HomeMy WebLinkAbout1.00 General Application Materials_Part2
(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.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be
valid when countersigned by a validating officer or other authorized signatory.
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by 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.
1
Garfield County Community Development Department 3/27/2023
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: Elias RLDE Application
Narrative Describing Request for Rural Land Development Exception and Related Information
To Whom It May Concern:
I am seeking approval for a Rural Land Development Exemption (RLDE), Article 5-203, to divide
my 35-acre parcel (# 218519400066) in the Mountain Springs Ranch neighborhood of
Glenwood Springs, CO into one 20-acre parcel and one 15-acre parcel. The proposed two
parcels would remain residential and rural, and largely undeveloped, with 80 % of each parcel
serving as contiguous open space and wildlife habitat to ensure the conservation of rural land.
The present parcel attracts bears, elk, moose, deer, mountain lions, turkey, bobcats, snowshoe
hares, ermine, chipmunks, pine martens, a variety of birds, and other wildlife (see attached
photos). An RLDE of this parcel to create two parcels of mostly undeveloped land would
guarantee that the wildlife habitat remains intact, and it would “advance the objectives of
Garfield County regarding the preservation of rural lands…”
The following information and materials in this application address the concerns of Sections I, II,
and III of the Pre-Application Conference Summary and aim to demonstrate that my request for
an RLDE meets Garfield County’s requirements and criteria for an RLDE; and demonstrate that
Garfield County’s Community Development Department and the Board of County
Commissioners’ approval of an RLDE would assist to the rural preservation and enhance the
wildlife habitat in Garfield County, Colorado. I have reviewed Table 5-103 and am aware of the
steps in the review process.
To begin, the proposed RLDE is intended for a single-family dwelling and the density shall not
exceed 1 lot per 17.5 acres. The proposed RLDE is in general conformance with the Overview
Standards contained in Section 5-201 (A). “Split by Federal or State Right-of-Way” Does Not
Apply. Additionally, the proposed RDLE is in general conformance with the Comprehensive
Plan, meets the Review Criteria (1-10) noted in the pre-application conference summary, and
complies with any applicable intergovernmental agreements (see Article V, 5 in Mountain
Springs Ranch HOA Covenants in Section 6). It meets compliance standards of Article 7,
Divisions 1-4 (see Section Five).
The proposed RLDE has sufficient legal and physical source of water pursuant to Section 7-104.
The two lots would enter into a legal well-sharing agreement, and I would surrender my current
permit (274427) for two Household Use Only permits, though the developers of new parcel
would have the option to apply for a Well Permit. With 12.5 gallons a minute flow, the well
should adequately supply both lots under the restricted use agreements (see Colorado Division
2
of Water Resources Well Permit and State of Colorado Pump Installation and Test Report and
Well Construction and Test Report in Section 6).
The present OWTS functions properly. I have included four soil reports (2 from 2007, one from
2012, and another from 2020 in Section 6) and a Garfield County Building and Sanitation
Department’s Final System Inspection and Approval for my present OWTS, documentation that
should demonstrate adequate conditions for the new OWTS.
For access, the proposed RLDE has legal and adequate access pursuant to Section 7-107 Access
and Roadways. The proposed parcel would be recorded with title to land connecting it with
County Rd 127 (Mt. Springs Road). There is deeded easement granted by Mountains Springs
Ranch HOA (see Article IX, 1 of the Mountain Springs Ranch Covenants in Section 6). Regarding
Sections 7-108 and 7-205, the proposed RLDE would not create any hazards or exacerbate any
existing hazards. The proposed lot would accommodate a single-family dwelling, and thus there
would be little impact, road traffic, and need for improvements.
The proposed RLDE would have an adequate water distribution system and wastewater
disposal system pursuant to Section 7-105 and Garfield County Land Use and Development
Code 5-6. As noted, the RLDE would enter into a Well-Sharing Agreement, and the present well
permit would be surrendered for two Household Only Use permits. There would be a clause in
the well-sharing agreement granting the new lot owner/s the option to apply for a Well Permit.
The proposed division and development of land associated with this RLDE minimizes the
impacts of residential development on agricultural and open space lands and wildlife habitats
and maintains the rural character of the lands. As noted, 80 % of the parcels would be
preserved as contiguous Open Spaces and Wildlife Habitats.
All taxes applicable to the land have been paid and the final plat meets the requirements per
Section 5-402 F. Because there are no immediate plans to develop, there is some information
that cannot be provided at this time. Thus, I have requested several waiver requests (Grading
and Drainage Plan, Impact Analysis, Improvements Agreement, and Traffic Study) and provided
preliminary information and documentation available at this time regarding water
supply/distribution, wastewater management, preliminary engineering.
I thank Garfield County’s Community Development Department and the Board of County
Commissioners for reviewing and considering my application for a Rural Land Development
Exemption.
Respectfully,
Sean Elias
352 Saddle Road
Glenwood Springs, CO 81601
Sean.elias1@gmaila.com; 970.945.9374 (home); 970.366.0198 (cell)
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 218519400066 DATE: 7/14/2022
PROJECT: ELIAS RURAL LAND DEVELOPMENT EXEMPTION
OWNERS: SEAN ELIAS
CONTACT/REPRESENTATIVE: SEAN ELIAS
ENGINEER/SURVEYOR: NONE YET
PRACTICAL LOCATION: 352 SADDLE RD
TYPE OF APPLICATION: RURAL LAND EXEMPTION
ZONING: RURAL
COMPREHENSIVE PLAN: RESIDENTIAL LOW, GLENWOOD SPRINGS AREA OF INFLUENCE
I. GENERAL PROJECT DESCRIPTION
The applicant is looking to divide the parcel into two parcels through the rural land development
exemption (RLDE)process. RLDE allows for properties to be split outside of a subdivision process
(though many of the submittal requirements and review criteria are the same). The intent of
RLDE is to conserve rural land for agricultural and open space purposes. A contiguous portion of
the land totaling 80% of the property must be preserved as wildlife habitat, agricultural land,
critical natural areas, or similar uses. Section 5-203 provides the details of the process.
Application submittal requirements are summarized in the following sections, which can serve
as a checklist.
The property is located off of Mountain Spring Dr, near Three Mile Road west of Glenwood
Springs. The area in general and the parcel have areas with slopes over 20%. There is an existing
well and access off of a private, shared road. Onsite Wastewater Treatment System . Both lots
would need to show adequate physical access, water supply, and wastewater management. Legal
and physical water will need to show n, including 4-hour pump tests and water quality tests. If
the parcels would be served by a shared well, an appropriate ag reement would need to be
2
provided as well as any necessary easements included on the final plat. Any existing OWTS would
need to show adequate functionality for the parcel it serves and adequate soil conditions exist
for new OWTS.
The RLDE application will need to include an open space plan map, which includes a management
plan. The conserved area will need to be contiguous.
Engineering reports are required as part of the submittal requirements shown in Table 5-401.
The application will need to address steep slopes and possible geologic hazards. Due to these
conditions, the application will be referred to the Colorado Geologic Survey.
The review criteria for a RLDE are pasted below:
C. Review Criteria.
An application for a RLDE shall meet the following criteria. These can be found in Section 5-203.
1. The RLDE is in general conformance with the Overview Standards contained in Section 5-201
(A).
2. The RLDE is in general conformance with the Comprehensive Plan, and complies with any
applicable intergovernmental agreements.
3. The RLDE lots have sufficient legal and physical source of water pursuant to section 7-104.
4. The RLDE lots have legal and adequate access pursuant to section 7-107, Access and Roadways.
5. The RLDE does not create hazards identified in section 7-108 and section 7-205 or exacerbate
existing hazards.
6. The RLDE lots have an adequate water distribution system and wastewater disposal system
pursuant to section 7-105.
7. Proposed division and development of the land minimizes the impacts of residential
development on Agricultural Lands and agricultural operations, and maintains the rural
character of lands. Proposed division and development of the land maintains the opportunity for
agricultural production on the most productive and viable parcels of land.
8. 80% of the parcel is preserved as contiguous Open Space to be used as wildlife habitat,
Agricultural Land, critical natural areas, or similar uses.
9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office.
10. The Final Plat meets the requirements per section 5-402.F., Final Plat.
II. COMPREHENSIVE PLAN
The application would be in compliance with the comprehensive plan.
III. REGULATORY PROVISIONS AND POLICY THE APPLICANT IS REQUIRED TO
ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the
Application:
3
Garfield County Comprehensive Plan 2030 as amended
Garfield County Land Use and Development Code as amended
o Section 5-203 Rural Land Development Exemption
o Table 5-103 Common Review Procedures and Required Notice
o Table 5-401 Application Submittal Requirements
o Section 5-402 Description of Submittal Requirements
o Section 4-203 Description of Submittal Requirements as applicable
o Provisions of Article 7 Standards
o Section 4-202 Submittal Waivers as applicable
o Section 4-118 Waivers from Standards as applicable
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. Table 5-401 outlines the specific application submittal criteria. The following list can
function as a checklist for your submittal.
General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
o Proof of ownership (copy of deed, title work) and information on any lien holders.
o A narrative describing the request and related information
o Names and mailing addresses of properties within 200 feet of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of
Clerk and Recorders database and/or Assessor database, memo attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a person
to encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to represent is
needed.
A copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
Site Plan and related information (some may be shown on the proposed plat) including
topography, existing improvements, infrastructure, irrigation ditches, and significant
features. The site plan should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
Grading and Drainage plans.
Impact Analysis.
Improvements Agreement.
Traffic Study.
Water Supply/Distribution Plan.
Wastewater Management Plan.
Final Plan Map.
Final Plat
Open Space Plan Map.
Codes, Covenants, Restrictions.
4
Preliminary Engineering including roadways, mitigation of geological hazards, sewage
collection, water supply and distribution systems, soil suitability information, and
groundwater drainage.
Documentation of compliance with standards contained in Sections of Article 7, Divisions 1,
2, 3 and 4. Application formatting is recommended to address each individual
section/standard.
Floodplain and Wetlands analyses, as necessary.
A copy of any existing Garfield County, local jurisdiction, and/or CDOT access permit
information.
Referral to Colorado Geological Survey (CGS) and required fees or documentation of past
referral comments and confirmation from CGS that the comments were still valid.
WAIVER REQUESTS
Waiver from standards are subject to compliance with Section 4 -118 and waivers from submittal
requirements are subject to compliance with Section 4 -202. Waiver requests needs to be
specifically requested in the submittals, with supporting justification including demonstration of
compliance with the review criteria in Sections 4 -118 and 4-202.
ADDITIONAL STAFF CONSULTATION
As needed or for clarification of any of the above items, staff is available for additional
consultation prior to submittal and/or a courtesy review of draft submittal documents.
The Application submittals needs to include 3 hard copies of the entire Application and 1 Digital
PDF Copy on a CD or USB Stick. Both the paper and digital copies should be split into individual
sections. Please refer to the pre-application summary for submittal requirements that are
appropriate for your Application.
V. REVIEW PROCESS
Please see the following flow chart.
Staff will review the application for technical completeness prior to sending it to Referral
Agencies for additional review. Staff may wait for referral comments prior to scheduling the
BOCC hearing.
Public Hearing(s): No Public Hearing, Directors Decision (with notice per code)
Planning Commission
X Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County
Road and Bridge Department, Garfield Count y Consulting Engineer, Garfield County Attorney’s
Office, Garfield County Vegetation Manager, Garfield County Department of Environmental
Health, Department of Water Resources, Fire Districts, Colorado Geological Survey.
5
6
VI. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $TBD ($600 Colo.Geological Survey Referral fees, check separately
made out- others TBD)
Total Deposit: $675 + $600 CGS separate check (additional staff hours are billed at
hourly rate of $40.50. and the Applicant will be invoiced for additional referral costs )
VII. GENERAL APPLICATION PROCESSING
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. The summary is valid for a six-month period, after which an update should be requested.
The Applicant is advised that the Application submittal once accepted by the County becomes
public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
7/14/2022
Philip Berry, Planner III Date
7
8
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ONE-STORY
METAL BUILDING
LOT 16
W
LOT 31
LOT 15
LOT 17
LOT 29
LOT 18
E
S
SW CORNER
SECTION 20
FOUND ORIGINAL STONE
5" X 12" X 6"
N20°31'40"E 104.25'
18.5' WITNESS CORNER
SET REBAR & 1-1/4"
BLUE PLASTIC CAP
WC TNC PLS38215
FOUND REBAR & 1-1/4"
BLUE PLASTIC CAP
PLS38417 SGM
25' WITNESS CORNER
FOUND REBAR & 2"
ALUMINUM CAP
PLS38417 SGM
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
PLS15710 SGM
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
ILLEGIBLE
FOUND NO. 5 REBAR
21.15' WITNESS CORNER
FOUND REBAR & 1-1/2"
ALUMINUM CAP
PLS15710 SGM
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CH=N77°36'30"E
90.41'
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22.64'
L=144.48'
R=285.00'
CH=N85°17'58"E
142.94'
S80°10'37"E
77.02'
L=54.69'
R=285.00'
CH=S85°40'27"E
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LEACHFIELD
ONE-STORY
RESIDENCE
352 SADDLE DRIVE
TWO-STORY
GARAGE/ADU
SHED
GRAVEL
DRIVEWAY
GATE
TWO-TRACK
DRIVE
CUT-TRAIL
THROUGH OAK
BRUSH
WEST CORNER
SECTION 20
FOUND 3-1/4" ALUMINUM
CAP LS15710 1994
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BUILDING
ENVELOPE
2.0± ACRES
50' SETBACK
RECEPTION
NO. 798183
50' SETBACK
RECEPTION
NO. 798183
100' SE
T
B
A
C
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RECEPT
I
O
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NO. 79
8
1
8
3
PARCEL B
15.00± ACRES
(86% OPEN SPACE)
PARCEL A
20.247± ACRES
SA
D
D
L
E
8' WIDE EASEMENT
FOR UTILITIES, WALKING &
HORSE RIDING TRAILS
RESTRICTIVE COVENANTS
RECEPTION NO. 798183
(ENTIRE PROPERTY PERIMETER)
PROPERTY LINE SPLITS WATER WELL
TO BE SHARED BY EACH PARCEL
60' WIDE ROAD EASEMENTS
RESTRICTIVE COVENANTS
RECEPTION NO. 798183
DRI
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9
6
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24%
S
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O
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(85% OPEN SPACE)
3± ACRES
DEVELOPED
AREA
8'
W
I
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W
A
Y
SURVEYOR 'S STATEMENT
I, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN WAS PREPARED BY TRUE NORTH COLORADO, LLC.
FOR SEAN ELIAS THAT SAID SITE PLAN WAS PREPARED BY ME OR UNDER MY SUPERVISION AND RESPONSIBLE
CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.
TELEPHONE PEDESTAL
S SEPTIC LID
ELECTRICAL TRANSFORMER
ELECTRICAL METER
LEGEND
E
NOTES:
6. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN
PLACE.
7. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TO
TITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN REVIEWED BY TRUE NORTH COLORADO, LLC.
LOT 16 - MOUNTAIN SPRINGS RANCH
A PARCEL OF LAND SITUATED IN THE E1/2SE1/4 OF SECTION 19 & SW1/4 SECTION 20
TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PM
COUNTY OF GARFIELD, STATE OF COLORADO
PARCEL NO. 218519400066
SITE PLAN
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2022-265
DATE:October 28, 2022
DRAWN
RPK
SURVEYED
GBL/KJT
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
100'50'200'
SCALE: 1" = 100'
N
0
LEACH FIELD PORT
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
W WELL
VICINITY MAP
SITE
GLENWOOD
SPRINGS
OPEN SPACE
I l l
Reeeption#: 798183
Jean Doc GARFIELD COUNTY CO
Revised and Resrated Protective Mountain Springs Ranch
Page 10
'Ill Il
01/31f2Ø11 pm
I of Rec Fee: Fee:O.ØO
These REVISED AND RESTATED PROTECTIVE COVENANTS FOR MOUNTAIN
SPRINGS RANCH (the "Revised Protective Covenants"), reflect all changes made to the
Protective Covenants through the date of adoption of the Seventh Amended Protective
Covenants for Mountain Springs Ranch, February 21, 2008.
RECITALS
1. WHEREAS, Protective Covenants for Mountain Springs Ranch are recorded
in the Records of the Clerk and Recorder, Garfield County, Colorado, as follows: Protective
Covenants for Mountain Springs Ranch, adopted January 30, 1980, recorded in Book 543 at
Pages 438 to 448, as Reception No. 301477 (the "Protective Covenants"); Amended
Protective Covenants, adopted July 25, 1980, recorded in Book 552 at Pages 624 to 627, as
Reception No. 305979; Second Amended Protective Covenants, adopted July 30, 1980,
recorded in Book 552 at Pages 959 to 961, as Reception No. 306120; Third Amended
Protective Covenants, adopted June 16, 1981, recorded in Book 577 at Pages 167 to 168, as
Reception No. 317153; Fourth Amended Protective Covenants, adopted July 23, 1999,
recorded in Book 1141 at Pages 626 to 628, as Reception No. 549314; Fifth Amended
Protective Covenants, adopted October 1, 2002, recorded in Book 1425 at Pages 427 to 428,
as Reception No, 618354; Sixth- Amended Protective Covenants, adopted November 11,
2004, recorded in Book 1836 at Pages 102 to 105, as Reception No. 705323; and Seventh
Amerided Protective Covenants, adopted February 21, 2008, recorded as Reception No.
751197 (collectively, the "Amended Protective Covenants").
2. WHEREAS, pursuant to C.R.S. 538-33.3-118(2), at a meeting duly noticed
and held on October 1, 2002, a quorum of the MOUNTAIN SPRINGS RANCH
HOIvmOWNERS ASSOCIATION ('the Association") membership entitled to vote on the
election to be treated as a common interest community was present in person or by proxy, and
unanimously voted in favor of authorizing the acceptance of the provisions of the Colorado
Common Interest Ownership Act ("CCIOA"), subjecting all the lands in Mountain Springs
Ranch to all of the provisions of CCIOA. Source: Statement of Election to Accept the
Provisions of the Colorado Common Interest Ownership Act, adopted October l, 2002, and
Fifth Amended Protective Covenants, adopted October 1, 2002.
3. WHEREAS, pursuant to the authority reserved to the Association in Article
XI, Paragraph 2 of the Protective Covenants for Mountain Springs Ranch, the Association
desires to revise and restate the protective covenants for the property known as Mountain
Springs Ranch, Garfield County, Colorado, to correct typographical and technical errors in
the Protective Covenants and the Amended Protective Covenants, to delete an unnecessary
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reference to Glenwood Mountain Ltd., the original covenanter, and to consolidate and replace
the Protective Covenants and the Amended Protective Covenants with these REVISED AND
RESTATED PROTECTIVE COVENANTS FOR MOUNTAIN SPRINGS RANCH.
4. NOW, THEREFORE, these REVISED AND RESTATED PROTECTIVE
COVENANTS FOR MOUNTAIN SPRNGS RANCH, from and after their execution by the
Association and recording in the Records of the Clerk and Recorder, Garfield County,
Colorado, shall supersede and replace the Protective Covenants and the Amended Protective
Covenants in all respects.
Covenantsfor
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The real property constituting Mountain Springs Ranch, Garfield County, Colorado is
legally described as follows:
WV2SWV4 of Section 17; S l/2SE l/4 of Section 18; NIhSE% and NI/2 of Lot 8 in Section 18;
the North Half (Nh) of Lot 8 shall be defined by a dividing line between the NV2 and the Sh
of said
Lot 8, which dividing line is parallel to the North line of Lot 8; E l/2SE 1/4 of Section19; SWI/4,
of Section 20; NW%, Nih NE IL, SW%, of Section 29; El/2NE%
of Section 30; and NEV4NWl/4 of Section 32, all in Tmmship 6 south, Range 89 West of the
6th P.M.; excepting from the real property described above the tracts of land described in
Doctunent No. 240400 in Book 392 at Page 581 and Document No. 249189 in Book 417 at
Page 512 of the Records of the Clerk and Recorder, Garfield County, Colorado; and the NE%,
Lot l, and the Nh of Lot 8 in Section 19, Township 6 South, Range 89 West of the
P.M.; the NI/2 of said Lot 8 shall be defined by a dividing line between the Nh and the Sh of
said Lot 8 which dividing line is parallel to the North line of said Lot 8; the of Scction 20,
Township 6 South, Range 89 West of the 6Øi P.M.
ARTICLE 1
PURPOSE OF COVENANTS
1. General Requirements. All of the foregoing recitals are affirmed and incorporated
herein by reference. It is the intention of the owner, their heirs, successors and assigns,
expressed by its execution of this instrument, that the lands within Mountain Springs Ranch be
developed and maintained as a highly desirable rural recreational residential area. It is the
purpose of these covenants that the present natural beauty, the natural growth and native setting
and surroundings of Mountain Springs Ranch shall always be protected insofar as is possible
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in connection with the uses and structures permitted by this instrument. It is of primary intent
that the seclusion of each home site in Mountain Springs Ranch from neighboring home sites
shall be protected insofar as is possible. Source: Sixth Amended Protective Covenants for
Mountain Springs Ranch, adopted November 11, 2004.
ARTICLE 11
DEFINITIONS
1. Residential Tracts. All of the tracts shall be residential tracts.
2. Mountain Springs Ranch. The word "Mountain Springs Ranch" as used in
these covenants shall mean all of the lands included within Mountain Springs Ranch.
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ARTICLE 111
MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION
1. Membership in Mountain Springs Ranch Home Owners Association. All persons or
associations (other than Mountain Springs Ranch Home Owners Association) who or acquire
the title in fee to any of the lands in Mountain Springs Ranch, by whatever means acquired,
shall automatically become Members of MOUNTAIN SPRINGS RANCH HOMEOWNERS
ASSOCIATION, a Colorado corporation not for profit, in accordance with the Articles of
Incorporation of said MOUNTAIN SPRINGS RANCH HOME OWNERS
ASSOCIATION as presently in effect and recorded or filed in the records of Garfield County,
Colorado, and as the same may be duly amended from time to time and also filed or recorded
in the Garfield County records.
ARTICLE IV
ARCHITECTURAL COMMITTEE
1. Architectural Committee. The Architectural Committee shall mean the Board
of Trustees of MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION, a
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Colorado corporation not for profit, as said Board of Trustees is presently constituted and shall
be constituted from time to time in the future. Said Architectural Committee shall have and
exercise all of the powers, duties, and responsibilities set out in this instrument.
2. Approval By Architectural Committee. No improvements of any kind
including but not limited to dwelling houses, barns, stables, outbuildings, swimming pools,
tennis courts, ponds, parking areas, fences, walls, garages, drives, antennae, flagpoles, curbs,
and walks, shall ever be constructed or altered on any lands within Mountain Springs Ranch,
nor may any vegetation be altered or destroyed nor any landscaping performed on any tract,
except for the creation of a fire defensible zones, unless the complete architectural plans for
such construction or alteration or landscaping are approved in writing by the Architectural
Committee prior to the commencement of such work. In the event the Architectural Committee
fails to take any action within 60 days after complete architectural plans for such work have
been submitted to it, then all of such submitted architectural plans shall be deemed to be
approved. In the event the Architectural Committee shall disapprove any architectural plans,
the person or association submitting such architectural plans may appeal the matter to the next
annual Or special meeting ofthe Members of MOUNTAIN SPRINGS RANCH HOME
OWNERS ASSOCIATION, where a vote of at least two-thirds of the votes entitled to be cast
at said meeting shall be required to change the decision of the Architectural Committee.
Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted
November 11, 2004,
3. Variances, Where circumstances such as topography, location of property lines,
location of trees and brush, or other matters require, the Architectural Committee may, by a twothirds
vote, allow reasonable variances as to any of the covenants contained in this instrument, on such terms
and conditions as it shall require, provided that no such variance shall be finally allowed until 30 days
after the Architectural Committee shall have mailed a notice of such variance to each Member of
MOUNTAIN SPRINGS RANCH HOME OWNERS
ASSOCIATION. In the event any three Members shall notify the Architectural Committee in
Covenantsfor of
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writing of their objection to such variance within said 30-day period, the variance shall not be
allowed until such time as it shall have been approved by a vote of at least two-thirds of the
votes entitled to be cast at an annual or special meeting of the Members of MOUNTAIN
SPRINGS RANCH HOME OWNERS ASSOCIATION.
4. General Requirements. The Architectural Cornrnittee shall exercise its best judgment
to see that all improvements, construction, landscaping, and alterations on the lands within
Mountain Springs Ranch conform and harmonize the natural surroundings and with existing
structures as to external design, materials, color, siting, height, topography, grade, and finished
ground elevation. It is particularly notcd that dwelling height should conform as far as is
practical with height of sun•ounding vegetation. Colors of dwellings should be in harmony
with natural surroundings. The Architectural Committee shall protect the seclusion of each
home site from other home sites insofar as possible.
5• Persons or associations who anticipate constructing
improvements on lands within Mountain Springs Ranch, whether they already own lands in
Mountain Springs Ranch or are contemplating the purchase of such lands, may submit
preliminary sketches of such improvements to the Architectural Committee for informal and
preliminary approval or disapproval, but the Architectural Committee shall never be finally
committed or bound by any preliminary or informal approval or disapproval until such time as
complete architectural plans are submitted and approved or disapproved.
6. Architectural Plans. The Architectural Committee shall disapprove any
architectural plans submitted to it which are not sufficient for it to exercise the judgment
required of it by these covenants.
7. Architectural Committee Not Liable. The Architectural Committee shall not
be liable in damages to any person or association submitting any architectural plans for
approval, or to any owner or ovvners of lands within Mountain Springs Ranch, by reason of
any action, failure to act, approval, disapproval, or failure to approve or disapprove, with
regard to such architectural plans. Any person or association acquiring the title to any property
in Mountain Springs Ranch, or any person or association submitting plans to the Architectural
Committee for approval, by so doing does agree and covenant that he or it will not bring any
action or suit to recover damages against the Architectural Committee, its members as
individuals, or its advisors, employees, or agents.
8. Written Records. The Architectural Committee shall keep and safeguard for
at least
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five years complete permanent written records of all applications for approval submitted to it
(including one set of all architectural plans so submitted) and of all actions of approval or
disapproval and all other actions taken by it under the provisions of this instrument.
ARTICLE V
GENERAL RESTRICTIONS ON ALL TRACTS
1. No mining, quarrying, tunneling, excavating, or
drilling for any substances within the earth, including oil, gas, minerals, gravel, sand, rock,
and
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earth, shall ever be permitted by the MOUNTAIN SPRINGS RANCH HOME OWNERS
ASSOCIATION.
2. No Business Uses. No lands within Mountain Springs Ranch shall
ever be occupied or used for any commercial or business purpose nor for any
noxious activity and nothing shall be done or permitted to be done on any of said
lands which is a nuisance or might become a nuisance to the ovmer or owners of
any of said lands. No store, office, commercial shop or repair place, or other place
of commercial or professional business of any kind; nor any hospital, sanitorium,
or other place for the care or treatment of the sick or disabled, physically or
mentally; nor any public theater, bar, restaurant, or other public place of
entertainment; nor any church', nor any residential building housing more than one
family; shall ever be constructed altered, or permitted to remain within Mountain
Springs Ranch.
3. Signs. With the exception of one "For Rent" or "For Sale" sign (which
shall not be larger than 20 x 26 inches) and except for one entrance gate sign of a
style and design approved by the Architectural Committee, no advertising signs,
billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to
remain on any tract in Mountain Springs Ranch.
4. Animals. No animals or poultry shall be kept on any lands in Mountain Springs Ranch
except ordinary household pets belonging to the household and horses and cows. Other
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animals or poultry may be kept only with the prior umitten permission of the Architectural
Committee. The Architectural Committee may require any owner or lessor of lands within
Mountain Springs Ranch to remove any animals or poultry except ordinary household pets,
from his premises, if in the opinion of the Architectural Committee the lands are overgrazed
or the animals or poultry constitute an annoyance to the owners of neighboring tracts. No
horses or cows will be permitted to be kept on any residential tract not having sufficient pasture
or other food supply to maintain them adequately. Animals and poulfry, other than ordinary
household pets, must be kept within an enclosed area which must be kept clean, sanitary and
reasonably free of refuse, insects, and waste at all times.
5. Subdivision. No fract of land of less than 15 acres shall ever be created within
the Mountain Springs Ranch; provided, that conveyances or dedications of easements for
utilities or private roads may be made for less than all of one tract. No fract of more than 34
(thirty-four) acres shall be divided for 30 months after the original date of purchase from
Glenwood Mountain, Ltd., the developer. Source: Amended Protective Covenants for
Mountain Springs Ranch, adopted July 25, 1980.
6. Combining Tracts. If two or more contiguous residential tracts are owned by
the same owner or owners, they may be combined into one or more larger residential tracts by
means of a vyritten document executed and acknowledged by all of the owners thereof,
approved by the Architectural Committee, and recorded in the real property records of Garfield
County, Colorado.
7. Service Yards and Trash. All clothes lines, equipment, service yards,
woodpiles, or storage piles on any tract in Mountain Springs Ranch shall be kept screened by
adequate planting or fencing so as to conceal them from the view of neighboring tracts and
streets and access roads.
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All rubbish and trash shall be removed from all tracts in Mountain Springs Ranch and shall
not be allowed to accumulate within the area known as Mountain Springs Ranch. All burning
is prohibited.
ARTICLE VI
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RESTRICTIONS ON RESIDENTIAL TRACTS
1. Number and Location of Buildings. No buildings or structures shall be placed,
erected, altered, or permitted to remain on any residential tract other than:
(1) One detached single-family dwelling house; and
(2) One guest or servant house; and
(3) One attached or detached garage; and
(4) One barn or stable or other non-residential outbuilding other than a garage.
No temporary building or other temporary structure shall be constructed or allowed to remain
on any residential tract. No dwelling house shall be placed, erected, altered, or permitted to
remain on any residential fract at any site or location other than within a radius of 100 feet of
the site or sites as staked on the ground by the owners and indicated on sales plat, except as
otherwise specifically permitted by the Architectural Committee. No building shall be
permitted within -50 feet of any side line or within 100 feet of any road in any case.
2. Dwelling House to be Constructed First. No guest house, servant
house, garage, barn, stable, or other outbuilding shall be consüucted on any
residential tract until after commencement of construction of the dwelling house
on the same residential tract. All construction aqd alteration work shall be
prosecuted diligently, and each building, structure, or improvement which is
commenced on any residential tract shall be entirely completed within 18 months
after commencement of construction.
3. Towers and Antennae. No towers or radio or television antennae or
satellite dishes higher than 3 feet above the highest roof line of the dwelling house
shall be erected on any residential tact, and all such towers and antennae must be
attached to the dwelling house. Solar arrays may be freestanding and up to 15 feet
in height. Source: Sixth Amended Protective Covenants for Mountain Springs
Ranch, adopted November 11, 2004.
4. Fences. No fencing shall be of solid material. Allowable fencing shall
include split rail, or natural tree mils and smooth wire. No fence shall be more than
feet above the ground. Up to one acre may be fenced around the primary residence.
No additional fencing allowed unless erected for the active keeping of horses or
cows or the cultivation of fruit trees or crops.
5. Trees and Landscaping. No trees or brush growing on any residential
tract shall be felled or trimmed nor shall any natural areas be cleared, or formal
lawn areas constructed, or
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landscaping performed on any residential tract, except for the creation of a fire defensible
zone, without the prior written permission of the Architectural Committee. Source: Sixth
Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004.
6. Tanks. No elevated tanks of any kind shall be erected, placed, or permitted
upon any residential tract, except water storage tanks erected under the direction or the
MOUNTAIN SPRINGS RANCH HOIvfE OWNERS ASSOCIATION. Any other tank used
in connection with any dwelling house or other structure on any residential tract, including
tanks for storage of gas, fuel oil, gasoline, oil, or water, shall be buried and the location and
screening shall be as determined by the Architectural Committee. No automotive gas tanks
over 500 gallons shall be permitted. Source: Sixth Amended Protective Covenants for
Mountain Springs Ranch, adopted November 11, 2004.
7. Used or Temporary Structures. No used or temporary house, structure, house
trailer, mobile home or nonpermanent outbuilding shall ever be placed, erected, or allowed to
remain on any residential tract except during construction periods, and no dwelling house shall
be occupied in any manner prior to its completion.
8. Exterior Lighting. All exterior lights and light standards on residential tracts
shall be approved by the Architectural Committee for harmonious development and the
prevention of unnecessary lighting nuisances to other lands in Mountain Springs Ranch.
9. Water Supply. Each lot or plat owner shall be responsible for filing an
application with the State Water Engineer for a well permit for his property. Source: Fourth
Amended Protective Covenants for Mountain Springs Ranch, adopted July 23, 1999.
10. Off Street Parking. No dwelling house shall be constructed on any tract unless
there is concurrently constructed on the same tract adequate off-street parking area for at least
four automobiles.
11. Sanitary Systems. No sewage disposal system, sanitary system, cesspool, or
septic tank shall be constructed, altered or allowed to remain or be used on any tract unless
fully approved as to design, capacity, location, and construction by all proper public health
agencies of the State of Colorado and the County of Garfield and also by the Architectural
Committee. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch,
adopted November 11, 2004.
12. Vehicular Use. Motorcycles, motor bikes and snowmobiles may be used
within Mountain Springs Ranch only for necessary transportation from place 10 place on
established roads. No joy riding shall be permitted.
798183
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ARTICLE Vlll
EASEMENTS RESERVED
1. Utility Easements Reserved. Glenwood Mountain, Ltd., hereby reserves for
itself its successors and assigns, and for the MOUNTAIN SPRINGS RANCH
HOMEOWNERS ASSOCIATION, perpetual easements and rights of way, together with full
rights of ingress and egress for itself, its agents, employees, and assigns, for the creation,
construction, maintenance, operation, use, replacement, enlargement, and repair of all utilities,
such as electric, telephone, sewer, gas, and similar lines, pipes, wires, and conduits, and
walking and horse riding trails. Such easements and rights of way shall be eight feet in width
on each side of the boundary line along the entire perimeter of each tract within Mountain
Springs Ranch, and eight feet along the side of every steet or road of the Mountain Springs
Ranch, which is now or may hereafter be constructed. No fences shall be built within any of
these easements and rights of way. Source: Amended Protective Covenants for Mountain
Springs Ranch, adopted July 25, 1980.
2. Grants of New Easements Restricted. No existing or new access easements or
rights of way within Mountain Springs Ranch shall ever be granted, conveyed, created,
fransferred or signed for the purpose of ingress or egress to the property situate outside of
Mountain Springs Ranch without the prior umitten consent of the MOUNTABI SPRINGS
RANCH HOMEOWNERS ASSOCIATION. Source: Second Amended Protective
Covenants for Mountain Springs Ranch, adopted July 30, 1980; Water System and Irrigation
Easements and Rights Reserved provisions deleted by Fourth Amended Protective
Covenants for Mountain Springs Ranch, adopted July 23, 1999.
ARTICLE
ROADS AND WATER SYSTEMS
1. Easement for Roads. Glenwood Mountain, Ltd., hereby reserves to itself, its
successors and assigns for the private use of all owners of lands within the Mountain Springs
Ranch, a non-exclusive sixty-feet in width easement .for ingress and egress to tracts within
Mountain Springs Ranch over all improved and unimproved access roads as currently exist on
the Mountain Springs Ranch; provided, further, that Glenwood Mountain, Ltd„ its successors
and assigns reserves the right and authority to authorize additional uses of all of said roads.
Source: Amended Protective Covenants for Mountain Springs Ranch, adopted July 25, 1980.
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2. Maintenance of Roads. The access road and secondary roads in Mountain
Springs Ranch, except private driveways will be maintained by the MOUNTAIN SPRNGS
RANCH HOMEOWNERS ASSOCIATION. Snowplowing, including individual homeowner
driveways, can be arranged at the owner's expense. Source: Sixth Amended Protective
Covenants for Mountain Springs Ranch, adopted November 11, 2004; Maintenance of Water
Systems provisions deleted by Fourth Amended Protective Covenants for Mountain Springs
Ranch, adopted July 23, 1999.
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ARTICLE X
ENFORCEMENT
1. Enforcement Actions. The Architectural Committee shall have the
right to prosecute any action to enforce the provisions of all of these covenants by
injunctive relief, on behalf of itself and all or part of the owners of lands within
Mountain Springs Ranch. In addition, each owner of land within the Mountain
Springs Ranch, including MOUNTAIN SPRINGS RANCH HOME OWNERS
ASSOCIATION, shall have the right to prosecute any action for injunctive relief
and for damages by reason of any violation of these covenants.
2. Limitations on Actions. In the event any construction or alteration or
landscaping work is commenced upon any of the lands in Mountain Springs Ranch
in violation of these covenants and no action is commenced within 60 days
thereafter to resfrain such violation, then injunctive or equitable relief shall be
denied, but an action for damages shall still be available to any party aggrieved.
Said 60-day limitation shall not apply to injunctive or equitable relief against other
violations of these covenants.
ARTICLE Xl
GENERAL PROVISIONS
1. Covenants To Run. All of the covenants contained in this insfrument shall be
a burden on the title to all of the lands in Mountain Springs Ranch, and the benefits thereof
shall inure to the ovvners of all of the lands in Mountain Springs Ranch, and the benefits and
burdens of all said covenants shall run with the title to all of the lands in Mountain Springs
Ranch.
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2. Termination of Covenants. The covenants contained in this instrument shall
terminate on January 1, 2025, or at the time of final dissolution of the Colorado not
for profit known as MOUNTAN SPRINGS RANCH HOME OWNERS ASSOCIATION,
whichever date shall first occur. Effective on September 1, 1987, These covenants may be
amended by a vote of three-fourths of the votes entitled to be cast by the Members of
MOUNTAIN SPRINGS RANCH HONE OWNERS ASSOCIATION, said vote to be gast at
a meeting of the Members duly held not more than six months before and not more than six
months after said date provided a properly certified copy of the resolution of amendment be
placed of record in Garfield County, Colorado, not more than six months after said date. If
these covenants are amended on said date, then they shall continue in effect, as amended, for
so long thereafter as may be stated in said amendment.
3. Severability. Should any part or parts of these covenants be declared invalid
or unenforceable by any court of competent jurisdiction, such decision shall not affect the
validity of the remaining covenants.
4. Paragraph Headings. The paragraph headings in this instrument are for
convenience
only and shall not be construed to be a part of the covenants contained
herein.
Covenantsfor
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MOUNTAIN SPRINGS RANCH
HOMEOWNERS ASSOCIATION, a Colorado
nonprofit corporation
By:
STATE OF COLORADO
COUNTY OF GARFIELD
Subscribed, sworn to, and acknowledged before me on this the 31'rday of January, 2011 by
Steve Mills, President of Mountain Springs Ranch Homeowners Association.
My Commission
Expires:
Covenantsfor Ranch of10
Steve i s, President
Elias RLDE Waiver Requests for Grading and Drainage Plans, Impact Analysis, Improvement
Agreements, and Traffic Study
Request for a Grading and Drainage Plans Waiver
Because the exact building site has not been determined and no plans for development exist at this
time, I request a waiver of the submittal for a Grading Plan and Drainage Plan.
To provide some general information on grading and drainage, it should be noted that any future
building site will be on the less steep sections of the newly divided parcel to eliminate the need for extra
grading work. The proposed building site (see attached Plat and Original Survey) is close to the main
road (Mt. Springs Road), which will eliminate the need for extra dirt work when constructing a driveway.
The building site will be located near the main drainage ditch that runs along Mt. Springs Road.
Both proposed lots have efficient drainage to the SW edges of the property that meet Saddle and
Mountain Springs roads, and all roads have well-maintained drainage ditches and cleared culverts that
divert water ultimately to Three Mile creek.
Request Impact Analysis Waiver
As noted, the building site has not been determined and no development is planned at this time, thus I
request a waiver of this submittal requirement. If deemed necessary, I request that the impact analysis
would be completed at the time of development and the building permit process.
It should be noted that any impact of the development of the proposed RLDE, with its limitations on
development, would occur within Mountain Springs Ranch HOA neighborhood and have a minimal
impact outside the neighborhood.
Request for an Improvements Agreement Waiver
Like the grading and drainage plans and impact analysis, without a clear idea of where the site will be
exactly located and when development will occur, and considering the fact that the proposed RLDE
would be in the Mountain Springs Ranch neighborhood with its own policies and regulations, I request a
waiver of the submittal requirement for the Improvements Agreement.
Request for a Traffic Study Waiver
I request a waiver of submittal for the Traffic Study for the following reasons. The proposed RLDE is
several miles up a Mountain Springs Ranch HOA-maintained dirt road (Mt. Springs Road) that serves
approximately fifty properties, half of which are only occupied part-time (seasonal). The proposed RLDE
is over three miles from the nearest County Road, CR 127 (Three Mile Road). Because traffic on the
closest County Road (127) is minimally affected by the MSR community and considering that the
proposed RLDE will only be a single-family residence, with limitations of development that come with
RDLE, the traffic on Mountain Springs Road and CR 127 (Three Mile) would be minimally affected. If a
traffic study is deemed necessary, I would request that the study be completed at the time of future
development and the county building permit process.
Elias RLDE Water Supply and Distribution Plan (Revised)
Presently, 352 Saddle Road (Lot 16 in Mountain Springs Ranch) has a well permit issued by the
Colorado Division of Water Rights that states that the permit “is limited to fire protection,
ordinary household purposes inside not more than three (3) single family dwellings, the
watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not
more than (1) acre of home gardens or lawns.”
The well is 220 ft deep. The Well Construction and Test Report (State of Colorado, Office of the
State Engineer) stated that the well had a production rate of “10+ gallons per minute.” The
Pump Installation and Test Report (State of Colorado, Office of the State Engineer) noted a rate
of “12 gallons per minute.”
The well permit rights and data from the above tests demonstrate that there is sufficient water
supply to service a single-family residence on parcel A and a single-family residence on the
proposed RLDE parcel, parcel B.
To ensure that the new parcel would have legal and physical access to water, a well sharing
agreement would be filed with the Garfield County Clerk’s office (see attached well sharing
agreement legal form that would be used), one that deeds equal water sharing rights and well
access to the new parcel. There would be no need for an easement as the division of the
property was purposefully split at the well head, so there would be access to the well for the
new parcel.
At this time, it is difficult to know exactly where the building site will be, so a water distribution
plan is premature.
Elias RLDE
Well Share Agreement Form
Elias RLDE Preliminary Wastewater Management Plan
Please see documents related to my present wastewater management (sewage disposal permit and soil
reports). The land of the proposed building site on Parcel B will likely be located has similar topography
and would likely have similar soils as Parcel A (see Site Plan and Final Plat and Plan). Again, because I do
not know the exact location of the building site, I have not developed a wastewater management plan
for the proposed new lot, though it would follow Garfield County‘s Public Health Department guidelines
(see attached Garfield County Onsite Wastewater Treatment System (OWTS) Application Checklist) and
enlist engineering if necessary (engineering was not required for my current OWTS on Parcel A).
Elias RLDE Preliminary Engineering
While I do have preliminary geologic engineering reports, well and pump tests, and a well-designed
OWTS (See attached geological engineering reports, well and pump test documents, and sewage
disposal permit) for Parcel A (see Site Plan and Final Plan/Plat) , I do not have any engineering reports on
the proposed new undeveloped parcel B, since I do not know the exact location of the building site and
have no development plans at this time.
Elias RLDE Compliance with Standards Contained in Article 7, Divisions 1-4
The proposed Rural Land Development Exemption for Parcel 2L85L9400066 (Elias RLDE) adheres to and
complies with allof the Standards noted in Divisions 1,-4of Article 7 of the Garfield County Land Use and
Development Code.
Article 7, Division 1 Compliance with GeneralApprovalStandards
The proposed RDLE would comply with Article 3, Zoning (7-t}t'), the comprehensive plan and
intergovernmental agreements (7-LOzl, and capacity with adjacent land uses (7-L03). Please see the well
and pump tests documentation in Section 6-Supplemental materials as evidence that there is a sufficient
source of water (7-104). Water distribution will be provided by shared well or 2 wells under restricted
single-family use. Each lost will have its own septic system to manage wastewater (7-1-05).
There is adequate access to utilities (electric and phone) and easements for utilities provided in the HOA
Covenants. (7-L06). There is driveway access to the property granted in the HOA Covenants. A Driveway
permit is required by the county. Access and roadways are within the Mountain Springs Ranch HOA.
There are no natural or geologic hazards on the property (7-108) and there would adequate fire
protection, as much as possible in this ruralenvironment (7-109).
Article 7, Division 2 Compliance with General Resource Protection Standards
There would be no agricultural land usage (7-201). However, there would be open space set aside for
wildlife habitat areas on both parcels. There would be consultation with a wildlife biologists to determine
how to best avoid or mitigate impacts to wildlife and wildlife habitat areas and creation measures would
be implemented such as creating buffers, locatíon controls, preserving native vegetation, engaging in
habitat compensation (if needed), and implementing domestic animal controls (7-202).. Aside from
ensuring no contaminated water makes it to 3-mile creek (a couple miles away), there are no water
bodies nearby the property to protect (7-2O3).
Any future development will engineer for proper drainage and stormwater and snow melt runoff.
Because less than an acre will be developed, there will no need for a CDPHE permit (7-2041. There will be
no development or use of the property that will endanger environment or create poor air quality or
water quality. Regarding wildfire hazards, the any development associated with RLDE will abide by
location restrictions, not increase fire hazards, and buildings and roof materials would be fire retardant
(metal siding and roofing like all the other buildings on the property).
There are no natural or geological hazards on the property (7-2071. Any development of the property
would abide by the reclamation standards (7-208).
Article 7, Division 3 Compliance with Site Planning and Development Standards
The RLDE and its proposed single family dwelling on the new parcel are exempt a number of standard in
Division 3, such as7-3OL,7-3O2, and 7-304. All building exterior lights would conform to the exterior
lighting standards (7-304). This RLDE is exempt from standards regarding snow storage (7-305) and trail
and sidewalk standards (7-306).
Article 7, Division 4 Compliance with Subdivision Standards and Design Specifications
The RDLE will comply with general subdivision standards, such as maintenance of common facilities,
domestic animal control, restrictions on fireplaces and wood burning stoves. The Mountain Springs
Ranch HOA Covenants and Policies coordinate maintenance of common facilities (primarily the road) and
address domestic animal control. Development of a floodplain is not necessary (7-401).
Proposed lots being divided would conform to code (7-402Al.. Standards regarding 7-402 B, C, and D are
not applicable. Survey monuments will be set (7-403).
Will adhere to any School Land Dedication (7-404) and road impact fees (7-a05).