 708 902 Stage 1 - - - - 880 - Stage 2 - - - - 875 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1394 - - - 704 902 Mov Cap-2 Maneuver - - - - 704 - Stage 1 - - - - 876 - Stage 2 - - - - 875 - Approach NB SB NE HCM Control Delay, s 0.4 0 10.1 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 736 1394 - - - HCM Lane V/C Ratio 0.042 0.004 - - - HCM Control Delay (s) 10.1 7.6 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.1 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Long Term Background PM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 3.4 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 40 40 77 32 33 80 Future Vol, veh/h 40 40 77 32 33 80 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 43 43 84 35 36 87 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 243 84 0 0 119 0 Stage 1 84 ----- Stage 2 159 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 745 975 - - 1469 - Stage 1 939 ----- Stage 2 870 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 726 975 - - 1469 - Mov Cap-2 Maneuver 726 ----- Stage 1 916 ----- Stage 2 870 ----- Approach EB SE NW HCM Control Delay, s 9.6 0 2.2 HCM LOS A Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1469 - 726 975 - - HCM Lane V/C Ratio 0.024 - 0.06 0.045 - - HCM Control Delay (s) 7.5 - 10.3 8.9 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.1 - 0.2 0.1 - - Flying M Ranch Traffic Impact Assessment Appendix D APPENDIX D . TOTAL TRAFFIC LOS WORKSHEETS HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 6/26/2018 Flying M Ranch Short Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 1004 173 51 659 0 232 0 40 0 0 0 Future Volume (veh/h) 0 1004 173 51 659 0 232 0 40 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1091 0 64 716 0 290 0 50 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2181 81 2617 0 519 0 169 0 210 0 Arrive On Green 0.00 0.62 0.00 0.05 0.75 0.00 0.11 0.00 0.11 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1091 0 64 716 0 290 0 50 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 17.7 0.0 3.9 6.7 0.0 8.6 0.0 3.2 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 17.7 0.0 3.9 6.7 0.0 8.6 0.0 3.2 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2181 81 2617 0 519 0 169 0 210 0 V/C Ratio(X) 0.00 0.50 0.79 0.27 0.00 0.56 0.00 0.30 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 3283 114 3788 0 727 0 262 0 342 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 10.7 0.0 48.9 4.1 0.0 44.8 0.0 42.3 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.8 0.0 25.6 0.3 0.0 1.3 0.0 1.4 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 5.7 0.0 2.1 1.6 0.0 3.7 0.0 1.2 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 11.5 0.0 74.5 4.4 0.0 46.1 0.0 43.7 0.0 0.0 0.0 LnGrp LOS A B E A A D A D A A A Approach Vol, veh/h 1091 A 780 340 0 Approach Delay, s/veh 11.5 10.2 45.8 0.0 Approach LOS B B D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 13.0 72.3 18.6 85.2 18.6 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 5.9 19.7 0.0 8.7 10.6 Green Ext Time (p_c), s 0.0 45.0 0.0 26.1 1.0 Intersection Summary HCM 6th Ctrl Delay 16.3 HCM 6th LOS B Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 6/26/2018 Flying M Ranch Short Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.3 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 12 238 167 57 34 6 Future Vol, veh/h 12 238 167 57 34 6 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 15 259 182 71 43 8 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 253 0 - 0 507 218 Stage 1 - - - - 218 - Stage 2 - - - - 289 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1278 - - - 515 807 Stage 1 - - - - 804 - Stage 2 - - - - 747 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1278 - - - 508 807 Mov Cap-2 Maneuver - - - - 508 - Stage 1 - - - - 793 - Stage 2 - - - - 747 - Approach NB SB NE HCM Control Delay, s 0.4 0 12.4 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 538 1278 - - - HCM Lane V/C Ratio 0.093 0.012 - - - HCM Control Delay (s) 12.4 7.9 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.3 0 - - - HCM 6th TWSC 3: CR 154 & School Access 6/26/2018 Flying M Ranch Short Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 4.7 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 111 70 89 84 70 139 Future Vol, veh/h 111 70 89 84 70 139 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 121 76 97 91 76 151 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 400 97 0 0 188 0 Stage 1 97 ----- Stage 2 303 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 606 959 - - 1386 - Stage 1 927 ----- Stage 2 749 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 573 959 - - 1386 - Mov Cap-2 Maneuver 573 ----- Stage 1 876 ----- Stage 2 749 ----- Approach EB SE NW HCM Control Delay, s 11.5 0 2.6 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1386 - 573 959 - - HCM Lane V/C Ratio 0.055 - 0.211 0.079 - - HCM Control Delay (s) 7.7 - 13 9.1 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.2 - 0.8 0.3 - - HCM 6th TWSC 13: CR 154 & South Site Access 6/26/2018 Flying M Ranch Short Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 3 Intersection Int Delay, s/veh 0.5 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 12 4 155 4 2 197 Future Vol, veh/h 12 4 155 4 2 197 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 13 4 168 4 2 214 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 388 170 0 0 172 0 Stage 1 170 ----- Stage 2 218 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 616 874 - - 1405 - Stage 1 860 ----- Stage 2 818 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 615 874 - - 1405 - Mov Cap-2 Maneuver 615 ----- Stage 1 858 ----- Stage 2 818 ----- Approach EB SE NW HCM Control Delay, s 10.6 0 0.1 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1 SET SER Capacity (veh/h) 1405 - 664 - - HCM Lane V/C Ratio 0.002 - 0.026 - - HCM Control Delay (s) 7.6 0 10.6 - - HCM Lane LOS A A B - - HCM 95th %tile Q(veh) 0 - 0.1 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Short Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 740 151 24 1036 0 131 0 24 0 0 0 Future Volume (veh/h) 0 740 151 24 1036 0 131 0 24 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 804 0 30 1126 0 164 0 30 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2243 40 2646 0 428 0 117 0 145 0 Arrive On Green 0.00 0.64 0.00 0.02 0.76 0.00 0.08 0.00 0.08 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 804 0 30 1126 0 164 0 30 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 9.4 0.0 1.5 10.1 0.0 4.1 0.0 1.6 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 9.4 0.0 1.5 10.1 0.0 4.1 0.0 1.6 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2243 40 2646 0 428 0 117 0 145 0 V/C Ratio(X) 0.00 0.36 0.75 0.43 0.00 0.38 0.00 0.26 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 3902 136 4502 0 864 0 311 0 407 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 7.3 0.0 42.4 3.8 0.0 39.1 0.0 37.9 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.4 0.0 31.8 0.5 0.0 0.8 0.0 1.6 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 2.6 0.0 1.0 1.8 0.0 1.7 0.0 0.6 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 7.7 0.0 74.2 4.3 0.0 39.9 0.0 39.6 0.0 0.0 0.0 LnGrp LOS A A E A A D A D A A A Approach Vol, veh/h 804 A 1156 194 0 Approach Delay, s/veh 7.7 6.1 39.8 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 10.1 63.5 13.8 73.6 13.8 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 3.5 11.4 0.0 12.1 6.1 Green Ext Time (p_c), s 0.0 30.0 0.0 54.0 0.7 Intersection Summary HCM 6th Ctrl Delay 9.8 HCM 6th LOS A Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Short Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.5 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 6 124 142 33 31 8 Future Vol, veh/h 6 124 142 33 31 8 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 8 135 154 41 39 10 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 195 0 - 0 326 175 Stage 1 - - - - 175 - Stage 2 - - - - 151 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1343 - - - 656 853 Stage 1 - - - - 841 - Stage 2 - - - - 862 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1343 - - - 652 853 Mov Cap-2 Maneuver - - - - 652 - Stage 1 - - - - 836 - Stage 2 - - - - 862 - Approach NB SB NE HCM Control Delay, s 0.4 0 10.7 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 685 1343 - - - HCM Lane V/C Ratio 0.071 0.006 - - - HCM Control Delay (s) 10.7 7.7 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.2 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Short Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 4.2 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 73 48 62 88 49 57 Future Vol, veh/h 73 48 62 88 49 57 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 79 52 67 96 53 62 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 235 67 0 0 163 0 Stage 1 67 ----- Stage 2 168 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 753 997 - - 1416 - Stage 1 956 ----- Stage 2 862 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 725 997 - - 1416 - Mov Cap-2 Maneuver 725 ----- Stage 1 921 ----- Stage 2 862 ----- Approach EB SE NW HCM Control Delay, s 9.9 0 3.5 HCM LOS A Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1416 - 725 997 - - HCM Lane V/C Ratio 0.038 - 0.109 0.052 - - HCM Control Delay (s) 7.6 - 10.6 8.8 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.1 - 0.4 0.2 - - HCM 6th TWSC 13: CR 154 & South Site Access 06/26/2018 Flying M Ranch Short Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 3 Intersection Int Delay, s/veh 0.6 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 8 3 96 14 4 98 Future Vol, veh/h 8 3 96 14 4 98 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 9 3 104 15 4 107 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 227 112 0 0 119 0 Stage 1 112 ----- Stage 2 115 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 761 941 - - 1469 - Stage 1 913 ----- Stage 2 910 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 759 941 - - 1469 - Mov Cap-2 Maneuver 759 ----- Stage 1 910 ----- Stage 2 910 ----- Approach EB SE NW HCM Control Delay, s 9.6 0 0.3 HCM LOS A Minor Lane/Major Mvmt NWL NWTEBLn1 SET SER Capacity (veh/h) 1469 - 801 - - HCM Lane V/C Ratio 0.003 - 0.015 - - HCM Control Delay (s) 7.5 0 9.6 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0 - 0 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Long Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 1315 216 62 864 0 287 0 47 0 0 0 Future Volume (veh/h) 0 1315 216 62 864 0 287 0 47 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1429 0 78 939 0 359 0 59 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2283 90 2682 0 527 0 186 0 230 0 Arrive On Green 0.00 0.65 0.00 0.05 0.77 0.00 0.12 0.00 0.12 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1429 0 78 939 0 359 0 59 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 31.6 0.0 6.0 11.3 0.0 13.7 0.0 4.7 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 31.6 0.0 6.0 11.3 0.0 13.7 0.0 4.7 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2283 90 2682 0 527 0 186 0 230 0 V/C Ratio(X) 0.00 0.63 0.86 0.35 0.00 0.68 0.00 0.32 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 2591 90 2990 0 574 0 207 0 270 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 13.4 0.0 61.8 4.9 0.0 56.6 0.0 52.7 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 1.3 0.0 54.5 0.4 0.0 3.4 0.0 1.4 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 10.9 0.0 3.9 3.0 0.0 6.1 0.0 1.8 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 14.7 0.0 116.3 5.3 0.0 60.0 0.0 54.0 0.0 0.0 0.0 LnGrp LOS A B F AAEADAAA Approach Vol, veh/h 1429 A 1017 418 0 Approach Delay, s/veh 14.7 13.8 59.2 0.0 Approach LOS B B E Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 15.0 93.4 23.2 108.4 23.2 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 8.0 33.6 0.0 13.3 15.7 Green Ext Time (p_c), s 0.0 52.3 0.0 40.2 0.5 Intersection Summary HCM 6th Ctrl Delay 20.9 HCM 6th LOS C Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Long Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.2 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 12 300 221 57 34 6 Future Vol, veh/h 12 300 221 57 34 6 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 15 326 240 71 43 8 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 311 0 - 0 632 276 Stage 1 - - - - 276 - Stage 2 - - - - 356 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1216 - - - 435 749 Stage 1 - - - - 757 - Stage 2 - - - - 696 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1216 - - - 428 749 Mov Cap-2 Maneuver - - - - 428 - Stage 1 - - - - 746 - Stage 2 - - - - 696 - Approach NB SB NE HCM Control Delay, s 0.4 0 13.8 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 457 1216 - - - HCM Lane V/C Ratio 0.109 0.012 - - - HCM Control Delay (s) 13.8 8 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.4 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Long Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 4.2 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 111 70 143 84 70 201 Future Vol, veh/h 111 70 143 84 70 201 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 121 76 155 91 76 218 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 525 155 0 0 246 0 Stage 1 155 ----- Stage 2 370 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 513 891 - - 1320 - Stage 1 873 ----- Stage 2 699 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 483 891 - - 1320 - Mov Cap-2 Maneuver 483 ----- Stage 1 822 ----- Stage 2 699 ----- Approach EB SE NW HCM Control Delay, s 12.8 0 2 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1320 - 483 891 - - HCM Lane V/C Ratio 0.058 - 0.25 0.085 - - HCM Control Delay (s) 7.9 - 14.9 9.4 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.2 - 1 0.3 - - HCM 6th TWSC 8: CR 154 & South Site Access 06/26/2018 Flying M Ranch Long Term Total AM Synchro 10 Report Felsburg Holt & Ullevig Page 3 Intersection Int Delay, s/veh 0.4 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 12 4 209 4 2 259 Future Vol, veh/h 12 4 209 4 2 259 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 13 4 227 4 2 282 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 515 229 0 0 231 0 Stage 1 229 ----- Stage 2 286 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 520 810 - - 1337 - Stage 1 809 ----- Stage 2 763 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 519 810 - - 1337 - Mov Cap-2 Maneuver 519 ----- Stage 1 807 ----- Stage 2 763 ----- Approach EB SE NW HCM Control Delay, s 11.5 0 0.1 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1 SET SER Capacity (veh/h) 1337 - 570 - - HCM Lane V/C Ratio 0.002 - 0.031 - - HCM Control Delay (s) 7.7 0 11.5 - - HCM Lane LOS A A B - - HCM 95th %tile Q(veh) 0 - 0.1 - - HCM 6th Signalized Intersection Summary 1: CR 154 & SH 82 06/26/2018 Flying M Ranch Long Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 0 970 181 26 1357 0 159 0 28 0 0 0 Future Volume (veh/h) 0 970 181 26 1357 0 159 0 28 0 0 0 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 0 1841 1781 1781 1841 0 1781 1870 1781 1870 1870 1870 Adj Flow Rate, veh/h 0 1054 0 32 1475 0 199 0 35 0 0 0 Peak Hour Factor 0.92 0.92 0.80 0.80 0.92 0.92 0.80 0.92 0.80 0.92 0.92 0.92 Percent Heavy Veh, %048840828222 Cap, veh/h 0 2456 39 2778 0 399 0 122 0 151 0 Arrive On Green 0.00 0.70 0.00 0.02 0.79 0.00 0.08 0.00 0.08 0.00 0.00 0.00 Sat Flow, veh/h 0 3589 1510 1697 3589 0 3393 0 1510 0 1870 0 Grp Volume(v), veh/h 0 1054 0 32 1475 0 199 0 35 0 0 0 Grp Sat Flow(s),veh/h/ln 0 1749 1510 1697 1749 0 1697 0 1510 0 1870 0 Q Serve(g_s), s 0.0 14.9 0.0 2.2 17.4 0.0 6.7 0.0 2.5 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.0 14.9 0.0 2.2 17.4 0.0 6.7 0.0 2.5 0.0 0.0 0.0 Prop In Lane 0.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 Lane Grp Cap(c), veh/h 0 2456 39 2778 0 399 0 122 0 151 0 V/C Ratio(X) 0.00 0.43 0.81 0.53 0.00 0.50 0.00 0.29 0.00 0.00 0.00 Avail Cap(c_a), veh/h 0 2936 102 3388 0 650 0 234 0 306 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 Uniform Delay (d), s/veh 0.0 7.4 0.0 56.5 4.3 0.0 52.1 0.0 50.2 0.0 0.0 0.0 Incr Delay (d2), s/veh 0.0 0.6 0.0 40.8 0.7 0.0 1.4 0.0 1.8 0.0 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.0 4.4 0.0 1.3 3.6 0.0 2.9 0.0 1.0 0.0 0.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 7.9 0.0 97.3 5.0 0.0 53.5 0.0 52.0 0.0 0.0 0.0 LnGrp LOS A A F A A D A D A A A Approach Vol, veh/h 1054 A 1507 234 0 Approach Delay, s/veh 7.9 6.9 53.3 0.0 Approach LOS A A D Timer - Assigned Phs 1 2468 Phs Duration (G+Y+Rc), s 10.7 89.0 16.4 99.7 16.4 Change Period (Y+Rc), s 8.0 7.5 * 7 7.5 7.0 Max Green Setting (Gmax), s 7.0 97.5 * 19 112.5 18.0 Max Q Clear Time (g_c+I1), s 4.2 16.9 0.0 19.4 8.7 Green Ext Time (p_c), s 0.0 43.8 0.0 72.8 0.7 Intersection Summary HCM 6th Ctrl Delay 11.2 HCM 6th LOS B Notes User approved volume balancing among the lanes for turning movement. * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Unsignalized Delay for [EBR] is excluded from calculations of the approach delay and intersection delay. HCM 6th TWSC 2: FedEx Access & CR 154 06/26/2018 Flying M Ranch Long Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 1 Intersection Int Delay, s/veh 1.3 Movement NBL NBT SBT SBR NEL NER Lane Configurations Traffic Vol, veh/h 6 156 174 33 31 8 Future Vol, veh/h 6 156 174 33 31 8 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - - - - 0 - Veh in Median Storage, # - 0 0 - 0 - Grade, % - 0 0 - 0 - Peak Hour Factor 80 92 92 80 80 80 Heavy Vehicles, % 8 33888 Mvmt Flow 8 170 189 41 39 10 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 230 0 - 0 396 210 Stage 1 - - - - 210 - Stage 2 - - - - 186 - Critical Hdwy 4.18 - - - 6.48 6.28 Critical Hdwy Stg 1 - - - - 5.48 - Critical Hdwy Stg 2 - - - - 5.48 - Follow-up Hdwy 2.272 - - - 3.572 3.372 Pot Cap-1 Maneuver 1303 - - - 598 815 Stage 1 - - - - 811 - Stage 2 - - - - 832 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1303 - - - 594 815 Mov Cap-2 Maneuver - - - - 594 - Stage 1 - - - - 805 - Stage 2 - - - - 832 - Approach NB SB NE HCM Control Delay, s 0.3 0 11.2 HCM LOS B Minor Lane/Major Mvmt NELn1 NBL NBT SBT SBR Capacity (veh/h) 629 1303 - - - HCM Lane V/C Ratio 0.078 0.006 - - - HCM Control Delay (s) 11.2 7.8 0 - - HCM Lane LOS B A A - - HCM 95th %tile Q(veh) 0.3 0 - - - HCM 6th TWSC 3: CR 154 & School Access 06/26/2018 Flying M Ranch Long Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 2 Intersection Int Delay, s/veh 3.7 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 73 48 94 88 49 89 Future Vol, veh/h 73 48 94 88 49 89 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 100 0 - 100 50 - Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 79 52 102 96 53 97 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 305 102 0 0 198 0 Stage 1 102 ----- Stage 2 203 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 687 953 - - 1375 - Stage 1 922 ----- Stage 2 831 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 660 953 - - 1375 - Mov Cap-2 Maneuver 660 ----- Stage 1 886 ----- Stage 2 831 ----- Approach EB SE NW HCM Control Delay, s 10.3 0 2.7 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1EBLn2 SET SER Capacity (veh/h) 1375 - 660 953 - - HCM Lane V/C Ratio 0.039 - 0.12 0.055 - - HCM Control Delay (s) 7.7 - 11.2 9 - - HCM Lane LOS A - B A - - HCM 95th %tile Q(veh) 0.1 - 0.4 0.2 - - HCM 6th TWSC 8: CR 154 & South Site Access 06/26/2018 Flying M Ranch Long Term Total PM Synchro 10 Report Felsburg Holt & Ullevig Page 3 Intersection Int Delay, s/veh 0.5 Movement EBL EBR SET SER NWL NWT Lane Configurations Traffic Vol, veh/h 8 3 128 14 4 130 Future Vol, veh/h 8 3 128 14 4 130 Conflicting Peds, #/hr 0 00000 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 ----- Veh in Median Storage, # 0 - 0 - - 0 Grade, % 0 - 0 - - 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 22222 Mvmt Flow 9 3 139 15 4 141 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 296 147 0 0 154 0 Stage 1 147 ----- Stage 2 149 ----- Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 ----- Critical Hdwy Stg 2 5.42 ----- Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 695 900 - - 1426 - Stage 1 880 ----- Stage 2 879 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 693 900 - - 1426 - Mov Cap-2 Maneuver 693 ----- Stage 1 877 ----- Stage 2 879 ----- Approach EB SE NW HCM Control Delay, s 10 0 0.2 HCM LOS B Minor Lane/Major Mvmt NWL NWTEBLn1 SET SER Capacity (veh/h) 1426 - 739 - - HCM Lane V/C Ratio 0.003 - 0.016 - - HCM Control Delay (s) 7.5 0 10 - - HCM Lane LOS A A B - - HCM 95th %tile Q(veh) 0 - 0 - - Flying M Ranch Traffic Impact Assessment Appendix E APPENDIX E . QUEUING REPORTS Queuing and Blocking Report 06/26/2018 Flying M Ranch Short Term Total AM SimTraffic Report Felsburg Holt & Ullevig Page 1 Intersection: 1: CR 154 & SH 82 Movement EB EB EB WB WB WB NB NB NB Directions Served T T R L T T L LT R Maximum Queue (ft) 259 229 31 144 136 113 217 257 150 Average Queue (ft) 140 109 2 65 68 37 111 146 34 95th Queue (ft) 222 189 13 133 118 85 180 224 137 Link Distance (ft) 1051 1051 1350 1350 647 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 700 700 175 75 Storage Blk Time (%) 1 52 0 Queuing Penalty (veh) 2 101 1 Queuing and Blocking Report 06/26/2018 Flying M Ranch Short Term Total PM SimTraffic Report Felsburg Holt & Ullevig Page 1 Intersection: 1: CR 154 & SH 82 Movement EB EB EB WB WB WB NB NB NB Directions Served T T R L T T L LT R Maximum Queue (ft) 198 159 11 79 201 167 155 180 146 Average Queue (ft) 89 60 1 26 95 62 57 91 7 95th Queue (ft) 166 133 6 64 165 131 117 152 56 Link Distance (ft) 1051 1051 1350 1350 647 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 700 700 175 75 Storage Blk Time (%) 0 29 0 Queuing Penalty (veh) 0 33 0 Queuing and Blocking Report 06/26/2018 Flying M Ranch Long Term Total AM SimTraffic Report Felsburg Holt & Ullevig Page 1 Intersection: 1: CR 154 & SH 82 Movement EB EB EB WB WB WB NB NB NB Directions Served T T R L T T L LT R Maximum Queue (ft) 358 341 41 215 161 130 353 432 150 Average Queue (ft) 222 170 3 114 88 55 187 231 64 95th Queue (ft) 326 285 20 210 149 114 326 392 186 Link Distance (ft) 1084 1084 1350 1350 647 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 700 700 175 75 Storage Blk Time (%) 17 70 Queuing Penalty (veh) 41 166 Queuing and Blocking Report 06/26/2018 Flying M Ranch Long Term Total PM SimTraffic Report Felsburg Holt & Ullevig Page 1 Intersection: 1: CR 154 & SH 82 Movement EB EB EB WB WB WB NB NB NB Directions Served T T R L T T L LT R Maximum Queue (ft) 262 234 24 102 258 241 198 222 150 Average Queue (ft) 136 88 2 37 133 106 79 110 11 95th Queue (ft) 220 191 14 82 213 196 154 184 73 Link Distance (ft) 1084 1084 1350 1350 647 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 700 700 175 75 Storage Blk Time (%) 0 40 Queuing Penalty (veh) 0 53 Exhibit E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property Ecological Assessment of Eastbank Property for Minor Subdivision and Major Impact Review Garfield County, Colorado February 18, 2015 Report for: .HYLQ.LHUQDQ Ə'DYLV)DUUDU :HVWHUQ6ORSH&RQVXOWLQJ//& %DVDOW0W'U &DUERQGDOH&2 Report By: Colorado Wildlife Science, LLC Jonathan Lowsky, MS 0100 Elk Run Drive, Suite 128 Basalt, CO 81621 Page left intentionally blank. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | iii Table of Contents 1.0 INTRODUCTION..........................................................................................................................................1 2.0 METHODS ..................................................................................................................................................1 3.0 SITE DESCRIPTION & VEGETATION ............................................................................................................1 4.0 LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) ........................................2 4.1 THREATENED AND ENDANGERED SPECIES ....................................................................................................2 4.2 OTHER SPECIES OF INTEREST .....................................................................................................................5 5.0 IMPACT ANALYSIS §4-502(E) ....................................................................................................................8 5.1 THREATENED AND ENDANGERED SPECIES ....................................................................................................8 6.0 PROTECTION OF WILDLIFE HABITAT AREAS §7-202 .................................................................................9 7.0 LITERATURE CITED ...................................................................................................................................11 8.0 BACKGROUND & QUALIFICATIONS ..........................................................................................................13 MAPS .............................................................................................................................................................14 PHOTOS .........................................................................................................................................................18 APPENDIX A: CPW SAM mule deer and elk seasonal activity area definitions .............................................25 APPENDIX B: State of Colorado Threatened & Endangered Vertebrates .....................................................26 APPENDIX C: U.S. Fish & Wildlife Consultation Letter ..................................................................................28 Maps Map 1. Aerial view & vegetation ................................................................................................................. 15 Map 2. CPW mapped bald eagle & black bear seasonal habitats ................................................................ 16 Map 3. CPW mapped mule deer & elk field verified seasonal habitats ....................................................... 17 Photos Photo 1. Property is comprised of a series of terraces or benches .............................................................. 19 Photo 2. Dirt access road .............................................................................................................................. 19 Photo 3. Lower dirt access road to Parcel 2B ............................................................................................... 20 Photo 4. Higher quality sagebrush shrubland .............................................................................................. 20 Photo 5. Poor quality, disturbed sagebrush shrubland with no understory vegetation .............................. 21 Photo 6. Due to disturbance, rabbitbrush approaches co-dominance in remnant sagebrush stands ......... 21 Photo 7. Scotch thistle is a problem on the property ................................................................................... 22 Photo 8. Elk pellets were common on the February site assessment .......................................................... 22 Photo 9. Elk tracks were observed during the site visit ................................................................................ 23 Photo 10. The property is highly disturbed with large areas of bare soil and weeds .................................. 23 Photo 11. Non-native, invasive species and bare ground dominate large portions of the property ........... 24 Photo 12. Russian olive stand on the northwest end of the property ......................................................... 24 Page left intentionally blank. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | 1.0 INTRODUCTION 1 1.0 INTRODUCTION This report presents an evaluation of the wildlife, wildlife habitat, and ecological resources of a parcel of land known as Parcel 2A of the Eastbank Parcel 2 Lot Split (Parcel ID # 2185- 353-04-001) in unincorporated Garfield County and assesses the effects of the proposed minor subdivision and development on those resources. This analysis addresses significant wildlife use of the property, evaluates potential effects of development on wildlife, plants, and other important ecological resources, and recommends actions to reduce ecological impacts. This report specifically addresses potential impacts to wildlife, plants and plant communities per the Garfield County Land Use Code (LUC) – specifically, Land Suitability Analysis, Impact Analysis, and Section 7-202 Protection of Wildlife Habitat Areas. The applicant is proposing to subdivide the property for development of a commercial building, parking lots, and associated infrastructure. 2.0 METHODS This assessment is based on: (1) a February 11, 2015 site assessment; (2) a review of current Colorado Parks & Wildlife (CPW) Species Activity Mapping (SAM) (Colorado Division of Parks & Wildlife 2014); and (3) the author’s experience in recognizing, avoiding, minimizing, and mitigating potential impacts of development on wildlife and other ecological resources in Garfield County and western Colorado. 3.0 SITE DESCRIPTION & VEGETATION The property is situated in the North-Central Highlands and Rocky Mountain Section of the Southern Rocky Mountains Steppe - Open Woodland - Coniferous Forest - Alpine Meadow Physiographic Province (Bailey 1976, Omernik 1987, Bailey 1995, Bailey et al. 1998). Elevation of the property is approximately 5,940 feet above mean sea level and lies within the southwest quarter of Section 35 of Township 6 South, Range 89 of the 6th Principal Meridian. The property is dominated by a series of relatively flat terraces situated at a prominent bend in the Roaring Fork River (Figure 1) approximately 5 miles south-southwest of downtown Glenwood Springs, CO on the site of an old gravel pit . Each terrace is separated by a small, relatively steep slope that is characteristic of such river terraces in the Roaring Fork watershed (Photo 1). A dirt driveway (Photo 2) passes through the property providing access from Old Highway 82 to Parcel 2B of the Eastbank Parcel 2 Lot Split. The upper terrace (on the east side of the property) is dominated by a flood irrigated hay field on the north with commercial development and the remnants of the old gravel operation. Another dirt driveway passes through this portion of the property paralleling the river to the west of the developed area. This driveway also leads to Parcel 2B of the Lot Split (Photo 3). Outside of the hayfield and the developed areas, the vegetation is disturbed and quite sparse with large areas of bare soil. The slopes between the terraces are the most intact and the native plant communities that persist on those sites are likely remnants of the vegetation that once dominated the property – Big Sagebrush Shrubland (Photo 4). This Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 2 association occurs on moderate slopes between 4,500-6,900 feet. Big sagebrush is the dominant shrub with antelope bitterbrush, mountain-mahogany, and rabbitbrush occurring as well. Grasses such as needleandthread, Idaho fescue, bluebunch wheatgrass, and prairie junegrass are expected to occur within the sagebrush shrubland at this elevation but understory plants on the property are largely absent (Photo 5). Given the degree of disturbance on the site, the seral stage varies from patches of late successional versions of the big sagebrush plant community with nearly pure stands of sagebrush to larger areas where rabbitbrush is co-dominant or dominant (Photo 6). Although a thorough weed assessment has not been conducted, it is clear that there are serious weed infestations on the property. Again, this is largely due to past land uses on the property. Scotch thistle (Onopordum acanthium; Photo 7), cheatgrass (Bromus tectorum), houndstongue (Cynoglossum officinale) are among the more common Garfield County listed Noxious Weeds observed on the property. Numerous other non-natives and invasive species occur. 4.0 LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 4.1 Threatened and Endangered Species1 Species protected under the Endangered Species Act (ESA) that may occur in Garfield County are listed below in Table 1. Also included are species listed as Endangered or Threatened by the State of Colorado that occur in Garfield County. Some of the species listed below are typically found within habitats that do not occur on the property or within areas that cannot be affected by actions associated with the project. There will be no effect on these off-site species. A brief rationale for the “no effect” determination for each of these species is included in the following paragraphs. Table 1. Threatened or Endangered Species that may occur in Garfield County, Colorado or may be affected by the project. Common Name Latin Name Occurrence Status‡ Potential Habitat on the property? Surveys Conducted? Habitat Effect BIRDS Bald Eagle Haliaeetus leucocephalus In Colorado, statewide along rivers, lakes, reservoirs. All of the conterminous United States and Alaska. Two-thirds of breeding sites west of Continental Divide. Concentrations include the Yampa. White, and Colorado Rivers (Kingery 1998). ST Yes No Open water bodies, prairie dog colonies important food source during the winter. Breeding: Usually nests in tall trees or on cliffs near water. Winter: Preferentially roosts in conifers or other sheltered sites in winter in some areas; typically selects the larger, more accessible trees. Perching in deciduous and coniferous trees is equally common in other areas (NatureServe 2005). No Effect Burrowing Owl Athene cunicularia British Columbia east to Saskatchewan south through most of western US, Mexico, Central America, and South America. Found primarily in eastern Colorado as a summer resident but also on west slope, primarily in Mesa County, but also Delta, Garfield, Montrose, and Montezuma (Kingery 1998). ST No No Nest primarily in near prairie dog and other ground squirrel burrows. Prefer sparsely vegetated habitat particularly shortgrass prairie in eastern Colorado and semi-desert shrubland on the west slope (Kingery 1998). No Effect Mexican Spotted Owl Strix occidentalis lucida Southern Utah and Colorado, through Arizona, New Mexico, and west Texas, to the mountains of central Mexico (Rinkevich et al. 1995). FT, ST No No Complex forest or rocky canyons that contain uneven-aged, multi-level and old- aged, thick forests. below 9,500 feet elevation. Nests in standing snags and No Effect 1 See Appendix B for the list of Colorado Threatened and Endangered species Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 3 Table 1. Threatened or Endangered Species that may occur in Garfield County, Colorado or may be affected by the project. Common Name Latin Name Occurrence Status‡ Potential Habitat on the property? Surveys Conducted? Habitat Effect hollow trees (Rinkevich et al. 1995) Western Yellow-Billed Cuckoo Coccyzus americanus In Colorado west of the Continental Divide, the species was probably never common (Bailey and Niedrach 1965, Kingery 1998) and is now extremely rare (Kingery 1998). One confirmed nesting observation occurred along the Yampa River near Hayden during the Breeding Bird Atlas surveys conducted from 1987- 1994 (Kingery 1998) and one cuckoo, representing a probable nesting pair in surveyed lowland river riparian habitat along six rivers in west-central Colorado (Dexter 1998). FT, SC No No Nest in deciduous woodlands associated with wetlands or streams. Require combination of dense willow understory for nesting, a cottonwood overstory for foraging, and large patches of habitat (Laymon 1980, Gaines and Laymon 1984, Kingery 1998). Feed on grasshoppers, caterpillars, beetles and other insects (Dillinger 1989). No Effect MAMMALS Canada lynx Lynx canadensis Colorado is the southern limit of the North American distribution of the species, and the population is considered isolated from those in the Northern Rockies (McKelvey et al. 2000). FT, SE No No Engelmann spruce/subalpine fir is the habitat used by lynx with a mix of spruce, fir and aspen second. Riparian and riparian-mix areas used heavily too. Lynx in Colorado increasingly using riparian areas beginning in July, peaking in November, and dropping off December through June (Shenk 2009). No Effect North American river otter Lontra canadensis 2003 CDOW statewide river otter survey found 3 viable populations: Gunnison, Piedra, and Green river populations. In addition, evidence of otters was on the Cache la Poudre, South Platte, Michigan, and Illinois rivers and also reported additional individual sightings. River otters are found occasionally in the Roaring Fork and Crystal River. ST Yes No Water bodies and riparian areas within a broad range of ecosystems from semi- desert shrubland to montane and subalpine forest. The primary habitat requirement for river otters is permanent water with abundant fish or crustacean prey and relatively high water quality (Boyle 2006). No Effect PLANTS Ute ladies'-tresses Spiranthes diluvialis Eastern slope of Rocky Mountains in southeastern Wyoming & Nebraska, north central and central Colorado; in the upper Colorado River Basin, particularly the Uinta Basin; and in the Bonneville Basin along the Wasatch Front and westward in the eastern Great Basin, in north-central and western Utah, extreme eastern Nevada and southeastern Idaho. Nearest location is near Catherine, CO. FT No No Subirrigated, alluvial soils along streams, and in open meadows, in floodplains. 4500 to 6800 ft. No Effect ‡Status: T = Threatened ; E = Endangered; P = Proposed; FC = Candidate for federal listing; SC = State species of concern Of the 6 state and federal listed, candidate, and proposed species potentially occurring or potentially affected by actions on the property only bald eagles have habitat within proximity of the project area. 4.1.1Bald Eagle (ST) Background Bald eagles were listed as endangered under the ESA in 1978 but had recovered sufficiently by 1995 to be downlisted to threatened status. This species is also state-listed as threatened. Because of its successful recovery, there is a current proposal to delist bald eagles from the ESA, but protections would remain under the Migratory Bird Treaty Act (MBTA), and the Bald Eagle Protection Act. Bald eagles are listed as Threatened by the state of Colorado (Colorado Division of Parks & Wildlife 2015a). According to CPW data, in 2014 there were 120 known nesting pairs in Colorado, and approximately 400-1,000 bald Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 4 eagles winter in the state (Colorado Division of Parks & Wildlife 2015b). Bald eagles depend on large roost trees that allow them a wide field of vision for prey. Food sources include fish, small mammals, waterfowl, and carrion. Known sensitive habitats in the project area include winter range, winter foraging habitat (Figure 2A). No known bald eagle nests occur in or adjacent to the project area. Effects of Proposed Action The closest active nest is at Aspen Glen, approximately 4 miles to the south-southeast. There are no active roost sites on or adjacent to the property. The property lies within bald eagle winter range and adjacent to bald eagle winter forage habitat (Colorado Division of Parks & Wildlife 2014). Winter forage and winter range, however, are broadly defined habitat areas that occupy very large areas (Colorado Division of Parks & Wildlife 2014). Winter Forage: Foraging areas frequented by wintering bald eagles between November 15 and March 15. May be a large area radiating from preferred roosting sites. In western Colorado preferred roosting sites are within dominant riparian zones. Winter Range: Those areas where bald eagles have been observed between November 15 and April 1. 4.1.2Canada Lynx (FT/SE, G5/S1) The U.S. Fish and Wildlife Service published a final rule on March 24, 2000 listing the Canada lynx (Lynx canadensis) in the coterminous United States as a "threatened" species under the Endangered Species Act (Federal Register: 65 FR 16052). In 1999 and 2000, the State of Colorado began releases of lynx in southwestern Colorado in order to reestablish a viable lynx population within the state. The property is not situated within proximity to potential lynx habitat and no lynx have been documented on or within close proximity to the property (J. Mao, CPW, pers. comm.). Lynx denning habitat is comprised of spruce-fir forests, north-facing lodgepole pine forests, and Douglas-fir forests with complex multi-storied conifer stands, large quantities of downed woody debris and or dense understory conifer that provide den sites in close proximity to habitat for foraging on snowshoe hares. Winter foraging habitat is all denning habitat plus conifer stands that lack structure for dens sites but provide optimal winter foraging conditions of dense (35% or more) horizontal conifer cover at or above the snow (USDA Forest Service 2002). On November 9, 2006, the U.S. Fish and Wildlife Service released a proposed critical habitat plan for lynx (Federal Register: 50 CFR Part 17 66008) which omits Colorado, New Mexico, and southern Wyoming (United States Fish & Wildlife Service 2006). The habitat types on and adjacent to the proposed activity envelope are not suitable lynx winter foraging or denning habitat and should be considered “unsuitable private lands” (USDA Forest Service 2002, Shenk and Kahn 2010, USFWS and USFS 2010, Theobald and Shenk 2011). 4.1.3Ute Ladies'-tresses Orchid (FT, G2G3) The Ute ladies’-tresses orchid (Spiranthes diluvialis) was listed as threatened under the ESA in January 1992, and is ranked as imperiled both globally (G2G3) and in the state of Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 5 Colorado (S2) (NatureServe 2015). This orchid is a perennial that grows up to 20 inches tall and has a distinctive spike of white flowers (USFWS 2010). It is known from British Columbia southwards to Colorado. Utah has the largest number of element occurrences, followed by Colorado (NatureServe 2012). In Colorado, it is known from Boulder, El Paso, Garfield, Jefferson, Larimer, Moffat, and Weld Counties (NatureServe 2015). The closest known occurrence, however, is along the Roaring Fork River at Catherine near Carbondale which is approximately 9.5 mi to southeast of the property (Durkin 2009). The Ute ladies’-tresses orchid generally blooms from late July through the end of August (USFWS 2010b). Depending on location and climatic conditions, however, the blooming timeframe can vary considerably (USFWS 1992). It is adapted to early- to mid-seral site s with moist to wet conditions, where competition for light, space, water, and other resources is normally kept low by periodic or recent disturbance events (NatureServe 2015). In Colorado, the orchid is found along perennial streams or rivers, or in groundwater-fed spring or sub-irrigated meadows at elevations ranging from 4,560 feet to 6,260 feet (Fertig et al. 2005). The habitat types on and adjacent to the proposed activity envelope are not suitable. The property is entirely upland habitat, and the correct hydrology is not present to qualify the site as potential Ute ladies’-tresses orchid habitat. 4.2 Other Species of Interest This section addresses present use of the study area by significant wildlife not listed by the state or federal government. The ‘significant’ wildlife use described herein refers to those wildlife species that are of ecological, economic, regulatory, social, and/or political importance. 4.2.1Ungulates Rocky Mountain Elk & Mule Deer Mule deer (Odocoileus hemionus hemionus) are present on the property throughout the year but elk (Cervus elaphus nelsoni) only occur in winter. CPW mapping correctly maps the property solely as mule deer winter range (Colorado Division of Parks & Wildlife 2014). Limiting Factors Limiting factors are influences that determine whether a wildlife population increases, decreases or remains stable. It is important to understand that there is seldom one factor that, by itself, causes a reduction or an increase in the population of a given species. It is usually the interaction of several factors that determine the fate of a population. For example, predation may seem to be a factor causing an elk population to decline when in fact restricted winter habitat, deep snow or the lack of alternate prey may be what allows predation to have a major impact. Traditionally, we have looked at the concept of food, water, cover and space as the primary components that determine how suitable a habitat is for wildlife. While this is true, it oversimplifies our understanding of how various factors affect habitat. Several other factors may not be as important on their own, but when they are combined with the four primary habitat components, the value of the habitat may be Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 6 immediately enhanced or reduced. For example, other land uses can greatly impact elk use of suitable range. In the Roaring Fork Watershed the limiting factors for bighorn sheep, elk, and mule deer most affected by residential development are winter habitats, production areas, and migration habitat. Winter Range, Severe Winter Range, Winter Concentration Both elk and mule deer on winter range continuously seek the most moderate ambient weather conditions, and other factors influencing habitat selection are secondary. In winter, elk move between foraging and bedding sites in response to changing ambient temperatures, increasing snow depths, and to enhance control of body temperature. On the coldest days and/or when snow depths are greatest, both species seek southerly and westerly facing slopes where snows typically melt quickly. Snow depths greater than 12 inches begin to reduce the winter range (USFWS 1982). In general, mule deer and elk do not tolerate snow depths greater than chest height and are impeded when snow is knee- deep (Loveless 1967, Kelsall and Prescott 1971, Parker 1984, Toweill et al. 2002, Ungulate Winter Range Technical Advisory Team 2005). Consequently, winter range of larger elk covers a greater areal extent of lands with greater snow depths than that of mule deer (Parker 1984). As stated above, the property is not used by elk in winter. Both deer and elk (Photo 8) pellets and tracks (Photo 9) were observed throughout the property. The property provides marginal winter range, suitable only in relatively light winters. In an average to heavy winter, these areas do not provide good winter range due to the accumulation of snow. CPW mapped winter range lies to the east across SH-82 and the west across the Roaring Fork River (Figures 2A, 2B). The higher quality winter range, however, lies across further east on the slopes and lower reaches of Spring Valley and further west on the slopes west of Prehm Road and Westbank Road where deep snows do not accumulate. Current CPW Species Activity Mapping (SAM) data does not delineate the property within or adjacent to deer or elk severe winter or winter concentration habitat. These habitat types for mule deer occur on the slopes west of Prehm Road and Westbank Road and across SH-82. Production Areas Elk calving grounds or production areas are carefully selected by cows and are generally in locations where cover, forage, and water are in close proximity (Seidel 1977a, Phillips and Alldredge 2000, Barbknecht et al. 2011, Rearden et al. 2011). Calving sites occur in the lower to middle portions of summer range and often occur in the same general area each year. Although selected sites are used for a brief period in the spring or early summer, elk production habitat often a limiting factor for a given population. Sites must provide security from harassment and be within or adjacent to high quality summer range. Elk are considered a hider species because the calf remains bedded at a location and responds to threats by remaining prone while the female moves away to forage, returning periodically to nurse. Seidel (1977b, 1977a) studied elk calving habitat at various sites in the White River National Forest. He found that cow elk prepare a distinct birthing bed and, for the most part, return to that bed each year. All birthing beds examined were in mature aspens Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | LAND SUITABILITY ANALYSIS: Natural Habitat & Migration Routes §4-502(D) 7 with a thick understory of shrubs such as chokecherry and snowberry. All beds were located on southeast-facing slopes within 183 m (200 yd) of a water source. Personal observation by CWS of calving behavior in the Roaring Fork watershed has largely confirmed Seidel’s assessment with the following additions: (1) the aspect variable described by Seidel seems to be less important than the understory variable. Active elk calving habitat in the Roaring Fork watershed is known to occur on variable aspects, but there is always significant woody understory vegetation which provides calves with hiding cover; (2) very young spotted calves and probable birthing beds have been observed in narrowleaf cottonwood riparian habitat that has a dense willow, alder, and/or chokecherry understory; and (3) although some elk cows do indeed exhibit strong calving site fidelity, others do not. Recent research supports Seidel’s conclusions (See Phillips and Alldredge 2000, Barbknecht et al. 2011, Rearden et al. 2011). There is no mapped or field verified elk production habitat on or within proximity to the property. The nearest known production habitat is more than 4 miles to the southwest. Migration Corridors There are no mapped or field verified migration corridors on or near the property. Rocky Mountain Bighorn Sheep There is no mapped (Colorado Division of Parks & Wildlife 2014) or field verified bighorn sheep (Ovis canadensis) habitat on or immediately adjacent to the study area. 4.2.2Other Species Black Bears Black bears (Ursus americanus) use the river corridor west of the property for daily and seasonal movement. Although CPW maps the property (Figure 2B) within a black bear fall concentration area (Colorado Division of Parks & Wildlife 2014), this is likely a mapping error due to scale since the property supports little bear forage with very few chokecherry, Gambel oak, serviceberry or other fruit or mast bearing shrubs. Raptors CWS conducted a raptor nest search during the site assessment. No raptor nests were found. No breeding or nesting activity was observed. No peregrine falcon activity areas, nests, or potential nesting areas are located in the vicinity of the Ranch (Colorado Division of Parks & Wildlife 2014). Greater Sage-Grouse (Centrocercus urophasianus) No greater sage-grouse are known or suspected to occur on or within proximity to the property. No historic leks occur on or near the property (Colorado Division of Parks & Wildlife 2014). Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | IMPACT ANALYSIS §4-502(E) 8 5.0 IMPACT ANALYSIS §4-502(E) The physical removal of vegetation or other habitat features is known as direct habitat loss. Disturbance resulting from human activity associated the proposed development will decrease the effectiveness of habitat that remains physically undisturbed. This is known as indirect habitat loss. As with most development in western Colorado, the implementation of the proposed project will have some direct and indirect effects on wildlife and wildlife habitat. The property, however, is embedded in a highly developed landscape. It is currently occupied by mixed agricultural and commercial operations. Neighboring properties are a mix of commercial and residential development. Although the proposal will result in the direct loss of vegetation and habitat, given the surroundings and indirect impacts of the existing development and the disturbed nature of the vegetation, this loss will be negligible. 5.1 Threatened and Endangered Species As discussed above, there are no ESA listed or Candidate species known to occur on the property. As such, it is highly unlikely that the proposed development will have any effect on federal Threatened, Endangered, or Candidate vertebrate species (See Table 1, above). 5.1.1Bald Eagle The portion of the property proposed for development occupies a tiny fraction of the CPW mapped bald eagle winter forage area and winter range. The winter forage area and winter range in which the Ranch is situated are 187,470 acres and 4,669,528 acres, respectively. As such, it is unlikely that the proposed development will have significant impacts on these habitat areas. Given that there are no active or historic nest sites or roosts within close proximity to the property and the area occupies negligible portions of the winter range and winter foraging areas, the project will have no effect on bald eagle habitat. 5.1.2Canada Lynx Bald Eagle There is no suitable Canada lynx habitat on or within proximity to the property. As such, the project will have no effect on Canada lynx. 5.1.3Ute ladies'-tresses Orchid There is no suitable Ute ladies'-tresses orchid habitat on or adjacent to the property. As such, the project will have no effect on Ute ladies'-tresses orchids. 5.2 Other Species of Interest 5.2.1 Ungulates Given the analysis above (4.2.1) the proposed development may affect, but not likely to adversely affect mule deer and elk. There will be no effect on bighorn sheep. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PROTECTION OF WILDLIFE HABITAT AREAS §7-202 9 5.2.2 Black Bears The proposed development will not result in the direct or indirect loss of black bear foraging habitat or fall concentration habitat. Consequently, there will be no effect on black bears. 5.2.3 Raptors The proposed development will not result in the loss of any known raptor nests, nest stands, or any unique habitat attributes. Loss of undeveloped land will reduce hunting acreage for some generalist species such as American kestrels, great-horned owls (Bubo virginianus) and red-tailed hawks. The proposal may affect, but is not likely to adversely affect raptors. 5.2.4 Greater Sage-Grouse Greater sage-grouse do not occur on or within proximity to the property nor do they have the potential to occur. Consequently, there will be no effect on greater sage-grouse. 5.3 Alteration of Existing Native Vegetation The proposed development will result in the loss of negligible acreage of native vegetation. The highest quality native shrublands occur on the slopes on the west side of the property. The applicant does not propose any development in that area. The balance of vegetation is comprised of highly disturbed patches of native vegetation, invasive species and noxious weeds (Photos 10, 11) including a stand of Russian olive trees (Elaeagnus angustifolia) in the northwest portion of the property (Photo 12). 6.0 PROTECTION OF WILDLIFE HABITAT AREAS §7-202 The following measures will reduce the impacts of the proposed development on wildlife. 6.1 Site planning 1.Clustering - Clustered development and infrastructure minimizes impact by overlapping the zone of influence resulting from human activity associated with residential development. The proposed development is highly clustered on a previously developed parcel adjacent to dense residential and commercial development. 2.Fencing – Fencing that is incompatible with wildlife movements can result in direct wildlife mortality, restricted or blocked movement, and reduction of habitat effectiveness. a.No fences should be placed below the crest of the west-facing slope on the west side of the property. b.Other than those necessary for facility security, fences should meet the standards for wildlife-friendly fencing described in the CPW Fencing with Wildlife in Mind publication (Available online at Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PROTECTION OF WILDLIFE HABITAT AREAS §7-202 10 https://cpw.state.co.us/Documents/LandWater/PrivateLandPrograms/Fencing WithWildlifeInMind.pdf). 6.1 Native vegetation 1.Native vegetation should be preserved to the maximum extent possible except where management is necessary to reduce wildfire hazards. 2.Native vegetation should be preserved on the slopes at the western end of the property. 6.2 Other Measures to Minimize Impacts 1.Noxious Weeds should be managed by means of an Integrated Weed Management strategy in compliance with the current Garfield County Weed Management Plan. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | 7.0 LITERATURE CITED 11 7.0 LITERATURE CITED Bailey, A. M., and R. J. Niedrach. 1965. Birds of Colorado. Denver Museum of Natural History, Denver, CO. Bailey, R. G. 1976. Ecoregions of the United States. USDA Forest Service, Washington, D.C. Bailey, R. G. 1995. Description of the ecoregions of the United States. 2nd edition. U.S. Dept. of Agriculture, Forest Service, Washington, DC. Bailey, R. G., United States Geological Survey, and United States Forest Service. 1998. Ecoregions of North America. U.S. Dept. of Agriculture, Forest Service, Washington, D.C. Barbknecht, A. E., W. S. Fairbanks, J. D. Rogerson, E. J. Maichak, B. M. Scurlock, and L. L. Meadows. 2011. Elk parturition site selection at local and landscape scales. The Journal of Wildlife Management 75:646– 654. Boyle, S. 2006. North American River Otter (Lontra canadensis): a technical conservation assessment. Available online at http://www.fs.fed.us/r2/projects/scp/assessments/northamericanriverotter.pdf. USDA Forest Service, Rocky Mountain Region. . Colorado Division of Parks & Wildlife. 2014. CPW All Species Activity Mapping Data. Available online at http://www.arcgis.com/home/group.html?owner=rsacco&title=Colorado%20Parks%20and%20Wild life%20-%20Species%20Activity%20Data. Colorado Parks & Wildlife, , Fort Collins, CO. Colorado Division of Parks & Wildlife. 2015a. Colorado Listing of Endangered, Threatened and Wildlife Species of Special Concern – Species Pages. Available online at http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx. Colorado Division of Parks & Wildlife. 2015b. Colorado Wildlife Species Profile Page - Bald Eagle. Available online at http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx. Colorado Department of Natural Resources, Division of Parks & Wildlife, Fort Collins, CO. Dexter, C. 1998. River survey of west-central Colorado, for yellow-billed cuckoo and riparian weeds. Report prepared for the Bureau of Land Management. Bureau of Land Management, Grand Junction, CO. 26 pp. Durkin, P. 2009. Spiranthes diluvialis (Ute Ladies’-tresses orchid) 2008 Survey Report, Glenwood South Bridge Environmental Assessment. State of Colorado Department of Transportation, Grand Junction, Colorado. Fertig, W., R. Black, and P. Wolken. 2005. Rangewide status review of Ute ladies’-tresses (Spiranthes diluvialis). Prepared for the U.S. Fish & Wildlife Service and Central Utah Water Conservancy District. 101 pp. Gaines, D., and S. A. Laymon. 1984. Decline, status and preservation of the yellow-billed cuckoo in California. Western Birds 15:49-80. Kelsall, J. P., and W. Prescott. 1971. Moose and deer behaviour in snow in Fundy National Park, New Brunswick. Canandian Wildlife Service Report 15. Kingery, H. E. 1998. Colorado breeding bird atlas. Colorado Bird Atlas Partnership : Colorado Division of Wildlife, Denver, Colo. Laymon, S. A. 1980. Feeding and nesting behavior of the yellow-billed cuckoo in the Sacramento Valley. Loveless, C. M. 1967. Ecological characteristics of Mule Deer winter range. Technical Publication 20. Colorado Department of Game, Fish and Parks. McKelvey, K. S., K. B. Aubry, and Y. K. Ortega. 2000. History and distribution of lynx in the contiguous United States. Pages 207-264 in L. F. Ruggiero, K. B. Aubry, S. W. Buskirk, G. M. Koehler, C. J. Krebs, K. S. McKelvey, and J. R. Squires, editors. Ecology and conservation of lynx in the United States. University Press of Colorado, Denver, CO. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | 7.0 LITERATURE CITED 12 NatureServe. 2005. NatureServe Explorer: An online encyclopedia of life [web application]. Version 4.1. NatureServe, Arlington, Virginia. Available online at http://www.natureserve.org/explorer. NatureServe. 2015. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe Web Service, Arlington, Virginia. Available online at http://www.natureserve.org/explorer. Omernik, J. M. 1987. Ecoregions of the conterminous United States. Map (scale 1:7,500,000). Annals of the Association of American Geographers 77:118-125. Parker, K. L., Charles T. Robbins, and Thomas A. Hanley. 1984. Energy expenditures for locomotion by mule deer and elk. Journal of Wildlife Management 48:474-488. Phillips, G. E., and A. W. Alldredge. 2000. Reproductive success of elk following disturbance by humans during calving season. Journal of Wildlife Management 64:521-530. Rearden, S. N., R. G. Anthony, and B. K. Johnson. 2011. Birth-site selection and predation risk of Rocky Mountain elk. Journal of Mammalogy 92:1118-1126. Rinkevich, S. E., J. L. Ganey, J. L. W. Jr., G. C. White, D. L. Urban, A. B. Franklin, W. M. Block, and E. Clemente. 1995. General biology and ecological relationships of the Mexican Spotted Owl,. Pages 19-35 in K. J. Cook, editor. Recovery plan for the Mexican Spotted Owl. Vol. I. USDI Fish and Wildl. Serv., Albuquerque, NM. Seidel, J. W. 1977a. Elk calving behavior in west central Colorado. Pages 38-40 in Colorado Division of Wildlife, editor. Proceedings of the Western States Elk Workshop. Colorado Division of Wildlife, Denver. Seidel, J. W. 1977b. Elk calving habitat. USDA Forest Service Handbook 2509.25 – Watershed Conservation Practices Handbook, zero code, Ch. 10, and Ch.20. Region 2 Amendment No. 2509.25 – 99 – 1. Effective March 22, 1999. Colorado Division of Wildlife and USDA Forest Service, Grand Junction, CO. Shenk, T. 2009. Lynx Update, May 25, 2009. Available: http://wildlife.state.co.us/NR/rdonlyres/1E7C95D0- 53F3-41EB-82DD-26134C0FF261/0/LynxUpdateMay252009.pdf. Colorado Division of Wildlife, Fort Collins, CO. Shenk, T. M., and R. H. Kahn. 2010. The Colorado lynx reintroduction program. Colorado Division of Wildlife, Denver, CO. Theobald, D. M., and T. M. Shenk. 2011. Areas of high habitat use from 1999-2010 for radio-collared Canada lynx reintroduced to Colorado. Colorado State University, Fort Collins, CO. Toweill, D. E., J. W. Thomas, and D. P. Metz. 2002. North American elk: ecology and management. 1st edition. Smithsonian Institution Press, Washington [D.C.]. Ungulate Winter Range Technical Advisory Team. 2005. Desired conditions for Mule Deer, Elk, and Moose winter range in the Southern Interior of British Columbia. B.C. Ministry of Water, Land and Air Protection, Biodiversity Branch. Victoria, BC. Wildl. Bull. No. B-120. 18pp. United States Fish & Wildlife Service. 2006. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada lynx; Final Rule. November 9, 2006. 71 FR 66008-66061. USDA Forest Service. 2002. Lynx habitat parameters, White River National Forest. Unpub. Forest Service document. Glenwood Springs. CO. 3pp. plus LAU spreadsheet (subject to further revision-last available update 02/11/2005). USFWS. 1982. Habitat Suitability Index Models: Mule Deer. Draft. USFWS, and USFS. 2010. Inter-Agency Southern Rockies Lynx Project Decision Screen. Unpublished Report of Southern Rocky Mountain Lynx Conservation Interagency Team. 22 pp plus attachments. U.S. Forest Service, Denver, CO, U.S. Fish and Wildlife Service, Grand Jct, CO. Oct. 2010. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | 8.0 BACKGROUND & QUALIFICATIONS 13 8.0 BACKGROUND & QUALIFICATIONS Colorado Wildlife Science, LLC (CWS) is a small wildlife and ecological consulting firm based in Basalt, Colorado, specializing in wildlife research, management, and monitoring, ecological assessments, baseline inventories, ecological planning, habitat management, and ecological restoration. CWS applies a scientifically sound approach to biological resource studies and management. Our work combines professional integrity and strong academic training with extensive experience working for government, private, and non- profit clients. With an extensive network of professional collaborators that includes plant ecologists, foresters, hydrologists, and soil scientists, CWS leverages the collective knowledge of experienced professionals working toward practical, effective and cost saving solutions. CWS provides expert services to a diverse array of clients. Since we are a small company, personal attention is ensured. We combine full in-house GIS (ArcGIS) with real-time, sub- meter GPS to provide state-of-the-art spatial data, analyses, maps, and presentations. We have prepared Biological Assessments and Biological Evaluations, and contributed to EAs and EISs. CWS has worked with large private firms such as Jacobs, Carter and Burgess, Parsons, CH2MHILL, and SAIC as well as city and county agencies and governments such as City of Aspen, City of Glenwood Springs, Pitkin County, Colorado Department of Transportation, and Roaring Fork Transportation Agency. Owner and Wildlife Biologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State University, has a broad range of knowledge. With more than 20 years of professional experience with federal (US Forest Service), state (Colorado Division of Wildlife), and county agencies as well as two major universities (Colorado State University and University of Washington), Jonathan’s career has focused on a diverse array of wildlife from bighorn sheep, elk, and songbirds to northern goshawks, flying squirrels, small mammals, and spotted bats. Mr. Lowsky’s experience includes biological assessments and evaluations for NEPA compliance, conservation planning, GIS mapping and modeling, wildlife research, and ecological monitoring design and implementation, as well as wetland and riparian delineations, evaluations, and restoration. He has authored management plans and conservation easement baseline inventory reports and published scientific papers. An expert birder, experienced tracker, certified wetlands delineator, and passionate observer of wildlife, Jonathan has spent countless hours studying and appreciating Colorado’s diverse ecological communities. Jonathan Lowsky completed the US Army Corps of Engineers Wetlands Delineator Certification Program in 1999 and the Wildland Hydrology (Dave Rosgen) Applied Fluvial Geomorphology Course in 2001. This training has contributed to the quality and success of the wetlands delineations and wetlands and stream restoration projects Mr. Lowsky has completed and contributed to over the last 12 years. Prior to the inception of Colorado Wildlife Science, Jonathan served as the Pitkin County Wildlife Biologist for more than 6 years. In that role, he acted as the County’s wetlands, stream, and riparian expert. A detailed description of Mr. Lowsky’s professional experience and references are available. For additional information, please visit our website at coloradowildlifescience.com. Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | MAPS 14 :,/'/,)($66(660(172)'(9(/230(17)25 &2817<6,7(3/$15(9,(: MAPS ($67%$1.)('(5$/(;35(663523(57< Copyright:© 2013 National Geographic Society, i-cubed 107°17'30"W 107°17'30"W 107°17'40"W 107°17'40"W 107°17'50"W 107°17'50"W 107°18'0"W 107°18'0"W107°18'10"W 39°29'12"N39°29'12"N39°29'4"N39°29'4"N39°28'56"N39°28'56"NEcological Assessment of Ecological Assessment of Commercial Development forCommercial Development for Minor Subdivision Application Minor Subdivision Application COLORADO WILDLIFE SCIENCE LLC 0100 Elk Run Dr, Ste 128, Basalt, CO 81621 970.927.4549 info@coloradowildlifescience.com http://coloradowildlifescience.com Basemap Source(s): Date Prepared: 2015-02-23 o Area of Detail 1 in = 250 feet Figure 1. Aerial View & Vegetation 0 100 200 300 400 50050 Feet Legend: Bing Maps Coordinate System: NAD83 State Plane Colorado Central Project No 1500202 Eastbank Federal Express Facility¬«82 Disturbed - Commercial Development/Road Disturbed Vegetation/Bare Soil Hay Field Pavement Riparian Shrubland Riverine Sagebrush Shrubland Parcel Boundary Note: Not a survey. Parcel boundaries are approximate. R io G ra n d e Tr ail Legend 0 500 1,000250 Feet 1 inch equals 625 feet Parcel Boundary A. Bald Eagle B. Black Bear Bald Eagle Winter Range Bald Eagle Winter Foraging Area Black Bear - Human Conflict Area Black Bear Fall Concentration Copyright:© 2013 National Geographic Society, i-cubedArea of Detail Ecological Assessment of Ecological Assessment of Commercial Development forCommercial Development for Minor Subdivision Application Minor Subdivision Application Eastbank Federal Express Facility o COLORADO WILDLIFE SCIENCE LLC 0100 Elk Run Dr, Ste 128, Basalt, CO 81621 970.927.4549 info@coloradowildlifescience.com http://coloradowildlifescience.com Basemap Source(s): Date Prepared: 2015-02-23 Bing Maps Coordinate System: NAD83 State Plane Colorado Central Project No 1500202 Note: Not a survey. Parcel boundaries are approximate. Figure 3. CPW Species Activity Mapping - Bald Eagle & Black Bear Legend 0 500 1,000250 Feet 1 inch equals 625 feet Parcel Boundary A. Mule Deer B. Rocky Mountain Elk Winter Range Severe Winter Range Winter Concentration Area Elk Production Area Summer Range Migration Corridor Copyright:© 2013 National Geographic Society, i-cubedArea of Detail Ecological Assessment of Ecological Assessment of Commercial Development forCommercial Development for Minor Subdivision Application Minor Subdivision Application Eastbank Federal Express Facility o COLORADO WILDLIFE SCIENCE LLC 0100 Elk Run Dr, Ste 128, Basalt, CO 81621 970.927.4549 info@coloradowildlifescience.com http://coloradowildlifescience.com Basemap Source(s): Date Prepared: 2015-02-23 Bing Maps Coordinate System: NAD83 State Plane Colorado Central Project No 1500202 Note: Not a survey. Parcel boundaries are approximate. Figure 3. CPW Species Activity Mapping - Mule Deer & Rocky Mountain Elk Wildlife Assessment - EASTBANK FEDERAL EXPRESS PROPERTY February 27, 2015 :,/'/,)($66(660(172)'(9(/230(17 )25&2817<$&7,9,7<(19(/23( 6,7( 3/$15(9,(: PHOTOS ($67%$1.)('(5$/(;35(663523(57< Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PHOTOS 19 Photo 13URSHUW\LVFRPSULVHGRIDVHULHVRIWHUUDFHVRUEHQFKHV Photo 2'LUWDFFHVVURDG Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PHOTOS 20 Photo 3/RZHUGLUWDFFHVVURDGWR3DUFHO% Photo 4+LJKHUTXDOLW\VDJHEUXVKVKUXEODQG Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PHOTOS 21 Photo 53RRUTXDOLW\GLVWXUEHGVDJHEUXVKVKUXEODQGZLWKQRXQGHUVWRU\YHJHWDWLRQ Photo 6'XHWRGLVWXUEDQFHUDEELWEUXVKDSSURDFKHVFRGRPLQDQFHLQUHPQDQWVDJHEUXVKVWDQGV Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PHOTOS 22 Photo 76FRWFKWKLVWOHLVDSUREOHPRQWKHSURSHUW\ Photo 8(ONSHOOHWVZHUHFRPPRQRQWKH)HEUXDU\VLWHDVVHVVPHQW Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PHOTOS 23 Photo 9(ONWUDFNVZHUHREVHUYHGGXULQJWKHVLWHYLVLW Photo 107KHSURSHUW\LVKLJKO\GLVWXUEHGZLWKODUJHDUHDVRIEDUHVRLODQGZHHGV Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | PHOTOS 24 Photo 111RQQDWLYHLQYDVLYHVSHFLHVDQGEDUHJURXQGGRPLQDWHODUJH SRUWLRQVRIWKHSURSHUW\ C Photo 125XVVLDQROLYHVWDQGRQWKHQRUWKZHVWHQGRIWKHSURSHUW\ Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | APPENDIX A: CPW SAM mule deer and elk seasonal activity area definitions 25 APPENDIX A: CPW SAM mule deer and elk seasonal activity area definitions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ildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | APPENDIX B: State of Colorado Threatened & Endangered Vertebrates 26 APPENDIX B: State of Colorado Threatened & Endangered Vertebrates COMMON NAME LATIN NAME STATUS AMPHIBIANS Boreal Toad Bufo boreas boreas SE Northern Cricket Frog Acris crepitans SC Great Plains Narrowmouth Toad Gastrophryne olivacea SC Northern Leopard Frog Rana pipiens SC Wood Frog Rana sylvatica SC Plains Leopard Frog Rana blairi SC Couch's Spadefoot Scaphiopus couchii SC BIRDS Whooping Crane Grus americana FE, SE Least Tern Sterna antillarum FE, SE Southwestern Willow Flycatcher Empidonax traillii extimus FE, SE Plains Sharp-Tailed Grouse Tympanuchus phasianellus jamesii SE Piping Plover Charadrius melodus circumcinctus FT, ST Bald Eagle Haliaeetus leucocephalus ST Mexican Spotted Owl Strix occidentalis lucida FT, ST Burrowing Owl Athene cunicularia ST Lesser Prairie-Chicken Tympanuchus pallidicinctus ST Western Yellow-Billed Cuckoo Coccyzus americanus SC Greater Sandhill Crane Grus canadensis tabida SC Ferruginous Hawk Buteo regalis SC Gunnison Sage-Grouse Centrocercus minimus SC American Peregrine Falcon Falco peregrinus anatum SC Greater Sage Grouse Centrocercus urophasianus SC Western Snowy Plover Charadrius alexandrinus SC Mountain Plover Charadrius montanus SC Long-Billed Curlew Numenius americanus SC Columbian Sharp-Tailed Grouse Tympanuchus phasianellus columbianus SC FISH Bonytail Gila elegans FE, SE Razorback Sucker Xyrauchen texanus FE, SE Humpback Chub Gila cypha FE, ST Colorado Pikeminnow Ptychocheilus lucius FE, ST Greenback Cutthroat Trout Oncorhynchus clarki stomias FT, ST Rio Grande Sucker Catostomus plebeius SE Lake Chub Couesius plumbeus SE Plains Minnow Hybognathus placitus SE Suckermouth Minnow Phenacobius mirabilis SE Northern Redbelly Dace Phoxinus eos SE Southern Redbelly Dace Phoxinus erythrogaster SE Brassy Minnow Hybognathus hankinsoni ST Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | APPENDIX B: State of Colorado Threatened & Endangered Vertebrates 27 COMMON NAME LATIN NAME STATUS Common Shiner Luxilus cornutus ST Arkansas Darter Etheostoma cragini ST Mountain Sucker Catostomus playtrhynchus SC Plains Orangethroat Darter Etheostoma spectabile SC Iowa Darter Etheostoma exile SC Rio Grande Chub Gila pandora SC Colorado Roundtail Chub Gila robusta SC Stonecat Noturus flavus SC Colorado River Cutthroat Trout Oncorhynchus clarki pleuriticus SC Rio Grande Cutthroat Trout Oncorhynchus clarki virginalis SC Flathead Chub Platygobio gracilus SC MAMMALS Gray Wolf Canis lupus FE, SE Black-Footed Ferret Mustela nigripes FE, SE Grizzly Bear Ursus arctos FT, SE Preble's Meadow Jumping Mouse Zapus hudsonius preblei FT, ST Lynx Lynx canadensis FT, SE Wolverine Gulo gulo SE River Otter Lontra canadensis ST Kit Fox Vulpes macrotis SE Townsend's Big-Eared Bat Corynorhinus townsendii pallescens SC Black-Tailed Prairie Dog Cynomys ludovicianus SC Botta's Pocket Gopher Thomomy bottae rubidus SC Northern Pocket Gopher Thomomys talpoides macrotis SC Swift fox Vulpes velox SC REPTILES Triploid Checkered Whiptail Cnemidophorus neotesselatus SC Midget Faded Rattlesnake Crotalus viridis concolor SC Longnose Leopard Lizard Gambelia wislizenii SC Yellow Mud Turtle Kinosternon flavescens SC Common King Snake Lampropeltis getula SC Texas Blind Snake Leptotyphlops dulcis SC Texas Horned Lizard Phrynosoma cornutum SC Roundtail Horned Lizard Phrynosoma modestum SC Massasauga Sistrurus catenatus SC Common Garter Snake Thamnophis sirtalis SC Wildlife & Ecological Assessment - Eastbank FedEx February 18, 2015 COLORADO WILDLIFE SCIENCE, LLC | APPENDIX C: U.S. Fish & Wildlife Consultation Letter 28 APPENDIX C: U.S. Fish & Wildlife Consultation Letter United States Department of the Interior FISH AND WILDLIFE SERVICE Western Colorado Ecological Services Field Office 445 WEST GUNNISON AVENUE, SUITE 240 GRAND JUNCTION, CO 81501 PHONE: (970)243-2778 FAX: (970)245-6933 URL: www.fws.gov/mountain-prairie/es/Colorado/; www.fws.gov/platteriver/ Consultation Code: 06E24100-2015-SLI-0070 February 20, 2015 Event Code: 06E24100-2015-E-00096 Project Name: Eastbank LLC Minor Subdivision Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 ).et seq. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 ), Federal agencies are requiredet seq. to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 ), and projects affecting these species may requireet seq. development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment 2 http://ecos.fws.gov/ipac, 02/20/2015 11:50 AM 1 Official Species List Provided by: Western Colorado Ecological Services Field Office 445 WEST GUNNISON AVENUE, SUITE 240 GRAND JUNCTION, CO 81501 (970) 243-2778 http://www.fws.gov/mountain-prairie/es/Colorado/ http://www.fws.gov/platteriver/ Consultation Code: 06E24100-2015-SLI-0070 Event Code: 06E24100-2015-E-00096 Project Type: Development Project Name: Eastbank LLC Minor Subdivision Project Description: The applicants are proposing a minor subdivision in unincorporated Garfield County, CO. Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns. United States Department of Interior Fish and Wildlife Service Project name: Eastbank LLC Minor Subdivision http://ecos.fws.gov/ipac, 02/20/2015 11:50 AM 2 Project Location Map: Project Coordinates: MULTIPOLYGON (((-107.2987182 39.4832561, -107.2982758 39.4832662, -107.2978429 39.4833376, -107.2974335 39.4834678, -107.2971597 39.4835955, - 107.2963994 39.4840748, -107.2966856 39.4842622, -107.2953007 39.4852885, -107.2946157 39.4851162, -107.2946275 39.4850018, -107.2943813 39.4847753, -107.2931959 39.4838864, - 107.2927251 39.4835863, -107.2918394 39.4830974, -107.2926094 39.4822911, -107.2938882 39.4825088, -107.2949875 39.4827522, -107.2964821 39.4827132, -107.2966276 39.4827468, - 107.2970222 39.4827114, -107.2970482 39.4830426, -107.2979104 39.4828825, -107.2980423 39.4828263, -107.2980309 39.482776, -107.298361 39.4826853, -107.2989444 39.482464, - 107.2994829 39.4821912, -107.3002298 39.482081, -107.3015895 39.4822653, -107.301664 39.4825349, -107.3016692 39.483101, -107.3017915 39.4838232, -107.3019264 39.4841698, - 107.3020894 39.4844609, -107.3022381 39.4849312, -107.3020285 39.4850761, -107.3017994 39.4854635, -107.3017742 39.4858113, -107.3016081 39.4861594, -107.3015361 39.4863927, - 107.3010098 39.4867729, -107.3010092 39.4849134, -107.3008636 39.4844708, -107.3005864 39.4840676, -107.3001935 39.4837272, -107.2998361 39.4835248, -107.2992981 39.4833382, - United States Department of Interior Fish and Wildlife Service Project name: Eastbank LLC Minor Subdivision http://ecos.fws.gov/ipac, 02/20/2015 11:50 AM 3 107.2987182 39.4832561))) Project Counties: Garfield, CO United States Department of Interior Fish and Wildlife Service Project name: Eastbank LLC Minor Subdivision http://ecos.fws.gov/ipac, 02/20/2015 11:50 AM 4 Endangered Species Act Species List There are a total of 10 threatened, endangered, or candidate species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions. Birds Status Has Critical Habitat Condition(s) Greater sage-grouse (Centrocercus urophasianus) Population: entire Candidate Mexican Spotted owl (Strix occidentalis lucida) Population: Entire Threatened Final designated Yellow-Billed Cuckoo (Coccyzus americanus) Population: Western U.S. DPS Threatened Proposed Fishes Bonytail chub (Gila elegans) Population: Entire Endangered Final designated Colorado pikeminnow (Ptychocheilus lucius) Population: Entire, except EXPN Endangered Final designated Greenback Cutthroat trout (Oncorhynchus clarki stomias) Population: Entire Threatened United States Department of Interior Fish and Wildlife Service Project name: Eastbank LLC Minor Subdivision http://ecos.fws.gov/ipac, 02/20/2015 11:50 AM 5 Humpback chub (Gila cypha) Population: Entire Endangered Final designated Razorback sucker (Xyrauchen texanus) Population: Entire Endangered Final designated Flowering Plants Ute ladies'-tresses (Spiranthes diluvialis) Threatened Mammals Canada Lynx (Lynx canadensis) Population: (Contiguous U.S. DPS) Threatened United States Department of Interior Fish and Wildlife Service Project name: Eastbank LLC Minor Subdivision http://ecos.fws.gov/ipac, 02/20/2015 11:50 AM 6 Critical habitats that lie within your project area There are no critical habitats within your project area. United States Department of Interior Fish and Wildlife Service Project name: Eastbank LLC Minor Subdivision Exhibit F Development Agreement and Subdivision Improvements Agreement Page 1 of 6 DEVELOPMENT AGREEMENT FLYING M RANCH UNIT DEVELOPMENT THIS AGREEMENT is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD (the “County”), EASTBANK, LLC, a Colorado limited liability company (“Developer”). The County and Developer may hereinafter be referred to collectively as the “Parties.” WITNESSETH: A. Developer is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 (“Developer’s Property”). B. By Resolution No. 2019-___, which was approved in a public hearing before the Garfield County Board of County Commissioners on ______________________ and memorialized in a Resolution signed on _______________________, recorded in the real property records of Garfield County as Reception No. ____________________, the Garfield County Board of County Commissioners (the “Board”) approved the Flying M Ranch Planned Unit Development (the “FMR PUD”). The FMR PUD contemplates residential and commercial uses with significant active and passive open space areas (the “Project”), as documented in Resolution ________, recorded in the real property records of Garfield County as Reception No. ______________ and incorporated by this reference. C. The FMR PUD contemplates ________ separate phases of development for the Project, wherein each phase will require final plat approval. D. The FMR PUD provides that the first phase of development of the Project will consist of ___________________________________________________________________________ (“Phase 1”). E. The FMR PUD provides that the start of construction for each phase is based on the date of approval of the final plat for Phase 1 (the “Phase 1 Final Plat”); provided, however, that the final plats for all phases of the Project are approved no later than fifteen (15) years after the date of approval of the Phase 1 Final Plat (the “Phasing Plan”). F. The County has considered and approved the application for approval of the Phase I Final Plat and the request to approve this Development Agreement, after notice and public hearing as required by law, and pursuant to the requirements of ___________________ of the Garfield County Land Use and Development Code (2019) (the “Code”). The County finds and determines that the Phase 1 Final Plat constitutes a “Site Specific Development Plan,” as that term is defined in C.R.S. § 24-68-102(4)(a) and Section 2-202(B) of the CODE. G. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the “Statute”) and the Code provide for the establishment of vested property rights in order to advance the purposes stated Page 2 of 6 therein, and authorize the County to enter into development agreements with landowners providing for vesting of property development for periods greater than three (3) years. H. Development of the Property in accordance with the FMR PUD, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide significant trails and open space, promote diversity of housing stock, ensure reasonable certainty and stability in the land use planning process, stimulate economic growth within the County, and otherwise achieve the goals and purposes of the Statute and Code. I. Development of the Property will also require substantial investments in infrastructure improvements and public facilities, both on the Property and outside the Property, which will serve the needs of the Property and the County. Such investments can be supported only with assurances that development of the Property can proceed to ultimate completion as provided in the Project Plans and this Agreement. J. In exchange for the foregoing benefits and other benefits to the County contemplated by this Agreement, together with the public benefits served by orderly and well-planned development of the Property, Developer desires to receive vested property rights in the Project Plans in accordance with this Agreement. K. The mutual promises, covenants, and obligations contained in this Agreement are authorized by the statutes of the State of Colorado and the laws of the County. NOW, THEREFORE, in consideration of the promises cited above and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the County and Developer agree as follows: 1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and correct, and those recitals are hereby incorporated into the body of this Agreement. 2. General Provisions. a. Scope. The terms and conditions of this Agreement shall apply to the Property. b. Phasing. Construction of the Project is anticipated to occur in up to _______ phases, with Phase 1 being the initial phase of the Project, and construction of subsequent phases occurring in accordance with the Phasing Plan set forth in the FMR PUD. 3. Vesting of Certain Property Rights. The County and Developer hereby agree that Developer shall have a vested property right to the extent provided in this Agreement to undertake and complete development and use of the Property. a. Intent of Vesting System. The vesting system set forth in this Section 3 balances the County's obligation to protect the public health, safety and welfare of the community and its desire to facilitate the highest quality development with Developer’s private Page 3 of 6 property rights and Developer's need to rely on County approvals to achieve an economically viable project. b. Overview of Vesting System. i. Nature of Vested Rights. During the term of vested rights set forth in Section 3(d) below, Developer will have the right to develop uses at such densities and in the general locations on the Property described in the approved Project Plans. Upon County approval of any future final plats that are approved for the various phases of the Project, such plats shall automatically be entitled to the same vested rights as have been granted herein for the same period of vesting which remains under this Agreement. c. Rights That Are Vested. The rights identified herein or as may hereafter be acquired by operation of any state or local vested property rights law shall constitute vested property rights under this Agreement and shall not be taken by the County without just compensation. These rights include the following: i. No Downzoning. The maximum number of residential dwelling units and acres for residential use, and the total gross acres and floor area for non- residential uses, as set forth in the Project Plans are hereby vested. ii. Uses, Densities and Locations. The right to develop the Property in accordance with the uses, densities, and general locations set forth in the Project Plans is hereby vested. iii. Site Development Standards. The right to develop the Property in accordance with the design standards, development standards, and terms and conditions set forth in the Project Plans and the resolutions of the Board approving the same is hereby vested. iv. Timing of Development. The right to commence and complete development of the Property at such time in such order and at such rate as set forth in the Phasing Plan of the FMR PUD. This provision of this Agreement supersedes any County rules or regulations that require development to be commenced or completed in any specific time frame. v. Subsequent Approvals. The right to receive all County approvals necessary for development of the Project provided that subsequent final plat submittals or applications for other approvals comply with this Agreement and the Project Plans, and all applicable standards and regulations, including then-current duly- adopted, generally applicable regulations. vi. Site Specific Development Plan. As to the matters vested under this Agreement and the Project Plans, including any future final plats that are approved by the County for the various phases of the Project, shall be considered a site-specific development plan for the purposes of the Statute and Section 2-202 of the Code. The following statement is provided to satisfy the requirements of Section 2-202(D)(2) of the Code: Page 4 of 6 Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S. as amended. vii. Term of Vested Rights. In recognition of the size of the Project contemplated by this Agreement and the Project Plans, the time required to complete the Project, the need to proceed in phases, and varying economic cycles and market conditions likely to occur during the course of development of the Project, the County agrees that the rights identified as vested rights in this Section 3 shall be vested for a period of fifteen (15) years from the effective date of the County’s approval of this Agreement. viii. Adoption, Notice, and Effective Date. The County has adopted this Development Agreement as a legislative act subject to referendum, as required by C.R.S. § 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(1)(c), within 14 days from the date hereof, the County shall cause to be published in a newspaper of general circulation within the County, a notice advising the general public of the approval of the Phase 1 Final Plat as a Site-Specific Development Plan and the creation of vested property rights pursuant to this Development Agreement and C.RS. §§ 24- 68-101 et. seq. The effective date of the County’s approval of this Development Agreement shall be the date of said publication. 4. No Obligation to Develop. Notwithstanding anything to the contrary contained in this Agreement and the Project Plans, Developer shall have no obligation to develop all or any portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase 1 as the same may be amended. 5. Severability. If any provisions or parts of this Agreement are judged unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the remaining parts of this Agreement, the intention being that the various parts and provisions hereof are severable. 6. Recording of Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder at Developer's expense and shall be a covenant running with and against all the property, property rights, and improvements contained within the Property described in Exhibit 1.in order to put prospective owners, purchasers, successors, assigns, and others acquiring any interest in the Property on notice as to the terms and obligations herein. 7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding upon Developer’s heirs, successors, assigns, transferees, and any other person or entity acquiring or purchasing any interest in any of the Property. 8. Notice. Any notice to Developer or the County, which may be given under the terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent certified U.S. Mail and first class mail, postage prepaid, addressed as follows: TO DEVELOPER: Eastbank, LLC _______________ Page 5 of 6 _______________ TO THE COUNTY: Garfield County Board of County Commissioners Attn: Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Phone: 970-945-8212 Fax: 970-384-3470 The Parties shall provide notice of any change in the above-referenced information. 9. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado 10. Counterparts. This Agreement may be executed in counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement, the Parties have set their hands below on this day of 2018. DEVELOPER: EASTBANK, LLC, a Colorado Limited Liability Company By: Name: Its: COUNTY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Name: Page 6 of 6 Its: Page 1 of 11 Flying M Ranch PUD Subdivision Improvements Agreement THIS Flying M Ranch Subdivision Improvements Agreement (SIA) is made and entered into this ___ day of _________________, 2018, by and between EASTBANK, LLC, a Colorado limited liability company (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 Owner is the owner and developer of the Flying M Ranch PUD (the “Subdivision”), which property is depicted on the Final Plat of _________________ Subdivision (Final Plat or Final Plat of the Subdivision). The real property subject to this SIA is described in that Final Plat, recorded at Reception Number of the real estate records of Garfield County, Colorado and incorporated by this reference. On _________________, 20__, the BOCC, by Resolution No. _________, recorded at Reception Number ____________of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, among other things, would create _____________ [single-family] [multi-family] residential lots [and __________ open space/common area parcels](Preliminary Plan Approval). 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. Owner has agreed to execute and deliver 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. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner (Parties) agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the 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’s expense, including payment of fees required by Garfield County and/or other governmental and quasi-governmental entities with regulatory Page 2 of 11 jurisdiction over the Subdivision. The Subdivision Improvements [IF REVEGETATION REQUIRED: except for revegetation,] shall be completed on or before the end of the first full year following execution of this SIA (Completion Date), in substantial compliance with the following: i. Plans marked “Approved for Construction” for all Subdivision Improvements prepared by ________________________ and submitted to the BOCC on _______________, 20____, 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 requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi-governmental authority (ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; 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 Preliminary Plan Approval, the Final Plat Documents and the LUDC, 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 [IF REVEGETATION REQUIRED: other than revegetation,] Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a form of security deemed adequate by the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (Security) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The Security shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements [and] [revegetation], with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [minus $( cost of completed improvements ), the cost of Subdivision Improvements already completed as of the date of execution of this SIA, i.e. $( reduced amount )], as set forth and certified by Owner’s Engineer on Exhibit B [or B-1], if separate documents], to guarantee completion of the Subdivision Improvements. The Security 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. Security Requirements and Plat Recording. The Final Plat of the Subdivision shall not be recorded until the Security has been received by the County and approved by the BOCC. c. Extension of Security 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 Security 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 Security shall be subject to re-certification by Owner’s Engineer of the cost of completion and review by the BOCC. d. Unenforceable Security. Should the Security expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Security, 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 Security and shall do so by means of submission to the Building and Planning Department of a “Written Request for Partial Release of Security”, 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 and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract Page 4 of 11 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 Security 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 Security, 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: i. 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 Security, 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 Security, accompanied by Owner’s Engineer’s certificate of partial completion of improvements. iii. 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 security shall be authorized for release within ten (10) business days after completion of such investigation. g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.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 Security, the BOCC may withdraw and employ from the Security 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 Security. In such event, the BOCC shall make a written finding regarding Owner’s failure to Page 5 of 11 comply with this SIA prior to requesting payment from the Security, in accordance with the provisions of Article 13 of the LUDC. In lieu of or in addition to drawing on the Security, 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 Security or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements, [IF REVEGETATION REQUIRED: other than revegetation,] 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 and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner’s Association of the Subdivision [or any statutory special district or other entity] at the time of Final Plat Approval [, unless escrowed in accordance with paragraph __ below]; and 3) a Written Request for Final Release of Security, 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. i. The BOCC shall authorize a final release of the Security 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 Security accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner’s Written Request for Final Release of Security, accompanied by Owner’s Engineer’s certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC 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. Security FOR REVEGETATION (If Required). a. Revegetation Security and Substitute Collateral. [$____________ of the face amount of the Security, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision (Revegetation Security), the cost for which is detailed as a subdivision improvement in Exhibit B.] [Revegetation of disturbed areas in the Subdivision, the costs for which is detailed as a subdivision improvement in Exhibit B, shall be secured by delivery of a Letter of Credit from the Owner to the BOCC in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C-1 (Revegetation Page 6 of 11 Security).] The Revegetation Security shall be valid for a minimum of two (2) years following recording of the Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. b. Revegetation Security General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the Revegetation Security. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan titled _____________ and dated _________________ for the Subdivision submitted [as part of the Final Plat Documents] [for Preliminary Plan Approval]. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following recording of the Final Plat. d. Single Request for Release of Revegetation Security. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation Security and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a Written Request for Release of Revegetation Security, in the form attached to and incorporated herein by reference as Exhibit F, along with certification of completion by the Owner, or Owner’s agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation Security is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation Security and the BOCC’s associated rights to withdraw funds and bring a court action may survive final release of the Security securing other Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC’s Completion of Revegetation and Other Remedies. If Owner’s revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation Security such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation Security. In lieu of or in addition to drawing on the Revegetation Security, the BOCC may bring an action for injunctive relief or damages for the Owner’s failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation Security or filing a civil action. 5. WATER SUPPLY [AND WASTEWATER COLLECTION]. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water [, fire protection][non-potable irrigation water][and a wastewater/sewer collection system] in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such Page 7 of 11 water supply and distribution system(s) [and wastewater collection system] shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water [and wastewater] system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply [and wastewater collection] system(s) shall be transferred by Owner to the Homeowner’s Association of the Subdivision [Special District(s)] [municipality] by bill of sale. If a third party water [or sewer] service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowner’s Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right-of-Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended. The Homeowner’s Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Final Plat of the Subdivision shall be conveyed by Owner to the Homeowner’s Association at the time of Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for recordation following recording of the Final Plat and this SIA. ALTERNATE ESCROW PARAGRAPH. [If not conveyed at the time of recording of the Final Plat, Owner shall execute and deliver into escrow document(s) conveying the common open space parcel(s) [easement(s), greenbelt(s), park(s)], shown on the Final Plat to the Homeowner’s Association. The documents shall be deposited pursuant to the escrow agreement, to be executed by the Owner, the BOCC and escrow agent (Escrow Agreement), attached to and made a part of this SIA by reference as Exhibit __. Owner shall deliver to the BOCC a copy of the fully executed and recorded Escrow Agreement within a reasonable time following execution of this SIA. The special instructions of the Escrow Agreement shall provide: a. the Escrow Agent shall hold the conveyance documents until the earlier of: a) receipt of a written notice signed only by Owner notifying escrow agent that the work required of the Owner in this SIA has been completed and approved as complete by the BOCC; or b) receipt of a written notice signed only by the BOCC stating that Owner has failed to comply with the terms and conditions of this SIA; or c) the Completion Date for Subdivision Improvements, specified in paragraph 2, above, or as extended in accordance with paragraph __ of this SIA; and b. upon the first to occur of the foregoing events, the escrow agent shall cause the conveyance documents to be recorded in the records of the Garfield County Clerk and Recorder.] Page 8 of 11 9. 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 [including off-site improvements and revegetation] and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or 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. 10. 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. 11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Roaring Fork RE-1 School District, calculated in accordance with the LUDC and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner, i.e. $_________________; and Land dedication standard: ____________________ single-family dwelling units x _____ acres [ multi- family dwelling units x _____ acres] equals ________ acres.] The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, _______________ ($___________) as a payment in lieu of dedication of land to the ____________________ School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the 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 Roaring Fork RE-1 School District. 12. 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. 13. 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 ___________________ Fire Protection District (District), if the Fire District has so required, that there is adequate water available to the construction site for the District’s purposes [and all applicable District fees have been paid to the District]. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements [, except revegetation][and including off-site improvements,] have been completed and are operational as required by this SIA. [If applicable, Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit __, concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA.] Page 9 of 11 14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. [It is specifically agreed that this paragraph __ applies to the Subdivision as a multi-phased project and, therefore, in the event the BOCC vacates the Final Plat as to the Subdivision, subject of this SIA, the BOCC may also withhold approval of a proposed final plat for a future phase, if Subdivision Improvements [, including off-site improvements,] [and revegetation,] covered by this SIA are not completely installed and operable.] 15. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: ______________________________ ______________________________ ______________________________ ______________________________ with Copy to: ______________________________ ______________________________ ______________________________ ______________________________ BOCC: Board of County Commissioners of Garfield County, Colorado Page 10 of 11 c/o Community Development Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax:: (970) 384-3470 19. AMENDMENT AND SUBSTITUTION OF Security. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 20. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO ____________________________________ By: __________________________________________ Clerk to the Board Chairman Date: __________________________ OWNER: Eastbank, LLC By: _________________________________ ____________________________________ (Name and Title) Date: __________________________ Page 11 of 11 STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by ________________________, an authorized representative of Eastbank, LLC, Owner of the Subdivision, this ___ day of __________________, 2018. WITNESS my hand and official seal. My commission expires: ____________________________ _______________________________ Notary Public Exhibit G Phasing Plan Letter An Employee-Owned Company July 2, 2018 Revised: October 31, 2018 RE: Flying M Ranch PUD, Phasing Plan Dear Garfield County: This letter is to formally acknowledge the phasing plan for the proposed residential, hospice and commercial developments including access roads, bike path, sewer, water and dry utilities for the existing and proposed Flying M Ranch PUD area, Garfield County, Colorado. Phase I of the Flying M Ranch PUD will begin once the permit application has been approved and end approximately one year later after the extension of roads and utilities to Parcels A, B & D. The intent is that these lots will also apply for building permits and start construction of the eco-efficiency homes, hospice complex and potentially a storage facility. Future phases will follow Phase I over the proposed 10 year buildout. Roads Phase I includes the proposed Upper Access Rd off of CR 154 and connects to Flying M Ranch Rd for access to Parcels B & C. Proposed Lower Access Rd will provide access to the lower bench eco-efficiency home development of Parcel B. A proposed 10’ wide bike path will run along the bank of the Roaring Fork River from Parcel B to halfway thru Parcel D. Flying M Ranch will be extended by each individual parcel at time of development during the future phases. The gravel emergency access road will loop from the proposed extension of Flying M Ranch Road to the existing school which currently connects back to Flying M Ranch Road during future phases. Sewer & Water The proposed sewer for Phase I will run easterly of the existing lift station along the bike path and then along the Lower Access Rd providing services for the residential development in Parcel B. The sewer main will run westerly of the lift station, from an existing manhole that currently serves the school, to Parcel D along the bike path. The future sewer main will run along the extension of Flying M Ranch Rd to serve Parcels E & F during the future phases. Waterlines will be extended from the mains completed with the school district improvements. One loop connects from the intersection of Flying M Ranch Rd and the school district entrance easterly through the eco-efficiency homes along Upper Access Rd and completing the loop up to CR 154, where a tee was installed to accommodate this connection to the existing 12” water main. Phase I will also include an extension of the existing 8” main, west of the school, which will run along Flying M Ranch Road to Parcel D; extension through the remainder of Parcel D will occur with the Building permit of Parcel D; extension through Parcels E and F will occur during future phases. The loop through the school district following the emergency access road will also occur Land Surveying Civil Engineering Page 2 during the future phases and construction of the Emergency access loop. This loop will connect from the end of the line on Parcel F through the northern part of the school district property and connect into the existing 8” main, north of the school. Dry Utilities Phase I proposed dry utilities will run along the same corridor as the proposed water mains easterly of the school intersection and westerly through Parcel D. These utilities are all currently stubbed The extension of these utilities will run along Flying M Ranch Rd through Parcel F during future phases. Feel free to contact me at 970-945-8676 with any questions. Sincerely, HIGH COUNTRY ENGINEERING, INC. Roger Neal, P.E. Principal Exhibit H Rezoning Justification Report FLYING M RANCH PUD REZONING JUSTIFICATION REPORT (4-203 H) This Rezoning Justification Report is required by Sections 6-301 and 4-203 of the Garfield County Land Use and Development Code for an application for a Planned Unit Development. This report explains how the PUD rezoning will satisfy the approval criteria for a rezoning set forth in Section 4-113C. A. Rezoning Criteria Garfield County Land Use and Development Code Section 4-113. Rezoning … C. Review Criteria An application for rezoning shall … meet the following criteria: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. B. PUD Application Satisfies the Rezoning Criteria 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; This site has changed dramatically in the past few years including: (1) the approval by the BOCC of the Roaring Fork Water and Sanitation District’s (RFWD) expanded service area; (2) the construction of a new elementary school (the Riverview School); (3) installation and extension of central water and wastewater facilities; (4) the development of a FedEx distribution facility; (5) approval by the BOCC of a diesel automotive repair facility; and (6) approval by the BOCC of an equine veterinary clinic. The site is also within the City of Glenwood Springs Urban Growth Boundary. To this end, the PUD is logical and orderly because development is consistent with both the Glenwood Springs and Garfield County, and is generally an outgrowth of an already changing area. Likewise, approval of this PUD would not constitute spot zoning under Colorado law. Spot zoning examines “whether the change in question was made with the purpose of furthering a comprehensive zoning plan or [was] designed merely to relieve a particular property from the restrictions of the zoning regulations.” Clark v. City of Boulder, 362 P.2d 160, 162 (Colo. 1961). If the rezoning is for the purpose of furthering a comprehensive zoning plan or based on changed conditions, the rezoning is not spot zoning. Whitelaw v. Denver City Council, 405 P.3d 433, 445 (Colo. App. 2017). Approval of this PUD is entirely consistent with both the Garfield County and Glenwood Springs Comprehensive Plans (see below, and the Comprehensive Plan Analysis submitted with the Application) and is not intended merely to relieve a single property from the restrictions of zoning regulations. The Garfield County 2030 Comprehensive Plan Future Land Use Map designates this parcel as Residential Medium (6 to <10 Acres / Dwelling Unit). However, the Garfield County Code allows a density of up to 15 dwelling units per acre where there is access to public water and sewer systems. The proposed maximum residential density within this PUD is 6.72 dwelling units per acre. The proposed PUD will hook into the Roaring Fork Water and Sanitation District public water and sewer system. Therefore, the density is entirely appropriate within the limits of the Garfield County Code, which will result in logical and orderly development. The proposed PUD is also within the City of Glenwood Springs 3 mile area of influence. The proposed residential, hospice, assisted living, and business park uses and densities are a response to changing surrounding land use in the south Glenwood Springs area and meet critical community needs. The uses will be compatible with the surrounding area, will result in a logical and orderly development pattern, will have significant public benefit, and are consistent with the goals and policies of the Garfield County Comprehensive Plan. This area is also within the City of Glenwood Springs Urban Growth Boundary. The UGB is defined as an area within which urban development is encouraged that is in conformance with the Future Land Use Map and Comprehensive Plan, and outside of which development should be rural in character. Because it is within the City’s UGB, “urban” level development is encouraged. Indeed, within this southern area of the UGB, the City’s Comprehensive Plan expressly expresses a preference for something more than the adjacent “large lot residential subdivisions.” This PUD is responsive to this goal. The PUD seeks to provide a diverse variety of housing types, costs, and tenancy options to accommodate a diversity of residents and incomes, including senior citizens, students, families, regional employees, and Roaring Fork RE-1 School District teachers. This housing will be located near existing infrastructure and amenities so that families can live, work, and play in their communities. Indeed, this attainable housing will be mid-Valley and offers the benefit of being close to up-valley work locations without having to pass through the traffic bottleneck of Glenwood Springs. For these reasons, the proposed PUD results in a logical and orderly development pattern. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; As discussed previously, this area has changed significantly in the past several years. These changes have included the development of the Riverview School, development of a FedEx distribution center, and redevelopment of a commercial / industrial parcel. As a result of these changes, increasing the surrounding density and diversifying the uses in the area surrounding the new school and commercial / industrial development is within the public interest. In addition, the uses in high demand, including workforce housing, assisted living facilities, end of life care, and multi-family residential development. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and The proposed uses within the PUD are in high demand within Garfield County and the surrounding region. These uses include workforce housing, multi-family residential, assisted living, and end of life care. The proximity of these facilities, particularly the workforce housing component, is well located as it is adjacent to the new Riverview School, near central water and sewer, and proximate to Highway 82. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. The proposed PUD is in general conformance with the Comprehensive Plan and all IGAs. It is within the City of Glenwood Springs’ Urban Growth Boundary. As a result, the County defers to the City’s Comprehensive Plan for guidance. The uses are within the Roaring Fork Water and Sanitation District and will be served with central water and sewer service. There is good access to Highway 82, a variety of housing options and types, and much needed community services. More analysis is contained within the Comprehensive Plan Analysis submitted with the Application. Exhibit I Master Declaration for The Flying M Ranch P.U.D. MASTER DECLARATION FOR THE FLYING M RANCH PLANNED UNIT DEVELOPMENT [Insert table of contents] MASTER DECLARATION FOR THE FLYING M RANCH PLANNED UNIT DEVELOPMENT THIS MASTER DECLARATION FOR THE FLYING M RANCH PLANNED UNIT DEVELOPMENT (the "Declaration") dated August 15, 2018, shall be effective upon recordation and is made by Eastbank, LLC, a Colorado limited liability company ("Declarant"). Declarant is the owner of certain real property in Garfield County, Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Declarant hereby makes the following grants, submissions, and declarations: ARTICLE I IMPOSITION OF COVENANTS Section 1.01 Purpose. The purpose of this Declaration is to create a Planned Community under the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101 et seq. (the “Act”), known as the “Flying M Ranch Planned Unit Development” (the "Project"). Nonetheless it is the intent of Declarant that Flying M Ranch Planned Unit Development be entitled to the exemption for new small planned communities as set forth in C.R.S. § 38-33.3-116(2)(2018) to the extent permitted by law. Section 1.02 Intention of Declarant. Declarant desires to protect the value and desirability of the Project, to further a plan for the improvement, sale and ownership of the Lots in the Project, to create a harmonious and attractive development and to promote and safeguard the health, comfort, safety, convenience, and welfare of the Owners. Section 1.03 Submission to Declaration. To accomplish the purposes and intentions recited above, Declarant hereby imposes upon all of the Property the covenants, conditions, restrictions, easements, reservations, rights-of-way, and other provisions of this Declaration, and Declarant hereby declares that all of the Property shall be owned, held, sold, conveyed, encumbered, leased, rented, occupied, maintained, and improved subject to the provisions of this Declaration. Section 1.04 Covenants Running With the Land. All provisions of this Declaration shall be deemed to be covenants running with the land, or as equitable servitudes, as the case may be. The benefits, burdens, and other provisions contained in this Declaration shall be binding upon and shall inure to the benefit of Declarant, all Owners and their respective heirs, executors, administrators, personal representatives, successors, and assigns. ARTICLE II DEFINITIONS The following words, when used in this Declaration, shall have the meanings designated below unless the context expressly requires otherwise: Section 2.01 "Act" means the Colorado Common Interest Ownership Act as defined in ARTICLE I hereof. It is the intent of Declarant that Flying M Ranch Planned Unit Development be entitled to the exemption for new small planned communities as set forth in C.R.S. § 38-33.3-116(2)(2018) to the extent permitted by law. Section 2.02 "Additional Reserved Rights" has the meaning set forth in Section 11.02. Section 2.03 "Allocated Interests" means the undivided interest in the Common Elements, the Common Expense Liability, and the votes in the Association allocated to each of the Lots in the Project. The formulae used to establish the Allocated Interests are described in ARTICLE IV. The Allocated Interests for each Lot are set forth on Exhibit B attached hereto and incorporated herein by this reference. Section 2.04 "Articles of Incorporation" means the Articles of Incorporation of the Flying M Ranch Planned Unit Development Association, Inc. filed with the Colorado Secretary of State, as amended from time to time. Section 2.05 "Assessments" means the annual, special and Default Assessments levied Pursuant to this Declaration. Section 2.06 "Association" means the Flying M Ranch Planned Unit Development Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. Section 2.07 "Board of Directors" or "Board" means the governing body of the Association, as provided in this Declaration and in the Articles of Incorporation and Bylaws of the Association, and defined as the "executive board" in the Act. Section 2.08 "Budget" means the annual budget of the projected revenues, expenditures (both ordinary and capital) and reserves for the Association. Section 2.09 "Bylaws" means the bylaws adopted by the Association, as amended from time to time. Section 2.10 "Common Elements" means all portions of the Project excluding the Lots, General Common Elements, and Limited Common Elements. The Common Elements shall be owned by the Owners, each Lot being allocated an undivided interest in the Common Elements as allocated pursuant to ARTICLE IV. Section 2.11 "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association, including General Common Expenses and Limited Common Expense. Section 2.12 "Common Expense Liability" means the liability for Common Expenses allocated to each Lot pursuant to this Declaration. Section 2.13 "Project Documents" means the basic documents creating and governing the Project, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Map, and any Rules and Regulations, and any other Documents or provisions adopted under such documents by the Association or the Board of Directors. Section 2.14 "Costs of Enforcement" means all monetary fees, late charges, interest, expenses, costs, including receiver's and appraiser's fees, collection agency fees, and reasonable attorneys' fees and disbursements, including legal assistants' fees, incurred by the Association in connection with the collection of Assessments or in connection with the enforcement of the terms, conditions and obligations of the Project Documents. Section 2.15 "County" means the County of Garfield, Colorado. Section 2.16 "Declarant" means Eastbank, LLC, a Colorado limited liability company, and its successors and assigns as the same may be specified in a recorded instrument specifically describing those rights of Declarant transferred to a successor or assignee. Section 2.17 "Declaration" means this Declaration, together with any supplement or amendment to this Declaration, and any other recorded instrument however denominated that exercises a Development Right and is executed by Declarant and recorded in the Records. The term Declaration includes the Map, any certificate of completion (as defined in the Act) that is separate from the Map, and all amendments and supplements to this Declaration, the Map, and any separate certificate of completion without specific reference thereto. Section 2.18 "Deed" means each initial deed recorded after the date hereof by which Declarant conveys a Lot and, after the initial sale by Declarant, any deed or other instrument by which an Owner transfers title to a Lot (expressly excluding an instrument creating a Security Interest). Section 2.19 "Default Assessment" means an Assessment levied pursuant to this Declaration in connection with an unpaid amount for which an Owner is responsible including, without limitation, for Costs of Enforcement, overdue amounts charged by the Association to an Owner, liability for negligence and indemnification obligations. Section 2.20 "Development Agreement" means that document entitled "________________" which is recorded with the Clerk and Recorder for Garfield County, Colorado, on ___________ at Reception No. _________, as amended or supplemented from time to time. Section 2.21 "Eligible First Mortgagee" means a First Mortgagee that has notified the Association in writing of its name and address and status as a First Mortgagee and has requested that it receive the notices provided for in ARTICLE XV entitled "Mortgagee Protections." Section 2.22 "Fine" means a monetary penalty imposed by the Association against an Owner for violating terms, conditions, or provisions of the Project Documents. Interest on overdue amounts, late charges, other Costs of Enforcement and Default Assessments (other than any portion thereof which is designated as a Fine) are expressly excluded from the definition of, and shall not be deemed to be, Fines. Section 2.23 "First Mortgagee" means a holder of a Security Interest in a Lot which has priority over all other Security Interests in the Lot. Section 2.24 "General Common Elements" means those portions of the Project depicted on the Plat as General Common Elements. The General Common Elements shall be owned by the Owners, each Lot being allocated an undivided interest in the General Common Elements as allocated pursuant to ARTICLE IV. Section 2.25 "General Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association pertaining to the General Common Elements, together with any allocations to reserves for the General Common Elements, including, without limiting the generality of the foregoing, the following items: (a) expenses of administration, insurance, operation, and management, repair or replacement of the General Common Elements except to the extent such repairs and replacements are responsibilities of an Owner as provided in this Declaration; (b) expenses identified as General Common Expenses by the provisions of this Declaration or the Bylaws; (c) expenses agreed upon as General Common Expenses by the members of the Association. Section 2.26 "Improvement(s)" means the building(s) (including all fixtures and improvements contained within it) located on the Property in which Lots or Common Elements are located, together with landscaping and hardscaping located on the Property. Section 2.27 "Limited Common Elements" means those parts of the Common Elements that are limited to and reserved for use in connection with one or more, but fewer than all, of the Lots. Without limiting the foregoing, the Limited Common Elements shall include any item designated as "Limited Common Elements" or "LCE" in this Declaration or on the Plat, if any. All Limited Common Elements shall be used in connection with the appurtenant Lot(s) to the exclusion of the use thereof by the other Owners, except by invitation and except as otherwise set forth in ARTICLE X. No reference to Limited Common Elements need be made in any instrument of conveyance or encumbrance in order to convey or encumber the Limited Common Elements appurtenant to a Lot. Section 2.28 "Lot" means a physical portion of the Project which is designated for separate ownership or occupancy and the boundaries of which are described in or determined by this Declaration and depicted on the Plat. Each Lot shall be designated by a separate number, letter, address or other symbol or combination thereof that identifies only one Lot in the Project as more specifically set forth on Exhibit B. Section 2.29 "Majority of Owners" means a majority of the Total Voting Power (rather than a majority of those present or voting by proxy at a meeting or the majority of a quorum). Votes allocated to any Lots owned by the Association may not be cast and shall not be included in any calculation of voting power. Section 2.30 "Management Agreement" means any contract or arrangement entered into for purposes of discharging the responsibilities of the Board of Directors of the Association, relative to the operation, maintenance, and management of the Project. Section 2.31 "Managing Agent" means a person, firm, corporation or other entity employed or engaged as an independent contractor pursuant to a Management Agreement to perform management services for the Association. Section 2.32 "Nonprofit Act" means the Colorado Revised Nonprofit Corporation Act, Articles 121-137, Title 7, Colorado Revise Statutes, as may be amended and supplemented from time to time. Section 2.33 Occupant" means any member of an Owner's family or an Owner's guests, invitees, servants, tenants, employees, or licensees who occupy a Lot or are on the Common Elements for any period of time. Section 2.34 "Owner" means Declarant or any other Person who owns record title to a Lot (including a contract seller but excluding a contract purchaser) but excluding any Person having a Security Interest in a Lot unless such Person has acquired record title to the Lot pursuant to foreclosure or other proceedings or by conveyance in lieu of foreclosure. Section 2.35 "Period of Declarant Control" means the maximum period of time defined and limited by Section 6.05 of this Declaration during which Declarant may, at its option, control the Association. Section 2.36 "Person" means an individual, association, partnership, limited liability company, corporation, trust, governmental agency, political subdivision or other legal entity or any combination thereof Section 2.37 “Plat” means the Final Plat of the Flying M Ranch PUD, recorded in the records of Garfield County, Colorado as Reception No. ______________. Section 2.38 "Project" has the meaning set forth in Section 1.01 hereof. Section 2.39 "Property" means the real property described in the attached Exhibit A. Section 2.40 “PUD Guide” means that certain Flying M Ranch PUD Guide approved by the Garfield County Board of County Commissioners recorded in the Records on ________________ as Reception No. ____________. Section 2.41 "Real Estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage or law, pass with the conveyance of land though not described in the contract of sale or instrument of conveyance. Section 2.42 "Records" means the Office of the Clerk and Recorder of Garfield County. Section 2.43 "Rules and Regulations" means the rules and regulations promulgated by the Association for the management, preservation, safety, control, and orderly operation of the Project in order to effectuate the intent and to enforce the obligations set forth in the Project Documents, as amended and supplemented from time to time. Without limiting the generality of the foregoing, the phrase Rules and Regulations as used in the Project Documents shall not be limited to the provisions of the document(s) entitled Rules and Regulations but instead shall include all policies, procedures, rules, regulations, and/or guidelines as the same may be adopted or amended from time to time by the Board of Directors and shall expressly include, without limitation, any corporate governance policies, and/or any architectural control guidelines. Separate Rules and Regulations may be promulgated to apply to respective Subassociations. Section 2.44 "Security Interest" means an interest in Real Estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an Association, and any other consensual lien or title retention contract intended as security for an obligation. The holder of a Security Interest includes any insurer or guarantor of the obligation secured by a Security Interest. Section 2.45 "Special Declarant Rights" has the meaning set forth in Section 14.1 hereof. Section 2.46 "Subassociation(s)" means any other Colorado nonprofit corporation, and its successors and assigns, organized and established pursuant to or in connection with any Supplemental Declaration. Section 2.47 "Subassociation Common Elements" means any interest in real property depicted on a Supplemental Declaration as a Subassociation Common Element. The Subassociation Common Elements shall be owned by the Owners within the respective Subassociation, each Lot being allocated an undivided interest in the Subassociation Common Elements as allocated pursuant to ARTICLE IV. Section 2.48 "Total Voting Power" means the aggregate number of votes of the members of the Association or a Subassociation, as applicable, that are eligible and entitled to vote on or consent to or reject the decision or action in question. ARTICLE III GENERAL RESTRICTIONS APPLICABLE TO THE COMMON INTEREST COMMUNITY Section 3.01 Use and Occupancy of Lots. All Lots shall be used in accordance with the Development Agreement, Project Documents, PUD Guide, and any other applicable laws. Each Owner shall be entitled to the exclusive ownership and possession of his or her Lot, subject to the rights of the Declarant and the Association provided in this Declaration. Section 3.02 Compliance with Laws, Ordinances, Development Agreement and Association Documents. No Lot shall be used for any purpose not permitted by the PUD Guide for the Project, the Development Agreement, or this Declaration. Section 3.03 Use of Common Elements. Except as may be permitted in the Limited Common Elements pursuant to the Project Documents, there shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements by any Owner without the prior written approval of the Board of Directors. Nothing shall be altered on, constructed in, or removed from the Common Elements by any Owner without the prior written approval of the Board of Directors. Section 3.04 Prohibition of Increases in Insurable Risks and Certain Activities. Nothing shall be done or kept in any Lot or in or on the Common Elements, or any part thereof, which would result in the cancellation of the insurance on all or any part of the Project or in an increase in the rate of the insurance on all or any part of the Project over what the Association, but for such activity, would pay, without the prior written approval of the Board of Directors. Nothing shall be done or kept in any Lot or in or on the Common Elements which would be in violation of any Applicable Law. No damage to or waste of the Common Elements shall be committed by any Owner or Occupant, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by such Owner or an Occupant of such Owner's Lot (including all Costs of Enforcement incurred in the defense of claims arising by reason of this Section or incurred in establishing the right to indemnification). Failure to so indemnify shall be a default by such Owner under this Section and shall give rise to a Default Assessment against such Owner's Lot. At its own initiative or upon the written request of any Owner, if the Association determines that further action by the Association is proper, the Association shall enforce the foregoing indemnity as a Default Assessment levied against such Lot. Section 3.05 Improvements to General Common Elements. In the event the Board of Directors makes a decision to make improvements to the General Common Elements that were not in place at the time of expiration of the Period of Declarant Control, if possible and practicable, those improvements shall be made in a consistent manner throughout the General Common Elements and the costs of the installment of those improvements and subsequent maintenance, repair and replacement costs shall be allocated as set forth in Section 4.2 and Exhibit B. Section 3.06 Lighting. No lights shall be emitted which are unreasonably bright or cause unreasonable glare; no sound shall be emitted which is unreasonably loud or annoying; and no odor shall be emitted which is nauseous or unreasonably offensive to others. The Association may adopt additional restrictions regarding these matters in the Rules and Regulations or in a separate policy. Section 3.07 Subdivision of Lots; Relocation of Boundaries Between Adjoining Lots. Except as expressly otherwise set forth in connection with the Reserved Declarant Rights, Owner(s) may only subdivide their Lots, relocate boundaries between their Lot and an adjoining Lot, and/or reallocate Limited Common Elements between or among Lots after obtaining the prior approval of the Garfield County Board of County Commissioners, and only up the prior approval of the Board of Directors pursuant to the Rules and Regulations, as well as the consent of all Owners and Eligible First Mortgagees of the Lots affected by such change (a) Creation of Subassociation for Management of Subassociation Common Elements. In the event of future subdivision of a Lot by and Owner, the Owner shall create a Subassociation to manage such Lot’s common facilities. (b) Creation of Subassociation for Lots A1-A4. Lots A1 through A4 (Business Park), shall create a Subassociation contemporaneously with the creation of the Master Association to manage the Lot A Subassociation Common Elements depicted on the Plat. (c) Undivided Interest in the Subassociation Common Elements. The percentage of the undivided interest in the Subassociation Common Elements shall be allocated based on the number of lots within the Subassociation. For example, Lot A Subassociation will split interests equally among Lot A1, Lot A2, Lot A3, and Lot A4. (d) Subassociation Common Expense Liability. The percentage of Subassociation Common Expense Liability shall be allocated by a Supplemental Declaration governing such Subassociation. ARTICLE IV ALLOCATED INTERESTS Section 4.01 Allocation of interests. The Allocated Interests assigned to each Lot are set forth on Exhibit B. These interests have been allocated in accordance with the formulae set out in Section 4.02 below. These formulae are to be used in reallocating interests if Lots are added to the Project, if Lots are converted to a different type of Lot or if Lots are converted to Subassociation Common Elements, General Common Elements or Limited Common Elements. Section 4.02 Formulae for the Allocation of Interests. The interests allocated to each Lot have been calculated by the following formulae and are shown on Exhibit B. (a) Undivided Interest in the General Common Elements. The percentage of the undivided interest in the General Common Elements shall be allocated among all Lots as set forth in Exhibit B. (b) General Common Expense Liability. The percentage of General Common Expense Liability shall be allocated among all Lots in the same manner as the percentage of the undivided interest in the General Common Elements, as set forth in Exhibit B. Allocations for General Common Expense Liability may be further adjusted as set forth in Section 8.4 of this Declaration. (c) Votes. Each Lot shall be allocated a vote as set forth in Exhibit B in the same matter as allocations of undivided interests in the General Common Elements and undivided interests in the Subassociations, as applicable. Section 4.03 Rounding Convention. The total of all Allocated Interests shall be deemed to equal to one hundred percent (100%) for purposes of this Declaration. ARTICLE V LEGAL DESCRIPTION AND TAXATION OF LOTS Section 5.01 Contracts to Convey and Conveyances Subsequent to Recording of Declaration and Map. Subsequent to the recording of this Declaration and the Map, contracts to convey, instruments of conveyance of Lots, and every other instrument affecting title to a Lot shall be in substantially the following form with such omissions, insertions, recitals of fact, or other provisions as may be required by the circumstances or appropriate to conform to the requirements of any governmental authority, practice or usage or requirement of law with respect thereto: Lot _______, according to the Declaration for Flying M Ranch Planned Unit Development, recorded _____________, 2018, at (Reception No. ____________) and the Map recorded ____________, 2018, (Reception No. ________________) in the office of the Clerk and Recorder of Garfield County, Colorado. Section 5.02 Conveyance Deemed to Include an Undivided Interest in Common Elements. Every instrument of conveyance, Security Interest, or other instrument affecting the title to a Lot which legally describes the Lot substantially in the manner set forth above shall be construed to include the Lot, together with the undivided interest in the Common Elements appurtenant to such Lot, as allocated on Exhibit B, and together with all fixtures and improvements contained in such Lot, and to incorporate all the rights incident to ownership of a Lot and all the limitations of ownership as described in the covenants, conditions, restrictions, easements, reservations, rights-of-way, and other provisions contained in this Declaration and the other Project Documents, including the easement of enjoyment to use the Common Elements. Section 5.03 Separate Tax Assessments. Upon the filing for record of this Declaration and the Map in the Records, Declarant shall deliver a copy of this Declaration to the assessor of each county specified in the Records as provided by law. The lien for taxes assessed shall be confined to the Lot(s). No forfeiture or sale of any Lot for delinquent taxes, assessments, or other governmental charge shall divest or in any way affect the title to any other Lot, including, without limitation, the Common Elements appurtenant to any other Lot. ARTICLE VI MEMBERSHIP AND VOTING RIGHTS IN MASTER ASSOCIATION Section 6.01 Master Association Membership. The Articles of Incorporation shall be filed no later than the date Declarant delivers the first Deed conveying a Lot in the Project. Every Owner shall be a member of the Association and shall remain a member for the period of the Owner's ownership of a Lot. No Owner, whether one or more Persons, shall have more than one membership per Lot owned, but all of the Persons owning a Lot shall be entitled to rights of membership and of use and enjoyment appurtenant to ownership of a Lot. Membership in the Association shall be appurtenant to, and may not be separated from, ownership of a Lot. If title to a Lot is held by more than one Person, such Persons shall appoint and authorize one Person or alternate Persons to represent the Owners of the Lot pursuant to the Bylaws, and there shall be a single registered address for each Lot, as applicable, for notice and delivery purposes as further set forth in the Bylaws. Section 6.02 Voting Rights and Meetings. Each Lot in the Project shall have the votes allocated in accordance with Section 4.02; provided, however, no vote allocated to a Lot owned by the Association may be cast. Cumulative voting shall not be allowed in the election of the Board of Directors or for any other purpose. The voting power required for any action or determination shall be calculated in accordance with the Bylaws. A meeting of the Association shall be held at least once each year, and special meetings of the Association may be called in accordance with the Bylaws. Section 6.03 Meeting to Approve Annual Budget. Prior to the first annual meeting of the Association, and thereafter at the annual meeting of the Association or at a special meeting of the Association called for such purpose, the Owners shall be afforded the opportunity to review the Budget proposed by the Board of Directors, which shall include separate Budgets for Subassociation Common Expenses for the Association's next fiscal year. Only the members of the Board of Directors elected by each Subassociation will be entitled to vote to approve the Budgets applicable to their Subassociation Common Expenses. If for any reason the Owners within a Subassociation are unable to elect the members of the Board of Directors, as the context requires, to represent their interests regarding Subassociation issues, after diligent attempts to do so, then the remaining members of the Board of Directors will be authorized to approve the Budget for Subassociation Common Expenses. A summary of the proposed Budgets approved by the Board of Directors shall be delivered to the Owners within ninety (90) days after approval by the Board of Directors along with a notice of a meeting of the Association to be held not fewer than ten (10) nor more than fifty (50) days after delivery of the summary to the Owners. Unless at the meeting at least sixty-seven percent (67%) of the Total Voting Power reject the proposed Budgets, as applicable, such Budget shall be deemed ratified whether or not a quorum is present at the meeting. In the event a proposed Budget is rejected, the then existing Budget shall continue in effect until such time as a subsequent Budget is proposed by the Board of Directors and is not rejected in accordance with the above procedures. Only the Owners of each separate Subassociation will be entitled to vote to reject the Subassociation Budget in accordance with this Section. Section 6.04 Transfer Information. All Persons who acquire Lot(s) other than from Declarant shall provide written notice of the transfer, together with all information required under the Bylaws and/or the Rules and Regulations, to the Association within ten (10) days after the date of transfer. Such Person shall also provide a true and correct copy of the recorded instrument conveying or transferring the Lot or such other evidence of the conveyance or transfer as is reasonably acceptable to the Association. The Association or Managing Agent shall have the right to charge the Person a reasonable administrative fee for processing the transfer in the records of the Association. Section 6.05 Declarant Control of the Association. There shall be a Period of Declarant Control of the Association, during which Declarant, or Persons designated by Declarant, may appoint and remove the officers of the Association and the members of the Board of Directors. The Period of Declarant Control shall commence upon filing of the Articles of Incorporation and shall terminate no later than the earlier of: (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created to Owners other than a Declarant; (b) two (2) years after Declarant's last conveyance of a Lot in the ordinary course of business; or (c) two (2) years after any right to add new Lots was last exercised. Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before the termination of the Period of Declarant Control, but in that event, Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Association or Board of Directors, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. Section 6.06 Required Election of Owners. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots that may be created by Declarant to Owners other than Declarant, at least one (1) member and not fewer than twenty-five percent (25%) of the members of the Board of Directors shall be elected by Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots that may be created by Declarant to Owners other than Declarant, not fewer than thirty-three and one-third percent (33-1/3%) of the members of the Board of Directors must be elected by Owners other than Declarant. For the avoidance of doubt, the foregoing restrictions on Declarant are not intended to restrict the Declarant, to the extent it then owns one or more Lots, from voting or from running for the Board of Directors as a Lot Owner. Not later than the termination of the Period of Declarant Control, the Owners shall elect all members of the Board of Directors, at least a majority of whom shall be Owners other than Declarant or Designated Representatives of Owners other than Declarant. In order to assure representation of each Subassociation in the affairs of the Association and to protect the valid interests of the Owners within each Subassociation in the operation of the Project following the termination of the Period of Declarant Control, the Owners within each Subassociation, to the extent the same exists, shall be entitled to elect one member of the Board of Directors. The Board of Directors shall elect the officers. The members of the Board of Directors and officers shall take office upon election. Each member of the Board of Directors shall serve for the term specified in the Bylaws and may be removed only in accordance with the Bylaws. Section 6.07 Requirements for Turnover of Declarant Control. Within sixty (60) days after the Owners other than Declarant elect a majority of the members of the Board of Directors, Declarant shall deliver to the Association (a) all property of the Owners and of the Association held by or controlled by Declarant. Section 6.08 Subassociation Voting. All Subassociation issues shall be voted upon or otherwise acted upon by the Owners in the applicable Subassociation at a regular or special meeting of the Association or at such other special meeting of the Subassociation as may be called by the members of the Board of Directors elected by such Subassociation. ARTICLE VII MASTER ASSOCIATION POWERS AND DUTIES Section 7.01 Association Management Duties. Subject to the rights and obligations of Declarant and other Owners as set forth in this Declaration, the Association shall be responsible for the administration and operation of the Project and for the exclusive management, control, maintenance, repair, replacement, and improvement of the Common Elements. The Association shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. The expenses, costs, and fees of such management, operation, maintenance, and repair by the Association shall be pm1of the Assessments, and prior approval of the Owners shall not be required in order for the Association to pay any such expenses, costs, and fees. The Association shall establish and maintain, out of the installments of the annual Assessments, an adequate reserve account for maintenance, repair, or replacement of those Common Elements that must be maintained, repaired and/or replaced on a periodic basis. The Association shall adopt and amend, annually and in accordance with the provisions hereof, a Budget which will be the basis for collection of Assessments from Owners. The Association shall keep financial records sufficiently detailed to enable the Association to comply with the requirement to provide statements of status of Assessments, as described in Section 8.11. All financial and other records of the Association shall be made reasonably available for examination by any Owner and such Owner's authorized agents and requesting First Mortgagees, all in accordance with the Project Documents. Section 7.02 Association Powers. The Association shall have, subject to the limitations contained in this Declaration, the Bylaws, and the Act, all powers necessary or appropriate for the administration of the affairs of the Association and the upkeep of the Project, which shall include, but not be limited to, the following: (a) Adopt and amend the Bylaws and the Rules and Regulations; (b) Adopt and amend the Budgets; (c) Collect Assessments from Owners; (d) Suspend the voting interests allocated to a Lot, and the right of an Owner to cast such votes, or by proxy the votes of another, during any period in which such Owner is in default in the payment of any Assessment, or during any time in which an Owner is in violation of any other provision of the Project Documents; (e) Subject to Section 7.03, hire and discharge Managing Agents pertaining to a Subassociation and delegate to such Managing Agents the power and duty to enforce the Rules and Regulations and other powers and duties of the Association, subject to the requirements of the Act; (f) Subject to Section 7.03, hire and discharge employees, independent contractors and agents pertaining to a Subassociation other than Managing Agents; (g) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Project Documents in the Association's name, on behalf of the Association or on behalf of two or more Owners in matters affecting the Project; (h) Adjust and settle insurance claims; (i) Receive notices, join in any litigation or administrative proceeding, and execute any and all documents in the Association's name, on behalf of the Association, or on behalf of the two or more Owners, in connection with any change in zoning, annexation, subdivision approval, building permit, or other type of govemmental approval required to accomplish or maintain the purposes of the Association; (j) Make contracts and incur liabilities; (k) Regulate the use, maintenance, repair, replacement, and modification of all Common Elements (expressly including the Limited Common Elements), all Association property within the Project or any property which serves the Project but which is outside its boundaries; (l) Establish policies and procedures for entry into Lots under authority granted to the Association in the Project Documents for the purpose of cleaning, maintenance and repair (including emergency repair) and for the purpose of abating a nuisance, or a known or suspected dangerous or unlawful activity; (m) Cause additional improvements to be made as a part of the Common Elements; (n) Acquire, hold, encumber and convey, in the Association's name, any right, title or interest to real estate or personal property (provided that Common Elements may be conveyed or subjected to a Security Interest only pursuant to Section 38-33.3-312 of the Act); (o) Grant easements, including permanent easements, and grant leases, licenses and concessions, through or over the Common Elements; (p) Impose and receive a payment, fee, or charge for (i) services provided to Owners, and (ii) for the use, rental or operation of the Common Elements (other than for the use or rental of the Limited Common Elements); (q) Establish, from time to time, and thereafter impose, charges for late payment of Assessments or any other sums due and, after notice and hearing, levy a Fine for a violation of the Project Documents; (r) Impose a reasonable charge for the preparation and recording of amendments to the Declaration or statements of unpaid Assessments and for services provided to Owners; (s) Recover Costs of Enforcement for collection of Assessments and other actions to enforce the powers of the Association, regardless of whether or not suit was initiated; (t) Provide for the indemnification of the Association's officers and the Board of Directors to the extent permitted by law and maintain directors' and officers' liability insurance; (u) Assign the Association's right to future income, including the right to receive Assessments; (v) Except with respect to members of the Board of Directors appointed by Declarant during the Period of Declarant Control (who may be removed only by Declarant), declare the office of a member of the Board of Directors to be vacant in the event such member is absent from three (3) regular meetings of the Board of Directors during any one-year period; (w) Appoint any committee as required or permitted by the Project Documents, and by resolution, establish committees, permanent and standing, to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the committee; (x) By resolution, set forth policies and procedures which provide for corporate actions and powers which are different than those set forth in the Nonprofit Act, which are permitted to be "otherwise set forth in the Bylaws." Such resolutions shall be given the same force and effect as if specifically enumerated in the Declaration or the Bylaws; (y) Exercise any other powers conferred by the Project Documents, the Act, or the Nonprofit Act or that may otherwise be exercised by entities of the same type as the Association under Colorado law; and (z) Exercise any other power necessary or proper for the governance and operation of the Association. Section 7.03 Actions by Board of Directors. Except as specifically otherwise provided in this Declaration, the Bylaws or the Act, the Board of Directors may act in all instances on behalf of the Association. In the avoidance of doubt, all Subassociation issues shall be voted on and acted upon by the Owners in the applicable Subassociation, or by the member(s) on the Board of Directors elected by the Owners within such Subassociation, in accordance with the Declaration, the Bylaws and the Act. Section 7.04 Board of Directors Meetings. All meetings of the Board of Directors, at which action is to be taken by vote, will be open to the Owners and Eligible First Mortgagees, and agendas for meetings of the Board of Directors shall be made reasonably available for examination by all members of the Association or their representatives and Eligible First Mortgagees, except as set forth in the Bylaws. Section 7.05 Right to Notice and Hearing. Whenever the Project Documents require that an action be taken after "notice and hearing," the following procedure shall be observed: The party proposing to take the action (e.g., the Board of Directors, a committee, an officer, a Managing Agent, etc.) shall give notice of the proposed action to all Owners and Eligible First Mortgagees whose interests the proposing party reasonably determines would be significantly affected by the proposed action. The notice shall be given not less than three (3) days before the proposed action is to be taken. The notice shall include a general statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected Person shall have the right, personally or by a representative, to give testimony orally and/or in writing, subject to reasonable rules of procedure established by the party conducting the hearing to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected Person shall be notified of the decision in the same manner in which notice of the hearing was given. Any Owner or Eligible First Mortgagee having a right to notice and hearing shall have the right to appeal to the Board of Directors from a decision of a proposing party other than the Board of Directors by filing a written notice of appeal with the Board of Directors within ten (10) days after being notified of the decision. The Board of Directors shall conduct a hearing within forty-five (45) days, giving the same notice and observing the same procedures as were required for the original hearing. Section 7.06 Payments to Working Capital Account. In order to provide the Association with adequate working capital funds, the Association may collect from purchasers, at the time of the initial sale by Declarant of each Lot, an amount not to exceed three (3) months' worth of annual Assessments based on the Association's Budget in effect at the time of the conveyance. Such payments to this fund shall not be considered advance payments of annual Assessments. ARTICLE VIII ASSESSMENTS Section 8.01 Covenant of Personal Obligation for Assessments. Declarant, by creating the Lots pursuant to this Declaration, and all other Owners, by acceptance of the Deed or other instrument of transfer of such Owner's Lot (whether or not it shall be so expressed in such Deed or other instrument of transfer), are deemed to personally covenant and agree with all other Owners and with the Association, and hereby do so covenant and agree to pay to the Association the (a) annual Assessments, (b) special Assessments, and (c) Default Assessments applicable to the Owner's Lot. No Owner may waive or otherwise escape personal liability for the payment of the Assessments provided for in this Declaration by not using the Common Elements or the facilities located on or in the Common Elements or by abandoning or leasi.ng such Owner's Lot. Section 8.02 Lien for Assessments; Assignment of Rents. All Assessments (including installments of the Assessments) arising under the provisions of the Project Documents shall be burdens running with, and a perpetual lien in favor of the Association upon, the specific Lot to which such Assessments apply. To further evidence such lien upon a specific Lot, the Association may prepare a written lien notice setting forth the description of the Lot, the amount of Assessments on the Lot unpaid as of the date of such lien notice, the rate of default interest as set by the Rules and Regulations, the name of the Owner or Owners, and any and all other information that the Association may deem proper. The lien notice shall be signed by a member of the Board of Directors, an officer of the Association, or the Managing Agent and shall be recorded in the Records. Any such lien notice shall not constitute a condition precedent or delay the attachment of the lien, but such lien is a perpetual lien upon the Lot and attaches without notice at the beginning of the first day of any period for which any Assessment is levied. Upon any default in the payment of any Assessments, the Association shall also have the right to appoint a receiver to collect all rents, profits, or other income from the Lot payable to the Owner and to apply all such rents, profits, and income to the payment of delinquent Assessments. Each Owner, by ownership of a Lot, agrees to the assignment of such rents, profits and income to the Association effective immediately upon any default in the payment of annual, special, or Default Assessments. Section 8.03 Annual Assessments. The Association shall levy annual Assessments to pay for the Common Expense Liability allocated to each Lot pursuant to this Declaration. The total annual Assessments shall be based upon the Budget. Any surplus funds of the Association remaining after payment of or provision for Common Expenses and after any prepayment of or provision for reserves, as determined by the Board of Directors, shall be refunded to the Owners in proportion to their Common Expense Liability or credited to them to reduce their future Assessments for Common Expenses, as determined by the Board of Directors in its discretion. Section 8.04 Apportionment of Annual Assessments. The total annual Assessments for any fiscal year of the Association shall be assessed to the Lots in proportion to their percentage of Common Expense Liability as allocated pursuant to Section 4.02, subject to: (a) Common Expenses which are separately metered or assessed to the Lots by third parties or pursuant to service agreements with third parties; (b) General Common Expenses shall be assessed against each Lot as set forth on Exhibit B; (c) Subassociation Common Expenses shall be assessed against each Lot within the relevant Subassociation as set forth on Exhibit B; (d) Common Expenses associated with the operation, maintenance, repair or replacement of Limited Common Elements, which shall be assessed equally or on such other equitable basis as the Board of Directors shall determine to the Lots to which the specific Limited Common Elements are appurtenant; (e) Common Expenses or portions thereof (including Subassociation Common Expenses) benefiting fewer than all of the Lots which shall be assessed exclusively against the Lots benefited, and Common Expenses or portions thereof which benefit certain Lots more than others which shall be allocated in proportion to such benefit; (f) any increased cost of insurance based upon risk which shall be assessed to Lots in proportion to the risk; (g) any Common Expense caused by the misconduct of any Owner(s) or their Occupants, which may be assessed exclusively or on such other equitable basis as the Board of Directors shall determine against such Owner(s); and (h) any expenses which are otherwise charged equally to the Lots. All such allocations of Common Expense Liability to the Lots on a basis other than the Lots' percentage of Common Expense Liability shall be determined by the Board of Directors, by the members of the Board of Directors elected by the Owners of a Subassociation, as applicable. Section 8.05 Special Assessments. In addition to the annual Assessments authorized above, the Board of Directors may at any time and from time to time determine, levy, and assess in any fiscal year a special Assessment applicable to that particular fiscal year (and for any such longer period as the Board of Directors may determine) for the purpose of defraying, in whole or in part, the unbudgeted costs, fees, and expenses of any construction, reconstruction, repair, demolishing, replacement, renovation or maintenance of the Project, specifically including any fixtures and personal property related to it and any other unbudgeted or unanticipated costs of the Association. Any amounts determined, levied, and assessed pursuant to this Declaration shall be assessed to the Lots pursuant to the provisions in Section 6.03, Section 8.02 and Section 8.03 above. In the avoidance of doubt, costs, fees and expenses for work on only Lots within a Subassociation shall be borne only by such Owners. Costs, fees and expenses for work on only Subassociation Common Elements shall be borne by the Owners within the Subassociation only in accordance with their Allocated Interests for Subassociation Common Expenses. Section 8.06 Due Dates for Assessment Payments. Unless otherwise determined by the Board of Directors, the Assessments which are to be paid in installments shall be paid quarterly in advance and shall be due and payable to the Association at its office or as the Board of Directors may otherwise direct in any Management Agreement, without notice (except for the initial notice of any special Assessment), on the date and in the installments determined by the Board of Directors, as set forth in the Rules and Regulations. The Board of Directors may establish different installments for different types of Lots or for Owners of multiple Lots of any type. If any such installment shall not be paid when due and payable, then the Board of Directors may assess a late charge, default interest charges (not to exceed the rate from time to time allowed by Section 38-33.3-315 of the Act or other Applicable Law), fee, or such other charge as the Board of Directors may fix by rule from time to time to cover the extra expenses involved in handling such delinquent Assessment installment. An Owner's Assessment shall be prorated if the ownership of a Lot commences or terminates on a day other than the first day or last day, respectively, of the applicable payment period. However, if the Common Expense Liability is re-allocated in accordance with this Declaration, any installment(s) of an Assessment not yet due shall be recalculated to reflect the re-allocated Common Expense Liability. Section 8.07 Default Assessments. All Costs of Enforcement assessed against an Owner pursuant to the Project Documents, any Fines, and any expense of the Association which is the obligation of an Owner pursuant to the Project Documents and is not paid when due shall become a Default Assessment assessed against the Owner's Lot. Section 8.08 Remedies for Nonpayment of Assessments. If any Assessment (or any installment of the Assessment) is not fully paid when due, then as often as the same may happen, default interest, late charges, and Costs of Enforcement will accrue as set forth in the Rules and Regulations. In addition, if any Assessment (or any installment of the Assessment) is not fully paid within thirty (30) days after the same becomes due and payable, then as often as the same may happen, (a) the Association may declare due and payable all unpaid installments of the annual Assessment or any special Assessment otherwise due during the fiscal year during which such default occurred, (b) the Association may thereafter bring an action at law or in equity, or both, against any Owner personally obligated to pay the same, (c) the Association may proceed to foreclose its lien pursuant to the power of sale granted to the Association by this Declaration or in the manner and form provided by Colorado law for foreclosure of real estate mortgages, (d) the Association may suspend the Owner's right to vote in Association matters until the Assessment is paid, and (e) the Association may pursue any other remedies available pursuant to the Project Documents or Applicable Law. An action at law or in equity by the Association (or counterclaims or cross- claims for such relief in any action) against an Owner to recover a money judgment for unpaid Assessments (or any installment thereof) may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien for the Assessments. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from again foreclosing or attempting to foreclose its lien for any subsequent Assessments (or installments thereof) which are not fully paid when due or for any subsequent Default Assessments. The Association shall have the power and right to bid in or purchase any Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, and to convey, or otherwise deal with the Lot acquired in such proceedings. Section 8.09 Purchaser's Liability for Assessments. Notwithstanding the personal obligation of each Owner to pay all Assessments on the Lot, and notwithstanding the Association's perpetual lien upon a Lot for such Assessments, all purchasers of a Lot shall be liable with the prior Owner(s) of such Lot for any and all unpaid Assessments against such Lot, without prejudice to any such purchaser's right to recover from any prior Owner any amounts paid thereon by such purchaser. A purchaser's obligation to pay Assessments shall commence upon the date the purchaser becomes the Owner. For Assessment purposes, the date a purchaser becomes the Owner shall be determined as follows: (a) in the event of a conveyance or transfer by foreclosure, the date a purchaser becomes the Owner shall be deemed to be upon the expiration of all applicable redemption periods; (b) in the event of a conveyance or transfer by deed in lieu of foreclosure a purchaser shall be deemed to become the Owner of the Lot upon the execution and delivery of the deed or other instruments conveying or transferring title to the Lot, irrespective of the date the deed is recorded; and (c) in the event of conveyance or transfer by Deed, a purchaser shall be deemed to become the Owner upon the execution and delivery of the Deed or other instruments conveying or transferring title of the Lot, irrespective of the date the Deed is recorded. However, such purchaser shall be entitled to rely upon the existence and status of unpaid Assessments as shown upon any certificate issued by or on behalf of the Association to such named purchaser pursuant to the provisions of this Declaration. Section 8.10 Waiver of Homestead Exemption; Subordination of Association's Lien for Assessments. By acceptance of the Deed or other instrument of transfer of a Lot, each Owner irrevocably waives the homestead exemption provided by Part 2, Article 41, Title 38, Colorado Revised Statutes, as amended. The Association's perpetual lien on a Lot for Assessments shall be superior to all other liens and encumbrances except the following: (a) real property ad valorem taxes and special assessment liens duly imposed by a Colorado governmental or political subdivision or special taxing Subassociation, or any other liens made superior by statute; (b) liens recorded prior to this Declaration unless otherwise agreed by the parties thereto; (c) the lien of any First Mortgagee except to the extent the Act grants priority for Assessments to the Association. Any First Mortgagee who acquires title to a Lot by virtue of foreclosing a First Mortgage or by virtue of a Deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the First Mortgage, will take the Lot free of any claims for unpaid Assessments and Costs of Enforcement against the Lot which accrue prior to the time such First Mortgagee acquires title to the Lot except to the extent the amount of the extinguished lien may be reallocated and assessed to all Lots as a Common Expense and except to the extent the Act grants lien priority for Assessments to the Association. All other Persons not holding liens described in this Section and obtaining a lien or encumbrance on any Lot after the recording of this Declaration shall be deemed to consent that any such lien or encumbrance shall be subordinate and inferior to the Association's lien for Assessments and Costs of Enforcement as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. The sale or other transfer of any Lot shall not affect the Association's lien on such Lot for Assessments due and owing prior to the time such purchaser acquired title and shall not affect the personal liability of each Owner who shall have been responsible for the payment thereof except (a) as provided above with respect to First Mortgagees, (b) in the case of foreclosure of any lien enumerated in this Section, and (c) as provided in the next Section. Further, no such sale or transfer shall relieve the purchaser of a Lot from liability for, or the Lot from the lien of, any Assessments made after the sale or transfer. Section 8.11 Statement of Status of Assessments. Within fourteen (14) calendar days after receipt of written notice to the Managing Agent or, in the absence of a Managing Agent, to the Board of Directors and payment of a reasonable fee set from time to time by the Board of Directors as set forth in the Rules and Regulations, any Owner, holder of a Security Interest, prospective purchaser of a Lot or their designees shall be furnished a statement of the Owner's account setting forth: (a) the amount of any unpaid Assessments then existing against a particular Lot; (b) the amount of the current installments of the annual Assessment and the date that the next installment is due and payable; (c) the date(s) for payment of any installments of any special Assessments outstanding against the Lot; and (d) any other information, deemed proper by the Association, including the amount of any delinquent Assessments created or imposed under the terms of this Declaration. Upon the issuance of such a certificate signed by a member of the Board of Directors, by an officer of the Association, or by a Managing Agent, the information contained therein shall be conclusive upon the Association as to the Person or Persons to whom such certificate is addressed and who rely on the certificate in good faith. Section 8.12 Liens. Except for Assessment liens as provided in this Declaration, mechanics' liens (except as prohibited by this Declaration), tax liens, judgment liens and other liens validly arising by operation of law, and liens arising under Security Interests, there shall be no other liens obtainable against the Common Elements or against the interest of any Owner in the Common Elements (except a Security Interest in the Common Elements that may be granted by the Association pursuant to the requirements of the Act). ARTICLE IX MECHANICS' LIENS Section 9.01 Mechanics' Liens. Subsequent to recording of this Declaration and the filing of the Map in the Records, no labor performed or materials furnished for use and incorporated in any Lot with the consent of or at the request of the Owner or the Owner's agent, contractor or subcontractor, shall be the basis for the filing of a lien against a Lot of any other Owner not expressly consenting to or requesting the same, or against any interest in the Common Elements except as to the undivided interest therein appurtenant to the Lot of the Owner for whom such labor shall have been performed or such materials shall have been furnished. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against any liability or loss arising from the claim of any mechanics' lien or for labor performed or for materials furnished in work on such Owner's Lot, against the Lot of another Owner or against the Common Elements, or any part thereof. Section 9.02 Enforcement by the Association. At its own initiative or upon the written request of any Owner, if the Association determines that further action by the Association is proper, the Association shall enforce the indemnity provided by the provisions of this ARTICLE XI by collecting from the Owner of the Lot on which the labor was performed or materials furnished the amount necessary to discharge by bond or othe1wise any such mechanics' lien, to pay all costs and reasonable attorneys' fees incidental to the lien, and to obtain a release of such lien. If the Owner of the Lot on which the labor was performed or materials furnished refuses or fails to indemnify within five (5) days after the Association shall have given notice to such Owner of the total amount of the claim, then the failure to so indemnify shall be a default by such Owner under the provisions of this ARTICLE XI, and such amount to be indemnified shall automatically become a Default Assessment determined and levied against such Lot, and enforceable by the Association pursuant to this Declaration. ARTICLE X EASEMENTS Section 10.01 Easement of Enjoyment; Common Elements. Every Owner shall have a perpetual non-exclusive right and easement for the use and enjoyment of, and for access over, across, and upon, any portion of the Common Elements designated for common use, which includes the benefit of a non-exclusive easement of access over, across and upon the Common Elements for the purpose of access to and from the Lot from public ways for both pedestrian and, where appropriate, vehicular travel, which right and easement shall be appurtenant to and pass with the transfer of title to such Lot; provided, however, that such right and easement shall be subject to the following: (a) the covenants, conditions, restrictions, easements, reservations, rights-of-way, and other provisions contained in this Declaration, and the Map; (b) the right of the Association from time to time to assign on an equitable basis portions of the Common Elements such as parking spaces or storage for the exclusive use of the Owner of a particular Lot by a resolution of the Board or other appropriate written instrument; (c) the right of the Association to adopt, from time to time, Rules and Regulations concerning vehicular traffic and travel upon, in, under, and across the Project; (d) the right of the Association to adopt, from time to time, such Rules and Regulations concerning the Project as the Association may determine are necessary or prudent for the management, preservation, safety, control, orderly operation, or use of the Project for the benefit of all Owners; and (e) the agreement of all Owners, pursuant to this Declaration, to use reasonable and good faith efforts not to interfere with the use and enjoyment of other Owners of the Common Elements and such other Owners' respective Lots. Section 10.02 Easement of Enjoyment; Limited Common Elements. Subject to the provisions of this Declaration and the Rules and Regulations, every Owner shall have the right to use and enjoy the Limited Common Elements appurtenant to such Owner's Lot. Section 10.03 Easement of Enjoyment; Subassociation Common Elements. Subject to the provisions of this Declaration and the Rules and Regulations, every Owner within the relevant Subassociation shall have the right to use and enjoy the Subassociation Common Elements appurtenant to such Subassociation. Section 10.04 Delegation of Use. Any Owner may delegate, in accordance with the Project Documents, the Owner's right of enjoyment in the Common Elements to an Occupant of the Owner's Lot. Section 10.05 Recorded Easements. The Property shall be subject to any easements as shown on any recorded plat affecting the Property, as shown on the recorded Map, or as reserved or granted under this Declaration. The recording data for recorded easements and licenses appurtenant to or included in the Property as of the date of this Declaration is set forth on Exhibit C attached hereto and incorporated herein by this reference. Section 10.06 Easements for Encroachments. The Project, and all portions of it, is subject to easements hereby created for encroachments between Lots and the Common Elements as follows: (a) in favor of all Owners, so that they shall have no legal liability when any part of the Common Elements encroaches upon a Lot; (b) in favor of each Owner, so that the Owner shall have no legal liability when any part of such Owner's Lot encroaches upon the Common Elements or upon another Lot; and (c) in favor of all Owners, the Association, and the Owner of any encroaching Lot for the maintenance and repair of such encroachments. Encroachments referred to in this Section 10.06 include, but are not limited to, encroachments caused by error or variance from the original plans in the construction of the Improvements or any Lot constructed on the Property, by error in the Map, by settling, rising, or shifting of the earth, or by changes in position caused by repair or reconstruction of any part of the Project. Such encroachments shall not be considered to be encumbrances upon any part of the Project; provided, however, that encroachments created by the intentional act of an Owner shall not be deemed to create an easement on the Property and shall be considered an encroachment upon the Project. Such encroachment shall be removed at Owner's expense immediately upon notice from the Association. In the event such encroachment is not timely removed, the Association may effect removal of the encroachment and the expense thereof shall be a Default Assessment to the Owner. Section 10.07 Utility Easements. There is hereby created a general non-exclusive easement upon, across, over, in, and under all of the Lots and Common Elements for the purpose of installation, replacement, repair, and maintenance of all utilities and services for the Owners, including but not limited to water, sewer, gas, telephone, electricity, security systems, cable television, cable, and other communication systems, and for ingress and egress in connection therewith. By virtue of this easement, it shall be expressly permissible and proper for the companies providing such utilities to erect and maintain the necessary equipment on the Common Elements and to affix and maintain electrical, communications, and telephone wires, circuits, and conduits under the Property. Any utility or service company using this general easement shall (i) use its best efforts to install and maintain the utilities provided without disturbing the uses of other utilities, the Owners, the Association, or Declarant; (ii) complete its installation and maintenance activities as promptly as reasonably possible; and (iii) restore the surface to its original condition as soon as possible after completion of its work. Should any utility or service company furnishing a service covered by this general easement request a specific easement by separate recordable document, Declarant and the Association (subject to Declarant's approval during the Period of Declarant Control), shall each have the right and authority, but not the obligation, to grant such easement upon, across, over, or under any part or all of the Property without conflicting with the terms hereof. The easements provided for in this Section shall in no way void, extinguish, or modify any other recorded easement on the Property. Section 10.08 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency agencies or Persons to enter upon the Property in the proper performance of their duties. Section 10.09 Maintenance Easement. An easement is hereby granted to the Association and any Managing Agent and their respective officers, agents, employees and assigns upon, across, over, in, and under the Common Elements and a right to make such use of the Common Elements as may be necessary or appropriate to perform the duties and functions which they are obligated or permitted to perform pursuant to this Declaration. Section 10.10 Easements of Access for Repair, Maintenance, and Emergencies. Some of the Common Elements are or may be located within the Lots or may be conveniently accessible only through the Lots. The Owners and the Association shall have the irrevocable right, to be exercised by the Association as the Owners' agent, to have access to each Lot and to all Common Elements from time to time during such reasonable hours as may be necessary for the maintenance, repair, removal, or replacement of any of the Common Elements therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Elements or to any Lot. Unless caused by the negligent or willful act or omission of an Owner or Occupant, damage to the interior of any part of a Lot resulting from the maintenance, repair, emergency repair, removal, or replacement of any of the Common Elements or as a result of emergency repair within another Lot at the instance of the Association or of the Owners shall be a Common Expense. In order to effectuate this right, the Association shall retain a pass key or other access device to each Lot and an Owner shall not change the exterior lock or other access system on its Lot without the Board's prior written consent and providing the Association with a replacement key or access device to accommodate the new lock or other access system. Section 10.11 Easements Deemed Created. All conveyances of Lots hereafter made, whether by Declarant or otherwise, shall be construed to grant and reserve the easements contained in this ARTICLE X, even though no specific reference to such easements or to this ARTICLE X appears in the instrument for such conveyance. Section 10.12 Open Space. With respect to the areas designated as “Open Space” on Map or any supplement thereto, title shall be conveyed to the Association upon recording of the Map or any supplement thereto. Open Spaces shall thereafter be considered a General Common Element, and there is hereby created, granted and reserved for the use and benefit of the Association, Owners, and the Occupants of Lots, a perpetual, non-exclusive easement over, upon and across Open Spaces. Open Spaces may be used and enjoyed for passive recreational purposes, and shall be improved and sustained by the Association. Section 10.13 Additional Easements. In the event an additional easement is reasonably requested by an Owner or the Association for purposes consistent with the intent of this Declaration, each Owner and the Association, as applicable, will act reasonably and in good faith in evaluating the request and will not unreasonably withhold its consent to the granting of any such easement. ARTICLE XI SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 11.01 Special Declarant Rights. Declarant hereby reserves the right, from time to time, to perform the acts and exercise the rights hereinafter specified (the "Special Declarant Rights"). Declarant's Special Declarant Rights include the following: (a) Completion of Improvements. The right to complete Improvements indicated on the Plat. (b) Easements. The right to create and grant easements through the Common Elements to any party for any purpose including, without limitation, for purposes of (i) making Improvements within the Project, and/or (ii) the construction and development of Real Estate which may be added to the Project. (f) Subassociation(s). The right to create one or more subassociations to govern particular types of Lots, including the right to record additional declarations applicable thereto. (g) Control of Association and Board of Directors. During the Period of Declarant Control, the right to appoint or remove any officer of the Association or any member of the Board of Directors appointed by Declarant. (h) Amendment of Declaration. The right to amend this Declaration in connection with the exercise of any Development Rights. (i) Amendment of Plat. The right to amend the Plat in connection with the exercise of any Development Rights. Section 11.02 Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 11.01 above, Declarant also reserves the following additional rights (the "Additional Reserved Rights"): (a) Dedications. The right to establish, from time to time, by grant, dedication or otherwise, utility and other easements for purposes including but not limited to streets, paths, walkways, tramways, drainage, recreation areas, parking areas, driveways, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions for the benefit of and to serve the Owners within the Project. (b) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of parking and/or recreational facilities, which may or may not be a part of the Project, for the benefit of the Owners and/or the Association. (c) Easement Rights. The right to grant easements in, on, over or through the Common Elements to any third party for the development or improvement of the Property or other Real Estate, as determined by Declarant. Section 11.03 Limitations on Special Declarant Rights and Additional Reserved Rights. Special Declarant Rights and Additional Reserved Rights may be exercised at any time during the period described below in this Section unless sooner terminated (i) by an amendment to this Declaration executed by Declarant; (ii) pursuant to a specific provision for earlier termination set forth above; or (iii) if and to the extent otherwise required under the Act. Any Special Declarant Right or Additional Reserved Rights may be exercised by Declarant so long as Declarant (a) is obligated under any warranty or obligation; (b) holds a Development Right; (c) owns any Lot or any interest therein; or (d) holds a Security Interest in any Lot(s); provided, however, all Special Declarant Rights and Additional Reserved Rights shall terminate thirty (30) years after the date of recording this Declaration Section 11.01 Interference with Special Declarant Rights or Additional Reserved Rights. Neither the Association nor any Owner nor any Subassociation may take any action or adopt any rule and/or regulation that will interfere with or diminish any Special Declarant Rights or Additional Reserved Rights without the prior written consent of Declarant. Section 11.02 Rights Transferable. Any Special Declarant Rights or Additional Reserved Right created or reserved under this ARTICLE XI for the benefit of Declarant may be transferred, in whole or in part, to any Person by an instrument expressly describing the rights transferred and recorded in the Records. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE XII INSURANCE Section 12.01 Coverage. Commencing not later than the first conveyance of a Lot to a purchaser and to the extent reasonably available, the Association shall obtain and maintain insurance coverage as set forth in this Article. The Association shall have the power and authority to obtain additional policies or coverages not specified herein in the Board's discretion. If such insurance is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy, or if the Board of Directors determines that any insurance described herein will not be maintained, the Board of Directors shall promptly cause notice of that fact to be delivered to all Owners and Eligible First Mortgagees at their respective last known addresses. (a) Property Insurance. The Association shall maintain property insurance on the Project for special form covered causes of loss (or such equivalent coverage as may hereafter be customarily offered in the insurance industry) in an amount not less than the full insurable replacement cost of the insured property (as determined by the Board of Directors) less applicable deductibles at the time insurance is purchased and at each renewal date, exclusive of land and other items normally excluded from property insurance policies. Co-insurance shall not be permitted. (b) Liability Insurance. The Association shall maintain commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Project, insuring the Board of Directors, the Association, the Managing Agent, and their respective employees, agents and all Persons acting as agents therefor. The Declarant shall be included as an additional named insured in Declarant's capacity as an Owner and member of the Board of Directors. Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership interest in, existence, use or management of the Common Elements or membership in the Association. The insurance shall cover claims of one or more insured parties against the other insured parties. (c) Fidelity Insurance. The Association shall maintain fidelity insurance on all persons who control or disburse funds of the Association. Coverage shall not be less in the aggregate than two months' current annual Assessments plus reserves, as calculated from the current Budget of the Association. Any person employed as an independent contractor by the Association, including the Managing Agent, shall be an insured employee in the policy of fidelity insurance specified above. (d) D&O Coverage. The Association shall maintain directors and officers coverage for members of the Board of Directors and any other parties that the Board of Directors elects to cover by such insurance, which may include, without limitation, the Managing Agent, committee members, volunteers, and Declarant representatives. (e) Other Insurance. The Board of Directors may also procure insurance against such additional risks of a type normally carried with respect to properties of comparable character and use that the Board of Directors deems reasonable and necessary in order to protect the Project, the Association and the Owners. (f) Owners' Policies. Each Owner of a Lot is encouraged to obtain additional insurance at such Owner's own cost for such Owner's own benefit covering all personal property within such Owner's Lot and all Improvements within the interior finished boundaries of such Owner's Lot. All such policies shall contain waivers of subrogation and provide further that the liability of the carriers issuing insurance to the Association hereunder shall not be affected or diminished by reason of any such insurance carried by any Owner. Each Owner waives and releases all claims against the Association to the extent such claim is covered by applicable insurance policies, regardless of whether damage loss or injury arose from the negligence or breach of any agreement by the Association. Each Owner acknowledges that insurance obtained by the Association does not obviate the need for an Owner to obtain separate insurance for such Owner's benefit. Each Owner may also obtain general liability insurance at such Owner's own cost for such Owner's own benefit covering operations and activities within such Owner's Lot. Such coverage may also extend to cover any legal liability imposed on an Owner due to such Owner's interest in the Common Elements. Section 12.02 Required Provisions. All insurance policies carried by the Association pursuant to the requirements of this ARTICLE must provide that: (a) each Owner and each Eligible First Mortgagee is an insured Person under the policy with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association; (b) the insurer waives its rights to subrogation under the policy against any Owner or member of an Owner's household; (c) no act or omission by any Owner or Eligible First Mortgagee, unless acting within the scope of such Owner's authority on behalf of the Association, if any, will void the policy or be a condition to recovery under the policy; (d) if, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the risks covered by the policy (other than an Owner's policy covering such Owner's personal property), the Association's policy provides primary insurance; (e) any loss covered by the policies must be adjusted with the Association; (f) the insurance proceeds for any loss shall be payable to an insurance trustee designated for that purpose, or otherwise to the Association and not to any holder of a Security Interest; (g) the insurer shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner or holder of a Security Interest; and (h) the insurer issuing the policy may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non-renewal has been delivered to the Association and any Owner(s) and holder(s) of Security Interests to whom a certificate or memorandum of insurance has been issued at their respective last known addresses. Section 12.03 Claims by Owner. An Owner may file a claim against the policy of the Association to the same extent, and with the same effect, as if the Owner were a named insured if the following conditions are met: (a) the Owner has contacted the Board of Directors or Managing Agent in writing, and in accordance with any applicable association policies or procedures for owner-initiated insurance claims, regarding the subject matter of the claim, (b) the Owner has given the Association at least fifteen (15) days to respond in writing, and, if so requested, has given the Association's agent a reasonable opportunity to inspect the damage; and (c) the subject matter of the claim falls within the Association's insurance responsibilities. The Association's insurer, when determining premiums to be charged to the Association, shall not take into account any request by an Owner for a clarification of coverage. Section 12.04 Adjustment of Claims. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles a property insurance claim, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all deductibles paid by the Association. In the event more than one Lot is damaged by a loss, the Association, in its reasonable discretion, may assess each Owner a pro rata share of any deductible paid by the Association. Section 12.05 Copies of Policies. A copy of each insurance policy obtained by the Association shall be made available for inspection by any Owner at reasonable times. ARTICLE XIII RESTORATION UPON DAMAGE OR DESTRUCTION Section 13.01 Duty to Restore. Any portion of the Project, for which the Association is required to carry insurance under the Act, or for which insurance carried by the Association is in effect, that is damaged or destroyed must be repaired or replaced promptly by the Association unless: (a) the Project is terminated; (b) repair or replacement would be illegal under Applicable Law or prohibited under the Project Documents; (c) sixty-seven percent (67%) of the actual Total Voting Power of the Owners vote not to rebuild (unless a lesser percentage is required by Applicable Law and cannot be varied by Agreement, in which case such lesser percentage shall apply but such lesser percentage shall be required to include the vote not to rebuild of every Owner of a Lot or Limited Common Element that will not be rebuilt; or (d) prior to the conveyance of any Lot to a purchaser, the holder of a Security Interest on the damaged portion of the Project rightfully demands all or a substantial part of the insurance proceeds. In the event the Project is not repaired or replaced as allowed by Subsections (a), (b) and (c) above, then the Real Estate in the Project shall be sold and the proceeds distributed pursuant to the procedures provided for in the Act for termination of condominium projects. Section 13.02 Cost. The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. Section 13.03 Plans. The Property must be repaired and restored in accordance with either the original plans and specifications or other plans and specifications which have been approved by the Board of Directors and any percentage of Owners required to approve the same under the Act. Section 13.04 Replacement of Less Than Entire Property. If only a portion of the Project (rather than the entire Project) is repaired or replaced, the insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Project and any remaining proceeds (after any other distribution required by Applicable Law) shall be distributed or credited as follows: (a) the insurance proceeds attributable to a Lot and Limited Common Elements that are not rebuilt must first be distributed or credited to the Owner(s) of the Lot and to the Owner(s) of the Lot to which the Limited Common Elements were allocated, or to holders of Security Interests, as their interests may appear; (b) the remainder of the proceeds must be distributed or credited to each Owner or holder of a Security Interest, as their interests may appear, in proportion to the Allocated Interests in the Common Elements of all the Lots; and (c) if the Owners vote not to rebuild a Lot, the Allocated Interests of the Lot shall be reallocated as if the Lot had been condemned, and the Association promptly shall prepare, execute and record an amendment to this Declaration reflecting the reallocation. Section 13.05 Insurance Proceeds. The insurance trustee, or if there is no insurance trustee, then the Board of Directors, acting by the President, shall hold any insurance proceeds in trust for the Association, Owners and holders of Security Interests as their interest may appear. Subject to the provisions of the Sections above, the proceeds shall be disbursed first for the repair or restoration of the damaged Property, and the Association, Owners and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Property has been completely repaired or restored, or the Project is terminated, in which event the surplus proceeds will be distributed as provided in this Declaration and the Act. Except to the extent otherwise required by the Act, no provision of the Project Documents shall be construed to grant to any Owner, any priority over any rights of any First Mortgagees pursuant to the terms of their Security Interests in the case of the distribution to Owners of insurance proceeds for losses to Lots and/or the Common Elements or any portions thereof. Section 13.06 Certificates by the Board of Directors. The insurance trustee, if any, may rely on the following certifications in writing made by the Board of Directors: (a) whether or not damaged or destroyed Property is to be repaired or restored; and (b) the amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid. Section 13.07 Certificates by Attorneys or Title Insurance Companies. If payments are to be made to Owners or holders of Security Interests, the Board of Directors, and the insurance trustee, if any, shall obtain and may rely on a title insurance company or attorney's ce1tificate of title or a title insurance policy based on a search of the Records from the date of recording of this Declaration stating the names of the Owners and the holders of Security Interest. ARTICLE XIV CONDEMNATION If all or part of the Project is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with the provisions on eminent domain in the Act. ARTICLE XV MORTGAGEE PROTECTIONS Section 15.01 Introduction. This ARTICLE establishes certain standards and covenants which are for the benefit of Eligible First Mortgagees. This ARTICLE is supplemental to, and not in substitution for, any other provisions of this Declaration, but in the case of any conflict, this Article shall control. To the extent permitted under Colorado law and as applicable, necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws and Rules and Regulations of the Association. Section 15.02 Percentage of First Mortgagees. Unless specifically provided otherwise, wherever in this Declaration the approval or consent of a specified percentage of Eligible First Mortgagees is required, it shall mean the approval or consent of the stated percentage of the voting power of Eligible First Mortgagees. Each Eligible First Mortgagee shall be entitled to the same voting power as allocated to the encumbered Lot. Section 15.03 Notice of Actions. Any First Mortgagee and any Agency which holds, insures or guarantees a First Mortgage, upon written request to the Association (which shall include the Agency's name and address and Lot number), will be entitled to timely written notice of: (a) any condemnation loss or any casualty loss which affects a material portion of the Common Elements or any Lot in which an interest is held by the Eligible First Mortgagee; (b) if requested by such Eligible First Mortgagee, any delinquency in the payment of Assessments which remains uncured for sixty (60) days by an Owner whose Lot is encumbered by a Security Interest held by such Eligible First Mortgagee; (c) any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of Eligible First Mortgagees as set forth in this Article; (e) any judgment rendered against the Association having a material effect on the ability of the Association to perform its obligations herewith; and (f) if requested by such Eligible First Mortgagee, a copy of any financial statement of the Association. Section 15.04 Consent Required. The Association may not take any of the following actions, except as such rights have been specifically reserved by Declarant under the provisions of this Declaration, without the consent of sixty-seven percent (67%) of the Eligible First Mortgagees: (a) sale, conveyance or encumbrance of the Common Elements (provided, however, that the granting of easements for public utilities, for construction and maintenance of roads within the Project, or for other purposes provided for in this Declaration will not be deemed a transfer within the meaning of this clause); (b) restoration or repair of the Project (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; (c) termination of this Declaration for reasons other than substantial destruction or condemnation, subject to the approval percentages required for such termination; (d) merger of the Project with any other common interest community; or (e) any decision not to repair or to replace the Common Elements when repair or replacement is othe1wise required under this Declaration. Section 15.05 Notice of Objection. Unless an Eligible First Mortgagee provides the Secretary of the Association with written notice of its objection, if any, to any proposed action requiring the approval of Eligible First Mm1gagees within sixty (60) days following the receipt of notice of such proposed action, the Eligible First Mortgagee will be deemed conclusively to have consented to or approved the proposed amendment or action. Section 15.06 First Mortgagees' Rights. (a) Advances. First Mortgagees, jointly or singly, may pay taxes or other charges which are in default and which may or have become a charge against any of the Common Elements or improvements thereon, and may pay overdue premiums on hazard insurance policies for the Common Elements. First Mortgagees making such payments shall be owed immediate reimbursement from the Association. (b) Cure Rights. First Mortgagees shall be entitled to cure any delinquency of the Owner of a Lot encumbered by a First Mortgage in the payment of Assessments. In that event, the First Mortgagee shall be entitled to obtain a release from the lien imposed or perfected by reason of such delinquency. In addition, First Mortgagees of Declarant shall be entitled to cure, following written notice, any violation, breach of, or failure to comply with any provision of the Project Documents by Declarant before the Association or its Managing Agent may exercise remedies against the Declarant or the Declarant's Lots. Section 15.07 Limitations on First Mortgagee’s Rights. No requirement for approval or consent by a First Mortgagee provided in this ARTICLE shall operate to: (a) deny or delegate control over the general administrative affairs of the Association by the Owners or the Board of Directors; or (b) prevent the Association or Board of Directors from commencing, intervening and/or settling any legal proceeding. Section 15.08 Reserved Declarant Rights. No provision or requirement of this ARTICLE XIX shall apply to or contravene any Reserved Declarant Rights reserved to Declarant in this Declaration. Section 15.09 Lien Protection for Mortgages. Except as set forth in the Act or as required by other Applicable Law, no violation or breach of or failure to comply with any provision of the Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any Security Interest taken in good faith or for value and perfected by recording in the Records, nor shall such violation, breach, failure to comply or action to enforce affect, defeat, render invalid or impair the title or interest of the holder of any such Security Interest or the title or interest acquired by any purchaser upon foreclosure of any such Security Interest or other lien. Section 15.10 Audited Financial Statement. Upon written request from any Agency or First Mortgagee which has an interest or prospective interest in any Lot or the Project, the Association shall prepare and furnish within ninety days an audited financial statement of the Association for the immediately preceding fiscal year at the at the expense of such First Mortgagee. ARTICLE XVI DISPUTE RESOLUTION Section 16.01 Mediation of Disputes between Owners and Association. (a) Prior to pursuing any of the enforcement proceedings set forth below, any disputes between the Association and one or more Owners shall be submitted to non-binding mediation. Such mediation shall be conducted by the Judicial Arbiter Group ("JAG") in Denver, Colorado, pursuant to the mediation standards established by JAG. Such mediation shall be governed by the laws of the State of Colorado. The parties shall select a mediator and shall conduct and complete the mediation within 45 days after the date JAG is first contacted by either party. Notwithstanding anything to the contrary set forth herein, the mediator shall not have the authority to impose a settlement on the parties. (b) If the mediation provided for in Section 16.01(a) does not result in a settlement of such dispute between the Association and one or more Owners, the following enforcement provisions shall apply: (i) Enforcement of the terms and conditions of this Declaration with respect to the Association or the Common Elements shall be enforceable by any Owner by a proceeding for injunctive relief. (ii) Enforcement of the terms and conditions of this Declaration with respect to an Owner or a Lot shall be enforceable by Declarant or by the Association by: (A) a proceeding for injunctive relief; (B) a suit or action to recover damages; and/or (C) in the discretion of the Association, for so long as any Owner fails to comply with any such provisions, exclusion of such Owner and its Occupants from the use of any Common Elements and from participation in any Association affairs. (c) By acceptance of a deed to a Lot, an Owner agrees to be bound by the terms and conditions of this Declaration. In addition to all other remedies provided to the Association in this Declaration, if an Owner fails to perform or observe any covenant or condition to be performed or observed by such Owner under this Declaration or any other Association Document, the Association shall have the following special rights and remedies: (d) The Association may, but is not obligated to, cure such failure to comply at the Owner's sole cost and expense. If the Association cures any such failure to comply, the Owner shall pay to the Association the amount of all costs incurred by the Association in connection therewith within 30 days after the Owner receives a written notice of a Default Assessment therefor from the Association. (e) The Association may, after notice and opportunity to be heard, fine the Owner, as a Default Assessment, an amount not to exceed $100 per day that such violation remains uncured for each violation. The Owner shall pay any such fine to the Association within 30 days after the Owner receives written notice of a Default Assessment therefor from the Association. (f) With respect to an Owner's failure to pay an installment of any Assessment, the Association may accelerate the due date for the payment of the full amount of the Assessment. (g) The Association shall have all other rights and remedies available to it under this Declaration, at law or in equity. (h) Notwithstanding anything to the contrary contained in this Declaration, any sums paid to the Association by an Owner shall be applied in the following order: first, to costs incurred by the Association to collect outstanding unpaid sums due to the Association; second, to satisfy any outstanding Default Assessments or other fines; third, to satisfy any outstanding interest accrued on any assessed but unpaid Assessments; and fourth, to satisfy any assessed but unpaid Assessments other than Default Assessments. (i) All rights and remedies of the Association shall be cumulative and the exercise of one right or remedy shall not preclude the exercise of any other right or remedy. (j) The Association may adopt such Rules and Regulations as the Board of Directors deems necessary or appropriate to administer and enforce the terms and conditions of this Declaration and the other Project Documents. Section 16.02 Attorneys' Fees. In the event of any dispute under or with respect to this Declaration or any other Condominium Document, the prevailing party shall be entitled to recover from the non-prevailing party all of its costs and expenses in connection therewith, including the fees and disbursements of any attorneys, accountants, engineers, appraisers or other professionals engaged by the prevailing party. Section 16.03 Interest. If an Owner fails to pay to the Association any Assessment or other amount due to the Association as and when the same becomes due, the Owner shall pay to the Association interest on such unpaid amount at the rate of 18% per annum, or such other rate as the Board of Directors may establish from time to time, from the due date of such unpaid amount until the date paid. Section 16.04 Nonwaiver. Failure by the Association or any Owner to enforce any covenant, condition, restriction, reservation, easement, assessment, charge, lien or other provision of this Declaration or any other Condominium Document shall in no way be deemed to be a waiver of the right to do so thereafter. ARTICLE XVII DURATION OF COVENANTS; AMENDMENT AND TERMINATION Section 17.01 Term. The covenants, conditions, restrictions, reservations, easements, assessments, charges and liens set forth in this Declaration shall run with and bind the Property until this Declaration is terminated pursuant to the te1ms hereof. Section 17.02 Amendment of Declaration. This Declaration may be amended as follows: (a) General Amendments. Except as otherwise expressly permitted or restricted by this Section and as provided for in ARTICLE XV, this Declaration may be amended by a vote or agreement of a Majority of Owners. To the extent the proposed amendment involves an issue subject to the Subassociation voting, a majority of a quorum of the Owners in the affected Subassociation will also be required, such that the Majority of Owners must include a majority of a quorum of the Owners in such Subassociation. Notwithstanding the foregoing provision, the percentage of the Total Voting Power necessary to amend a specific clause or provision of this Declaration shall not be less than the percentage of affirmative voting power prescribed for action to be taken under that clause or provision. The Association and the Owners may not, while any Reserved Declarant Right exists, amend this Declaration in any matter that restricts or reduces Declarant's rights or increases or expands Declarant's obligations or liabilities hereunder without Declarant's written consent. (b) Permitted Use Amendments. Except to the extent otherwise expressly permitted or required in this Declaration, this Declaration may be amended to change the uses to which any Lot is restricted only by a vote or agreement of Owners holding at least sixty-seven percent (67%) of the Total Voting Power. (c) Allocated Interest Amendments. Except to the extent otherwise expressly permitted or required in this Declaration or under the Act, this Declaration may be amended to increase Reserved Declarant Rights, increase the number of Lots or change the boundaries of any Lot or the Allocated Interests of a Lot only by a vote or agreement of Owners holding at least sixty-seven percent (67%) of the Total Voting Power, including sixty-seven percent (67%) of the voting power allocated to Lots not owned by Declarant. (d) Reserved Amendment Rights. To the extent that this Declaration and the Act expressly permit or require amendments that may be executed by Declarant or by the Association, this Declaration may be amended by amendments executed solely by Declarant or solely by the Association. To the extent not prohibited by the Act, Declarant may execute any amendment required or necessary to comply with Applicable Law and any amendment required or appropriate to comply with the secondary mortgage market or Colorado state regulatory requirements. In the event of an amendment by Declarant in connection with the exercise of the Reserved Declarant Rights pursuant to the terms of this Declaration, recording of such amendments to this Declaration and any associated supplement to the Map in the Records shall automatically: (i) vest in each existing Owner the reallocated Allocated Interests appurtenant to such Owner's Lot; and (ii) vest in each existing holder of a Security Interest a perfected Security Interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. Upon the recording of such an amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Property, as expanded. All conveyances of Lots after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to this Declaration or supplement to the Map. Reference to this Declaration and Map in any instrument shall be deemed to include all amendments to this Declaration and supplements to the Map without specific reference thereto. Section 17.03 Amendment of Other Documents. The Articles of Incorporation and Bylaws may be amended in accordance with the terns of such documents and the Nonprofit Act. The Rules and Regulations may be amended as determined by the Board of Directors. While any Reserved Declarant Right exists, the Project Documents may not be amended in any matter that restricts or reduces Declarant's rights or increases Declarant's obligations or liabilities thereunder without Declarant's written consent. Section 17.04 Execution of Amendments; Expenses. Any amendment shall be prepared, executed and recorded either by Declarant or by an officer of the Association designated for that purpose or, in the absence of a designation, by the President of the Association. All expenses associated with preparing and recording an amendment to this Declaration shall be the sole responsibility of: (a) any Owners desiring an amendment as provided for in this Declaration or the Act; (b) Declarant, to the extent the right to amend this Declaration is reserved to Declarant and exercised by Declarant; or (c) in all other cases by the Association as a Common Expense. Section 17.05 When Modifications Permitted. Notwithstanding the provisions of Section 17.02 above, no amendment or termination of this Declaration shall be effective in any event during the Period of Declarant Control, unless the written approval of Declarant is first obtained. Section 17.06 Recording of Amendments. Any amendment to this Declaration made in accordance with this ARTICLE shall be immediately effective upon the recording of the executed amendment in the Records together with a duly authenticated certificate of Declarant or the Secretary of the Association, as applicable, stating that the required vote of Owners, if any, and required consents of First Mortgagees (and/or Eligible First Mortgagee, as applicable), if any, were obtained and are on file in the office of the Association or were not required to be obtained pursuant to this Declaration or the Act. The amendment must be indexed in the grantee's index in the name of the Project and the Association and in the grantor's index in the name of each Person or entity executing the Amendment. Section 17.07 Rights of Declarant. Notwithstanding anything to the contrary contained herein, and to the extent permitted by the Act, no amendment or modification to, or impairment of any of the rights contained in ARTICLE XI, Section 17.05, this Section nor any provision of this Declaration reserving or creating any Reserved Declarant Right shall be effective or enforceable without the prior consent of Declarant during the longer of the Period of Declarant Control or the period in which Declarant continues to hold Reserved Declarant Rights. Section 17.08 Rights of Eligible First Mortgagees. To the extent allowed by the Act, Eligible First Mortgagees shall have the rights to approve specified action of the Owners or the Association as a condition to the effectiveness of those actions as provided in ARTICLE XV entitled "Mortgagee Protections" in the Act. ARTICLE XVIII MISCELLANEOUS Section 18.01 Enforcement. The provisions of the Act and the provisions of the Project Documents may be enforced by any Person subject to this Declaration through proceedings at law or in equity against any Person subject to this Declaration who has violated or is violating or attempting to violate such provisions, all as more specifically set forth in the Act. Section 18.02 Notices. All notices, demands, or other communications required or permitted to be given hereunder shall be in writing, and any and all such items shall be deemed to have been duly delivered upon personal delivery; upon actual receipt, in the case of notices forwarded by certified mail, return receipt requested, postage prepaid; as of 12:00 Noon on the immediately following business day after deposit with Federal Express or a similar overnight courier service; or as of the third business hour (a business hour being one of the hours from 8:00a.m. to 5:00p.m. on business days) after transmitting by telecopier, facsimile, or electronic mail. Section 18.03 Nonwaiver. Failure by Declarant, the Association, or any Owner or Eligible First Mortgagee to enforce any covenant, condition, restriction, easement, reservation, right-of- way, or other provision contained in the Project Documents shall in no way or event be deemed to be a waiver of the right to do so thereafter. Section 18.04 Severability. The provisions of this Declaration shall be deemed to be independent and severable, and the invalidity of any one or more of the provisions of this Declaration by judgment or court order or decree shall in no way affect the validity or enforceability of any of the other provisions, which provisions shall remain in full force and effect. Any provision which would violate the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall be construed in a manner as to make this Declaration valid and enforceable. Section 18.05 Number and Gender. Unless the context provides or requires to the contrary, the use of the singular herein shall include the plural, the use of the plural shall include the singular, and the use of any gender shall include all genders. Section 18.06 Captions. The captions to the Articles and Sections and the Table of Contents at the beginning of this Declaration are inserted only as a matter of convenience and for reference, and are in no way to be construed to define, limit, or otherwise describe the scope of this Declaration or the intent of any provision of this Declaration. Section 18.07 Conflicts in Legal Documents. In case of conflicts between the provisions in this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control. In case of conflicts in the provisions in the Articles of Incorporation and the Bylaws, the Articles of lncorporation shall control. Section 18.08 Exhibits. All the Exhibits attached to and described in this Declaration are incorporated in this Declaration by this reference. Section 18.09 Choice of Law. This Declaration shall be construed and interpreted in accordance with the laws of the State of Colorado, and specifically, the provisions of the Act and not the general common law (including remedies) of tenancy-in-common. Section 18.10 Third Party Beneficiary. This Declaration is submitted, imposed, and declared solely for the benefit of Declarant, Owners, First Mortgagees, and their respective successors, assigns, heirs, executors, administrators, and personal representatives. No party shall be deemed a third party beneficiary of this Declaration. [Remainder of Page Intentionally Left Blank] Executed as of the ___ day of _________________, 2018. Eastbank, LLC, a Colorado limited liability company By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of ________,2018, by _____________, as Authorized Representative of _____________________________. Witness my hand and official seal. My Commission Expires: MORTGAGEE'S CONSENT The undersigned hereby consents to the execution and recording of the foregoing Declaration and hereby subordinates the lien of its Deed of Trust, dated _________________ and recorded ________________________ at Reception No. ________________ in the records of Garfield County, Colorado, to this Declaration and the effect hereof. Dated: ____________________________________ STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of ________,2018, by _____________, as Authorized Representative of _____________________________. Witness my hand and official seal. My Commission Expires: Exhibit A To Declaration LEGAL DESCRIPTION The Property referred to in the Declaration is described as follows: [ ] Exhibit B to Declaration TABLE OF ALLOCATED INTERESTS FOR MASTER ASSOCIATION Lot No. Percentage Share of General Common Elements Percentage Share of General Common Expenses Votes in the Affairs of Master Association A1 4.17% 4.17% 2.5 A2 4.17% 4.17% 2.5 A3 4.17% 4.17% 2.5 A4 4.17% 4.17% 2.5 B 16.67% 16.67% 10 C1 5.56% 5.56% 3.33 C2 5.56% 5.56% 3.33 C3 5.56% 5.56% 3.33 D 16.67% 16.67% 10 E 16.67% 16.67% 10 F 16.67% 16.67% 10 100% 100% 60 Exhibit C to Declaration EASEMENTS AND LICENSES OF RECORD 1. Any and all unpaid taxes and assessments and any unredeemed tax sales. 2. [Insert Exceptions from Title Commitment] Exhibit J Easement Deed and Agreement For Access Road and Utilities 16-08-25-Easement Agmt-Access Road-Draft-RL.docx EASEMENT DEED AND AGREEMENT FOR ACCESS ROAD AND UTILITIES This Easement Deed and Agreement (“Agreement”) is made and entered into this ____ day of ________________ 2018, by and between Robert Duncan Macgregor, whose address is 710 East Durant Ave., Unit W-6, Aspen, CO 81611 (“Macgregor”), and Eastbank, LLC, a Colorado limited liability company (“Eastbank”), whose address is 710 East Durant Ave., Unit W-6, Aspen, CO 81611, and, Roaring Fork School District RE-1, whose address is 1405 Grand Ave., Glenwood Springs, Colorado 81601 (“District”). RECITALS A. Eastbank is the fee title owner of that certain real property presently described as Lot 2 and Lot 3 of the Eastbank LLC Minor Subdivision recorded in the Garfield County land records at Reception No. 867716. Eastbank anticipates that Lot 2 and Lot 3 will be developed in the future for general residential and/or commercial purposes. B. Macgregor is the fee title owner of that certain real property described as Parcel 2B of the Eastbank Parcel 2 Lot Split according to the plat thereof recorded in the Garfield County land records at Reception No. 813402 (“Parcel 2B”). Macgregor anticipates that Parcel 2B may be developed in the future for general residential and/or commercial purposes. C. The District is the fee title owner of certain real property adjacent to Lot 2 and Lot 3 identified as “Parcel 1” of the Eastbank Lot Split map recorded in the Garfield County land records at Reception No. 770436 as amended by the Eastbank, LLC Lot Line Adjustment Map recorded at Reception No. 865787 (“Parcel 1”). The District plans to construct and operate one or more public schools and related facilities and amenities on Parcel 1. D. The real properties identified in Paragraphs A, B and C above may be referred to collectively in this Agreement as the “Parties’ Properties” or “Properties.” E. Eastbank, Macgregor and the District are parties to that certain (i) Access and Utility Easement instrument dated June 29, 2009, as terminated and modified by the Agreement for Relocation of Access and Utility Easements on September 3, 2015 (and recorded at Reception No. 867636) and as subsequently terminated and modified by that certain “Amended and Restated Agreement for Relocation of Access and Utility Easements” dated ____________ and to be recorded contemporaneously with this Agreement and (ii) Easement Agreement dated July 23, 2015 (and recorded at Reception No. 865788), and (iii) related documents, including that certain Memorandum of Understanding dated July 23, 2015, regarding cooperative efforts to develop the RE-1 Parcel 1 and Eastbank Lot 2 / Lot 3 properties, including infrastructure and access corridors. Easement Deed and Agreement For Access Road and Utilities Page 2 of 9 F. Eastbank, Macgregor and the District have mutually agreed upon the location for a permanent, primary, non-exclusive, shared and reciprocal primary access road and utility easement corridor. RE-1 has caused to be constructed within the Easement Area depicted and legally described on Exhibit A hereto, a road that will provide general public vehicular access to the Parties’ Properties from Garfield County Road 154 across portions of Lot 2, Lot 3 and Parcel 1 (“Access Road”) and certain underground utilities serving the Parties’ Properties, including but not limited to water and sewer pipelines, natural gas pipelines, electricity and data lines (“Utilities”). By this Agreement, the Parties intend to establish a permanent, nonexclusive easement across Lot 2, Lot 3, and Parcel 1 for the construction, operation, maintenance, repair and replacement of the Access Road (to be identified as “Flying M Road”), appurtenances thereto, and underground Utilities. GRANT AND AGREEMENT NOW THEREFORE, in consideration of the terms, conditions, covenants and mutual promises contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant and Declaration of Easement across Lot 2. Subject to the terms and conditions of this Agreement, Eastbank hereby grants, sells and quitclaims to the District for the benefit of Parcel 1 and to Macgregor for the benefit of Parcel 2B, and declares the establishment of a perpetual, nonexclusive easement over and across Lot 2 in the location and of the dimensions depicted and labeled as “Access Road Easement” on Exhibit A attached hereto. The purposes of the easement granted herein shall be for construction, operation, use, maintenance, repair and replacement of underground Utilities and the Access Road for use by Macgregor, Eastbank and the District, their employees, agents, invitees, successors and assigns and the general public for vehicular ingress and egress to the Parties’ Properties. 2. Grant and Declaration of Easement across Parcel 1. Subject to the terms and conditions of this Agreement, the District hereby grants, sells and quitclaims to Eastbank for the benefit of Lot 2 and Lot 3, to Macgregor for the benefit of Parcel 2B and declares the establishment of, a perpetual, nonexclusive easement over and across Parcel 1 in the location and of the dimensions depicted and labeled as “Access Road Easement” on Exhibit A attached hereto. The purposes of the easement granted herein shall be for construction, operation, use, maintenance, repair and replacement of underground Utilities to serve Lot 3 and Parcel 1 and the Access Road for use by Macgregor, Eastbank and the District, their employees, agents, invitees, successors and assigns and the general public for vehicular ingress and egress to Lot 2 Lot 3, Parcel 2B and Parcel 1. 3. Grant and Declaration of Easement across Lot 3. Subject to the terms and conditions of this Agreement, Eastbank hereby grants, sells and quitclaims to the District for the benefit of Parcel 1, and to Macgregor for the benefit of Parcel 2B, and declares the establishment Easement Deed and Agreement For Access Road and Utilities Page 3 of 9 of, a perpetual, nonexclusive easement over and across Lot 3 in the location and of the dimensions depicted and labeled as “Access Road Easement” on Exhibit A attached hereto. The purposes of the easement granted herein shall be for construction, operation, use, maintenance, repair and replacement of underground Utilities to serve Lot 3 and Parcel 1 and the Access Road for use by Macgregor, Eastbank and the District, their employees, agents, invitees, successors and assigns and the general public for vehicular ingress and egress to Parcel 1, Parcel 2B, Lot 2 and Lot 3. 4. Run with the Land; No Merger. The easements conveyed and established by Paragraphs 1 through 3 above (collectively referred to herein as the “Joint Access and Utility Easement”) shall run with title to the affected lands and shall be binding and inure to the benefit of the Parties and their respective successors and assigns, and shall be perpetual in nature. Notwithstanding that any portion of the Joint Access and Utility Easement may be owned from time to time by the same owner as the land encumbered by the Joint Access and Utility Easement, there shall be no merger of title and the Joint Access and Utility Easement shall continue in perpetuity, absent a written and recorded termination of the Joint Access and Utility Easement. 5. Construction of the Access Road. The Parties each acknowledge that they have reviewed and approved the plans and specifications for the Access Road prepared by the District’s engineers (“Road Plans”) and that the District has caused the Access Road to be constructed according to the Road Plans. Eastbank shall reimburse the District for a portion of the costs of construction pursuant to a separate cost recovery agreement among the Parties. The District shall reimburse Eastbank for the land area utilized for the Joint Access and Utility Easement by acknowledging a credit against an applicable Garfield County Development Code (Section 7-404) School Land Dedication/Fee-in-Lieu obligations on a per acre basis. The Parties acknowledge that the as-built condition of the Access Road and related slope stabilization and revegetation are reasonably satisfactory to Eastbank. Eastbank shall have the right to connect on to the Access Road at various intersection locations (i) as may be approved by Garfield County land use approvals and (ii) immediately with respect to (a) a secondary road access point for the Eastbank Lot 2 upper bench commercial site and (b) for further and future connection to both Lot 3 and Parcel 2B. In recognition of the Garfield County Safe Trails study, and given alternative pedestrian/bicycle trail and access connections, the Parties agree that neither shall seek to establish additional sidewalk/pedestrian components within the Access Road Easement. 6. Road Maintenance. Subject to the provisions of Paragraph 7 below, following initial construction of the Access Road, maintenance and repair of the Access Road shall be accomplished by the Parties jointly (a) identifying the limits of the shared Access Road, and (b)forming a property owners association to be responsible for maintaining and repairing the shared Access Road, collecting assessments based on trip generation numbers for each property, contracting for maintenance and repairs, and making decisions regarding the same. Association would be capable of adding members as development occurs. Easement Deed and Agreement For Access Road and Utilities Page 4 of 9 7. Installation of Utilities. The District has completed the installation of the Utilities within the Easement Area. Eastbank shall reimburse the District for a portion of the costs of construction pursuant to a separate cost recovery agreement among the Parties. The District shall notify the Parties of its completion of the Access Road and, thereafter, any Party that causes damage to the Access Road by installation, repair or replacement of Utilities shall be responsible for restoring the Access Road, including but not limited to grading, subjacent support for and the surface thereof, to be restored as nearly as practicable to its condition prior to such damage. 8. Transferability. The access rights established herein may be transferred in whole or in part, without further authorization, to Garfield County as necessary or appropriate to ensure public access to Parcel 1 and the other Parties’ Properties for all public purposes. Rights and obligations for the installation, operation, maintenance, repair and replacement of any Utilities may be assigned or otherwise transferred in whole or in part, without further authorization, to the entity responsible for the installation, operation, maintenance, repair or replacement of such utility. 9. Insurance. Each Party shall obtain and pay for public liability insurance for that portion of the Easement Area situated on its property in such amounts and of such types of coverage as is reasonably necessary and adequate to protect the Parties, but in no event less than $2 million single limit, bodily injury and property damage. All policies shall name each other Party as an additional insured. 10. Notice of Default, Right to Cure. In the event of any default under the provisions of this Agreement, the non-defaulting party shall, prior to the exercise of any right or remedy, give the party alleged to be in default written notice of such default together with right for a period of ten days after receipt of such notice to cure said default. If a default is not cured within the time provided or any extension thereof, the non-defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this Agreement or otherwise by law. 11. Remedies. Subject to the provisions of paragraph 6 above, any party shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Agreement. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys’ fees, in connection therewith. 12. No Waiver. No waiver of any default of any obligation by any Party shall be implied from any omission by another Party to take any action with respect to such default. 13. No Termination for Breach. Notwithstanding any provision of this Agreement to Easement Deed and Agreement For Access Road and Utilities Page 5 of 9 the contrary, no breach of this Agreement shall entitle a Party to cancel, rescind, or otherwise terminate this Agreement or the easements created by this Agreement. 14. No Warranties of Title. This Agreement is made subject to any existing easements, reservations, restrictions or rights of way. The interests granted herein are made without warranties of title to the same. 15. Recording. This Agreement shall be recorded in the real property records of Garfield County at the expense of the District. 16. Time is of the Essence. Time is of the essence with respect to the performance of the covenants and agreements contained in this Agreement. 17. Interpretation. This Agreement shall be construed with the view towards the reasonable intention of the Parties as expressed herein, without regard to the Party originally drafting or thereafter revising same. When necessary herein, all terms used in the singular shall apply to the plural and vice versa, and all terms used in the neuter shall apply to the masculine and feminine genders. The title and headings of the Paragraphs hereof are intended solely for convenience of reference and are not intended for any purposes whatsoever to modify, explain or place any construction upon any of the provisions of this Agreement. 18. Severability. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and effect. 19. Notices. Any notice, demand, or document which any party is required or may desire to give, deliver or make to any other party shall be in writing and may be personally delivered or given by facsimile transmission or given by United States certified mail, return receipt requested, addressed as follows: To the District: Roaring Fork RE-1 School District Attn: Superintendent 1521 Grand Avenue Glenwood Springs, CO 81601 Telephone No.: 970-384-6000 Facsimile No.: 970-384-6005 To Eastbank: Eastbank, LLC Easement Deed and Agreement For Access Road and Utilities Page 6 of 9 Attn: Robert Duncan Macgregor 710 East Durant Ave., Unit W-6 Aspen, CO 81611 Telephone No.: 970-925-9046 Facsimile No.: 970-925-1162 With copy to: Thomas J. Hartert Balcomb & Green, P.C. 818 Colorado Avenue P.O. Drawer 790 Glenwood Springs, CO 81601 Telephone No.: 970-945-6546 Facsimile No.: 970-945-8902 To Macgregor: Robert Duncan Macgregor 710 East Durant Ave., Unit W-6 Aspen, CO 81611 Telephone No.: 970-925-9046 Facsimile No.: 970-925-1162 With copy to: Thomas J. Hartert Balcomb & Green, P.C. 818 Colorado Avenue P.O. Drawer 790 Glenwood Springs, CO 81601 Telephone No.: 970-945-6546 Facsimile No.: 970-945-8902 Any notice, demand or document delivered or made by United States mail shall be deemed to have been received on the earlier of the date actually received or the third business day after the same is deposited in the United States mail as certified matter, addressed as above provided, with postage prepaid. Notice by facsimile transmission shall be deemed given upon receipt of a confirmation by sender. 20. Amendment. This Agreement may be amended only by amendments made by all parties in written form and executed by all parties in the same manner as this Agreement. 21. Governing Law. This Agreement shall be governed by the laws of Colorado. In Easement Deed and Agreement For Access Road and Utilities Page 7 of 9 the event of litigation pertaining to this Agreement, the exclusive forum, venue and place of jurisdiction shall be Garfield County, Colorado. 22. Authorized Signatures. The individuals signing this Agreement represent and warrant that they are duly authorized to do so by one of the parties hereto and has authority to bind said party to the terms and conditions hereof. Easement Deed and Agreement For Access Road and Utilities Page 8 of 9 IN WITNESS WHEREOF, the parties have signed this agreement as effective the day and year first written above. EASTBANK, LLC A COLORADO LIMITED LIABILITY COMPANY BY ITS MANAGER: DUNRENE MANAGEMENT, INC., A COLORADO CORPORATION By: ______________________________________________ Robert Duncan Macgregor Its: President ROBERT DUNCAN MACGREGOR By: ______________________________________________ Robert Duncan Macgregor STATE OF COLORADO ) ) ss. COUNTY OF _________ ) Subscribed, sworn to and acknowledged before me this ___ day of ______, 2018, by Robert Duncan Macgregor as President of Dunrene Management, Inc., the Manager of Eastbank LLC and for himself individually. Witness my hand and official seal. My commission expires _______________ Notary Public Easement Deed and Agreement For Access Road and Utilities Page 9 of 9 ROARING FORK SCHOOL DISTRICT RE-1: By:_______________________________________ ATTEST: ___________________________ __________________, Secretary STATE OF COLORADO ) ) ss. COUNTY OF _________ ) Subscribed, sworn to and acknowledged before me this ___ day of ______, 2018, by ______________ as President of Roaring Fork School District RE-1. Witness my hand and official seal. My commission expires _______________ Notary Public Exhibit K Geotechnical Engineering Study (See Exhibit C - High Country Engineering Impact Analysis and Utility Report) Exhibit L Design Guidelines DESIGN GUIDELINES August 15, 2018 1 DESIGN PHILOSOPHY ............................................................................................3 2 SITE AND LANDSCAPE DESIGN GUIDELINES ......................................................3 2.1 BUILDING SITE ....................................................................................................................................... 3 2.2 GRADING .............................................................................................................................................. 3 2.3 RETAINING WALLS, LANDSCAPE WALLS AND FENCES ................................................................................. 4 2.4 DRAINAGE ............................................................................................................................................. 4 2.5 DRIVEWAYS AND GARAGES.................................................................................................................... 4 2.6 OUTDOOR LIVING SPACES ...................................................................................................................... 5 2.7 LANDSCAPE DESIGN AND MATERIALS .................................................................................................... 5 2.8 LIGHTING .............................................................................................................................................. 6 2.9 EASEMENTS, UTILITIES, SERVICE AREAS AND SATELLITE DISHES .............................................................. 6 2.10 SIGNS .................................................................................................................................................... 6 3 ARCHITECTURAL DESIGN GUIDELINES ...............................................................7 3.1 BUILDING HEIGHT AND MASS ................................................................................................................ 7 3.2 BUILDING FORMS AND MATERIALS ........................................................................................................ 7 3.3 FOUNDATIONS ...................................................................................................................................... 7 3.4 BUILDING WALLS ................................................................................................................................... 8 3.5 ROOFS ................................................................................................................................................... 8 3.6 BUILDING STRUCTURE ........................................................................................................................... 8 3.7 WINDOWS AND DOORS ......................................................................................................................... 8 3.8 COLORS ................................................................................................................................................. 8 3.9 FIREPLACES, CHIMNEYS, VENTS, FLUES AND GUTTERS ............................................................................ 9 3.10 PORCHES, BALCONIES AND DECKS ......................................................................................................... 9 3.11 DORMERS ............................................................................................................................................. 9 3.12 SKYLIGHTS AND SOLAR PANELS .............................................................................................................. 9 4 SUBMISSION REQUIREMENTS AND FEES .........................................................10 4.1 REQUIRED DOCUMENTS .......................................................................................................................10 4.2 DRB REVIEW PHASES ............................................................................................................................10 4.3 FEES .....................................................................................................................................................10 4.4 PRELIMINARY DESIGN REVIEW ..............................................................................................................10 4.5 PRELIMINARY DESIGN SUBMISSION REQUIREMENTS .............................................................................11 - 2 Flying M Ranch Design Guidelines August 15, 2018 2 4.5.1 Site Plan ...........................................................................................................................................11 4.5.2 Exterior Elevations and 3D Digital Model ..........................................................................................11 4.5.3 Floor Plans .......................................................................................................................................11 4.6 FINAL DESIGN REVIEW ..........................................................................................................................11 4.7 FINAL DESIGN SUBMISSION REQUIREMENTS .........................................................................................12 4.7.1 Site Plan ...........................................................................................................................................12 4.7.2 Construction Staging Plan ................................................................................................................12 4.7.3 Exterior Elevations and 3D Digital Model ..........................................................................................12 4.7.4 Floor Plans .......................................................................................................................................13 4.7.5 Geotechnical Investigation ...............................................................................................................13 4.7.6 Utilities ............................................................................................................................................13 4.7.7 Roof Plan .........................................................................................................................................13 4.7.8 Color Samples ..................................................................................................................................14 4.7.9 Exterior Lighting ...............................................................................................................................14 4.7.10 Structural Drawing .......................................................................................................................14 5 EXHIBIT A – RECOMMENDED PLANT MATERIALS ............................................15 - 3 Flying M Ranch Design Guidelines August 15, 2018 3 Flying M Ranch Design Guidelines August 15, 2018 Design Guidelines (“Guidelines”) have been prepared to provide a framework to guide the design and construction of all improvements in Flying M Ranch. The purpose of these Guidelines is to enhance the aesthetic experience in Flying M Ranch, promote harmonious design and to protect and enhance property values. Development within Flying M Ranch shall conform with these Guidelines and the approved Planned Unit Development issued for the Flying M Ranch Subdivision. The Design Review Board (“DRB”) of The Flying M Ranch Property Owners Association, Inc. (“Association”) has adopted these Guidelines to be the General Development Guidelines as referred to in, and in accordance with, the Declaration of Covenants, Conditions, Restrictions and Easements for the Flying M Ranch Subdivision. The DRB’s role is to provide assistance to all property owners and their chosen design professionals and to ensure that the design process is a smooth and satisfying experience. These Guidelines may be amended from time to time by the DRB and it is the responsibility of buyers or their representatives to obtain and review a copy of the most recently revised Guidelines. Where there are conflicts between these Guidelines and the Covenants, the Covenants will govern. 1 DESIGN PHILOSOPHY - The design philosophy at Flying M Ranch is to create a contemporary neighborhood based upon the traditional design vocabulary of Garfield County and other western communities. Within that architectural focus, a diversity of architectural designs and creativity will be encouraged. While these Guidelines do not dictate one specific architectural style, all buildings should share a number of common design elements. These design elements include site design solutions based upon lot sizes, grades, etc., scale of buildings, roof forms, consideration of surrounding architecture, and compatible materials and colors. 2 SITE AND LANDSCAPE DESIGN GUIDELINES - The goal of the site and landscape design is to assure the sensitive integration of a building with its site and surroundings. 2.1 BUILDING SITE - Buildings and improvements should be sited and designed as an integral element of the lot and should adapt to adjacent lot conditions. 2.2 GRADING - 4 Flying M Ranch Design Guidelines August 15, 2018 4 Site grading should integrate the structure, the site and adjacent lots. Grading should be designed as a combination of cuts and fills designed as an extension of existing topography on the site and retaining walls may be necessary. Re- graded slopes shall not exceed 2:1. Berms shall not exceed 5 feet in height nor exceed a 2:1 grade. 2.3 Retaining WALLS, LANDSCAPE WALLS AND FENCES - When feasible, retaining and landscape walls should be designed as an extension of the building or as an extension of the natural landscape. - The top and ends of walls should be designed to blend with natural contours to visually tie the wall to the surrounding landforms. Walls are to be constructed of boulders or laid stone, logs, timbers or interlocking blocks. Railroad ties are not acceptable for use as landscape or retaining wall materials. - Fence materials shall be compatible with materials used on the building. Chain link, aluminum or vinyl-fencing materials are not permitted. - Fencing will be restricted throughout Flying M Ranch to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. - Fencing within utility easements is discouraged. Utility companies are not responsible for the restoration or repair of any fence constructed within a utility easement. - All fences require Design Review approval prior to construction. 2.4 DRAINAGE - Grading and drainage for conveyance of storm water and debris flow away from structures on each lot shall be the responsibility of the lot Owner, including the construction of debris flow mitigation structures as necessary to allow for conveyance of storm water and debris flow through such Owner’s lot to an appropriate street drainage swale or culvert. Drainage solutions should not cross property lines. 2.5 DRIVEWAYS AND GARAGES - Driveway grades must not exceed 12%. Driveways must be surfaced and may be constructed of asphalt, concrete, stone pavers or brick. - The minimum size for a parking space is 9 feet x 18 feet. - 5 Flying M Ranch Design Guidelines August 15, 2018 5 - Garage doors are not intended to dominate the streetscapes. When garage doors face the street, garage doors must be set back a minimum of 10 feet from the front of the building or the entry porch projection. 2.6 OUTDOOR LIVING SPACES - Outdoor living spaces can provide an effective transition between a building and the outdoors and also reinforce the visual connection of the structure and the landscape. - Terraces, verandas, patios, porches courtyards, paths, walkways and other similar on- grade features should be an integral element of the design of the building and the landscape by blending with existing topography. Materials should be consistent with materials used on the building. 2.7 LANDSCAPE DESIGN AND MATERIALS - The goal of landscape design is to reinforce the integration of structures and related improvements with the setting of the lot and to create a pleasant streetscape. Landscape plans shall address the following issues: appropriateness of plant material to this climate, the scale of the structure, public vs. private areas, and long term maintenance. - Plant materials should be indigenous to the surrounding area. A list of RECOMMENDED PLANT MATERIALS is attached hereto and incorporated herein as Exhibit A. - Landscape plans should address the public face of the front and side yards as well as the private areas of the back yard. The front yard landscape plan should create a welcoming entrance to the property. A variety of tree sizes should be used in landscaping. - Coniferous trees should average at least eight (8) feet in height and deciduous trees shall have trunks with a minimum measurement of at least two and one half (2.5) inches as measured by a caliper at a height of three feet from the ground. The balance of the front yard shall be planted with low water use grasses, ground covers, or cobble mulch. The additional use of low water use flower and shrub beds is encouraged. Avoid planting vegetation that will encroach on the public sidewalk or obscure views at driveway entrances. The back yard or private areas can contrast to the front uses. Vegetation can be used to screen utility areas on a structure or to create private outdoor spaces. - Landscape plantings within utility easements should be minimized. Utility companies are not responsible for the restoration of landscaping of any kind within a utility easement. - 6 Flying M Ranch Design Guidelines August 15, 2018 6 2.8 LIGHTING - Flying M Ranch exterior lighting should be minimal, and used only to provide a safe, secure and easily identified community. - Where outdoor lighting is required, fixtures shall be shielded so that no light source is directly visible from the street or neighboring homes – down lighting is required. - Exterior lighting shall be designed to create pools of light rather than continuous lighting. - Light standards should be of a low profile design using wood, metal or stone. - Lights which produce a warm effect, rather than a cool effect, must be used. - All lighting requires Design Review approval prior to construction and must comply with Garfield County Lighting Standards. 2.9 EASEMENTS, UTILITIES, SERVICE AREAS AND SATELLITE DISHES - Easements have been provided throughout Flying M Ranch to allow for the installation and maintenance of utilities. All utility lines to serve a structure shall be located underground. All utility meters shall be brought to the building foundation. - Satellite dishes are not permitted. - Roof-mounted mechanical equipment, such as evaporative coolers are to be located on roof surfaces that do not front streets or roadways and must match roof color. - Utility meters, irrigation controls, phone and cable connections, air conditioners etc. must be screened from view by structure or vegetation or be painted or stained to match their backgrounds. - 2.10 SIGNS - Temporary signs (no longer than 30 days) advertising garage sales or community events shall be allowed as long as they do not exceed 2 in number and 12 square feet in aggregate area and are posted on private property. - For other than structures under construction, signs advertising commercial ventures of any type are prohibited. Contractor signs for homes under construction shall be removed upon issuance of a Certificate of Occupancy - 7 Flying M Ranch Design Guidelines August 15, 2018 7 3 ARCHITECTURAL DESIGN GUIDELINES - The essence of the architectural design guidelines for Flying M Ranch is to encourage structures that are designed to appear as a contemporary interpretation of the traditional neighborhoods of rural Garfield County and other western communities. These Guidelines also intend to protect the aesthetic values of the community through elimination of those architectural styles and those building materials that detract from the appearance of the neighborhood as a whole. Prohibited styles generally are styles from other regions that are not compatible with regional and traditional vernacular designs. Prohibited styles include but are not limited to: A-frames; Domes; Mediterranean; Tudor; Chalets; Ornate Victorian; Chateau; and Pueblo. 3.1 BUILDING HEIGHT AND MASS - Maximum allowable building heights are not intended to imply that all portions of a building may be built to the maximum allowable building height limit. Rather buildings should be designed with a low profile understated appearance. For large structures, roof planes are discouraged from spanning the full length of any facade. Dormers can serve to break up roof planes. Building heights must conform to the statutes, codes, rules and regulations of Garfield County and the Flying M Ranch Planned Unit Development. - Building massing on larger lots should emphasize horizontal scale and form. Sloped sites may require stepping of massing to connect the structure to the site. 3.2 BUILDING FORMS AND MATERIALS - Building form is comprised of three major elements, the foundation, the building walls and the roof. General parameters for each of these elements are outlined herein below. 3.3 FOUNDATIONS - A site specific geotechnical investigation shall be conducted for each lot to determine proper foundation design and mitigation of potential geologic hazards. In order to “ground” a building with its site, a minimum of exposed foundation concrete is desired. Masonry materials may help ground the building where foundation walls are above grade. Siding should be extended to within 6 inches of finished grade to minimize exposed foundation concrete. A parged finish or stucco coating (finished concrete) or masonry veneer may cover the exposed foundation concrete to allow a finished surface to exceed the 6 inches maximum exposure. Landscape walls may also be used to minimize exposed concrete foundation walls. - 8 Flying M Ranch Design Guidelines August 15, 2018 8 3.4 BUILDING WALLS - A sample board of exterior materials to be used will be required for submission to the DRB at the time of final plan review. Stucco, non-reflective metal panel, wood, stone, or cement based sidings are encouraged. Other siding materials may be considered by the DRB on a case-by-case basis. 3.5 ROOFS - Non-reflective metal, architectural grade fiberglass based asphalt roofing shingles, and synthetic architectural shingles such as “Divinci” are recommended. Other roofing materials may be considered by the DRB on a case-by-case basis. 3.6 BUILDING STRUCTURE - Exposed structural elements, such as, beams, purlins, rafters and columns may be expressed in all buildings. Structural expression should be consistent through all elements of a building - the foundation, the walls and the roof. 3.7 WINDOWS AND DOORS - Windows and doors provide an opportunity to reinforce building scale and to add interest and individual expression to a building. Windows and doors should be designed as an integral architectural element of the building. All windows and doors should appear to be recessed and large areas of glass should be shaded by overhangs, balconies or similar features in order to establish shadow patterns to reduce reflectivity of the glass. - Windows and doors shall be designed in proportion with the overall structure and form of the building. The treatment of all windows and doors should be consistent on all sides of a building. Window frames should appear as substantial building elements. The substantial cross section of framing and trim around windows and doors creates shadow lines that add interest to a building’s facade. Windows of unusual shapes and sizes, or the use of colored, highly tinted or mirrored glass is prohibited. Vinyl or aluminum clad white exterior frame windows are prohibited. 3.8 COLORS - An underlying goal of Flying M Ranch is for all buildings to be designed in harmony with the natural surroundings of Garfield County. All building colors should be selected to achieve this goal. - The colors of exterior building materials shall be in quiet harmony with the natural landscape of the surrounding hillsides and are encouraged to reflect the - 9 Flying M Ranch Design Guidelines August 15, 2018 9 agri-industrial influences of the region. Natural finishes or transparent or semi- transparent stains may be used on wood materials. The use of paint requires muted colors, somewhat darker in value, for the background colors. Accent colors can be used to add interest to a home, but in no case should accent colors call undue attention to any single element of a building. Accent colors should be taken from natural colors found in the immediate surrounding area. - Acceptable roof colors are weathered greens, grays, browns, black, and bronze selected in concert with the colors and textures of the building. - All colors, including but not limited to those for roofing, siding, stucco, trim, cladding and concrete, are subject to DRB approval. 3.9 FIREPLACES, CHIMNEYS, VENTS, FLUES AND GUTTERS - Fireplaces are limited to gas or electric devices only. No open hearth solid-fuel fireplaces will be allowed. Chimneys should be designed in proportion to the building and generally reflect a simple, understated appearance. Chimney caps to conceal flues are required. All other rooftop equipment and vents must be consolidated, concealed and/or painted to match the roof color. Gutters, when used, must blend in color with the building. 3.10 PORCHES, BALCONIES AND DECKS - Balconies and above grade decks provide outdoor living space and add interest and scale to a building. Above grade balconies and decks should be designed as an integral element of the building. Balconies and decks should be designed within the mass of a building, or as a cantilevered element of the building. In no case shall projecting decks be supported by narrow posts or columns. - The underside of balconies and decks above grade shall be treated or stained to match the building. Railings on balconies and above grade decks shall be treated or stained to match the building. Railings on balconies, decks, stairs and porches should be made of materials that appear to be natural extensions of the building. 3.11 DORMERS - The use of dormers should be considered to establish scale to roof forms and to break up the appearance of large roof planes. When used, dormers should be in scale and proportion with the rest of the building. 3.12 SKYLIGHTS AND SOLAR PANELS - Skylights and solar panels shall be integrated into the architectural composition. - 10 Flying M Ranch Design Guidelines August 15, 2018 10 4 SUBMISSION REQUIREMENTS AND FEES 4.1 REQUIRED DOCUMENTS - The required documents to be submitted for each phase of DRB review are enumerated below. All plans must list the name, address and telephone number of the lot Owner and design professionals responsible for the preparation of the plans submitted for review. This shall include, but not be limited to: architectural design, soils engineering, structural engineering, and land survey. Each drawing shall be drawn to an appropriate scale, include a north arrow, graphic scale, lot number, date prepared (including revisions) and clearly delineate required information. 4.2 DRB REVIEW PHASES - There are two phases of DRB review– A Preliminary Review and a mandatory Final Review. - Under no circumstances may any construction be commenced until Final Review approval has been obtained in writing from the DRB pursuant to Section 4.2 herein below. 4.3 FEES The DRB will process the submissions for the following fees: Preliminary Design Review $___________ Final Design Review (Mandatory) $___________ These fees are based upon the review of a single submission and one resubmission to address DRB comments. If any changes are made to the plans that are not a requirement of the DRB, the Resubmittal fee will be charged. Additional charges will be imposed for additional reviews. - 4.4 PRELIMINARY DESIGN REVIEW - Each preliminary design review will include the preliminary design review, one meeting related to the review, one resubmittal of the preliminary design review, approval letter, phone calls, miscellaneous copies, and administrative costs. The Preliminary Review should be utilized to avoid a substantial investment in plans and drawings that may not be acceptable and to allow the DRB the opportunity to provide the applicant with comments of a general nature before said plans and drawings are finalized Applicants are encouraged to meet periodically with the DRB as design progresses to discuss any questions. The - 11 Flying M Ranch Design Guidelines August 15, 2018 11 Preliminary Review approval shall automatically expire one year from the date of issuance. 4.5 PRELIMINARY DESIGN SUBMISSION REQUIREMENTS The submission requirements for Preliminary Review are contained within Section 4.1.1 through 4.1.3 herein below. 4.5.1 Site Plan - The Site Plan shall accurately show all proposed improvements/changes to the property. It must show existing and revised contours, the roof plan (with elevations above existing grade), walks, drives, parking, fences, drainage structures, landscaping and out-buildings or structures of any kind. The Site Plan must indicate the outline of all structure(s) as the same meets the adjoining grade. The Site Plan must also show setbacks, easements of record, the location of existing and proposed drainage facilities (and proposed drainage patterns) and utilities and/or utility extensions and meters. The site plan must also show existing trees and clearly indicate those to be removed. The plan must provide dimensions which delineate the location of each improvement on the lot. 4.5.2 Exterior Elevations and 3D Digital Model - Drawings or plans containing a minimum of four elevation views and a 3D digital model, which sufficiently portray the structure(s) from all sides, are required. The elevation views must show existing and finish grades and the height of the roof above the existing grade. All proposed exterior materials must be noted on the drawings, including, but not limited to, siding materials, colors, roof materials and window types. 4.5.3 Floor Plans - Floor plans delineating the layout of each level of the structure are required. The plans must set forth the use of each area (i.e. kitchen, bedroom, etc.), the elevation of each floor level, its square footage, and show adjoining decks or patios. The floor plans must provide complete dimensions, including square footage, of the structure. 4.6 FINAL DESIGN REVIEW - Each final design review will include the final design review, one meeting related to the review, one resubmittal of the final design review, site visits for foundation inspection, dry-in inspection, and final review for construction completion deposit refund, comment and approval letters, phone calls, miscellaneous copies and administrative costs. - 12 Flying M Ranch Design Guidelines August 15, 2018 12 - The mandatory final review (“Final Review”) should take place during the “construction document” planning phase. Plans and specifications should be sufficiently complete to provide the DRB with final structural, color and material selection information. - As part of the submission for final review, each lot shall be staked and certified by a registered Land Surveyor verifying building location within the approved building envelope. - The Final Review approval shall automatically expire one year from the date of issuance. 4.7 FINAL DESIGN SUBMISSION REQUIREMENTS - The submission requirements for Final Review are set forth herein. 4.7.1 Site Plan - The site plan (“Site Plan”) shall accurately show all proposed improvements/changes to the property. It must show existing and revised contours, the roof plan (with elevation above existing grade), walks, drives, parking, exterior lighting, fences, drainage structures, landscaping and out- buildings or structures of any kind. The Site Plan must indicate the outline of all structure(s) as the same meets the adjoining grade. The Site Plan must also show the building setbacks, easements of record, the location of existing and proposed drainage facilities (and proposed drainage patterns) and utilities and/or utility extensions and meters. The Site Plan must show all structures, finished paving and walk materials, drainage structures, debris flow mitigation structures and locations, site construction details, landscaping and proposed areas of revegetation. The Site Plan must also show existing trees and clearly indicate those to be removed. The plan must provide dimensions which delineate the location of each improvement on the lot. 4.7.2 Construction Staging Plan - The construction staging plan must delineate temporary construction access, construction parking, erosion control measures, dumpsters, sanitary facilities, construction trailers and material storage areas to be used during construction. 4.7.3 Exterior Elevations and 3D Digital Model - Elevation drawings and a 3D digital model rendered to match the proposed structure are required. Drawings or plans containing a minimum of four elevation views, accurately depicting the structure(s) from all sides, are required. The elevation views must show existing and finished grades and the height of the - 13 Flying M Ranch Design Guidelines August 15, 2018 13 roof above the existing grade. All proposed exterior materials must be noted on the drawings, including, but not limited to, siding materials, colors, roof materials and window types. 4.7.4 Floor Plans - Floor plans delineating the layout of each level of the structure are required. The plans must set forth the use of each area (i.e. kitchen, bedroom, etc.), the elevation of each floor level, its square footage, and show adjoining decks or patios. The floor plans must provide complete dimensions of the structure, and a summary of square footages by floor and the total for the building. 4.7.5 Geotechnical Investigation - Lots within Flying M Ranch are subject to geologic conditions and potential geologic hazards similar to those found in other developments in the area and are typical of mountainous terrain. Accordingly, a site specific geotechnical investigation is required for each lot so as to incorporate engineering solutions and construction methods appropriate for structures in this locale, to include, where required, mitigation of rockfall, debris and mud flow and ground subsidence. A copy of the geotechnical investigation must be included with the Final Review submittal. The geotechnical investigation must be prepared and sealed by a professional engineer. - The geotechnical report must be certified by a licensed professional in the field. The applicant should not rely on the DRB to evaluate these documents for adequacy or sufficiency. The role of the DRB is strictly limited to a determination that such reports and drawings have been prepared and certified by licensed professionals and such determination shall in no way be deemed or construed as an approval or certification by the DRB of the adequacy of such geotechnical reports or their compliance with applicable statutes, codes, rules or regulations. The DRB reserves the right, at the cost of the Owner, to retain on behalf of the DRB a consultant to advise the DRB on the submission. The approval is conditioned on the Owner obtaining appropriate licenses and/or permits from Garfield County and/or other applicable governmental agencies as a condition to constructing the related improvements. 4.7.6 Utilities - All utility lines to serve a building shall be located underground. All utility meters shall be brought to the building foundation. 4.7.7 Roof Plan - A roof plan showing all roof penetrations, chimneys, skylights, mechanical equipment, etc. must be submitted for DRB review. - 14 Flying M Ranch Design Guidelines August 15, 2018 14 4.7.8 Color Samples - Exterior color samples representative of the actual exterior materials to be used must be submitted for DRB review. This shall include, but not be limited, to siding, trim, fascia, roofing, window cladding, stone, and masonry materials. 4.7.9 Exterior Lighting - Catalogue sheets must be provided for exterior lighting, including landscape lighting. 4.7.10 Structural Drawing - The structural drawings are to include detailed plans for the foundation as well as the structural components of the improvements. Member sizes and design criteria are to be provided. Plans must be prepared and sealed by a professional engineer, licensed in the State of Colorado. - 15 15 5 EXHIBIT A – RECOMMENDED PLANT MATERIALS - EVERGREEN TREES: Pinon Pine Pinus Edulis Bristlecone Pine Pinus Aristata Austrian Pine Pinus Nigra Ponderosa Pine Pinus Ponderosa Mugo Pine Pinus Mugo Rostrata Mugo Pine Pinus Mugo Rostrata Colorado Spruce Picea Pungens Columnar Norway Spruce Picea Abies Cupressina Northstar Spruce Picea glauca ‘North Star’ Fat Albert Spruce Picea Pungens ‘Fat Albert’ Montgomery Spruce Picea Pungens ‘Montgomery’ Fastigiata Spurce Picea Pungens var. glauca ‘Fastigiata’ Douglas Fir Pseudotsuga Menziesii Subalpine Fir Abies lasiocarpa Concolor Fir Abies Concolor Arborvitae Thuja Occidentalis “Emerald” DECIDUOUS TREES: Prairifire Crabapple Malus Prairifire Royal Raindrop Crabapple Malus Royal Raindrop Spring Snow Crabapple Malus Spring Snow American Linden Tilia Americana Sentry Greenspire Linden Tilia Cordata Greenspire Narrowleaf Cottonwood Populus Angustifolia Quaking Aspen Populus Tremuloides Canada Red Chokecherry Prunus Virginiana Shubert Chokecherry Prunus Virginiana ‘Schubert’ Amur Chokecherry Prunus Maackii Imperial Honeylocust Gleditsia Triacanthos Inermis Imperial Shademaster Honeylocust Gleditsia Triacanthos Shademaster Skyline Honeylocust Gleditsia Triacanthos Skyline Thornless Cockspur Hawthorn Crataegus Crusgalli Inermis Autumn Purple Ash Fraxinus Americana Patmore Ash Fraxinus Pennsylvanica Cimmaron Ash Fraxinus Pennsylvanica Autumn Blaze Maple Acer x Freemanii Ginnala Maple Acer Ginnala Norway Maple Acer Platanoides Emerald Lustre Maple Acer Platanoides Pond Red Sunset Maple Acer Rubrum Royal Red Maple Acer Platanoides ‘Royal Red’ Sensation Boxelder Maple Acer Negundo Swamp White Oak Quercus Bicolor Bur Oak Quercus Macrocarpa Autumn Blaze Pear Pyrus Calleryana Redspire Pear Pyrus Calleryana ‘Redspire’ Newport Plum Prunus Cerasifera Globe Willow Salix Matsudana Golden Weeping Willow Salix Alba - 16 16 SHRUBS: Acrer ginnala Amur Maple Amelanchier alnifolia Saskatoon Serviceberry Amelanchier Canadensis Shadowblow Serviceberry Aronia melanocarpa Chokeberry Cargana frutex Russian Peashrub Caryopteris incana Bluemist Spirea Cercocarpus ledifolius Curleaf Mountain Mahogany Cercocarpus montanus Mountain Mahogany Cornus sericea Dogwood varieties (Varieties: Red Twig, Colorado Red Osier, Kelsey’s Dwarf and Yellow Twig) Cotoneaster acutifolia Peking Cotoneaster Cotoneaster apiculata Cranberry Cotoneaster Cotoneaster horizontalis Rock Cotoneaster Euonymus alatus compacta Dwarf Burning Bush Forsythia intermedia Lynwood Gold Forsythia Jamesia americana Waxflower Lonicera tatarica Tatarian Honeysuckle varieties Lonicera involucrate Twinberry Honeysuckle Ligustrum vulgare Common Privet varieties Mahonia aquafolium Oregon Grape Holly Physocarpus opulifolis Ninebark Potentilla fruticosa var. Potentilla varieties Physocarpus opulifolia Ninebark Prunus besseyi Western Sandcherry Prunus cistena Purpleleaf Sandcherry Prunus tomentosa Nanking Cherry Prunus virginiana Green Chokecherry Ribes alpinum Alpine Currant Ribes cereum Golden Currant Ribes odoratum Yellow Flowering Currant Rhus var. Sumac varieties Sambucus pubens Red berries Artemesia tridentate Big Sage Chrysothamnus sp. Rabbitbrush Shepherdia argentia Silver buffaloberry Rosa foetida bicolor Austrian copper rose Rosa harisonii Harrison Yellow Rose Rosa hugonis Father Hugo’s Rose Rosa rugosa Rugosa Rose Salix purpurea ‘Nana’ Arctic Blue Willow Spirea bumalda Spirea varieties (Varieties: Anthony Waterer and Froebel) Spiraea vanhouttei Bridalwreath spirea Symphoricarpos orbiculatus Red Coralberry Symphoricarpos ablus Snowberry Syringa culgaris Common Lilac (purple and white) Vibernum dentatum Arrowwood Vibernum Vibernum lantana Wayfaring Tree Vibernum Vibernum lentago Nannyberry Vibernum Vibernum opulus ‘Roseum’ Snowball Vibernum Juniperus chinensis Pfitzer Juniper varieties Juniperus Sabina Savin Juniper varieties Juniperus horizontalis Horizontal Juniper varieties Exhibit M Planned Unit Development Guide Planned Unit Development Guide October 19, 2018 BACKGROUND .......................................................................................................... 2 1 ZONE DISTRICT 1 - BUSINESS PARK .............................................................. 3 1.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 3 1.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 3 1.3 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 1 - BUSINESS PARK ................................................................... 3 1.4 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 1 - BUSINESS PARK .................................................................... 3 2 ZONE DISTRICT 2 - RESIDENTIAL .................................................................... 4 2.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 4 2.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 4 2.3 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 2 - RESIDENTIAL ....................................................................... 5 2.4 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 2 - RESIDENTIAL ........................................................................ 5 2.4.1 Single Family Dwelling Units ............................................................................................................. 5 2.4.2 Attached Dwelling Unit ..................................................................................................................... 5 2.4.3 Eco Efficiency Homes (Eco Homes) ................................................................................................... 6 2.4.4 Cohousing Unit ................................................................................................................................. 7 2.4.5 Residential Rental Units .................................................................................................................... 7 2.4.6 Home office/business ....................................................................................................................... 7 2.4.7 Neighborhood Community Center .................................................................................................... 7 3 ZONE DISTRICT 3 - COMMUNITY SERVICE FACILITY OR RESIDENTIAL .... 8 3.1 COMMUNITY SERVICE FACILITY GENERAL PURPOSE AND INTENT ......................................................................... 8 3.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 8 3.3 PERMITTED “BY RIGHT” COMMUNITY SERVICE FACILITY USES IN ZONE DISTRICT 3 ................................................. 8 3.4 DEVELOPMENT STANDARDS FOR COMMUNITY SERVICE FACILITY USES IN ZONE DISTRICT 3 ...................................... 8 4 ZONE DISTRICT 4 - HILLSIDE OPEN SPACE ................................................... 9 4.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 9 4.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 9 4.3 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 4 - HILLSIDE OPEN SPACE ........................................................... 9 4.4 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 4 - HILLSIDE OPEN SPACE ........................................................... 9 5 ZONE DISTRICT 5 - ACCESS/UTILITIES/PARKING ....................................... 10 5.1 GENERAL PURPOSE AND INTENT ................................................................................................................. 10 5.2 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 5 - ACCESS/UTILITIES/PARKING ................................................ 10 5.3 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 5 - ACCESS/UTILITIES/PARKING ................................................. 10 Flying M Ranch Planned Unit Development Guide October 19, 2018 2 6 PLANNED UNIT DEVELOPMENT FLOOR AREA AND DENSITY ................... 10 6.1 ZONE DISTRICT 1 – BUSINESS PARK ............................................................................................................. 10 6.2 ZONE DISTRICT 2 – RESIDENTIAL ................................................................................................................. 11 6.3 ZONE DISTRICT 3 – COMMUNITY SERVICE FACILITY OR RESIDENTIAL .................................................................. 11 6.4 ZONE DISTRICT 4 – HILLSIDE OPEN SPACE .................................................................................................... 11 6.5 ZONE DISTRICT 5 – ACCESS/UTILITIES/PARKING ............................................................................................ 11 7 DEFINITIONS .................................................................................................... 12 8 ARCHITECTURAL AND SITE PLAN REVIEW .................................................. 15 Background The Flying M Ranch Planned Unit Development is composed of a mix of potential single-family homes, multi-family homes, business park, and community service facility uses. In general, the intent is to provide market driven flexibility for how each parcel is developed, while addressing the density, allowed uses, dimensional requirements, and development standards for each use. The Flying M Ranch P.U.D. proposes to establish “Zone Districts” with accompanying regulations. Development within the Flying M Ranch P.U.D. shall be governed by the regulations and development standards set forth in this Flying M Ranch P.U.D. Guide. Provisions for subdivision, use restrictions, standards, and density are set forth in the following Zone Districts: Zone District 1 - Business Park Zone District 2 - Residential Zone District 3 - Community Service Facility or Residential Zone District 4 - Hillside Open Space Zone District 5 - Access/Utilities/Parking Effect of Garfield County Land Use and Development Code. The provisions of the Garfield County Land Use and Development Code and the successors thereof as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Flying M Ranch Planned Unit Development Zone Regulations. The provisions of the Flying M Ranch P.U.D. Guide, as amended, shall prevail and govern the development of Flying M Ranch P.U.D. provided, however, where the provisions of the Flying M Ranch P.U.D. Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions and uses established herein shall take precedence over definitions and uses established in the Garfield County Land Use and Development Code, as amended, whenever these regulations are applicable to the Flying M Ranch P.U.D. It is intended that for the Flying M Ranch P.U.D. Zone Districts 1 through 5, the permitted uses listed in the descriptions for each Zone District will also include Flying M Ranch Planned Unit Development Guide October 19, 2018 3 all uses by right permitted within the Garfield County Zone District known as Rural, as such uses are described in the Garfield County Land Use and Development Code, as amended. At such time, however, as any portion of the property comprising The Flying M Ranch P.U.D. is subdivided as evidenced by the recording with the Clerk and Recorder of Garfield County of a final, signed, approved subdivision plat for any such portion of the property, any right to use such platted portion of the property for any additional uses permitted by the Rural zoning shall automatically terminate, and such platted property shall be zoned only for the permitted uses specifically described in Zone Districts 1 through 5 following: 1 Zone District 1 - Business Park 1.1 General Purpose and Intent Zone District 1 - Business Park is an area specially designated to accommodate a mix of business uses as identified in the permitted "By Right" uses listed below. Zone District 1 - Business Park is designed to provide business locations that adjoin and are compatible with existing businesses in the area and provide direct access to County Road 154 and Colorado State Highway 82. A limited number of dwelling units are also permitted as a “By Right” use to promote a live/work opportunity for those employed within the business park. 1.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 1.3 Permitted “By Right” Uses in Zone District 1 - Business Park Veterinary clinic, kennel, riding stable, vehicle and equipment repair business, storage facility, mini storage facility, professional office, retail/wholesale business, service business, fabrication business, eating or drinking establishment, laundromat, car wash, parking lot or parking garage, park and ride, recycling collection center, bus stop, business park residential dwelling unit, and accessory uses that are associated with and supportive, secondary, and subordinate to the permitted uses in Zone District 1 - Business Park. 1.4 Development Standards for Zone District 1 - Business Park All use of property in the Zone District 1 - Business Park shall conform to the following standards: Flying M Ranch Planned Unit Development Guide October 19, 2018 4 - Minimum lot size: 20,000 SF - Maximum Building Height: 35’ - Maximum Lot Coverage: 50% - Minimum Front Setback: 25’ - Minimum Rear Setback: 5’ - Minimum Side Setback: 5’ - Residential Parking: A minimum of 2 off street parking spaces must be provided for each dwelling unit; this requirement may be satisfied by a garage, driveway, or parking space. - Non-Residential Parking: A minimum of 1 off street parking space must be provided for each 500 SF of non-residential structure excluding mini storage. Mini storage will require 1 off street parking space per 2,000 SF of structure. This requirement may be satisfied within a garage or surface parking area. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: Open Space for the Zone District 1 - Business Park is encouraged to be concentrated adjacent to Flying M Ranch Road. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 2 Zone District 2 - Residential 2.1 General Purpose and Intent The purpose of this district is to provide a neighborhood comprised of well planned residential dwellings that are designed specifically in their location to provide a quality living environment in close proximity to the Roaring Fork River corridor pedestrian path with connections to the adjoining Flying M Ranch neighborhoods and the Riverview School. 2.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. Flying M Ranch Planned Unit Development Guide October 19, 2018 5 2.3 Permitted “By Right” Uses in Zone District 2 - Residential Single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home (eco home), cohousing unit, residential rental unit, home office/business, outdoor recreation, neighborhood community center, community gardens, bus stop, and accessory uses. 2.4 Development Standards for Zone District 2 - Residential All use of property in the Zone District 2 - Residential shall conform to the following standards: 2.4.1 Single Family Dwelling Units - Minimum Lot Size: 5,000 SF - Maximum Building Height: 35’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 20’ - Minimum Rear Setback: 20’ - Minimum Side Setback: 7’ - Parking: A minimum of 2 off street parking spaces must be provided for each residential structure; this requirement may be satisfied by a garage, driveway, or parking space. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: Open Space for Single Family Dwelling Units in Zone District 2 – Residential is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. 2.4.2 Attached Dwelling Unit - Minimum Lot Area Per Unit: 2,000 SF - Maximum Building Height: 35’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 15’ - Minimum Rear Setback: 15’ - Minimum Side Setback: 7’ For purposes of setback calculations, only those attached dwelling units that do not share a common wall with an adjacent attached dwelling unit need to observe the required side yard setback. Flying M Ranch Planned Unit Development Guide October 19, 2018 6 - Parking: A minimum of 2 off street parking spaces must be provided for each dwelling unit; this requirement may be satisfied by a garage, driveway, or parking space. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space Open Space for Attached Dwelling Units in Zone District 2 – Residential is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 2.4.3 Eco Efficiency Homes (Eco Homes) - Minimum Lot Size: 600 SF - Maximum building Height: 25’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 0’ - Minimum Rear Setback: 4’ - Minimum Side Setbacks: 0’ and 10’ Minimum Side Setbacks required for the Eco-Efficiency Home development shall include a zero foot interior side lot line setback, while maintaining a ten-foot setback on the other side. A five-foot wide maintenance easement shall be provided on the parcel adjacent to the zero foot property line which, with the exception of fences, shall be kept clear of structures. - Parking: Minimum of 2 off-street parking spaces per dwelling unit must be provided. This requirement may be satisfied by a garage, driveway. or parking space. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space Open Space for Attached Dwelling Units in Zone District 2 – Residential is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. Flying M Ranch Planned Unit Development Guide October 19, 2018 7 2.4.4 Cohousing Unit - Cohousing Units must meet the standards of 2.4.1 Single Family Dwelling Units, 2.4.2 Attached Dwelling Units, or 2.4.3 Eco Efficiency Homes. 2.4.5 Residential Rental Units - Residential Rental Units must meet the standards of 2.4.1 Single Family Dwelling Units, 2.4.2 Attached Dwelling Units, or 2.4.3 Eco Efficiency Homes. 2.4.6 Home office/business - Any use for profitable or charitable purposes carried on as an Accessory Use within a residential dwelling unit that does not create the appearance of a commercial activity and meets the standards of 2.4.1 Single Family Dwelling Units, 2.4.2 Attached Dwelling Units, or 2.4.3. Eco Efficiency Homes. 2.4.7 Neighborhood Community Center, for use by residents only - Minimum Lot Size: 5000 SF - Maximum Floor Area: 1800 SF - Maximum building Height: 35’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 25’ - Minimum Rear Setback: 25’ - Minimum Side Setbacks: 10’ - Parking: A minimum of 1 off street parking space must be provided for each 500 SF of community service facility structure; this requirement may be satisfied within a garage and/or surface parking area. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. Flying M Ranch Planned Unit Development Guide October 19, 2018 8 3 Zone District 3 - Community Service Facility or Residential Zone District 3 is intended to provide opportunities for community services and residential neighborhoods to coexist in a compatible way and to provide some flexibility for these uses as markets demand and needs arise. In general, the community services that Zone District 3 focuses on are those related to continuous care for the elderly, education facilities, and associated activities. For specifics related to community service facilities in Zone District 3 see sections 3.1 through 3.4 below. For specifics related to residential uses in Zone District 4 refer to section 2.1 through 2.4 above. 3.1 Community Service Facility General Purpose and Intent A Community Service Facility is a structure where community services and related activities are provided. The purpose of this zoning category is to accommodate a range of community services and related activities as identified in the permitted "By Right" uses listed below. The intent of the Community Service Facilities in Zone District 3 is to provide appropriate locations for community services and related activities that are compatible with adjacent uses and promote a cohesive plan for the community. Zone District 3 is designed to provide an attractive setting for community services and related activities with an opportunity for connections to the adjoining Flying M Ranch neighborhoods, Riverview School, and the Rio Grande Trail with an interconnected pedestrian system. 3.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 3.3 Permitted “By Right” Community Service Facility Uses in Zone District 3 Hospice facility, assisted living facility, educational facility, adult day care facility, child care center, outdoor educational facilities, trails, outdoor recreation, community garden, community gatherings, special events lasting less than three days, ancillary shipping and receiving, and bus stop. 3.4 Development Standards for Community Service Facility Uses in Zone District 3 All Community Service Facility uses in Zone District 3 shall conform to the following standards. - Minimum lot size: 2 Acres Flying M Ranch Planned Unit Development Guide October 19, 2018 9 - Maximum Building Height: 42’ - Maximum Lot Coverage: 50% - Minimum Front Setback: 25’ - Minimum Rear Setback: 25’ - Minimum Side Setback: 10’ - Parking: A minimum of 1 off street parking space must be provided for each 500 SF of community service facility structure; this requirement may be satisfied within a garage and/or surface parking area. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: Open Space for Attached Dwelling Units in Zone District 3 is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 4 Zone District 4 - Hillside Open Space 4.1 General Purpose and Intent The purpose and intent of Zone District 4 - Hillside Open Space is to facilitate the protection of hillside lands and to protect these lands from being used for purposes other than as open space. 4.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 4.3 Permitted “By Right” Uses in Zone District 4 - Hillside Open Space Trails, wildlife friendly fencing, landscape, and irrigation. 4.4 Development Standards for Zone District 4 - Hillside Open Space As the focus of the Hillside Open Space Zone District is to facilitate the protection of hillside lands and to protect these lands from being used for purposes other than as open space, disturbance in this Zone District should Flying M Ranch Planned Unit Development Guide October 19, 2018 10 be minimal with a focus on revegetation of disturbed areas with low water using, indigenous or compatible plant materials. There will be no residential, business, or community service facility structures in Zone District 4 - Hillside Open Space. Access, utilities, and parking for residential, business, and community service facilities is not allowed in Zone District 4 - Hillside Open Space. 5 Zone District 5 - Access/Utilities/Parking 5.1 General Purpose and Intent The purpose and intent of Zone District 5 - Access/Utilities/Parking is to facilitate motor vehicle, pedestrian, and bicycle ingress and egress, motor vehicle parking, the placement of underground utility lines, the implementation of landscape and irrigation, the construction of retaining walls, and the continued use, repair and maintenance of these elements. 5.2 Permitted “By Right” Uses in Zone District 5 - Access/Utilities/Parking Motor vehicle roads, driveways, trails, motor vehicle parking, bicycle parking, underground utilities, landscape, irrigation, and bus stop. 5.3 Development Standards for Zone District 5 - Access/Utilities/Parking A landscape plan has been included in the Flying M Ranch P.U.D. for landscape improvements in Zone District 5 - Access/Utilities/Parking. There will be no residential, business, or community service facility structures in Zone District 5 - Access/Utilities/Parking. Access, utilities, and parking for residential, business, and community service facilities is allowed in Zone District 5 - Access/Utilities/Parking. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 6 Planned Unit Development Floor Area and Density The following are business park and community service facility floor area caps and residential dwelling unit caps per Flying M Ranch Planned Unit Development Zone Districts. 6.1 Zone District 1 – Business Park 35,000 SF Business Park Floor Area and (4) Business Park Residential Dwelling Units Flying M Ranch Planned Unit Development Guide October 19, 2018 11 6.2 Zone District 2 – Residential (96) Dwelling Units and 1,800 SF Neighborhood Community Center or Accessory Use 6.3 Zone District 3 – Community Service Facility or Residential 120,000 SF Community Service Facility or (128) Dwelling Units or Proportional mix of Community Service Facility to Residential use at a ratio of 937.5 SF Community Service Facility to (1) Dwelling Unit. 6.4 Zone District 4 – Hillside Open Space No floor area 6.5 Zone District 5 – Access/Utilities/Parking No floor area Flying M Ranch Planned Unit Development Guide October 19, 2018 12 7 Definitions Adult Day Care Facility. A facility, located in a place of residence, which provides less than 12-hour care for individuals 18 years old or older who are not related to the head of such home. Assisted Living Facility. A facility or system of housing and care that is designed for senior citizens who need assistance with daily activities, nursing care and prepared meals. Bus Stop. A place where a bus regularly stops, typically marked by a sign. Business Park. An area specially designated to accommodate a mix of business uses. Building Height. Height of building measured from existing grade to the midpoint between the ridge and eave of a gable or shed roof or to the top of a flat roof. Car Wash. A commercial establishment equipped with machines for washing motor vehicles. Child Care Center. A facility licensed by the State department, by whatever name known, that is maintained for the whole or part of a day, but less than 24 hours, for the care of 5 or more children who are 18 years of age or younger. Cohousing. An intentional community of private homes clustered around shared space. Each attached or single family home has traditional amenities, including a private kitchen. Shared spaces typically feature a common house, which may include a large kitchen and dining area, laundry, and recreational spaces. Shared outdoor space may include parking, walkways, open space, and gardens. Community Gatherings. – public gatherings including, but not limited to, weddings, wedding receptions, funerals, memorials, community meetings, and meetings and events sponsored by neighborhood groups, religious groups, philanthropic organizations, and fund raising activities. Community Service Facility. – a structure where community services and related activities are conducted. Dwelling Unit, Attached. A residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by legally divided party walls without openings such as townhouses and duplexes. Flying M Ranch Planned Unit Development Guide October 19, 2018 13 Dwelling Unit, Business Park Residential. A single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home, or cohousing unit that is supportive, secondary, and subordinate to the principal Business Park business uses. Dwelling Unit, Multi-Unit. A dwelling containing 2 or more dwelling units, not including hotels, motels, fraternity and sorority houses, and similar group accommodations. Dwelling Unit, Single Family. A building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing only 1 kitchen plus living, sanitary, and sleeping facilities. DRB – Design Review Board Eating or Drinking Establishment. An establishment for the sale and consumption of food and beverages on the premises, or with drive-thru accommodations. Eco Efficiency Home (Eco Home). A residential use that allows for single family homes under 1,000 SF with design and specifications focused on reducing energy consumption. Educational Facility. Indoor and Outdoor. Buildings, areas, and uses for instruction or research activities associated with an academic institution that has curriculum for technical or vocational training that may be, but is not limited to, kindergarten, elementary, secondary, or higher education, including residential facilities for faculty, staff, and students. Fabrication Business. A business that manufactures wholesale and retail goods form processed materials, wood, and metal working operations. Floor Area. The total habitable horizontal Floor Area of all floors in a building, measured from exterior wall to exterior wall, exclusive of unfinished basement, garage, storage area, and utility rooms. Grading. Any excavating, filling, or combination thereof. Hospice Facility. A facility designed to give supportive care to people in the final phase of a terminal illness and focus on the comfort and quality of life, rather than cure. Kennel. A commercial establishment other than a pet shop of veterinary clinic, in which adult dogs or domesticated animals are housed, groomed, bred, Flying M Ranch Planned Unit Development Guide October 19, 2018 14 boarded, or trained. Dogs used as a part of an agricultural activity are exempted from the definition. Laundromat. A commercial establishment equipped with washing machines and dryers, usually coin-operated and self-service. Lot. Any legally created parcel of land including, but not limited to, lots on a legally recorded Plat. Lot Coverage. The portion of a lot that is covered or occupied by buildings and structures. Lot coverage does not include areas such as driveways, parking, or walkways; nor does it include cantilever construction so long as the cantilever construction is at least 8 feet above the ground. Mini Storage Facility. Self-storage facilities composed of real estate with buildings divided into self-storage spaces that are rented to rental space tenants on a monthly basis for the purpose of storing tenant property only. Neighborhood Community Center. A place where people from a particular community can meet for social, educational, or recreational activities. Open Space. Any land or water area that serves specific uses of providing park and recreation opportunities, or conserving natural areas and environmental resources, or structuring urban development form, or protecting areas of agricultural, archeological or historical significance. Open Space shall not be considered synonymous with vacant or unused land or with a yard that is part of a platted lot. Outdoor Recreation. An area or facility that offers entertainment, recreation or games of skill, where any portion of the activity takes place outside and may include lighted areas for use after dusk. Park and Ride. A parking area in which drivers can leave their cars to travel on public transportation. Parking Lot or Parking Garage. A structure or a cleared area that is more or less level and is intended for parking vehicles. Professional Office. An office or clinic for the provision of professional services including, but not limited to, physicians, dentists, lawyers, realtors, architects, engineers, artists, musicians, designers, teachers, accountants, governmental services, and others, who through training are qualified to perform services of a professional nature. Flying M Ranch Planned Unit Development Guide October 19, 2018 15 Recycling Collection Center. A center for the acceptance and temporary storage of either recyclable or organic materials to be transferred to a processing or composting facility. Residential Rental Unit. A portion of or an entire single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home, or cohousing unit that can be rented out for any period of time (e.g. nightly, weekly, monthly, seasonally or long-term). Riding Stable. A defined improved area that may or may not be covered, within which equestrian activities involving horse riding, day camps, therapy, training, practice, exhibition or driving occur. Setback. The minimum horizontal distance between the front, rear, or side property line and the front, rear, or side of a structure. Special Event. Events held within the Flying M Ranch P.U.D. which include any organized activity involving the use of, or having impact upon parks, open space, sidewalks, roads or the temporary use of private property in a manner that varies from its current land use. Storage Facility. An area used for storing machinery, equipment, or other products. Trails. A linear pathway across land used for recreational, transportation, and pedestrian purposes. Use, Accessory. A use that is customarily supportive, secondary, and subordinate to a principal use on the same parcel. Vehicle Equipment and Repair. A facility used to restore to a good condition or working order, a damaged vehicle. Wildlife Friendly Fencing. Fencing designed and constructed to provide minimum impact to wildlife. 8 Architectural and Site Plan Review All developments within the Flying M Ranch P.U.D. are subject to architectural review as contained in the Flying M Ranch Design Guidelines. Exhibit N Safe Routes to Schools Map Contact: Jeff Gatlin, Chief Operating Officer at Roaring Fork Schools at jgatlin@rfschools.com or (970) 384-6000 OR Doug Pratte, Landscape Architect from The Land Studio, Inc. at (970) 927-3690 or landstudio2@comcast.net for more information and to voice your support. SAFE ROUTES TO RIVERVIEW SCHOOL PROJECT September 6, 2018 RFSD Seeks to Improve Bicycle & Pedestrian Safety for Students of new PreK-8 School in South Glenwood Springs The Roaring Fork School District (RFSD) seeks $500,000 in Colorado Safe Routes to School (CSRTS) funding to construct a safe route for students to walk or bike to the new Riverview School that serves the area of south Glenwood Springs. The 76,000-square-foot, dual language, project- based school is located 2.5 miles south of Glenwood Springs just east of the intersection of Colorado 82 and the Westbank (Garfield County Road 154). Riverview School opened in the fall of 2017 for a successful first school year with 373 (K-8) students and 45 staff members. Riverview School’s proximity to the Roaring Fork River and Glenwood Springs’ world class trail networks offers the potential for unique, outdoor, experiential education activities and healthy, convenient transportation alternatives for students travelling to school. However, gaps in pedestrian and bicycle infrastructure currently prevent students from walking and biking to Riverview School. While the Riverview School is directly connected to the regional Rio Grande Trail, there is currently no route to the Rio Grande Trail from the neighboring communities for pedestrians or bikes that RFSD considers safe for children, despite many students living close enough to walk or bike to school. A safe connection for students living north of Riverview to access the school via Rio Grande Trail is already completed. However, funding is needed to construct a bike and pedestrian route that provides connectivity to the neighborhoods south of Riverview School to the Rio Grande Trail. The proposed 1.4-mile route from the school property south includes two crossings of CR 154; connection to a portion of the existing Rio Grande Trail; a bridge crossing of the Roaring Fork River using the existing Hardwick Bridge; a crossing of CR 109; and ultimately a connection to the existing CR 109 Trail that continues 1.3 miles south, then intermittently to Carbondale. This route will provide safe access to students living in Ironbridge, Westbank, Westbank Mesa, and Teller Springs with intermittent access from Aspen Glen and the Town of Carbondale. The proposed route is the result of a participatory design process through which local landscape architect The Land Studio, Inc. worked with the RFSD, Garfield County, the Roaring Fork Transit Agency, Coloroado Parks and Wildlife, Sopris Engineering, local landowners, businesses, and other community members to find the solution that all stakeholders can best support. The estimated cost for construction of the Safe Route to Riverview School is approximately $1,500,000. Proposed funding partners for this important project include Garfield County, the Roaring Fork School District, the Roaring Fork Transit Agency, and the Garfield County Federal Mineral Lease District. It is with CSRTS funding, and the collaboration of these important partners with the stakeholders listed above, that this important connection will be completed to Riverview School. Key Partners: The success of the Riverview Safe Routes to School Project will not only depend upon a strong coalition of partners dedicated to advancing construction of the project, but also partners dedicated to promoting bike and pedestrian safety and awareness for Riverview students. RFSD seeks your support to fulfill the commitments we need to advance the project: • Qualified volunteers to teach bike and pedestrian safety; • Local businesses to provide incentives on Bike or Walk to School Day; • Local bike shops and organizations to provide bike tune-ups at Bike to School Day; • Parents to volunteer to walk and bike to school with groups of children; • Local outdoor recreation, biking, and cycling groups and associations to participate in Bike to School Encouragement events. Please join in support of the Safe Routes to Riverview School project to ensure the children of south Glenwood Springs and Garfield County are able to safely walk and bike to school. Exhibit O High Country Engineering Preliminary Plan/P.U.D. Maps The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net December 14, 2018 Mr. Patrick Waller, Planner Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications Dear Mr. Waller: Enclosed are responses and supplemental information to address the request for additional materials as stated in the November 30, 2018 letter from your office. A response has been provided below with an explanation of each item identified in your letter. The following revisions/additional materials are provided: 1. Please update the draft improvements and development agreements so that they are consistent with one another and the draft phasing proposal. A revised Improvements Agreement and Development Agreement are included with this letter. 2. Please address the multi-unit use in Zone District 2 of the PUD guide. The PUD guide has been revised and is included with this letter. 3. Please provide additional information on the Residential Rental Unit use in the PUD plan guide. The PUD guide has been revised and is included with this letter. 4. Please provide further clarification of Residential uses in Zone District 3. The PUD guide has been revised and is included with this letter. The Land Studio, Inc. 2 5. Please update the Waiver from Roadway Standards with a statement indicating whether or not the roads are adequate to serve the use. An updated Waiver from Roadway Standards is included with this letter. Additionally, a revised Amended Plat of Eastbank, LLC – Lots 2 & 3 is included with this letter. Due to comments from the school district there were revisions made to the Dedication Statement. We look forward to continued efforts with you, Garfield County Community Development, the Garfield County Planning Commission, and the Garfield County Board of County Commissioners regarding this project. Best regards, THE LAND STUDIO, INC. By: Douglas J. Pratte Flying M Ranch PUD Subdivision Improvements Agreement THIS Flying M Ranch Subdivision Improvements Agreement (SIA) is made and entered into this ___ day of _________________, 2019, by and between EASTBANK, LLC, a Colorado limited liability company (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 Owner is the owner and developer of the Flying M Ranch PUD, consisting of 13 lots (the “PUD” or “Subdivision”), which property is depicted on the Flying M Ranch PUD Plan Map, recorded on _________________ at Reception Number _________________ of the real estate records of Garfield County, Colorado. (PUD Map). On _________________, 2019, the BOCC, by Resolution No. _________, recorded at Reception Number ____________of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the PUD which, among other things, would create _____________ [single-family] [multi-family] residential lots [and __________ open space/common area parcels](Preliminary Plan Approval). On _________________, 2019, the BOCC, by Resolution No. _________, recorded at Reception Number ____________of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a final plat for Phase 1 of the PUD (“Phase 1 Final Plat”) which, among other things, creates _____________ [single-family] [multi-family] residential lots [and __________ open space/common area parcels]. As a condition precedent to the approval of the Phase 1 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. Owner has agreed to execute and deliver 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. The real property subject to this SIA is described in that Phase 1 Final Plat, recorded at Reception Number of the real estate records of Garfield County, Colorado and incorporated by this reference. 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. PHASE 1 FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Phase 1 Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the LUDC and any other governmental or quasi-governmental regulations applicable to the PUD (Phase 1 Final Plat Approval). Recording of Page 2 of 10 the Phase 1 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 associated with Phase 1 of the PUD, and identified in the Exhibits defined in subparagraph 2.a.i., below (Subdivision Improvements) at Owner’s expense, including payment of fees required by Garfield County and/or other governmental and quasi-governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements [IF REVEGETATION REQUIRED: except for revegetation,] shall be completed on or before the end of the first full year following execution of this SIA (Completion Date), in substantial compliance with the following: i. Plans marked “Approved for Construction” for all Subdivision Improvements prepared by ________________________ and submitted to the BOCC on _______________, 20____, 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 Phase 1 Final Plat under pertinent sections of the LUDC (Phase 1 Final Plat Documents). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi-governmental authority (ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; 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 Preliminary Plan Approval with respect to the lots contained in the Phase 1 Final Plat, the Phase 1 Final Plat Documents and the LUDC, 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 [IF REVEGETATION REQUIRED: other than revegetation,] Owner shall deliver to the BOCC, on or before the date of recording of the Phase 1 Final Plat of the Subdivision, a form of security deemed adequate by the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (Security) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The Security shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements [and] [revegetation], with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [minus $( cost of completed improvements ), the cost of Subdivision Improvements already completed as of the date of execution of this SIA, i.e. $( reduced amount )], as set forth and certified by Owner’s Engineer on Exhibit B Page 3 of 10 [or B-1], if separate documents], to guarantee completion of the Subdivision Improvements. The Security 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. Security Requirements and Plat Recording. The Phase 1 Final Plat of the Subdivision shall not be recorded until the Security has been received by the County and approved by the BOCC. c. Extension of Security 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 Security 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 Security shall be subject to re-certification by Owner’s Engineer of the cost of completion and review by the BOCC. d. Unenforceable Security. Should the Security expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Security, 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 Phase 1 Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the Security and shall do so by means of submission to the Building and Planning Department of a “Written Request for Partial Release of Security”, 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 Phase 1 Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the 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 Security 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 Security, 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: i. 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 Security, 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. Page 4 of 10 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 Security, accompanied by Owner’s Engineer’s certificate of partial completion of improvements. iii. 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 security shall be authorized for release within ten (10) business days after completion of such investigation. g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.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 Security, the BOCC may withdraw and employ from the Security 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 Security. 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 Security, in accordance with the provisions of Article 13 of the LUDC. In lieu of or in addition to drawing on the Security, 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 Security or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements, [IF REVEGETATION REQUIRED: other than revegetation,] 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 Phase 1 Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner’s Association of the Subdivision [or any statutory special district or other entity] at the time of Phase 1 Final Plat Approval [, unless escrowed in accordance with paragraph __ below]; and 3) a Written Request for Final Release of Security, 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. Page 5 of 10 i. The BOCC shall authorize a final release of the Security 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 Security accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner’s Written Request for Final Release of Security, accompanied by Owner’s Engineer’s certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC 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. Security FOR REVEGETATION (If Required). a. Revegetation Security and Substitute Collateral. [$____________ of the face amount of the Security, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision (Revegetation Security), the cost for which is detailed as a subdivision improvement in Exhibit B.] [Revegetation of disturbed areas in the Subdivision, the costs for which is detailed as a subdivision improvement in Exhibit B, shall be secured by delivery of a Letter of Credit from the Owner to the BOCC in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C-1 (Revegetation Security).] The Revegetation Security shall be valid for a minimum of two (2) years following recording of the Phase 1 Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. b. Revegetation Security General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the Revegetation Security. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan titled _____________ and dated _________________ for the Subdivision submitted [as part of the Phase 1 Final Plat Documents] [for Preliminary Plan Approval]. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Page 6 of 10 Department, as such efforts may be instituted within the two (2) years following recording of the Phase 1 Final Plat. d. Single Request for Release of Revegetation Security. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation Security and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a Written Request for Release of Revegetation Security, in the form attached to and incorporated herein by reference as Exhibit F, along with certification of completion by the Owner, or Owner’s agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation Security is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation Security and the BOCC’s associated rights to withdraw funds and bring a court action may survive final release of the Security securing other Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC’s Completion of Revegetation and Other Remedies. If Owner’s revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation Security such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation Security. In lieu of or in addition to drawing on the Revegetation Security, the BOCC may bring an action for injunctive relief or damages for the Owner’s failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation Security or filing a civil action. 5. WATER SUPPLY [AND WASTEWATER COLLECTION]. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water [, fire protection][non-potable irrigation water][and a wastewater/sewer collection system] in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) [and wastewater collection system] shall be as shown on the Phase 1 Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water [and wastewater] system(s), for recordation following recording of the Phase 1 Final Plat and this SIA. All facilities and equipment contained within the water supply [and wastewater collection] system(s) shall be transferred by Owner to the Homeowner’s Association of the Subdivision [Special District(s)] [municipality] by bill of sale. If a third party water [or sewer] service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Phase 1 Final Plat. The Homeowner’s Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public Page 7 of 10 utilities on the face of the Phase 1 Final Plat, subject to the Garfield County Road and Right-of-Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended. The Homeowner’s Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Phase 1 Final Plat by separate document, Owner shall execute and record the required conveyance documents. 8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Phase 1 Final Plat of the Subdivision shall be conveyed by Owner to the Homeowner’s Association at the time of Phase 1 Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for recordation following recording of the Phase 1 Final Plat and this SIA. ALTERNATE ESCROW PARAGRAPH. [If not conveyed at the time of recording of the Phase 1 Final Plat, Owner shall execute and deliver into escrow document(s) conveying the common open space parcel(s) [easement(s), greenbelt(s), park(s)], shown on the Phase 1 Final Plat to the Homeowner’s Association. The documents shall be deposited pursuant to the escrow agreement, to be executed by the Owner, the BOCC and escrow agent (Escrow Agreement), attached to and made a part of this SIA by reference as Exhibit __. Owner shall deliver to the BOCC a copy of the fully executed and recorded Escrow Agreement within a reasonable time following execution of this SIA. The special instructions of the Escrow Agreement shall provide: a. the Escrow Agent shall hold the conveyance documents until the earlier of: a) receipt of a written notice signed only by Owner notifying escrow agent that the work required of the Owner in this SIA has been completed and approved as complete by the BOCC; or b) receipt of a written notice signed only by the BOCC stating that Owner has failed to comply with the terms and conditions of this SIA; or c) the Completion Date for Subdivision Improvements, specified in paragraph 2, above, or as extended in accordance with paragraph __ of this SIA; and b. upon the first to occur of the foregoing events, the escrow agent shall cause the conveyance documents to be recorded in the records of the Garfield County Clerk and Recorder.] 9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner’s installation of the Subdivision Improvements [including off-site improvements and revegetation] and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or 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. 10. 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. 11. SCHOOL LAND DEDICATION / FEE-IN-LIEU. The BOCC has waived Owner’s formal dedication / fee-in-lieu requirements pursuant to Section 7-404 with consent from the RE-1 School Page 8 of 10 District. To satisfy any remaining obligations to RE-1, Owner and RE-1 have entered into that certain Agreement dated ____________. 12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Phase 1 Final Plat in the records of the Garfield County Clerk and Recorder. 13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the ___________________ Fire Protection District (District), if the Fire District has so required, that there is adequate water available to the construction site for the District’s purposes [and all applicable District fees have been paid to the District]. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements [, except revegetation][and including off-site improvements,] have been completed and are operational as required by this SIA. [If applicable, Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit __, concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA.] 14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Phase 1 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 Phase 1 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 Phase 1 Final Plat, or portions thereof, by resolution. [It is specifically agreed that this paragraph __ applies to the Subdivision as a multi-phased project and, therefore, in the event the BOCC vacates the Phase 1 Final Plat as to the Subdivision, subject of this SIA, the BOCC may also withhold approval of a proposed Phase 1 Final Plat for a future phase, if Subdivision Improvements [, including off-site improvements,] [and revegetation,] covered by this SIA are not completely installed and operable.] 15. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Phase 1 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. 16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. Page 9 of 10 18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: ______________________________ ______________________________ ______________________________ ______________________________ with Copy to: ______________________________ ______________________________ ______________________________ ______________________________ BOCC: 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 19. AMENDMENT AND SUBSTITUTION OF Security. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 20. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. 22. FUTURE PHASES. Owner and the BOCC shall enter into subsequent Subdivision Improvement Agreements in substantially similar form to this SIA for future phases of the PUD upon approval of the final plats for subsequent phase(s). IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Phase 1 Final Plat Approval for the Subdivision. Page 10 of 10 BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO ____________________________________ By: __________________________________________ Clerk to the Board Chairman Date: __________________________ OWNER: Eastbank, LLC By: _________________________________ ____________________________________ (Name and Title) Date: __________________________ STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by ________________________, an authorized representative of Eastbank, LLC, Owner of the Subdivision, this ___ day of __________________, 2019. WITNESS my hand and official seal. My commission expires: ____________________________ _______________________________ Notary Public Page 1 of 6 DEVELOPMENT AGREEMENT FLYING M RANCH UNIT DEVELOPMENT THIS AGREEMENT is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD (the “County”), EASTBANK, LLC, a Colorado limited liability company (“Developer”). The County and Developer may hereinafter be referred to collectively as the “Parties.” WITNESSETH: A. Developer is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 (“Developer’s Property”). B. By Resolution No. 2019-___, which was approved in a public hearing before the Garfield County Board of County Commissioners on ______________________ and memorialized in a Resolution signed on _______________________, recorded in the real property records of Garfield County as Reception No. ____________________, the Garfield County Board of County Commissioners (the “Board”) approved the Flying M Ranch Planned Unit Development (the “FMR PUD”). The FMR PUD contemplates residential and commercial uses with significant active and passive open space areas (the “Project”), as documented in Resolution ________, recorded in the real property records of Garfield County as Reception No. ______________ and incorporated by this reference. C. The FMR PUD contemplates multiple phases of development for the Project, wherein each phase will require final plat approval. D. The FMR PUD provides that the first phase of development of the Project will consist of Parcel A (Lots A1, A2, A3, and A4), Parcel B, and Parcel D of the Flying M Ranch PUD (together “Phase 1”). E. The FMR PUD provides that the start of construction for each phase is based on the date of approval of each final plat; provided, however, that the final plats for all phases of the Project are approved no later than fifteen (15) years after the date of approval of the Phase 1 Final Plat (the “Phasing Plan”). F. The County has considered and approved the application for approval of the final plat of Phase I (“the Phase 1 Final Plat”) and the request to approve this Development Agreement, after notice and public hearing as required by law, and pursuant to the requirements of ___________________ of the Garfield County Land Use and Development Code (2019) (the “Code”). The County finds and determines that the Phase 1 Final Plat constitutes a “Site Specific Development Plan,” as that term is defined in C.R.S. § 24-68-102(4)(a) and Section 2-202(B) of the CODE. G. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the “Statute”) and the Code provide for the establishment of vested property rights in order to advance the purposes stated Page 2 of 6 therein, and authorize the County to enter into development agreements with landowners providing for vesting of property development for periods greater than three (3) years. H. Development of the Property in accordance with the FMR PUD, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide significant trails and open space, promote diversity of housing stock, ensure reasonable certainty and stability in the land use planning process, stimulate economic growth within the County, and otherwise achieve the goals and purposes of the Statute and Code. I. Development of the Property will also require substantial investments in infrastructure improvements and public facilities, both on the Property and outside the Property, which will serve the needs of the Property and the County. Such investments can be supported only with assurances that development of the Property can proceed to ultimate completion as provided in the Project Plans and this Agreement. J. In exchange for the foregoing benefits and other benefits to the County contemplated by this Agreement, together with the public benefits served by orderly and well-planned development of the Property, Developer desires to receive vested property rights in the Project Plans in accordance with this Agreement. K. The mutual promises, covenants, and obligations contained in this Agreement are authorized by the statutes of the State of Colorado and the laws of the County. NOW, THEREFORE, in consideration of the promises cited above and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the County and Developer agree as follows: 1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and correct, and those recitals are hereby incorporated into the body of this Agreement. 2. General Provisions. a. Scope. The terms and conditions of this Agreement shall apply to the Property. b. Phasing. Construction of the Project is anticipated to occur in up to _______ phases, with Phase 1 being the initial phase of the Project, and construction of subsequent phases occurring in accordance with the Phasing Plan set forth in the FMR PUD. 3. Vesting of Certain Property Rights. The County and Developer hereby agree that Developer shall have a vested property right to the extent provided in this Agreement to undertake and complete development and use of the Property. a. Intent of Vesting System. The vesting system set forth in this Section 3 balances the County's obligation to protect the public health, safety and welfare of the community and its desire to facilitate the highest quality development with Developer’s private Page 3 of 6 property rights and Developer's need to rely on County approvals to achieve an economically viable project. b. Overview of Vesting System. i. Nature of Vested Rights. During the term of vested rights set forth in Section 3(d) below, Developer will have the right to develop uses at such densities and in the general locations on the Property described in the approved Project Plans. Upon County approval of any future final plats that are approved for the various phases of the Project, such plats shall automatically be entitled to the same vested rights as have been granted herein for the same period of vesting which remains under this Agreement. c. Rights That Are Vested. The rights identified herein or as may hereafter be acquired by operation of any state or local vested property rights law shall constitute vested property rights under this Agreement and shall not be taken by the County without just compensation. These rights include the following: i. No Downzoning. The maximum number of residential dwelling units and acres for residential use, and the total gross acres and floor area for non- residential uses, as set forth in the Project Plans are hereby vested. ii. Uses, Densities and Locations. The right to develop the Property in accordance with the uses, densities, and general locations set forth in the Project Plans is hereby vested. iii. Site Development Standards. The right to develop the Property in accordance with the design standards, development standards, and terms and conditions set forth in the Project Plans and the resolutions of the Board approving the same is hereby vested. iv. Timing of Development. The right to commence and complete development of the Property at such time in such order and at such rate as set forth in the Phasing Plan of the FMR PUD. This provision of this Agreement supersedes any County rules or regulations that require development to be commenced or completed in any specific time frame. v. Subsequent Approvals. The right to receive all County approvals necessary for development of the Project provided that subsequent final plat submittals or applications for other approvals comply with this Agreement and the Project Plans, and all applicable standards and regulations, including then-current duly- adopted, generally applicable regulations. vi. Site Specific Development Plan. As to the matters vested under this Agreement and the Project Plans, including any future final plats that are approved by the County for the various phases of the Project, shall be considered a site-specific development plan for the purposes of the Statute and Section 2-202 of the Code. The following statement is provided to satisfy the requirements of Section 2-202(D)(2) of the Code: Page 4 of 6 Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S. as amended. vii. Term of Vested Rights. In recognition of the size of the Project contemplated by this Agreement and the Project Plans, the time required to complete the Project, the need to proceed in phases, and varying economic cycles and market conditions likely to occur during the course of development of the Project, the County agrees that the rights identified as vested rights in this Section 3 shall be vested for a period of fifteen (15) years from the effective date of the County’s approval of this Agreement. viii. Adoption, Notice, and Effective Date. The County has adopted this Development Agreement as a legislative act subject to referendum, as required by C.R.S. § 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(1)(c), within 14 days from the date hereof, the County shall cause to be published in a newspaper of general circulation within the County, a notice advising the general public of the approval of the Phase 1 Final Plat as a Site-Specific Development Plan and the creation of vested property rights pursuant to this Development Agreement and C.RS. §§ 24- 68-101 et. seq. The effective date of the County’s approval of this Development Agreement shall be the date of said publication. 4. No Obligation to Develop. Notwithstanding anything to the contrary contained in this Agreement and the Project Plans, Developer shall have no obligation to develop all or any portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase 1 as the same may be amended. 5. Severability. If any provisions or parts of this Agreement are judged unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the remaining parts of this Agreement, the intention being that the various parts and provisions hereof are severable. 6. Recording of Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder at Developer's expense and shall be a covenant running with and against all the property, property rights, and improvements contained within the Property described in Exhibit 1.in order to put prospective owners, purchasers, successors, assigns, and others acquiring any interest in the Property on notice as to the terms and obligations herein. 7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding upon Developer’s heirs, successors, assigns, transferees, and any other person or entity acquiring or purchasing any interest in any of the Property. 8. Notice. Any notice to Developer or the County, which may be given under the terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent certified U.S. Mail and first class mail, postage prepaid, addressed as follows: TO DEVELOPER: Eastbank, LLC _______________ Page 5 of 6 _______________ TO THE COUNTY: Garfield County Board of County Commissioners Attn: Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Phone: 970-945-8212 Fax: 970-384-3470 The Parties shall provide notice of any change in the above-referenced information. 9. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado 10. Counterparts. This Agreement may be executed in counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement, the Parties have set their hands below on this day of 2018. DEVELOPER: EASTBANK, LLC, a Colorado Limited Liability Company By: Name: Its: COUNTY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Name: Page 6 of 6 Its: 1517 Blake avenue, suite 101 Glenwood Springs, CO 81601 970-945-8676 • phone 970-945-2555 • fax www.hceng.com An Employee-Owned Company December 3, 2018 Patrick Waller, Planner Garfield County Building & Planning Department 108 8th St. Suite 401 Glenwood Springs, CO 81601 RE: Flying M Ranch – PUD and Preliminary Plan Application – Eastbank, LLC – Garfield County File Numbers SPAA-08-18-8675, PUDA-08-18-8676 Engineer’s Technical Explanation of the Waiver Requests 4-118 Waiver of Standards A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Roadway Standards Table 7-107 of the Garfield County Land Use Code establishes roadway standards for roads based on design capacity in Average Daily Traffic (ADT). These waivers are to represent what road standard waivers are required for lots A1-4 to access County Road 154. The main subdivision road, Flying M Ranch, intersects directly with County Road 154. It is within a 60’ access and utility easement. This road provides an access way for lots A1-4 within Flying M Ranch Planned Unit Development (PUD). The access way runs through a parking lot aisle 30’ in width that loops around the existing Equine Center to an aisle 24’ in width back to Flying M Ranch Road. This access way also continues north up to a shared ingress and egress access way easement (Reception No. 867041) located on FedEx and is between 43’-57’ in width. The internal road is effectively an intersection with the FedEx road and we have added a stop sign at this location. The shared access way intersects with County Road 154 and is approximately 30’ in width. The access way for lots A1-4 would fit the “rural access” classification per the Garfield County Land Use Code, according the 181 ADT provided in the FHU Traffic Impact Assessment. This ADT was based on the assumption of constructing a general office building, mini-warehouse and multifamily housing. Civil Engineering engineering Land Surveying The access way through lots A1-4 from Flying M Ranch Road to the shared ingress and egress access way on FedEx requires a design waiver in a number of categories assuming the rural access classification with Table 7-107. The existing access way does not have a minimum 50’ ROW width or 2’ wide shoulders due to the parking lot and existing structures. Ditches are not realistic throughout portions of the access way but lots A1-4 have agreed to detain their own drainage. The horizontal radius at the shared access way with FedEx is approximately 10’ radius. The design standard is to allow for a minimum radius of 80’. With the acceptance of these waivers, HCE believes the access way for lots A1-4 provides adequate access for the lots to access County Road 154 or Flying M Ranch road. Sincerely, Roger Neal, P.E. Project Manager HIGH COUNTRY ENGINEERING, INC. Planned Unit Development Guide Prepared October 19, 2018 - Revised December 6, 2018 BACKGROUND ..................................................................................................................................... 2 1 ZONE DISTRICT 1 - BUSINESS PARK ........................................................................................ 3 1.1 GENERAL PURPOSE AND INTENT ............................................................................................... 3 1.2 PLANNED UNIT DEVELOPMENT MAP .......................................................................................... 3 1.3 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 1 - BUSINESS PARK ......................................... 3 1.4 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 1 - BUSINESS PARK ......................................... 3 2 ZONE DISTRICT 2 - RESIDENTIAL ............................................................................................. 4 2.1 GENERAL PURPOSE AND INTENT ............................................................................................... 4 2.2 PLANNED UNIT DEVELOPMENT MAP .......................................................................................... 4 2.3 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 2 - RESIDENTIAL .............................................. 4 2.4 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 2 - RESIDENTIAL .............................................. 5 2.4.1 Single Family Dwelling Units ............................................................................................. 5 2.4.2 Attached Dwelling Unit/Multi-Unit Dwelling Unit ................................................................ 5 2.4.3 Eco Efficiency Homes (Eco Homes) .................................................................................. 6 2.4.4 Cohousing Unit .................................................................................................................. 6 2.4.5 Home office/business ........................................................................................................ 6 2.4.6 Neighborhood Community Center, for use by residents only ............................................ 7 2.5 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 2 - RESIDENTIAL RENTAL UNITS ....................... 7 3 ZONE DISTRICT 3 - COMMUNITY SERVICE FACILITY OR RESIDENTIAL .............................. 7 3.1 COMMUNITY SERVICE FACILITY GENERAL PURPOSE AND INTENT ................................................ 8 3.2 PLANNED UNIT DEVELOPMENT MAP .......................................................................................... 8 3.3 PERMITTED “BY RIGHT” COMMUNITY SERVICE FACILITY USES IN ZONE DISTRICT 3 ..................... 8 3.4 PERMITTED “BY RIGHT” RESIDENTIAL USES IN ZONE DISTRICT 3 ................................................ 8 3.5 DEVELOPMENT STANDARDS FOR COMMUNITY SERVICE FACILITY USES IN ZONE DISTRICT 3 ........ 8 4 ZONE DISTRICT 4 - HILLSIDE OPEN SPACE ............................................................................ 9 4.1 GENERAL PURPOSE AND INTENT ............................................................................................... 9 4.2 PLANNED UNIT DEVELOPMENT MAP .......................................................................................... 9 4.3 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 4 - HILLSIDE OPEN SPACE ................................ 9 4.4 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 4 - HILLSIDE OPEN SPACE ............................... 9 5 ZONE DISTRICT 5 - ACCESS/UTILITIES/PARKING ................................................................. 10 5.1 GENERAL PURPOSE AND INTENT ............................................................................................. 10 5.2 PERMITTED “BY RIGHT” USES IN ZONE DISTRICT 5 - ACCESS/UTILITIES/PARKING ...................... 10 5.3 DEVELOPMENT STANDARDS FOR ZONE DISTRICT 5 - ACCESS/UTILITIES/PARKING ..................... 10 6 PLANNED UNIT DEVELOPMENT FLOOR AREA AND DENSITY ............................................. 10 6.1 ZONE DISTRICT 1 – BUSINESS PARK ....................................................................................... 11 6.2 ZONE DISTRICT 2 – RESIDENTIAL ............................................................................................ 11 6.3 ZONE DISTRICT 3 – COMMUNITY SERVICE FACILITY OR RESIDENTIAL ........................................ 11 6.4 ZONE DISTRICT 4 – HILLSIDE OPEN SPACE ............................................................................. 11 6.5 ZONE DISTRICT 5 – ACCESS/UTILITIES/PARKING ...................................................................... 11 7 DEFINITIONS .............................................................................................................................. 12 8 ARCHITECTURAL AND SITE PLAN REVIEW ........................................................................... 15 Flying M Ranch Planned Unit Development Guide December 6, 2018 2 Background The Flying M Ranch Planned Unit Development is composed of a mix of potential single-family homes, multi-family homes, business park, and community service facility uses. In general, the intent is to provide market driven flexibility for how each parcel is developed, while addressing the density, allowed uses, dimensional requirements, and development standards for each use. The Flying M Ranch P.U.D. proposes to establish “Zone Districts” with accompanying regulations. Development within the Flying M Ranch P.U.D. shall be governed by the regulations and development standards set forth in this Flying M Ranch P.U.D. Guide. Provisions for subdivision, use restrictions, standards, and density are set forth in the following Zone Districts: Zone District 1 - Business Park Zone District 2 - Residential Zone District 3 - Community Service Facility or Residential Zone District 4 - Hillside Open Space Zone District 5 - Access/Utilities/Parking Effect of Garfield County Land Use and Development Code. The provisions of the Garfield County Land Use and Development Code and the successors thereof as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Flying M Ranch Planned Unit Development Zone Regulations. The provisions of the Flying M Ranch P.U.D. Guide, as amended, shall prevail and govern the development of Flying M Ranch P.U.D. provided, however, where the provisions of the Flying M Ranch P.U.D. Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions and uses established herein shall take precedence over definitions and uses established in the Garfield County Land Use and Development Code, as amended, whenever these regulations are applicable to the Flying M Ranch P.U.D. It is intended that for the Flying M Ranch P.U.D. Zone Districts 1 through 5, the permitted uses listed in the descriptions for each Zone District will also include all uses by right permitted within the Garfield County Zone District known as Rural, as such uses are described in the Garfield County Land Use and Development Code, as amended. At such time, however, as any portion of the property comprising The Flying M Ranch P.U.D. is subdivided as evidenced by the recording with the Clerk and Recorder of Garfield County of a final, signed, approved subdivision plat for any such portion of the property, any right to use such platted portion of the property for any additional uses permitted by the Rural zoning shall automatically Flying M Ranch Planned Unit Development Guide December 6, 2018 3 terminate, and such platted property shall be zoned only for the permitted uses specifically described in Zone Districts 1 through 5 following: 1 Zone District 1 - Business Park 1.1 General Purpose and Intent Zone District 1 - Business Park is an area specially designated to accommodate a mix of business uses as identified in the permitted "By Right" uses listed below. Zone District 1 - Business Park is designed to provide business locations that adjoin and are compatible with existing businesses in the area and provide direct access to County Road 154 and Colorado State Highway 82. A limited number of dwelling units are also permitted as a “By Right” use to promote a live/work opportunity for those employed within the business park. 1.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 1.3 Permitted “By Right” Uses in Zone District 1 - Business Park Veterinary clinic, kennel, riding stable, vehicle and equipment repair business, storage facility, mini storage facility, professional office, retail/wholesale business, service business, fabrication business, eating or drinking establishment, laundromat, car wash, parking lot or parking garage, park and ride, recycling collection center, bus stop, business park residential dwelling unit, and accessory uses that are associated with and supportive, secondary, and subordinate to the permitted uses in Zone District 1 - Business Park. 1.4 Development Standards for Zone District 1 - Business Park All use of property in the Zone District 1 - Business Park shall conform to the following standards: - Minimum lot size: 20,000 SF - Maximum Building Height: 35’ - Maximum Lot Coverage: 50% - Minimum Front Setback: 25’ - Minimum Rear Setback: 5’ - Minimum Side Setback: 5’ - Residential Parking: Flying M Ranch Planned Unit Development Guide December 6, 2018 4 A minimum of 2 off street parking spaces must be provided for each dwelling unit; this requirement may be satisfied by a garage, driveway, or parking space. - Non-Residential Parking: A minimum of 1 off street parking space must be provided for each 500 SF of non-residential structure excluding mini storage. Mini storage will require 1 off street parking space per 2,000 SF of structure. This requirement may be satisfied within a garage or surface parking area. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: Open Space for the Zone District 1 - Business Park is encouraged to be concentrated adjacent to Flying M Ranch Road. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 2 Zone District 2 - Residential 2.1 General Purpose and Intent The purpose of this district is to provide a neighborhood comprised of well planned residential dwellings that are designed specifically in their location to provide a quality living environment in close proximity to the Roaring Fork River corridor pedestrian path with connections to the adjoining Flying M Ranch neighborhoods and the Riverview School. 2.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 2.3 Permitted “By Right” Uses in Zone District 2 - Residential Single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home (eco home), cohousing unit, residential rental unit, home office/business, outdoor recreation, neighborhood community center, community gardens, bus stop, and accessory uses. Flying M Ranch Planned Unit Development Guide December 6, 2018 5 2.4 Development Standards for Zone District 2 - Residential All use of property in the Zone District 2 - Residential shall conform to the following standards: 2.4.1 Single Family Dwelling Units - Minimum Lot Size: 5,000 SF - Maximum Building Height: 35’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 20’ - Minimum Rear Setback: 20’ - Minimum Side Setback: 7’ - Parking: A minimum of 2 off street parking spaces must be provided for each residential structure; this requirement may be satisfied by a garage, driveway, or parking space. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: Open Space for Single Family Dwelling Units in Zone District 2 – Residential is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. 2.4.2 Attached Dwelling Unit/Multi-Unit Dwelling Unit - Minimum Lot Area Per Unit: 2,000 SF - Maximum Building Height: 35’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 15’ - Minimum Rear Setback: 15’ - Minimum Side Setback: 7’ For purposes of setback calculations, only those attached dwelling units and multi-unit dwelling units that do not share a common wall with an adjacent attached dwelling unit need to observe the required side yard, front yard, and rear yard setbacks. - Parking: A minimum of 2 off street parking spaces must be provided for each dwelling unit; this requirement may be satisfied by a garage, driveway, or parking space. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space Flying M Ranch Planned Unit Development Guide December 6, 2018 6 Open Space for 2.4.2 Attached Dwelling Unit/Multi-Unit Dwelling Unit in Zone District 2 – Residential is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 2.4.3 Eco Efficiency Homes (Eco Homes) - Minimum Lot Size: 600 SF - Maximum building Height: 25’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 0’ - Minimum Rear Setback: 4’ - Minimum Side Setbacks: 0’ and 8’ Minimum Side Setbacks required for the Eco-Efficiency Home development shall include a zero foot interior side lot line setback, while maintaining an eight-foot setback on the other side. A five-foot wide maintenance easement shall be provided on the parcel adjacent to the zero foot property line which, with the exception of fences, shall be kept clear of structures. - Parking: Minimum of 2 off-street parking spaces per dwelling unit must be provided. This requirement may be satisfied by a garage, driveway. or parking space. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space Open Space for Attached Dwelling Units in Zone District 2 – Residential is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 2.4.4 Cohousing Unit - Cohousing Units must meet the standards of 2.4.1 Single Family Dwelling Units, 2.4.2 Attached Dwelling Units/Multi-Unit Dwelling Units, or 2.4.3 Eco Efficiency Homes. 2.4.5 Home office/business Flying M Ranch Planned Unit Development Guide December 6, 2018 7 - Any use for profitable or charitable purposes carried on as an Accessory Use within a residential dwelling unit that does not create the appearance of a commercial activity and meets the standards of 2.4.1 Single Family Dwelling Units, 2.4.2 Attached Dwelling Units/Multi-Unit Dwelling Units, or 2.4.3. Eco Efficiency Homes. 2.4.6 Neighborhood Community Center, for use by residents only - Minimum Lot Size: 5000 SF - Maximum Floor Area: 1800 SF - Maximum building Height: 35’ - Maximum Lot Coverage: 70% - Minimum Front Setback: 25’ - Minimum Rear Setback: 25’ - Minimum Side Setbacks: 10’ - Parking: A minimum of 1 off street parking space must be provided for each 500 SF of community service facility structure; this requirement may be satisfied within a garage and/or surface parking area. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 2.5 Development Standards for Residential Rental Units - Residential Rental Units must meet the standards of 2.4.1 Single Family Dwelling Units, 2.4.2 Attached Dwelling Units/Multi-Unit Dwelling Units, or 2.4.3 Eco Efficiency Homes. - A minimum of 15% of Residential Rental Units in Zone District 2 and 3 must be rented for a minimum of 30 consecutive days per lease. 3 Zone District 3 - Community Service Facility or Residential Zone District 3 is intended to provide opportunities for community services and residential neighborhoods to coexist in a compatible way and to provide some flexibility for these uses as markets demand and needs arise. In general, the community services that Zone District 3 focuses on are those related to continuous care for the elderly, education facilities, and associated activities. For specifics related to community service facilities in Zone District 3 see Flying M Ranch Planned Unit Development Guide December 6, 2018 8 sections 3.1 through 3.4 below. For specifics related to residential uses in Zone District 3 refer to section 2.1 through 2.4 above. 3.1 Community Service Facility General Purpose and Intent A Community Service Facility is a structure where community services and related activities are provided. The purpose of this zoning category is to accommodate a range of community services and related activities as identified in the permitted "By Right" uses listed below. The intent of the Community Service Facilities in Zone District 3 is to provide appropriate locations for community services and related activities that are compatible with adjacent uses and promote a cohesive plan for the community. Zone District 3 is designed to provide an attractive setting for community services and related activities with an opportunity for connections to the adjoining Flying M Ranch neighborhoods, Riverview School, and the Rio Grande Trail with an interconnected pedestrian system. 3.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 3.3 Permitted “By Right” Community Service Facility Uses in Zone District 3 Hospice facility, assisted living facility, educational facility, adult day care facility, child care center, outdoor educational facilities, trails, outdoor recreation, community garden, community gatherings, special events lasting less than three days, ancillary shipping and receiving, and bus stop. 3.4 Permitted “By Right” Residential Uses in Zone District 3 Single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home (eco home), cohousing unit, residential rental unit, home office/business, outdoor recreation, neighborhood community center, community gardens, bus stop, and accessory uses. For specifics related to residential uses in Zone District 3 refer to section 2.1 through 2.5 above. 3.5 Development Standards for Community Service Facility Uses in Zone District 3 All Community Service Facility uses in Zone District 3 shall conform to the following standards. Flying M Ranch Planned Unit Development Guide December 6, 2018 9 - Minimum lot size: 2 Acres - Maximum Building Height: 42’ - Maximum Lot Coverage: 50% - Minimum Front Setback: 25’ - Minimum Rear Setback: 25’ - Minimum Side Setback: 10’ - Parking: A minimum of 1 off street parking space must be provided for each 500 SF of community service facility structure; this requirement may be satisfied within a garage and/or surface parking area. - Future Building Envelopes: Building envelopes that comply with but vary from the above described minimum setbacks may be finalized at the time of the final subdivision platting. - Open Space: Open Space for 2.4.2 Attached Dwelling Units/Multi-Unit Dwelling Units in Zone District 3 is encouraged to be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A landscape plan shall be reviewed and approved by the Flying M Ranch HOA Design Review Board at time of Building Permit Application. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 4 Zone District 4 - Hillside Open Space 4.1 General Purpose and Intent The purpose and intent of Zone District 4 - Hillside Open Space is to facilitate the protection of hillside lands and to protect these lands from being used for purposes other than as open space. 4.2 Planned Unit Development Map A Planned Unit Development Map identifying site access, vehicular circulation, pedestrian circulation, parking, landscape, and open space for future development of properties within this zone district has been submitted with the Planned Unit Development and is attached to this document as an Exhibit. 4.3 Permitted “By Right” Uses in Zone District 4 - Hillside Open Space Trails, wildlife friendly fencing, landscape, and irrigation. 4.4 Development Standards for Zone District 4 - Hillside Open Space Flying M Ranch Planned Unit Development Guide December 6, 2018 10 As the focus of the Hillside Open Space Zone District is to facilitate the protection of hillside lands and to protect these lands from being used for purposes other than as open space, disturbance in this Zone District should be minimal with a focus on revegetation of disturbed areas with low water using, indigenous or compatible plant materials. There will be no residential, business, or community service facility structures in Zone District 4 - Hillside Open Space. Access, utilities, and parking for residential, business, and community service facilities is not allowed in Zone District 4 - Hillside Open Space. 5 Zone District 5 - Access/Utilities/Parking 5.1 General Purpose and Intent The purpose and intent of Zone District 5 - Access/Utilities/Parking is to facilitate motor vehicle, pedestrian, and bicycle ingress and egress, motor vehicle parking, the placement of underground utility lines, the implementation of landscape and irrigation, the construction of retaining walls, and the continued use, repair and maintenance of these elements. 5.2 Permitted “By Right” Uses in Zone District 5 - Access/Utilities/Parking Motor vehicle roads, driveways, trails, motor vehicle parking, bicycle parking, underground utilities, landscape, irrigation, and bus stop. 5.3 Development Standards for Zone District 5 - Access/Utilities/Parking A landscape plan has been included in the Flying M Ranch P.U.D. for landscape improvements in Zone District 5 - Access/Utilities/Parking. There will be no residential, business, or community service facility structures in Zone District 5 - Access/Utilities/Parking. Access, utilities, and parking for residential, business, and community service facilities is allowed in Zone District 5 - Access/Utilities/Parking. - Signage: Signage display, construction, and location shall meet all Provisions and Standards in Article 11 of the Garfield County Land Use Code. 6 Planned Unit Development Floor Area and Density The following are business park and community service facility floor area caps and residential dwelling unit caps per Flying M Ranch Planned Unit Development Zone Districts. Flying M Ranch Planned Unit Development Guide December 6, 2018 11 6.1 Zone District 1 – Business Park 35,000 SF Business Park Floor Area and (4) Business Park Residential Dwelling Units 6.2 Zone District 2 – Residential (96) Dwelling Units and 1,800 SF Neighborhood Community Center or Accessory Use 6.3 Zone District 3 – Community Service Facility or Residential 120,000 SF Community Service Facility or (128) Dwelling Units or Proportional mix of Community Service Facility to Residential use at a ratio of 937.5 SF Community Service Facility to (1) Dwelling Unit. 6.4 Zone District 4 – Hillside Open Space No floor area 6.5 Zone District 5 – Access/Utilities/Parking No floor area Flying M Ranch Planned Unit Development Guide December 6, 2018 12 7 Definitions Adult Day Care Facility. A facility, located in a place of residence, which provides less than 12-hour care for individuals 18 years old or older who are not related to the head of such home. Assisted Living Facility. A facility or system of housing and care that is designed for senior citizens who need assistance with daily activities, nursing care and prepared meals. Bus Stop. A place where a bus regularly stops, typically marked by a sign. Business Park. An area specially designated to accommodate a mix of business uses. Building Height. Height of building measured from existing grade to the midpoint between the ridge and eave of a gable or shed roof or to the top of a flat roof. Car Wash. A commercial establishment equipped with machines for washing motor vehicles. Child Care Center. A facility licensed by the State department, by whatever name known, that is maintained for the whole or part of a day, but less than 24 hours, for the care of 5 or more children who are 18 years of age or younger. Cohousing. An intentional community of private homes clustered around shared space. Each attached or single family home has traditional amenities, including a private kitchen. Shared spaces typically feature a common house, which may include a large kitchen and dining area, laundry, and recreational spaces. Shared outdoor space may include parking, walkways, open space, and gardens. Community Gatherings. – public gatherings including, but not limited to, weddings, wedding receptions, funerals, memorials, community meetings, and meetings and events sponsored by neighborhood groups, religious groups, philanthropic organizations, and fund raising activities. Community Service Facility. – a structure where community services and related activities are conducted. Dwelling Unit, Attached. A residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by legally divided party walls without openings such as townhouses and duplexes. Flying M Ranch Planned Unit Development Guide December 6, 2018 13 Dwelling Unit, Business Park Residential. A single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home, or cohousing unit that is supportive, secondary, and subordinate to the principal Business Park business uses. Dwelling Unit, Multi-Unit. A dwelling containing 2 or more dwelling units, not including hotels, motels, fraternity and sorority houses, and similar group accommodations. Dwelling Unit, Single Family. A building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing only 1 kitchen plus living, sanitary, and sleeping facilities. DRB – Design Review Board Eating or Drinking Establishment. An establishment for the sale and consumption of food and beverages on the premises, or with drive-thru accommodations. Eco Efficiency Home (Eco Home). A residential use that allows for single family homes under 1,000 SF with design and specifications focused on reducing energy consumption. Educational Facility. Indoor and Outdoor. Buildings, areas, and uses for instruction or research activities associated with an academic institution that has curriculum for technical or vocational training that may be, but is not limited to, kindergarten, elementary, secondary, or higher education, including residential facilities for faculty, staff, and students. Fabrication Business. A business that manufactures wholesale and retail goods form processed materials, wood, and metal working operations. Floor Area. The total habitable horizontal Floor Area of all floors in a building, measured from exterior wall to exterior wall, exclusive of unfinished basement, garage, storage area, and utility rooms. Grading. Any excavating, filling, or combination thereof. Hospice Facility. A facility designed to give supportive care to people in the final phase of a terminal illness and focus on the comfort and quality of life, rather than cure. Kennel. A commercial establishment other than a pet shop of veterinary clinic, in which adult dogs or domesticated animals are housed, groomed, bred, boarded, or trained. Dogs used as a part of an agricultural activity are exempted from the definition. Flying M Ranch Planned Unit Development Guide December 6, 2018 14 Laundromat. A commercial establishment equipped with washing machines and dryers, usually coin-operated and self-service. Lot. Any legally created parcel of land including, but not limited to, lots on a legally recorded Plat. Lot Coverage. The portion of a lot that is covered or occupied by buildings and structures. Lot coverage does not include areas such as driveways, parking, or walkways; nor does it include cantilever construction so long as the cantilever construction is at least 8 feet above the ground. Mini Storage Facility. Self-storage facilities composed of real estate with buildings divided into self-storage spaces that are rented to rental space tenants on a monthly basis for the purpose of storing tenant property only. Neighborhood Community Center. A place where people from a particular community can meet for social, educational, or recreational activities. Open Space. Any land or water area that serves specific uses of providing park and recreation opportunities, or conserving natural areas and environmental resources, or structuring urban development form, or protecting areas of agricultural, archeological or historical significance. Open Space shall not be considered synonymous with vacant or unused land or with a yard that is part of a platted lot. Outdoor Recreation. An area or facility that offers entertainment, recreation or games of skill, where any portion of the activity takes place outside and may include lighted areas for use after dusk. Park and Ride. A parking area in which drivers can leave their cars to travel on public transportation. Parking Lot or Parking Garage. A structure or a cleared area that is more or less level and is intended for parking vehicles. Professional Office. An office or clinic for the provision of professional services including, but not limited to, physicians, dentists, lawyers, realtors, architects, engineers, artists, musicians, designers, teachers, accountants, governmental services, and others, who through training are qualified to perform services of a professional nature. Recycling Collection Center. A center for the acceptance and temporary storage of either recyclable or organic materials to be transferred to a processing or composting facility. Flying M Ranch Planned Unit Development Guide December 6, 2018 15 Residential Rental Unit. A portion of or an entire single family dwelling unit, attached dwelling unit, multi-unit dwelling unit, eco efficiency home, or cohousing unit that can be rented out for any period of time (e.g. nightly, weekly, monthly, seasonally or long-term). Riding Stable. A defined improved area that may or may not be covered, within which equestrian activities involving horse riding, day camps, therapy, training, practice, exhibition or driving occur. Setback. The minimum horizontal distance between the front, rear, or side property line and the front, rear, or side of a structure. Special Event. Events held within the Flying M Ranch P.U.D. which include any organized activity involving the use of, or having impact upon parks, open space, sidewalks, roads or the temporary use of private property in a manner that varies from its current land use. Storage Facility. An area used for storing machinery, equipment, or other products. Trails. A linear pathway across land used for recreational, transportation, and pedestrian purposes. Use, Accessory. A use that is customarily supportive, secondary, and subordinate to a principal use on the same parcel. Vehicle Equipment and Repair. A facility used to restore to a good condition or working order, a damaged vehicle. Wildlife Friendly Fencing. Fencing designed and constructed to provide minimum impact to wildlife. 8 Architectural and Site Plan Review All developments within the Flying M Ranch P.U.D. are subject to architectural review as contained in the Flying M Ranch Design Guidelines.