HomeMy WebLinkAbout1.1 Supplemental Submittal 12.14.18
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
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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
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[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.
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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.
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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
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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
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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
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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.
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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
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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.
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- 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
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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.
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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
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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.
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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.
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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.
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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.