HomeMy WebLinkAbout1.21 Response to NTC ItemsOFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
is a
formed or registered on under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
that have been posted, and by documents delivered to this office electronically through
@ .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on @ in accordance with applicable law.
This certificate is assigned Confirmation Number .
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Rising Tides Enterprises, LLC
Limited Liability Company
20201871567
01/18/2022
01/19/2022 09:05:22
01/19/2022 09:05:22
13726961
10/06/2020
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 1
Appendix: Response to NTC Letter
for Half Moon Subdivision SPAA-11-
21-8870
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Prepared by
Daniel Stewart, P.E. Sara Tie
Roaring Fork Engineering Connect One Design
592 Highway 133 350 Market Street, Unit 307
Carbondale, CO 81623 Basalt, CO 81621
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 2
TABLE OF CONTENTS
Comment Description
Page
1 Special Warranty Deed
3
2 Updated Title Commitment
6
3 Updated 200-foot Property Owners List
22
4 Recorded Statement of Authority
24
5 Letter of Authorization
26
6 History of the Parcel
28
7 Narrative Description of Project
31
8 Preliminary Plan Map
33
9 Battlement Mesa PUD Guide, Compliance, and Related
Agreements
35
10 Article 7 Compliance (Divisions 1 – 4) 74
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Special Warranty Deed 1
Special Warranty Deed
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Provided by
Rising Tides Enterprises, LLC
2361 46 ½ Road
DeBeque, CO 81630
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Title Commitment 1
Updated Title Commitment
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Provided by
Rising Tides Enterprises, LLC
2361 46 ½ Road
DeBeque, CO 81630
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Todd Barton
Rising Tides Enterprises, LLC
2361 46 1/2 Road
DeBeque, CO 81630
email: toddebarton@msn.com
Inquiries should be directed to:
Kari Arneson
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
email: KArneson@titlecorockies.com
Commitment Number:1204972-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):Rising Tides Enterprises, LLC, a Colorado limited liability company
Property:TBD, Parachute, CO 81635
MONUMENT CREEK VILLAGE SEC. 2, Garfield County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$0.00
$0.00
$25.00
$250.00
$275.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07)
ALTA Commitment For Title Insurance
(Adopted 06-17-06) (Revised 08-01-2016)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, W ERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in
Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified
dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of
Commitment shown in Schedule A.
Issued By:
WESTCOR LAND TITLE INSURANCE COMPANY
Title Company of the Rockies, LLC
10 W Beaver Creek Blvd., Suite 221, PO Box
980
Avon, CO 81620-0980
Phone: (970) 949-9497
Westcor Land Title Insurance Company
ALTA Commitment -2006 (6-17-06)
(Reverse side of Cover)
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.1.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim2.
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage resulting from any act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the
proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at
its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve
the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such3.
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or
policies committed for in favor of the proposed Insured which are hereby incorporated by reference and
are made a part of this Commitment except as expressly modified herein.
This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title4.
or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may
have or may bring against the Company arising out of the status of the title to the estate or interest or the
status of the mortgage thereon covered by this Commitment must be based on and are subject to the
provisions of this Commitment.
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5.
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as
the exclusive remedy of the parties. You may review a copy of the arbitration rules at<
http://www.alta.org/>.
(Reverse side of Cover)
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
Title Company of the Rockies, LLC
Westcor Land Title Insurance Company (“W LTIC”) and Title Company of the Rockies, LLC value their customers and are
committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy
Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the
measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a
means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately
instituted, executed, and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a W LTIC title insurance policy. Generally, this means that the
Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal
information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent,
lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs.
These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and
administration and accounting.
Information Sharing
Generally, neither W LTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance
policy as requested by the consumer. W LTIC or Title Company of the Rockies, LLC may share nonpublic personal information
as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement.
Entities with whom W LTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as W LTIC and Title
Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. W LTIC or Title
Company of the Rockies, LLC , however, may share information as required by law in response to a subpoena, to a government
regulatory agency or to prevent fraud.
Information Security
W LTIC and Title Company of the Rockies, LLC , at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 1204972-C
1.Effective Date: November 01, 2021, 7:00 am Issue Date: November 29, 2021
2.Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)Policy Amount: Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at item 4 below
3.The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4.The Title is, at the Commitment Date, vested in:
Rising Tides Enterprises, LLC, a Colorado limited liability company
5.The land referred to in this Commitment is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R490494
Countersigned
Title Company of the Rockies, LLC
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land 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.
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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
Page 1
By:
Mike Mulligan
Commitment No: 1204972-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Restricted Reserve "C",
MONUMENT CREEK VILLAGE, SECTION TWO, according to the Plat thereof filed October 5, 1981 as
Reception No. 319920.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under
this commitment until it receives a specific designation of a Proposed Insured, and has revised this
commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the
Company may amend this commitment to add, among other things, additional exceptions or
requirements after the designation of the Proposed Insured.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land 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.
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
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
Page 3
Commitment No: 1204972-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other
instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the
policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of
the county in which said property is located.
All of the following Requirements must be met:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by5.
the Homeowners Association have been paid through the date of closing.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you
should have knowledge of any outstanding obligation, please contact the Title Department
immediately for further review prior to closing.
Deed from Rising Tides Enterprises, LLC, a Colorado limited liability company to Purchaser with6.
contractual rights under a purchaser agreement with the vested owner identified at item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to
accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE
RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY,
COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR
INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH
ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land 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.
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
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I
Page 4
Commitment No: 1204972-C
GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID
BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE
TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL
IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE
COLORADO DEPARTMENT OF INSURANCE.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land 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.
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
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I - continued
Page 5
Commitment No: 1204972-C
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES
STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
Any facts, right, interests, or claims which are not shown by the Public Records but which could be1.
ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that3.
would be disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public
Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records
of such agency or by the Public Records.
Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found7.
to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded
December 11, 1897, in Book 12 at Page 468.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in United8.
States Patent recorded December 11, 1897, in Book 12 at Page 468, and March 21, 1904, in Book 56 at
Page 495.
An undivided 1/2 interest in all oil, gas and other mineral rights, as reserved by The Federal Land Bank of9.
Wichita in the Deed to Clyde M. Morrow and Mary Belle Morrow recorded December 18, 1944, in Book
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land 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.
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
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
Page 6
Commitment No: 1204972-C
213 at Page 269, and any and all assignments thereof or interests therein.
An undivided 1/2 interest in all oil, gas and other mineral rights, as reserved by Carl Davidson in the Deed10.
to Rea L. Eaton recorded June 12, 1957, in Book 301 at Page 212, and any and all assignments thereof or
interests therein.
Easement and right of way for electric transmission lines purposes, as granted by Rea L. Eaton to Public11.
Service Company of Colorado by instrument recorded October 20, 1960, in Book 330 at Page 554, said
easement being .
An undivided 1/32 interest in all oil, gas and other mineral rights, as reserved by Julia V. Morrow and Ruth12.
V. Keithley in the Deed to John W. Sarage recorded November 10, 1961, in Book 337 at Page 480, and any
and all assignments thereof or interests therein.
All interest in all oil, gas and other mineral rights, as reserved by The Exxon Corporation in the Deed to13.
Battlement Mesa Inc. recorded April 9, 1981, in Book 569 at Page 301, and any and all assignments thereof
or interests therein.
Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded14.
October 5, 1981 in Book 582 at Page 721.
Restrictions, which do not a forfeiture or reverter clause, as contained in instrument recorded October 15,15.
1981, in Book 583 at Page 456, as amended by instruments recorded April 19, 1982, in Book 597 at Page
423, and August 26, 2003 in Book 1510 at Page 748.
Easements, rights of way and all other matters as shown on the Plat of Monument Creek Village, Section16.
Two, filed October 5, 1981 as Reception No. 319920.
Terms, agreements, provisions, conditions and obligations as contained in Annexation to Battlement Mesa17.
recorded May 3, 1982, in Book 598 at Page 557.
An undivided 40% interest in all oil, gas and other mineral rights, as conveyed by Exxon Corporation to18.
Tosco Corporation by Deed recorded June 22, 1982 in Book 601 at Page 658, and any and all assignments
thereof or interests therein.
Restrictions, which do not contain a forfeiture or reverter clause, but omitting any covenants or restrictions,19.
if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in
applicable state or federal laws, except to the extent that said covenant or restriction is permitted by
applicable law,as contained in instrument recorded August 13, 1991 at Reception No. 426419, as amended
and supplemented by instruments recorded April 27, 1999 at Reception No. 544590, November 11, 2001 at
Reception No. 592295, March 28, 2002 at Reception No. 600070, October 31, 2002 at Reception No.
613708, August 26, 2003 at Reception No. 631973, March 1, 2004 at Reception No. 647410, April 25,
2005 at reception No. 672848, January 13,m 2006 at Reception No. 690448, February 27, 2006 at
Reception No. 692885, August 3, 2009 at Reception No. 772654, October 21, 2011 at Reception No.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land 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.
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
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II - continued
Page 7
Commitment No: 1204972-C
809699 and October 4, 2019 at Reception No. 926453.
Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 93-041 recorded20.
May 18, 1993 at Reception No. 447570.
Terms, agreements, provisions, conditions and obligations as contained in Surface Use Agreement recorded21.
July 8, 1999 at Reception No. 548481 and amendments recorded August 20, 2010 at Reception No.
790390, June 10, 2015 at Reception No. 863878 and July 25, 2017 at Reception No. 895194, Partial
Assignment recorded May 15, 2017 at Reception No. 892360.
Easement and right of way for broadband communication system purposes, as granted by Comcast of22.
colorado/Florida, Inc. to Battlement Mesa Partners, by instrument recorded March 8, 2005 at Reception No.
669853, said easement being more particularly described therein.
Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 2008-33 recorded23.
March 12, 2008 at Reception No. 744451.
Any and all leases and tenancies and any and all parties claiming by, through, or under such leases or24.
tenancies.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land 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.
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
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II - continued
Page 8
Commitment No: 1204972-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting
from the transaction which was closed.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which includes a1.
condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2.
the Land described in Schedule A of this Commitment within the past 13 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3.
and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or Information4.
as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii)
County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from the(iii)
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property, and
(b)That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
Page 9
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such
purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1.
fiduciary capacity.
The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2.
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a)
or
If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b)
180 days from the scheduled date of closing, after which the title entity shall return said funds to the
payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3.
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b)
costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c)
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party.”
Page 10
Commitment No: 1204972-C
Title Company of the Rockies
Disclosures
All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of atleast one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuseto record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that
the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,
there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or
geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property
without the surface owner's permission. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply withthe disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic'slien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subjectof construction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment of
premiums, and indemnity, among others. The general requirements stated above are subject to revision and
approval by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the
transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein
unless the above conditions are fully satisfied.
Page 11
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
200-foot Property Owners List 1
Updated 200-foot Property Owners
List
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Prepared by
Sara Tie
Connect One Design
350 Market Street, Unit 307
Basalt, CO 81621
Half Moon Parcel 200' Buffer Ownership Information
Date Downloaded - 2021-12-03
Parcel Physical Address Owner Account #Mailing Address
240718100006 Not available PARACHUTE NG SQUARED LLC R084648 2361 46 1/2 ROAD DE BEQUE, CO 81630
240718104014 112 CLIFF VIEW CIR PARACHUTE LESTER AND SANDRA GHERARDINI R043087 373 Lodgepole Circle, Parachute Co
240718104015 110 CLIFF VIEW CIR PARACHUTE WARDELL, SAMUEL & HATCHER, AMY C R043088 110 CLIFF VIEW CIRCLE PARACHUTE, CO 81635
240718104016 90 CLIFF VIEW CIR PARACHUTE SZYMCZAK, ROBERT M R043089 90 CLIFF VIEW CRICLE PARACHUTE, CO 81635
240718104017 80 CLIFF VIEW CIR PARACHUTE EALEY, CALEB DANIEL & SHELBY RAE R043090 80 CLIFF VIEW CIRCLE PARACHUTE, CO 81635
240718104018 64 CLIFF VIEW CIR PARACHUTE KELLERBY, SHAUN & ANNE R043091 0064 CLIFF VIEW CIRCLE PARACHUTE, CO 81635
240718104019 60 CLIFF VIEW CIR PARACHUTE CASTELLARI, TAMARA L & DAN R043092 60 CLIFF VIEW CIRCLE PARACHUTE, CO 81635
240718104029 Not available PARACHUTE VALLEY VIEW VILLAGE HOMEOWNERS ASSOCIATION R043102 786 VALLEY COURT GRAND JUNCTION, CO 81505
240718400007 Not available PARACHUTE BATTLEMENT MESA SERVICE ASSOCIATION R800232 401 ARROYO DRIVE PARACHUTE CO 81635
240718415001 Not available PARACHUTE RIFLE COMMERCIAL PARK LLC R470046 751 HORIZON COURT SUITE 105 GRAND JUNCTION, CO 81506
240718418028 Not available PARACHUTE RISING TIDES ENTERPRISES LLC R490494 2361 46 1/2 ROAD DE BEQUE, CO 81630
240718421001 16 LIMBERPINE CIR PARACHUTE DUNHAM, MILDRED E R800029 16 LIMBERPINE CIRCLE PARACHUTE, CO 81635
240718421002 28 LIMBERPINE CIR PARACHUTE STREETER, DAVID M & B CELESTE R800030 28 LIMBERPINE PARACHUTE, CO 81635
240718421003 31 LARKSPUR PL PARACHUTE DARNALL, CLAIR JOAN R800031 31 LARKSPUR PLACE PARACHUTE, CO 81635
240718421031 Not available PARACHUTE CANYON VIEW HOMEOWNERS ASSOCIATION R800059 73 SIPPRELLE DRIVE, SUITE G PARACHUTE, CO 81635-9213
240718422007 45 ASTER CT PARACHUTE KEHM, SHARON ANN & JOHN M JR R800066 17211 SNOW CREEK LN MORRISON, CO 80465
240718422008 35 ASTER CT PARACHUTE TRICKETT, PAUL C & HOPKINS, JENNIFER R800067 35 ASTER COURT PARACHUTE, CO 81635
240718422009 25 ASTER CT PARACHUTE MOYER, WALT S II & CINDY L R800068 25 ASTER COURT PARACHUTE, CO 81635
240718422010 15 ASTER CT PARACHUTE HAWKINS, JOSEPH & SUSAN CAMPBELL R800069 15 ASTER COURT PARACHUTE, CO 81635
240718422011 Not available PARACHUTE CANYON VIEW HOMEOWNERS ASSOCIATION R083272 73 SIPPRELLE DRIVE, SUITE G PARACHUTE, CO 81635-9213
240718423001 299 LIMBERPINE CIR PARACHUTE MASSINGILL, NORMA KAY R800070 PO BOX 2885 GLENWOOD SPRINGS, CO 81602
240718423002 287 LIMBERPINE CIR PARACHUTE FARR, MARY R800071 PO BOX 73 SNOWMASS, CO 81654
240718423015 62 POPPY CT PARACHUTE SHOVE, FRANK B R800084 62 POPPY COURT PARACHUTE, CO 81635
240718423016 65 POPPY CT PARACHUTE HARRIS, DEAN N & KATHLEEN A R800085 65 POPPY COURT PARACHUTE, CO 81635
240718423017 55 POPPY CT PARACHUTE BRINKLEY, ERIK R800086 55 POPPY COURT PARACHUTE, CO 81635
240718423018 45 POPPY CT PARACHUTE COX, DOLORES A R800087 45 POPPY COURT PARACHUTE, CO 81635
240718423019 35 POPPY CT PARACHUTE KOZUCH, MARK D R800088 8183 ANCHOR POINT DRIVE WEEKI WACHEE, FL 34607
240718423024 28 CEDAR CT PARACHUTE STRUWE, RONALD W & NELLIE R800093 28 CEDAR COURT PARACHUTE, CO 81635
240718423025 38 CEDAR CT PARACHUTE FINUCANE, DENNIS & ARMINDA R800094 38 CEDAR COURT PARACHUTE, CO 81635
240718423026 48 CEDAR CT PARACHUTE BRASPENNINX, DENNIS & BRENDA R800095 48 CEDAR COURT PARACHUTE, CO 81635
240718423027 45 CEDAR CT PARACHUTE HUTCHINGS, KENNETH O, TRUSTEE 45 CEDAR COURT TRUST R800096 7300 COUNTY ROAD 313 NEW CASTLE, CO 81647-9673
240718423029 39 LIMBERPINE CIR PARACHUTE CERISE, WALTER JOHN SR LIVING TRUST R800098 39 LIMPERPINE CIRCLE PARACHUTE, CO 81635
240718423030 27 LIMBERPINE CIR PARACHUTE BASCOM, ELIZABETH R800099 27 LIMBERPINE CIRCLE PARACHUTE, CO 81635
240718423031 13 LIMBERPINE CIR PARACHUTE MILLIUS, LISA R800100 55 LODGEPOLE CIRCLE PARACHUTE, CO 81635
240718423032 Not available PARACHUTE CANYON VIEW HOMEOWNERS ASSOCIATION R800101 73 SIPPRELLE DRIVE, SUITE G PARACHUTE, CO 81635-9213
240718424017 38 SNOWBERRY PL PARACHUTE MUNOZ XILOJ, JOSUE ALFREDO & PAYAN, LUSIANNA REA R800162 38 SNOWBERRY PLACE PARACHUTE, CO 81635
240718424018 28 SNOWBERRY PL PARACHUTE BOND, ALEX DAVID & EMILY SHAE R800163 28 SNOWBERRY PLACE PARACHUTE, CO 81635
240718424019 22 SNOWBERRY PL PARACHUTE JAMES, AARON R800164 22 SNOWBERRY PLACE PARACHUTE, CO 81635
240718425005 39 LODGEPOLE CIR PARACHUTE CHENOWETH, ERIC A & NICOLE C R800169 39 LODGEPOLE CIRCLE PARACHUTE, CO 81635
240718425006 21 LODGEPOLE CIR PARACHUTE ALLEN, VIRGINIA L R800170 21 LODGEPOLE CIRCLE PARACHUTE, CO 81635
Half Moon Parcel 200' Buffer Ownership Information 1
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Statement of Authority 1
Statement of Authority
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Provided by
Rising Tides Enterprises, LLC
2361 46 ½ Road
DeBeque, CO 81630
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Letter of Authorization 1
Letter of Authorization
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Prepared by
Rising Tides Enterprises, LLC
2361 46 ½ Road
DeBeque, CO 81630
LETTER OF AUTHORIZATION
Rising Tides, LLC
P.O. Box 300
Parachute, CO 81635
November 12, 2021
Philip Berry
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
To Garfield County,
l, __________________________________, as the _________________________ of Rising Tides, LLC
am authorized and empowered to authorize Tammie VanDeusen, Connect One Design, Inc. and/or
Roaring Fork Engineering to submit, amend or speak on behalf of any/all procedures necessary to obtain
Division of Land on the property known as: Half Moon Subdivision Parcel# 240718418028.
Signed: ________________________________________________________
Signature: ______________________________________________________
Date: _______________
DocuSign Envelope ID: 319DCB6E-3B32-4925-B3FC-5F01F0772250
Todd E Barton
11/16/2021
Todd E Barton, Managing Member
Managing Member
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Half Moon Parcel History 1
Half Moon Parcel History
Half Moon
Subdivision
Battlement Mesa,
CO
December 10, 2021
Prepared by
Sara Tie
Connect One Design
350 Market Street, Unit 307
Basalt, CO 81621
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Half Moon Parcel History 2
HISTORY OF THE HALF MOON PARCEL
The Half Moon Parcel (Parcel number 240718418028) was created in 1981 as part of the Monument
Creek Village, Section 2 Subdivision (Reception #319920), and the parcel was annexed into Battlement
Mesa in 1982. The original PUD zoning of the parcel was PSR (public, semipublic, recreation).
In 1993, blocks 1,2, and 3 of Monument Creek Village submitted a re-subdivision application, which was
approved on the condition that the lot in question (called the Monument Creek School Site) be deeded
to Garfield County School District No. 16 for public school use only as part of the final plat. (Reception
#447570) This transfer to the school district was recorded 07/08/1993.
The parcel was sold from the school district back to a private land holder in 2007 and was rezoned, along
with several other parcels in the PUD in a 2008 application. (Reception #744451) This rezoning
transitioned the property from PSR to MDR (medium density residential), which is the current zone for
the parcel.
To the applicant’s knowledge no additional restrictions or conditions have been placed on the
subdivision or development of this parcel.
SUMMARY OF RELATED DOCUMENTS
Reception No. Date Document Title Description
313722 4/9/1981 Special Warranty Deed Transfer of Real Property from Exxon
Corporation to Battlement Mesa, Inc.
319920 10/5/1981 Plat
Final Plat from Subdivision of
Monument Creek Village, Section 2
(maps)
319919 10/5/1981
Declaration of CC&Rs for
Monument Creek Village,
Section 2
CC&Rs for Monument Creek Village,
Section Two
326824 10/6/1981 Amendment to Declaration of
CC&Rs for Battlement Mesa
Basic changes or clarifications of
definitions in CC&Rs
320285 10/15/1981 Declaration of CC&Rs for
Battlement Mesa
The creation of the Battlement Mesa
CC&Rs, to which the parcel becomes
subject after annexation
327384 5/3/1982 Annexation to Battlement
Mesa
Annexation into Battlement mesa
328724 6/22/1982 Special Warranty Deed
Tosco Communities Corporation
grants to Battlement Mesa, Inc. their
interest in property, excepting
mineral rights, which are granted to
Exxon Corporation
447570 5/17/1993 Resolution No. 93-041 A resolution concerned with the
approval of a preliminary plan for the
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Half Moon Parcel History 3
re-subdivision of blocks 1, 2, and 3 of
Monument Creek Village
449641 7/8/1993 Bargain and Sale Deed Transfer of ownership to Garfield
County School District 16
727520 7/6/2007 Bargain and Sale Deed
Transfer of ownership from Garfield
County School District 16 to a private
holder
744451 2/11/2008 Resolution No. 2008-33
A resolution concerned with the
approval of a zone district
amendment affecting approximately
423 acres within the Battlement
Mesa PUD from Open Space (OS),
Business Center (BC), Semi-public and
Recreational (PSR) and Central Area
Residential (CAR) to Medium Density
Residential (MDR) and Low Density
Residential (LDR)
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 1
Narrative Description
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Prepared by
Daniel Stewart, P.E.
Roaring Fork Engineering
592 Highway 133
Carbondale, CO 81623
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 2
Existing Conditions
The subdivision property is relatively flat, previously disturbed ground. It is surrounded on the south
and west by Northstar Trail Road, and to the North by a dry arroyo that is approximately twenty feet
deep. There is no running water through the site and no high ground water in the area. The site is
moderately covered by native grass that matches the semi-arid climate of the Battlement Mesa area.
No offsite drainage enters the property and due to the ground cover and slope, the historic stormwater
discharge off the site is minimal.
Areas within 1,500 feet to the south and west of the proposed Half Moon Subdivision are single
family housing units. These housing developments make up The Villages Subdivisions of Canyon
View and Stone Ridge. Directly north of the Half Moon Subdivision is a dry arroyo that separates the
Valley View Village Subdivision by approximately 300 feet. Also bordering the proposed
subdivision to the north is privately owned open space and a transmission powerline and easement
approximately 550 feet to the northwest. To the east of the Half Moon Subdivision is vacant land
and beyond the vacant land is Stone Quarry Road and the Garfield County School District
Administration Building on the opposite side of Stone Quarry Road approximately 800 feet from the
subdivision.
Secondary electric servicing streets lights along Northstar Trail are in the right-of-way bordering the
property. Buried telephone cable and pedestals are also within Northstar right-of-way, as well as fire
hydrants. No utilities are within proposed lots within Half Moon Subdivision. A curb inlet along
Northstar Trail is piped to the dry arroyo on the eastern boundary of the property.
Proposed Conditions
The proposed Half Moon Subdivision is comprised of forty-eight privately-owned single-family lots
and three open space parcels. The proposed housing type and size will be zero-lot-line detached
housing between 1,500-2,100 sf in size with an attached two-car garage. The open space parcels will
be used for subdivision signage and green space, as well as stormwater detention/storage facilities.
The subdivision will have two access points off Northstar Trail at the furthest eastern, uphill side of
the subdivision and the most western, downhill side of the subdivision. Interior to the subdivision
will be two roads splitting the lots into three rows running east/west in direction. The access roads
will be two lane, eleven feet in width each, with parallel on street parking and curb and gutter on both
sides. The total right-of-way width is fifty feet that will be bordered with a five-foot utility easement.
Water, sanitary sewer, gas, electricity, telephone and cable will all be provided in the subdivision.
The water and sewer mains will be taken over and owned by Battlement Mesa Metro District and will
connect to existing water and sewer infrastructure in the area. Gas, electric, telephone and cable will
all be supplied by private service providers. All infrastructure is proposed to be underground aside
from street lighting, electrical transformers and metering, and telephone and cable pedestals. The
above ground infrastructure will be installed within the five-foot utility easements boarding the
streets.
Stormwater within the subdivision will be directed toward the curb and gutter in the street and
conveyed through a proposed under ground storm drain system via curb inlets and reinforced concrete
pipes. The storm systems outlet into two stormwater detention ponds designed to treat the stormwater
and release it at a 25-year 24-hour storm historic rate through outlet structures within the detention
ponds. The historic outlets daylight in the dry arroyo to the north of the subdivision. Stormwater
systems are designed to protect the homes in the subdivision from the 100-year storm event.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 1
Preliminary Plan Map
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Prepared by
Daniel Stewart, P.E.
Roaring Fork Engineering
592 Highway 133
Carbondale, CO 81623
HALF MOON SUBDIVISIONBATTLEMENT MESA, COPRELIMINARY SITE MAP
6TH AMENDED AND ESTATED PUD GUIDE January 1, 2014
BATTLEMENT MESA PUD GUIDE
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
2 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
Battlement Mesa PUD Zone District Regulations
1.0 RDR – Rural Density Residential.
1.1 Uses by right: Detached single-family dwellings and customary accessory uses,
including buildings for shelter or enclosure of animals or property accessory to the
use of the lot for single-family residential purposes and fences, hedges, gardens,
walks, and similar landscape features; park.
Temporary real estate sales offices and model homes used only for the purpose of
initial sales by the developer of property located within the Rural Density
Residential Zone District.
1.2 Uses, conditional: Church, school, community building , day nursery, fire station,
and other public uses.
1.3 Uses, special: Extraction and processing of natural resources.
1.4 Intensity of Use: A maximum of 1.0 dwelling unit per gross acre.
1.5 Minimum Lot Area: 12,500 square feet.
1.6 Maximum Site Coverage: For detached single-family dwellings, without common
area as part of the plat at the time of subdivision, not more than 45 % of each lot
shall be covered by buildings and parking areas.
For detached single-family dwellings with common open area as part of the plat at
the time of subdivision, not more than 50% of the platted area shall be covered by
buildings, parking areas, and private streets.
1.7 Minimum Setbacks:
1. Front Yard
a. Arterial or Collector Street:
i. No residential structures shall front on an arterial or collector
street.
ii. For all other uses, 100 feet from street centerline or 50 feet from
front lot line, whichever is greater.
b. Local Street:
i. For residential structures 50 feet from street centerline or 25 feet
from the front lot line, whichever is greater.
ii. For all other uses, 100 feet from street centerline or 50 feet from
front lot line, whichever is greater.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
3 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
2. Rear Yard: 20 feet from rear lot line.
3. Side Yard: 10 feet form side lot line. On corner lots, the site yards ahll
be 25 feet when automobile access is taken across the side yard; the side
yard shall be 15 feet when no automobile access is taken across the sid e
yard.
1.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
1.9 Minimum Off-Street Parking:
1. Two spaces per dwelling unit;
2. For all other uses, see Supplementary Regulations in Section 10.6.
1.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
4 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
2.0 LDR – Low Density Residential
2.1 Uses by right: Detached single-family dwellings and attached single-family
dwellings (either townhouses or zero-lot-line houses) and customary accessory
uses, including buildings for shelter or enclosure of animals or property accessory
to the use of the lot for single-family residential purposes and fences, hedges,
gardens, walks, and similar landscape features; park.
Temporary real estate sales offices and model homes used only for the purpose of
initial sales by the developer of property located within the Low Density Residential
Zone District.
2.2 Uses, conditional: Church, school, community building, day nursery, fire station,
and other public uses.
2.3 Uses, special: Extraction and processing of natural resources.
2.4 Intensity of Use: A maximum of 5.0 dwelling units per gross acre.
2.5 Minimum Lot Area:
1. For single-family detached dwelling, 7,500 square feet.
2. For townhouse attached single-family dwellings, 2,200 square feet.
3. For zero-lot-line attached single-family dwelling, 4,000 square feet.
2.6 Maximum Site Coverage: For detached and attached single-family dwellings
without common area as part of the plat at time of subdivision , not more than 60%
of each lot shall be covered by buildings and parking areas.
For detached and attached single-family dwellings with common open area as part
of the plat at the time of subdivision, not more than 70% of the platted area shall be
covered by buildings, parking areas, and private streets.
2.7 Minimum Setbacks:
1. Front Yard
a. For single-family detached dwellings:
i. Arterial or collector streets: no structure shall front on an arterial
or collector street.
ii. Local Streets: 50 feet from street centerline or 25 feet from lot
line, whichever is greater.
b. For zero-lot-line and townhouse attached single-family dwellings:
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
5 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
i. Arterial or collector streets: no structure shall front on an arterial
or collector street.
ii. Local Streets: 25 feet from front lot line, if there is a front-facing
garage; or no setback if there is a side-facing garage or at least
25 feet of common open space between the curb line and the lot
line.
c. For all other uses:
i. Arterial or collector streets: 100 feet form street centerline or 50
feet from front lot line, whichever is greater.
ii. Local Streets: 25 feet from front lot line, if there is a front-facing
garage; or no setback if there is a side-facing garage or at least
25 feet of common open space between the curb line and the lot
line.
2. Rear Yard:
a. For single-family detached dwellings 15 feet from the rear lot line.
b. For zero-lot-line and townhouse attached single-family dwelling:
i. 10 feet from rear lot line if no alleys or rear utility easements are
provided.
ii. No rear yard is required where alleys or utility easements are
provided and no automobile access is allowed.
iii. Where automobile access is taken:
a) 25 foot setback where there is a rear-facing garage.
b) No setback for a side-facing garage.
c) No setback if there is at least 25 feet of common open space
between the alley pavement and the lot line.
c. For all other uses: 25 feet when adjacent to residential uses or 10 feet
when not adjacent to residential uses.
3. Side Yard:
a. For single-family detached 6 feet from side lot line. On corner lots, the
side yard shall be 25 feet when automobile access is taken across the
side yard; the side yard shall be 15 feet when no automobile access is
taken across the side yard.
b. For zero-lot-line dwellings 10 feet on one lot line and no setback on the
opposite lot line. No accessory buildings shall be permitted within the
required side yard.
c. For townhouse attached single-family dwellings no side yards are
required except for corner lot conditions. On corner lots, the side yard
shall be 25 feet when automobile access is taken across the side yard;
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
6 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
the side yard shall be 15 feet when no automobile access is taken
across the side yard.
d. For all other uses: 10 feet from a side lot line or 25 feet for a side yard
on a corner lot.
2.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
2.9 Minimum Off-Street Parking:
1. For single-family detached dwelling two spaces per unit.
2. For townhouses and zero-lot-line attached single-family dwellings two
spaces per dwelling unit and ½ visitor space provided or in common
community open space or a combination thereof.
3. For multiple-family dwelling one and one-half spaces per dwelling unit.
4. For all other uses: see Supplementary Regulation (Section 10.6).
2.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
1. For zero-lot-line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.
2. No portion of any building shall extend beyond lot lines into public
easements or public rights-of-way.
3. For zero-lot-line and townhouse dwelling no windows or openings shall be
allowed in a wall abutting a property line that faces into an adjoining lot.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
7 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
3.0 MDR Medium Density Residential
3.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either
attached or detached), zero-lot-line dwellings (either attached or detached), two-
family and multiple-family dwellings, and customary accessory uses, including
buildings for shelter or enclosure of animals or property accessory to the use of the
lot for residential purposes and fences, hedges, gardens, walks, and similar
landscape features; park.
Temporary real estate sales offices and model homes used only for the purpose of
initial sales by the developer of property located within the MDR Zone District.
3.2 Uses, conditional: Church, school, community building, day nursery, fire station,
and other public uses.
3.3 Uses, special: Extraction and processing of natural resources.
3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre.
3.5 Minimum Lot Area:
1. 600 square feet for townhouse dwellings.
2. 2,000 square feet for zero-lot-line dwellings.
3. 7,500 square feet for single-family detached and two-family dwellings.
4. 9,000 square feet for multiple-family dwellings.
3.6 Maximum Site Coverage:
1. For single-family detached dwellings, zero-lot-line dwellings and two-
family dwellings without common open area as part of the plat at the time
of subdivision, not more than 70% of each lot shall be covered by
buildings, drives and parking areas.
For single-family detached dwellings, zero-lot-line dwellings and two-
family dwellings with common open area as part of the plat at the time of
subdivision, not more than 80% of each lot shall be covered by buildings,
drives and parking areas.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
8 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
2. For multiple-family dwellings, not more than 75% of the platted area at the
time of the subdivision shall be covered by buildings, parking areas and
streets.
3. A lot shall not be limited to one principal structure provided:
a. The uses of each structure shall be allowed within the applicable zone
district;
b. The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
c. The entire lot remains under one ownership.
3.7 Minimum Setbacks:
1. Front Yard
a. For single-family detached dwellings and two-family dwellings:
i. Arterial or Collector Streets: no structure shall front on an arterial
or collector street.
ii. Local Streets: 50 feet from street centerline or 25 feet from lot
line, whichever is greater.
b. For multiple-family dwellings:
i. Arterial Streets: 100 feet from street centerline or 50 feet from
front lot line, whichever is greater.
ii. Collector Streets: 90 feet from street centerline or 50 feet from
front lot line, whichever is greater.
iii. Local Streets: 50 feet from street centerline or 25 feet from front
lot line, whichever is greater.
c. For zero-lot-line and townhouse dwellings:
i. No lot shall front on an arterial or collector street.
ii. Local Streets: 20 feet Front Setback from the front lot line, if there
is a front-facing garage; or no setback if there is a side-facing
garage or at least 20 feet of common open space between the
curb line and the lot line.
d. For all other uses:
i. Arterial Streets: 100 feet from street centerline or 50 feet from
front lot line, whichever is greater.
ii. Collector Streets: 90 feet from street centerline or 50 feet from
front lot line, whichever is greater.
iii. Local Streets: 65 feet from street centerline or 40 feet from front
lot line, whichever is greater.
2. Rear Yard:
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
9 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
a. For single-family detached dwellings, two-family dwellings and
multiple-family dwellings 15 feet from the rear lot line.
b. For zero-lot-line and townhouse dwelling:
i. 10 feet from rear lot line if no alleys or rear utility easements are
provided.
ii. No rear yard is required where alleys or utility easements are
provided and no automobile access is allowed.
iii. Where automobile access is taken across the rear yard:
a) 25 foot rear setback where there is a rear-facing garage.
b) No rear setback for a side-facing garage.
c) No rear setback if there is at least 25 feet of common open
space between the alley pavement and the lot line.
c. For all other uses: 25 feet rear setback when adjacent to residential
uses or 10 feet when not adjacent to residential uses.
3. Side Yard:
a. For single-family detached, two-family and multiple-family dwellings 6
feet setback from side lot line. On corner lots, the side yard setback
shall be 25 feet when automobile access is taken across the side yard;
the side yard setback shall be 15 feet when no automobile access is
taken across the side yard.
b. For zero-lot-line dwellings 10 feet setback on one lot line and no
setback on the opposite lot line. No accessory buildings shall be
permitted within the required side yard setback.
c. For townhouse dwellings, no side yards are required except for corner
lot conditions. On corner lots, the side yard setback shall be 25 feet or
at least 25 feet of common open space between the curb line and the
lot line when automobile access is taken across the side yard; the side
yard setback shall be 15 feet or at least 15 feet of common open space
between the curb line and the lot line when no automobile access is
taken across the side yard.
3.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
3.9 Minimum Off-Street Parking:
1. For single-family detached dwelling two spaces per unit.
2. For two-family dwellings two spaces per dwelling unit.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
10 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
3. For townhouses and zero-lot-line dwellings two spaces per dwelling unit
provided on the lot or in common community open space or a combination
thereof.
4. For multiple-family dwelling (1 ½) spaces per dwelling unit.
5. For all other uses: see Supplementary Regulation (Section 10.6).
3.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
1. For zero-lot-line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.
2. No portion of any building shall extend beyond lot lines into public
easements or public rights-of-way.
3. For zero-lot-line and townhouse dwelling no windows or openings shall be
allowed in a wall abutting a property line that faces into an adjoining lot.
3.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82-
121)
1. An “Attached Townhouse Dwelling” shall be a single-family dwelling unit
which occupies an individual platted townhome lot, and shares one or
more common property lines with a directly adjacent and abutting
townhome lot, and shares one or more common building walls with said
adjacent and abutting townhome dwelling, and extends from the lowest to
the highest point of the building between said common walls.
2. A “Detached Townhouse Dwelling” shall be a single-family dwelling unit
which occupies and individual platted townhome lot and does not share
any common property lines with any other townhome lot, and said
townhome lot is surrounded by dedicated community common area.
3. An “Attached Zero-Lot-Line Dwelling” shall be a single-family dwelling unit
which occupies an individual platted zero-lot-line lot and shares one
common building side wall with an adjacent lot zero -lot-line dwelling, and
extends from the lowest to the highest point of the building between said
common walls.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
11 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
4. A “Detached Zero-Lot-Line Dwelling” shall be a single-family dwelling unit
which occupies and individual platted zero-lot-line lot and does not share a
common building side wall with an adjacent lot zero -lot-line dwelling.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
12 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
4.0 CAR – Central Area Residential
4.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either
attached or detached), zero-lot-line dwellings (either attached or detached), two-
family and multiple-family dwellings, and customary accessory uses, including
buildings for shelter or enclosure of animals or property accessory to the use of the
lot for residential purposes and fences, hedges, gardens, walks, and similar
landscape features; park.
Temporary real estate sales offices and model homes used only for the purpose of
initial sales by the developer of property located within the CAR Zone District.
4.2 Uses, conditional: Church, school, community building, day nursery, fire station,
and other public uses.
4.3 Uses, special:
1. Extraction and processing of natural resources.
2. Guest Suite within multi-family dwellings when in conformance with the
requirements of the Garfield County Zoning Resolution, as amended, and
the following additional provisions;
a. Guest suites may be converted to long term use, provided long term
tenants are advised of the guest suite use of other units in writing prior
to signing of the least.
b. Conversion of long term units (rental by the month) to guest suites may
be allowed when the following conditions have been satisfied:
i. Guest suites shall be concentrated within a single structure or
grouping of structures located so as to minimize the possible
conflicts between long term tenants and guest suite tenants.
ii. Long term tenants located within a multifamily complex where
common facilities such as, but not limited to, parking and access
drives or recreation facilities shall be notified of the public hearing
to review a Special Use Permit application in accordance to the
procedures of the Garfield County Zoning Resolution, as amended.
iii. All long term tenants occupying a unit designated for conversion to
a guest suite as approved by the Special Use permit, shall be
released from the terms of any verbal or written agreement
requiring a minimum time period for the rental of the unit, and an
alternate comparable unit made available to the tenant, and the
expense of moving to an alternate unit in the area shall be pa id by
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
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*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
the lessor. Long term residents shall be allowed to reside in a
building being converted into guest suites, if they so choose.
iv. All long term tenants within a housing complex where certain
common facilities (parking, drives, common recreation facilities,
etc.) will be utilized by both long term and guest suite tenants shall,
within 10 days of approval of the Special Use Permit be advised fo
the guest suite use of other units and facilities, in writing.
v. Management and maintenance response shall be available twenty-
four hours per day.
4.4 Intensity of Use:
1. For townhouse dwellings, zero-lot-line dwellings, tow-family and multiple-
family dwellings, a maximum of20.0 dwelling units per gross acre.
2. For single-family detached dwellings, a maximum of 12.0 dwelling units
per gross acre.
4.5 Minimum Lot Area:
1. 600 square feet for townhouse dwellings.
2. 2,000 square feet for zero-lot-line dwellings.
3. 7,500 square feet for single-family detached dwellings and two-family
dwellings.
4. 20,000 square feet for multiple-family dwellings.
4.6 Maximum Site Coverage:
1. For single-family detached dwellings, zero-lot-line dwellings and two-
family dwellings without common open area as part of the plat at the time
of subdivision, not more than 70% of each lot shall be covered by
buildings and parking areas.
2. For single-family detached dwellings, townhouse dwellings, zero-lot-line
dwellings and two-family dwellings with common open area as part of the
plat at the time of subdivision, not more than 80% of each lot shall be
covered by buildings and parking areas.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
14 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
3. For multiple-family dwellings, not more than 80% of the platted area at the
time of subdivision shall be covered by buildings, parking and private
streets.
4. A lot shall not be limited to one principal structure provided:
a. The uses of each structure shall be allowed within the applicable zone
district.
b. The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
c. The entire lot remains under one ownership.
4.7 Minimum Setbacks:
1. Front Yard Setback:
a. For multiple-family dwellings:
i. Arterial Streets: 100 feet from street centerline or 50 feet from
front lot line, whichever is greater.
ii. Collector Streets: 90 feet from street centerline or 50 feet from
front lot line, whichever is greater.
iii. Local Streets: 50 feet from street centerline or 25 feet from lot
line, whichever is greater.
b. For zero lot-line and townhouse dwellings:
i. No lot shall front on an arterial or collector street.
ii. Local Streets: 20 feet setback from the front lot line, if there is a
front-facing garage; or no front setback if there is a side-facing
garage or at least 20 feet of common open space between the
curb line and the lot line.
c. For single-family detached dwellings and two-family dwellings:
i. Arterial or Collector Streets: no structure shall front on an arterial or
collector street
ii. Local Street: 20 feet setback form the front lot line, if there is a
front-facing garage; or no front setback if there is a side-facing
garage or at least 20 feet of common open space between the curb
line and the lot line.
d. For all other uses:
i. Arterial Streets: 100 feet from street centerline or 50 feet from
front lot line, whichever is greater.
ii. Collector Streets: 90 feet from street centerline or 50 feet from
front lot line, whichever is greater.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
15 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
iii. Local Streets: 65 feet from street centerline or 40 feet from front
lot line, whichever is greater.
2. Rear Yard Setback:
a. For single-family detached dwellings, two-family and multiple-family
dwellings, 15 feet from the rear lot line.
b. For zero-lot-line and townhouse dwellings:
i. 10 feet setback from rear lot line if no alleys or rear utility
easements are provided.
ii. No rear setback is required where alleys or utility easements are
provided and no automobile access is allowed.
iii. Where automobile access is taken across the rear yard:
a) 25 foot rear setback where there is a rear-facing garage.
b) No rear setback for a side-facing garage.
c) No rear setback if there is at least 25 feet of common open
space between the alley pavement and the lot line.
c. For all other uses: 25 feet rear setback when adjacent to residential
uses or 10 feet rear setback when not adjacent to residential uses.
3. Side Yard Setbacks:
a. For two-family detached dwellings, two–family and multiple-family
dwellings, 6 feet from side lot line. On corner lots, the side yard
setback shall be 25 feet when automobile access is taken across the
side yard; the side yard setback shall be 15 feet when no automobile
access is taken across the side yard.
b. For zero-lot-line dwellings 10 feet setback on one side lot line and no
setback on the opposite side lot line. No accessory buildings shall be
permitted within the required side yard.
c. For townhouse dwellings no side yards are required except for corner
lot conditions. On corner lots, the side yard shall be 25 feet or at least
25 feet of common open space between the curb line and the lot line
when automobile access is taken across the side yard; the side yard
shall be 15 feet or at least 15 feet of common open space between the
curb line and the lot line when no automobile access is taken across
the side yard.
4.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
16 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
4.9 Minimum Off-Street Parking:
1. For single-family detached dwellings, two-family dwellings, two (2) spaces
per dwelling unit.
2. For zero-lot-line and townhouses dwellings, two (2) spaces provided on
the lot or in common community open space or a combination thereof.
3. For multiple-family dwelling 1 ½ spaces per dwelling unit.
4. For all other uses: see Supplementary Regulation (Section 10.6).
4.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
1. For zero-lot-line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.
2. No portion of any building shall extend beyond lot lines into public
easements or public rights-of-way.
3. For zero-lot-line and townhouse dwelling no windows or openings shall be
allowed in a wall abutting a property line that faces into an adjoining lot.
4.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82-
121)
1. An “Attached Townhouse Dwelling” shall be a single-family dwelling unit
which occupies an individual platted townhome lot, and shares one or
more common property lines with a directly adjacent and abutting
townhome lot, and shares one or more common building walls with said
adjacent and abutting townhome dwelling, and extends from the lowest to
the highest point of the building between said common walls.
2. A “Detached Townhouse Dwelling” shall be a single-family dwelling unit
which occupies and individual platted townhome lot and does not share
any common property lines with any other townhome lot, and said
townhome lot is surrounded by dedicated community common area.
3. An “Attached Zero-Lot-Line Dwelling” shall be a single-family dwelling unit
which occupies an individual platted zero-lot-line lot and shares one
common building side wall with an adjacent lot zero -lot-line dwelling, and
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
17 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
extends from the lowest to the highest point of the building between said
common walls.
4. A “Detached Zero-Lot-Line Dwelling” shall be a single-family dwelling unit
which occupies and individual platted zero-lot-line lot and does not share a
common building side wall with an adjacent lot zero -lot-line dwelling.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
18 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
5.0 MHR – Mobile Home Residential
5.1 Uses by right: Mobile and manufactured homes, single-family detached dwellings,
and customary accessory uses, including buildings for the shelter or enclosure of
animals or property accessory to use of the lot for residential purposes and fences,
hedges, gardens, walks, and similar landscape features; day nursery; park.
Mobile home parks, camper parks, recreational vehicle parks including park
models and customary accessory uses, including buildings for the shelter of
property and services accessory to mobile home, camper and recreational vehicle
park purposes. Park models are recreational vehicles which are allowed to remain
in the same location within a designated recreational vehicle park for an
unrestricted period of time.
Temporary real estate offices and model homes used only for the purpose of initial
sales by the developer of the property located within the Mobile Home Residential
Zone District.
5.2 Uses, conditional: Church, school, community building, day nursery, fire station,
and other public uses.
5.3 Uses, special: Extraction and processing of natural resources.
5.4 Intensity of Use:
1. A maximum of 9.0 mobile home units per gross acre.
2. A maximum of 18.0 recreational vehicles lots or spaces per gross acre.
5.5 Minimum Lot Area:
1. Single-family lot - 3,000 square feet
2. Recreational vehicle lot or space – 1, 500 square feet
5.6 Maximum Site Coverage: For single-family dwellings and mobile homes not more
than 60% of each lot shall be covered by buildings and parking areas.
For camper and recreational vehicle parks no maximum site coverage shall apply.
No more than two (2) camper vehicles shall be allowed on any one mobile home
space.
5.7 Minimum Setbacks: Minimum setbacks requirements of the adjacent zone district
regulations shall be observed on the periphery of the mobile home park.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
19 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
1. Front Yard
a. Arterial or Collector Streets: no structure shall fornt on an arterial or
collector street.
b. Local Streets: 17 feet from the front lot line.
2. Rear Yard: 6 feet from the lot line.
3. Side Yard: 6 feet from the side lot line. On corner lots, the side yard shall
be observed along the street with the longest lot line d imension.
4. Through Lots: Lots extending from one street to another paralleling street
shall consider the street with the narrowest right-of-way as the front street
for the purpose of calculating the front yard setback. The opposite yard
shall be considered the rear yard if the provisions of Section 10.4 of the
Supplemental Regulations have been satisfied.
5. Recreational Vehicle Lots: Recreational vehicle and camper lots and
spaces shall be separated from single-family dwellings by a dedicated
street right-of-way, a minimum 15 foot wide greenbelt or a rear yard.
5.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
5.9 Minimum Off-Street Parking:
1. Two spaces per dwelling unit.
2. For all other uses: see Supplementary Regulation (Section 10.6).
5.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
20 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
6.0 NC – Neighborhood Center
6.1 Uses by right: Retail commercial establishments not exceeding 15,000 square feet
of building area for each principal use, including grocery, dry goods, hardware,
bakery, liquor, drug, florist, books and similar uses.
Personal service establishments not exceeding 5,000 square feet of building area
for each principal use, including barber, beauty, self-service laundry, dry cleaning,
photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor
eating and drinking establishments (which may include liquor), banks, and similar
uses.
Offices for business and professional uses.
Gasoline service stations with two or less service bays, which must be sited with
limited vehicular access and service areas reasonably screened from public view,
self-service storage facilities.
Unmanned carwash facilities (coin operated self-service or automatic touch-free)
with four or less wash bays and vacuum stations, which must be sited with limited
vehicular access.
6.2 Uses, conditional: Church, community building, day nursery and school,
auditorium, public building for administration, fraternal lodge, art gallery, museum,
library.
6.3 Uses, special: Extraction and processing of natural resources.
6.4 Intensity of Use: See general conditions under Supplementary Regulations.
6.5 Minimum Lot Area: 7,000 square feet.
6.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of
subdivision shall be covered by buildings, parking areas and private streets. A
minimum of 10% of the site shall be in unpaved landscape development.
A lot shall not be limited to one principal structure provided:
1. The uses of each structure shall be allowed within the applicable zone
district.
2. The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
21 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
3. The entire lot remains under one ownership.
6.7 Minimum Setbacks:
1. Front Yard:
a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot
line, whichever is greater.
b. Collector Streets: 90 feet from street centerline or 50 feet from front lot
line, whichever is greater.
c. Local Streets: 65 feet from street centerline or 40 feet from front lot
line, whichever is greater.
2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not
adjacent to residential use.
3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner
lot.
6.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
6.9 Minimum Off-Street Parking:
1. Retail commercial and personal service: One parking space per 200
square feet of floor area (except storage areas).
2. Office: One parking space per 300 square feet of floor area.
3. Gasoline Service Stations: Minimum of 4 spaces excluding service areas
and service bays.
4. For all other uses: see Supplementary Regulation (Section 10.6).
6.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
22 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
7.0 OP – Office Park
7.1 Uses by right: Offices for business and professional uses; research facilities,
testing laboratories, and facilities for the manufacturing, fabrication, processing or
assembly of products provided that such facilities are completely enclosed and
provided that noise, smoke, glare, vibration, fumes, or other environmental
problems which exceed normal residential conditions are confined to the user’s lot.
Personal service establishments not exceeding 5,000 square feet of building area
for each principal use, including barber, beauty, self-service laundry, dry cleaning,
photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor
eating and drinking establishments (which may include liquor), within the principal
building.
7.2 Uses, conditional: Church, community building, day nursery and school,
auditorium, public building for administration, fraternal lodge, art gallery, museum,
library.
7.3 Uses, special: Extraction and processing of natural resources.
7.4 Intensity of Use: See general conditions under Supplementary Regulations.
7.5 Minimum Lot Area: 7,500 square feet.
7.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of
subdivision shall be covered by buildings, parking areas and private streets. A
minimum of 10% of the site shall be in unpaved landscape development.
A lot shall not be limited to one principal structure provided:
1. The uses of each structure shall be allowed within the applicable zone
district.
2. The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
3. The entire lot remains under one ownership.
7.7 Minimum Setbacks:
1. Front Yard
a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot
line, whichever is greater.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
23 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
b. Collector Streets: 90 feet from street centerline or 50 feet from front lot
line, whichever is greater.
c. Local Streets: 65 feet from street centerline or 40 feet from front lot
line, whichever is greater.
2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not
adjacent to residential use.
3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner
lot.
7.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
7.9 Minimum Off-Street Parking:
1. Research facility, testing laboratory, manufacturing, fabrication,
processing, or assembly of products: One parking space per 400 square
feet of floor area.
2. Office and professional uses: One parking space per 300 square feet of
floor area.
3. Personal service uses: one parking space per 200 square feet of floor
area (except for storage area).
4. For all other uses: see Supplementary Regulation (Section 10.6).
7.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
24 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
8.0 BC Business Center
8.1 Uses by right: Retail, commercial establishments including grocery, dry goods,
hardware, bakery, liquor, drug, florist, books, sporting goods, appliances, variety
stores, department stores, automotive accessory parts, furniture, garden supply,
animal feed, plant nursery outlets and similar uses.
Personal service establishments including barber, beauty, self-service laundry, dry
cleaning, photo and art studios, travel agency, shoe repair, health spa, private
clubs, indoor eating and drinking establishments (which may include liquor), banks
and similar uses.
Offices for business and professional uses.
Research facilities, testing laboratories, and facilities for the manufacturing,
fabrication, processing or assembly of products provided that such facilities are
completely enclosed and provided that noise, smoke, glare , vibration, fumes, or
other environmental problems which exceed normal residential conditions are
confined to the user’s lot.
Churches, day-care centers and indoor theatres.
Recreation facilities.
Gasoline service stations with two or less service bays and without car washing
facilities, which must be sited with limited vehicular access and service areas
reasonably screened from public view.
Motels, hotels, including eating and drinking establishments (which may include
liquor).
Multiple family dwellings when located above retail commercial, personal service or
office uses.
Public and semi-public uses as specified in this PUD.
8.2 Uses, conditional: Church, community building, day nursery and school,
auditorium, public building for administration, fraternal lodge, art gallery, museum,
library.
8.3 Uses, special: Extraction and processing of natural resources.
8.4 Intensity of Use: See general conditions under Supplementary Regulations.
8.5 Minimum Lot Area: 7,500 square feet.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
25 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
8.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of
subdivision shall be covered by buildings, parking areas and private streets. A
minimum of 10% of the site shall be in unpaved landscape development.
A lot shall not be limited to one principal structure provided:
1. The uses of each structure shall be allowed within the applicable zone
district.
2. The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
3. The entire lot remains under one ownership.
8.7 Minimum Setbacks:
1. Front Yard
a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot
line, whichever is greater.
b. Collector Streets: 90 feet from street centerline or 50 feet from front lot
line, whichever is greater.
c. Local Streets: 65 feet from street centerline or 40 feet from front lot
line, whichever is greater.
2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not
adjacent to residential use.
3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner
lot.
8.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
8.9 Minimum Off-Street Parking:
1. Retail commercial and personal service: One parking space per 200
square feet of floor are (except storage area).
2. Research facility, testing laboratory, manufacturing, fabrication,
processing, or assembly of products: One parking space per 400 square
feet of floor area.
3. Church or theatre: One parking space per three seats.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
26 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
4. Office and professional uses: One parking space per 300 square feet of
floor area.
5. Recreation facility: Parking shall be provided on the basis of one parking
space per each four persons using the facility (figured at a maximum
capacity use period).
6. Motels and hotels: One parking space per motel or hotel unit.
7. Multi-family dwellings: One and one-half parking space per dwelling unit.
8. Gasoline Service Station: Minimum 8 spaces excluding service areas and
service bays.
9. For all other uses: see Supplementary Regulation (Se ction 10.6).
8.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
27 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
9.0 PSR - Public, Semipublic, and Recreation
9.1 Uses by right: School sites, governmental offices, police and fire stations, library,
day-care centers, public and semipublic health facilities including hospitals and
clinics, recreations uses, churches, community center, neighborhood community
center, water, well sites, sewage treatment facilities, water treatment and storage
facilities, and other public and private utility facilities and buildings.
Community open space and parks, including hiking and bicycle trails, equestrian
trails, intensive use playfields, picnic areas, sledding areas, swimming pools,
tennis courts, natural areas, archery, skeet shooting and similar uses.
Golf course with clubhouse including eating and drinking facilities (which may
include liquor); equestrian center.
9.2 Uses, conditional: Not applicable.
9.3 Uses, special: Extraction and processing of natural resources.
9.4 Intensity of Use: See general conditions under Supplementary Regulations.
9.5 Minimum Lot Area: None.
9.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of
subdivision shall be covered by buildings, parking areas and private streets. A
minimum of 10% of the site shall be in unpaved landscape development.
A lot shall not be limited to one principal structure provided:
1. The uses of each structure shall be allowed within the applicable zone
district.
2. The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
3. The entire lot remains under one ownership.
9.7 Minimum Setbacks:
1. Front Yard
a. Arterial Streets: 75 feet from street centerline or 25 feet from front lot
line, whichever is greater.
b. Collector Streets: 65 feet from street centerline or 25 feet from front lot
line, whichever is greater.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
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*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
c. Local Streets: 50 feet from street centerline or 25 feet from front lot
line, whichever is greater.
2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not
adjacent to residential use.
3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner
lot.
9.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the
center of the building.
9.9 Minimum Off-Street Parking:
1. Church, auditorium and public assembly: One space per 3 seats.
2. Research facility, testing laboratory, manufacturing, fabrication,
processing, or assembly of products: One parking space per 400 square
feet of floor area.
3. Church or theatre: One parking space per three seats.
4. Office and professional uses: One parking space per 300 square feet of
floor area.
5. Recreation facility: Parking shall be provided on the basis of one parking
space per each four persons using the facility (figured at a maximum
capacity use period).
6. Motels and hotels: One parking space per motel or hotel unit.
7. Multi-family dwellings: One and one-half parking space per dwelling unit.
8. Gasoline Service Station: Minimum 8 spaces excluding service areas and
service bays.
9. For all other uses: see Supplementary Regulation (Section 10.6).
9.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of
Subdivision Regulations).
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
29 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
10.0 SR Supplementary Regulations
Division of the subject lands into land use areas and their related development
standards will be as shown of the PUD map and as outlined by the preceding
development standards. To further avoid problems of interpretation, the following
listed supplementary regulations are included as part of the Planned Unit
Development. Where the preceding general standards or the following
supplemental regulations do not adequately described what is permitted or
required, reference shall be made to the officially adopted Garfield County
Zoning Resolution of January 2, 1979, including the zoning amendment, adopted
October 15, 1979, and to the officially adopted Garfield County Subdivision
Regulations of January 2, 1979, and amendments of October 15, 1979.
10.1 Land Use Types: The PUD map shows generally where within the PUD each
type of use is located. The precise location of each use and the location of lots,
blocks and other parcels within each area devoted to each use shall be shown as
that area is hereafter subdivided and platted.
10.2 Uses Permitted: The principal uses for each land use area are listed as a part of
the general development standards; however, any other building, structure or use
which is similar to those enumerated and not more obnoxious or detrimental to
the area in which it is located shall be permitted.
10.3 Intensity of Use: In any residential area defined on the PUD map, the net density
in any given part of the subdivided area may exceed the gross density which
would be permitted for the entire subdivided area so long as the entire
subdivided area, including open space, is within the range of the applicable gross
intensity of use set forth above in the development standards.
10.4 Setbacks: The following yard requirements shall be observed in all zone
districts:
Through Lots: On lots extending form one street to another paralleling street,
both streets shall be considered as front streets for purposes of calculating front
yard setbacks unless a solid screening fence is provided for one yard only and
then the yard adjacent to the fence shall be considered as a rear or si de yard.
Corner Lots: On residential lots bordered on two (2) contiguous sides by streets,
the required front yard setback shall be observed along both streets when
automobile access is taken from the side street.
Two-Family Dwellings: For purposes of setback calculations, a two-family
dwelling shall be construed as one building occupying one lot.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
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*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
Attached single-family dwellings: For purposes of setback calculations, only
those attached single-family dwellings which do not share a common wall with an
adjacent attached dwelling need observe the required side yard setback for the
district, providing building code requirements for this type of structure are
observed.
Projections: Every part of the required yard shall be unobstructed from ground
level to the sky except for projections of architectural features as follows:
cornices, sills and ornamental features – 12 inches; food eaves – 18 inches;
uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls –
no restriction; fire escapes and individual balconies not used as passageways
may project 18 inches into any required side yard or four (4) feet into any fornt or
rear yard.
Accessory Building in Required Rear Yard: An accessory building may be
located in a required rear yard provided not more than forty (40) percent of the
rear yard is covered. Such building shall observe a seven and one-half (7 ½)
foot setback from the rear lot line when there is not an adjacent alley. When
there is an adjacent alley it shall observe a ten (10) foot setback form lot line.
Fences and Screening: A fence, hedge, or wall may be located in any required
yard provided no such installation shall exceed eight (8) feet in height in a
required side yard or rear yard, nor shall nay such structure exceed three (3) feet
in height in any required front yard. No side yard or front yard hedge or fence is
permitted on a corner lot adjacent to the street.
10.5 Maximum Building Height: For purposes of measuring the maximum building
height, grade shall mean the original natural ground level or newly established
elevation resulting from compacted fill so long as any regarded area does not
exceed a four-to-one slope between the ground level of any exterior building wall
and adjacent lot line or property line.
10.6 Minimum Off-Street Parking: Each off-street parking space shall be not less than
8 feet wide and 18 feet long; shall be provided with vehicular access to a street
or alley/ shall be surfaced with gravel, asphalt, concrete or equivalent; shall be
properly drained; and shall be located within convenient walking distance of the
principal building or use for which the parking space is provided.
For either detached single-family dwellings or attached single-family dwellings,
tandem spaces shall be permitted.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
31 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
Where an off-street parking space serves more than one use and peak times for
parking are at different times of the day, such parking space may be included as
part of the minimum requirements for each use.
The following minimum parking requirements for permitted or similar (see Section
10.2) uses are:
1. Churches, community buildings, fraternal lodges and auditorium: One
space per 3 seats in the assembly space.
2. Schools, elementary and middle: One space per instruction area plus one
space for each 4 seats in assembly areas (including gymnasiums).
3. High schools, colleges and universities: One space per instructional area
(classroom, lab, gym) plus one space per 3 students accommodated in
the institution.
4. Community buildings: One space per 3 seats of assembly area.
5. Athletic stadium: One space per 4 seats.
6. Recreation facilities: One space per 4 persons using the facility (figured at
a maximum capacity use period).
7. Day care center: One space per classroom area and one space per 200
square feet of office space and a minimum of 6 spaces.
8. Police and fire stations: One space per 200 square feet excluding garage
areas and a minimum of 4 spaces.
9. Library and museum: A minimum of 10 spaces plus one space per 200
square feet of office or administrative areas.
10.7 Modifications: In general, the proposed development standards for the
Battlement Mesa planned Unit Development correspond closely to normal
criteria of the Garfield County Zoning Resolution. In some cases, the
Battlement Mesa standards are more limiting, while in others typical zoning
regulations appear to be more restrictive. Wherever this last situation exists, the
added flexibility of development with the PUD permits desirable variety and , in
some situations, essential economies of construction and maintenance.
Throughout the Planned Unit Development program, special attention will be
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
32 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
given to bordering private properties so that their values as established by
existing Garfield County zoning standards will be maintained. In line with
Garfield County zoning requirements that no portion of a PUD shall be used or
occupied, otherwise than as was permitted immediately prior to the approval of
rezoning as a PUD, until a subdivision plat for said portion is approved by the
Board of County Commissioners of Garfield County, Battlement Mesa, Inc.,
recognizes the need to design and construct each phase according to all
reasonable public interest.
10.8 See Modification of definitions in 3.11 and 4.11.
10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use
or occupancy of any particular area more restrictive than this PUD would permit,
by provisions on the subdivision plat, restrictive covenants, or provision in the
deed.
10.10 Guest Suite
A multi-family dwelling unit available for daily, weekly or other interim
accommodations in return for a rental fee or other form of compensation and
approved as such during the subdivision review process and/or special use
permit review process.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
33 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
11.0 Modifications of Subdivision Regulations
The Planned Unit Development will conform to the Subdivision Resolutions of
Garfield County, Colorado, adopted January 2, 1979, excep t as noted below or
otherwise provided in this application and except as may be permitted by the
Board of County Commissioners at the time of subdividing. The specific
modifications set forth below are requested to better allow the developer to fulfill
the previously stated purposed and objectives of this PUD.
11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to
continue to provide access to adjacent land not included in the PUD which
presently have access through a public dedicated right-of-way. Adjacent
privately owned land which does not presently have access of a public
dedicated right–of-way through the area of the PUD will be provided appropriate
access. Adjacent land in public ownership which presently does not have
access off a public dedicated right-of-way through the area of the PUD will be
provided appropriate access. Adjacent land in public ownership which presently
does not have access off a public dedicated right -of-way through the area of the
PUD will be provided access at the time of platting at the request of the public
agency controlling the land.
Dead-end streets may be designed with cul-de-sac head that meets the
functional requirements of vehicular turning radii and snow storage; this design
may vary from the 90 foot turnaround.
Residential lots bordering arterial streets may be sided against the street as long
as access to the lot is not from the arterial street.
11.2 Private Street (Sub. Reg. 5.02.02): Private streets may be used in areas within
the PUD where through traffic is not desired and where pavement widths can be
narrower than those required on public streets. In such cases, roadway widths
of 20 to 24 feet may be used where the design considers traffic volumes,
satisfactory off-street parking arrangements, planned snow storage areas,
adequate site distances, reasonable gradients and turnarounds adequate for
emergency vehicles. Furthermore in such cases for commercial, retail and
office uses, setbacks of 15 to 25 feet may be used for front and side yards
where the design considers the factors noted for roadway widths. At time of
platting, the design, construction standards, maintenance responsibility nad
policing arrangement will be presented.
11.3 Street Widths (Sub. Reg. 5.02.03): Public street widths proposed in the PUD will
be determined by projected traffic volume, parking arrangements and other
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
34 | P a g e
*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
factors at the time of platting. The range of requirements is proposed to be as
follows:
Range of Dedicated Range of
Street Type Right-of-Way Width Roadway Width
Arterial 80 to 100 feet 40 to 72 feet
Collector 60 to 80 feet 36 to 44 feet
Neighborhood or local 40 to 60 feet 24 to 36 feet
11.4 Grades, Curves, and Site Distances (Sub. Reg. 5.02.04): Grades, curves, and
sight distance will adhere to County standards except that variances may be
requested at the time of platting for neighborhood, local, or other low volume
traffic streets.
11.5 Relationship to Adjacent Slopes (Sub. Reg. 5.02.05): Cut-and-fill slopes are
proposed to blend with the natural topography and may extend outside public
dedicated street, rights-of-way providing revegetation requirements are met.
11.6 Sidewalks, Curb and Gutter (Sub. Reg. 5.02.06): Sidewalk locations will be in
accordance with the plat at the time of subdividing and will be sited so as to
optimize pedestrian routes through open space to residential, educational and
community facilities.
Curb and gutter will be placed where necessary to direct storm drainage and
where it would add to tease of road edge maintenance. Where a rural character
is desired and storm drainage can be handled by ditch swales, curb and gutter
may be eliminated.
11.7 Roadways (Sub. Reg. 5.02.07): Roadways will conform in construction
specifications, other than width, to County requirements. Design of roadway
surface may vary from parabolic crown to inverted center pitch depending upon
storm drainage requirements of various areas within the PUD.
11.8 Street Names and Signs (Sub Reg. 5.02.08): Street signs will conform to a
uniform system of signs and graphics designed for the total PUD area.
11.9 Minimum Standards for Zero-Lot-Line and Townhouse Projects: In zero-lot-line
and townhouse projects the following minimum standards must be observed for
either public or private streets:
1. A minimum of 20 feet of access drive and fire lane must be provided.
2. A minimum of 3 feet for sidewalks on each side of the access drive must
be provided adjacent to the drive.
Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61,
2008-33*
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*This document is a compilation of approvals granted by the Board of County
Commissioners based upon the above referenced resolutions.
3. A minimum of 20 feet must be provided adjacent to one side of the access
drive for utility easements which may incorporate the sidewalk area.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
PUD Compliance 1
PUD Compliance
Half Moon
Subdivision
Battlement Mesa,
CO
December 10, 2021
Prepared by
Sara Tie
Connect One Design
350 Market Street, Unit 307
Basalt, CO 81621
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
PUD Compliance 2
Battlement Mesa PUD Zone District Regulations
1.0 RDR – Rural Density Residential (section not applicable)
2.0 LDR – Low Density Residential (section not applicable)
3.0 MDR – Medium Density Residential
3.1 Uses by Right: The proposed product for this project is a Zero Lot Line Detached, which is
an allowable use by right
3.2 Uses, conditional: NA
3.3 Uses, Special: NA
3.4 Intensity of Use: A maximum of 12.0 dwelling units is allowed per gross acre. Proposed =
5.25 DU per Acre (48 units on 9.134 acres)
3.5 Minimum Lot Area: The minimum lot size is 2,000 SF for zero-lot-line dwellings. The
smallest proposed lot is 4,121.45 SF.
3.6 Maximum site coverage: 70% coverage of each lot allowable WITHOUT common open
areas as part of the plat at the time of subdivision. OR 80% coverage of each lot allowable
WITH common open areas as part of the plat at the time of subdivision. (Includes
buildings, drives, and parking areas.) The proposed design includes common open areas.
Based on preliminary lot layouts, we estimate the maximum site coverage for each lot will
be within the 65 to 75% range but will not exceed 80%.
3.7 Minimum Setbacks
3.7.1 C. Front Yard Setbacks for Zero-Lot-Line and Townhouse Dwellings
i. No lot fronts an arterial or collector street.
ii. All lots have room for a 20 front yard setback assuming a front-facing
garage.
3.7.2 B. Rear Yard Setbacks for Zero-Lot-Line and Townhouse Dwellings
i. Setbacks are provided 10 feet from each rear lot line
ii. No rear utility easements are provided
iii. No automobile access is taken across the rear yard.
3.7.3 B. Side Yard Setbacks for Zero-Lot-Line and Townhouse Dwellings: a 10’ setback
is provided on one lot line and no setback on the opposite lot line. No accessory
units will be permitted in the required side yard setback.
3.8 Maximum Building Height: maximum building height will be 36’ measured per the PUD
guide.
3.9 Minimum Off-Street Parking:
3. The design of the lots assumes a minimum two parking spaces on each lot. On-street
parking is allowed but will not be in lieu of minimum two spaces on each lot. No
common parking areas are provided.
3.10 Additional Requirements:
3.10.1 A maintenance easement of 3 feet shall be provided on the side yard of the
adjacent lot.
3.10.2 No portion of any building shall extend beyond lot lines into public easements or
public rights of way.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
PUD Compliance 3
3.10.3 No windows or openings shall be allowed in a wall abutting a property line that
faces onto an adjoining lot.
3.11 Additional Definitions – A “Detached Zero-Lot-Line Dwelling” shall be a single-family
dwelling unit which occupies an individual platted zero-lot-line lot and does not share a
common building side wall with an adjacent lot zero-lot-line dwelling
4.0 CAR – Central Area Residential (section not applicable)
5.0 MHR – Mobile Home Residential (section not applicable)
6.0 MC – Neighborhood Center (section not applicable)
7.0 OP – Office Park (section not applicable)
8.0 BC – Business Center (section not applicable)
9.0 PSR – Public, Semipublic, and Recreation (section not applicable)
10.0 SR Supplementary Regulations
10.1 Land Use Types – The parcel being subdivided is completely designated at medium-
density residential in the PUD documents, and all lots created in the subdivision will retain
that PUD zoning.
10.2 Uses Permitted: All proposed lots are permitted uses.
10.3 Intensity of Use: The entire subdivided area complies with the permitted intensity of
10.4 Setbacks:
Through Lots: No residential lots are through lots in the proposed design.
Corner Lots: Front yard setbacks will be observed on both street frontages for corner lots
IF the automobile access is taken across the side street at the time of lot construction.
Projections: (not applicable at this time).
Fences and Screening: Fences adjacent to street frontages are not permitted. No fence in
the rear or side yard shall exceed 8’.
10.5 Maximum Building Height: (Not applicable at this time.)
10.6 Minimum Off-Street Parking: (Not applicable at this time.)
10.7 Modifications: No modifications are requested.
10.8 (Not applicable)
10.9 Additional Restrictions: (Not applicable at this time.)
10.10 Guest Suite: (Not applicable at this time.)
11.0 Modifications of Subdivision Regulations
11.1 Street Pattern – Dead end streets are not included in the design, and no residential
access is taken from an arterial street.
11.2 Private Streets – Streets are considered “private” per the PUD guidelines, with a drive
aisle width of 22’ given the low traffic volume.
11.3 Street Widths – See above
11.4 Grades, Curves, and Site Distances – Roads comply with Garfield County standards.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
PUD Compliance 4
11.5 Relationship to Adjacent Slopes – Cut and fill slopes are designed to blend with the site
surroundings.
11.6 Sidewalks, Curb, and Gutter – The design incorporates curbs and gutters along all
roadways to direct stormwater flow.
11.7 Roadways - Roads comply with Garfield County standards.
11.8 Street Names and Signs (not applicable at this time)
11.9 Minimum Standards for Zero-Lot-Line Projects:
1. A minimum of 20 feet of access drive and fire lane is provided.
2. No sidewalks are provided.
3. Utility easements are provided on either side of the drive.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 1
Article 7 Compliance
Half Moon Subdivision
Battlement Mesa, CO
DECEMBER 10, 2021
Prepared by
Daniel Stewart, P.E. Sara Tie
Roaring Fork Engineering Connect One Design
592 Highway 133 350 Market Street, Unit 307
Carbondale, CO 81623 Basalt, CO 81621
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 2
DIVISION 1. GENERAL APPROVAL STANDARDS.
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER
SYSTEMS.
A. Water Distribution Systems. - Proposed water system is adequate.
1. N/A
2.
a. Property is within BMMD service area.
b. The development consists of more than 15 dwelling units.
B. Wastewater Systems. - Proposed water system is adequate.
1. Subdivision is proposed to connect to BMMD sewer system.
2.
a. Subdivision is proposed to connect to BMMD sewer system.
b. N/A
7-106. PUBLIC UTILITIES.
A. Adequate Public Utilities. - Adequate public utilities are provided in the
proposed design.
B. Approval of Utility Easement by Utility Company. - The rights-of-ways as
well as a 10-foot utility easement boarding all right-of-way are dedicated to
public and private utility providers.
C. Utility
Location.
1. All proposed utilities are underground.
2. All proposed utilities are within right-of-way or dedicated utility
easements.
3. Dimensional
Requirements.
a. N/A
b. N/A
c. N/A
d. N/A
e. Rights-of-ways are being used as multiple utility corridors.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 3
D. Dedication of Easements. - All easements will be dedicated to the
public or HOA.
E. Construction and Installation of Utilities. - Utilities will be installed per
industry standards. There are no existing trees or mature vegetation on the
property.
F. Conflicting Encumbrances. - All easements are free from conflicting
legal encumbrances.
7-107. ACCESS AND ROADWAYS.
All roads are designed to provide adequate and safe access according to these design
standards, AASHTO and FHWA.
A. Access to Public Right-of-Way. - All lots have access to the public
right of way.
B. Safe Access. - Access is in compliance with County, State and
Federal access regulations. A traffic study was conducted in accordance
with these standards to ensure impacts to county roads were under
improvement thresholds and safe for use.
C. Adequate Capacity. - A traffic study was conducted in accordance
with these standards to ensure impacts to county roads were under
improvement thresholds and safe for use.
D. Road Dedications. - Rights-of-ways will be dedicated to the public
and will not be designated as county roads.
E. Impacts Mitigated. - N/A
F. Design Standards.
1. All proposed roads join in a logical manner and at a perpendicular
alignment to Northstar Trail.
2. Proposed intersecting streets exceed 200 feet between the next
intersecting street.
3. There will be no duplicate street names.
4. The roads are designed to minimize unsafe conditions.
5. All proposed roads rejoin Northstar Trail.
a. N/A.
b. N/A
(1) N/A
(a) N/A
(b) N/A
(2) N/A
(a) N/A
(b) N/A
c. N/A
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 4
6. N/A
7. The road system is designed with a storm sewer system.
8. N/A
9. Roads are designed in accordance with the IFC.
10. Street signs are provided at all intersections. No sidewalks are
proposed in the development.
11. Drainage Structures.
a. Drainage structures are designed in conformance with county
standards.
b. No driveways connect to county roads in this subdivision.
12. No roadside ditches are proposed in this subdivision.
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. - N/A
7-109. FIRE PROTECTION.
A. Adequate Fire Protection. - Fire hydrants are provided in accordance with the
IFC.
B. Subdivisions. - Noted.
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS.
7-201. AGRICULTURAL LANDS. - This section does not apply.
7-202. WILDLIFE HABITAT AREAS. - This section does not apply.
7-203. PROTECTION OF WATERBODIES. - This section does not apply.
7-204 DRAINAGE AND EROSION.
A. Erosion and Sedimentation. - Noted.
B.
Drainage
1. All grading in the proposed subdivision provides positive drainage away
from building locations.
2. Drainage patterns in the subdivision follow natural/historic routing.
a. N/A
b. Subdrains will be in accordance with the recommendations
provided in the geotechnical report for this subdivision.
c. There is no concentrated drainage to adjacent lots in this
subdivision.
C. Stormwater Run-Off.
1.
a. Sheet flow will be maintained by each individual lot.
b. On-site treatment is provided via two detention ponds within the
subdivision prior to discharge in a natural drainage.
c. Two detention ponds are provided within the proposed subdivision
and sized to accommodate additional flows from the subdivision
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 5
and discharged at a historic rate.
2.
a. Drainage from residences will sheet flow through landscaping. All
public drainage will be routed to onside detention structures.
b. Impervious areas are drained to dry ponds.
c. Slopes receiving drainage within lots are less than 10%.
3.
a. Onsite detention facilities are designed to this standard.
Calculations are included in the drainage report.
b. The stormwater conveyance structures safely convey the 100
year storm. Calculations are provided in the drainage report.
c. Riprap lined channels are proposed at all culvert outlet
locations to natural drainage paths.
d. Detention ponds in the subdivision drain within a 24 hour
period.
e. Noted.
7-205. ENVIRONMENTAL
QUALITY.
A. Air Quality. - The air quality levels will not change due this subdivision.
B. Water Quality. - All hazardous materials used during construction will be
stored per regulation.
7-206. WILDFIRE HAZARDS. - The proposed subdivision is not within a wildfire
hazard area.
7-207. NATURAL AND GEOLOGIC HAZARDS.
A. Utilities. - Electrical transformers and communication pedestals are installed
behind curb. All other utilities are underground.
B. Development in Avalanche Hazard Areas.
This section does not apply.
C. Development in Landslide Hazard Areas.
This section does not apply.
D. Development in Rockfall Hazard
Areas.
This section does not apply.
E. Development in Alluvial Fan Hazard
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 6
Area.
This section does not apply.
G. Development on Corrosive or Expansive Soils and
Rock.
The site is designed in accordance with the recommendations in the geotechnical
engineering report.
1. All surface drainage is directed away from building envelopes.
2. All drainage is routed to natural drainage paths and does not have
impact on adjacent property.
H. Development in Mudflow
Areas.
This section does not apply.
I. Development Over
Faults.
This section does not apply.
7-208. RECLAMATION.
A. Applicability.
B. Reclamation of Disturbed Areas.
1. The development and all disturbed areas will be reclaimed and fully
vegetated/stabilized in accordance with the erosion control plan and
state stormwater permit.
2. The developer will instate a program of manual weed control to prevent
the growth and re-seeding of any species designated for control.
3. Topsoil will be stockpiled and reused.
4. Site boulder walls are being used to alleviate steep slopes.
5. N/A.
6. Debris will be removed within 6 months.
7. Reclamation shall be in accordance with the erosion control plan.
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS.
7-301. COMPATIBLE
DESIGN.
A. Site Organization.
The proposed streets in the development align with adjacent existing streets at
existing intersections. The organization of the site does not interfere with the solar
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 7
access of any adjacent or internal uses. Ample parking is provided on each lot, along
with supplementary street parking. Open spaces are located on either end of the
development for easy access from any lot.
B. Operational Characteristics.
The proposed residential uses are compatible with the adjacent uses, all residential.
1. NA
2. NA
3. NA
C. Buffering.
The adjacent properties are all in the same Garfield County zone district (PUD) Within
the PUD zoning, the adjacent properties are all compatible residential zones so no
buffering is provided.
D. Materials.
Exterior facades of homes will be controlled by the Battlement Mesa Architectural
Standards
7-302. OFF-STREET PARKING AND LOADING STANDARDS.
A. Off-Street Parking Required. - All lots in the proposed subdivision will have a
2 car garage and driveway providing room for 2 additional parking spots. On street
parking is also provided.
1. N/A
a. N/A.
b. N/A
2. 2 Spaces are provided.
B. Off-Street Loading Required.
This section does not apply.
Section 7-303. LANDSCAPING STANDARDS
A. General Standards
1. A revegetation plan is provided on sheet C600 illustrating coverage area and
recommended native species for revegetation after final grading. The a landscape
plan showing the proposed treatment of spaces to remain open is shown on sheet
L.0.01.
2. Recommended revegetation species include only native forbes, and so will not
block any proposed hydrants or utilities.
B. Multi-family development - NOT APPLICABLE
C. Subdivision, PUD and Rural Land Exemption – This subdivision project is located in the
Battlement Mesa PUD. While older neighborhoods in the PUD feature more lawn, most recent
subdivisions in the PUD make use ornamental grasses, gravel, and other xeric elements more
appropriate to the area. Therefore, the proposed character of the overall revegetation and the
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 8
landscape of the public spaces is in keeping with the character and environmental conditions of
the PUD.
D. Plants Compatible with Local Conditions: The plants proposed for use in revegetation are
native and adapted to the Battlement Mesa climate. The proposed species are taken from
recommendations in the CPW Native Plant Revegetation Guide.
E. Existing Vegetation: No trees, significant existing vegetation or rock outcroppings exist on-site.
F. Minimum Size: The design for the subdivision contains no proposed trees, shrubs, or vines to
be installed by the developer.
G. Minimum Number of Trees and Shrubs: The design of the subdivision contains no trees or
shrubs to be installed by the developer.
H. Parking and Storage Prohibited: The areas designated to remain open space are not
designated for storage, parking, etc.
I. Clear Vision Area: The proposed subdivision does not include plantings greater than 30” in
height to be installed by the developer.
J. Landscaping Withing Off-Street Parking Areas: The design of the subdivision does not include
any off-street parking areas.
7-304. LIGHTING STANDARDS.
A. Downcast Lighting.
Street lights in the subdivision will be specified and installed to meet this requirement.
B. Shielded Lighting.
N/A
C. Hazardous Lighting.
N/A
D. Flashing Lights.
N/A
E. Height Limitations.
N/A
7-305. SNOW STORAGE STANDARDS.
A. Minimum Area.
There is adequate area exceeding 2.5% of traveled ways and parking areas for snow
storage along the sides of the streets and in open spaces.
B. Storage in Parking Spaces Prohibited.
N/A
C. Storage in Yards and Open Space Permitted.
N/A
D. Storage on Public Roadways Prohibited.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 9
Public roads will not be used for snow storage.
E. Drainage.
N/A
7-306. TRAIL AND WALKWAY STANDARDS.
Single-family dwelling units are exempt from this section.
A. Recreational and Community Facility
Access.
The roads in the development allow connection to the sidewalk along Northstar trail,
which leads to the larger path system in the community.
1. Trail Dedication Standards.
a. NA
b. NA
c. NA
d. NA
e. NA
B. Safety.
No special structures or signals are provided due to the low volume of traffic.
C. Maintenance.
NA
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS.
The following standards apply to all divisions of land unless elsewhere in this Code a
division of land is explicitly exempt from 1 or more standards.
7-401. GENERAL SUBDIVISION
STANDARDS.
A. Maintenance of Common Facilities.
HOA CC&R provided in application.
B. Domestic Animal Control.
Animal control is included in the master Battlement HOA CC&R
that also govern this property.
C.
Fireplaces.
No structures are currently proposed as a part of this application. Any structures homes
built after subdivision will comply with this requirement.
D. Development in the
Floodplain.
This development is not within a FEMA flood plain and adequate drainage is
provided to prevent flooding.
7-402. SUBDIVISION LOTS.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 10
A. Lots Conform to Code.
1. N/A
2. Lot characteristics match that of the surrounding area and within the
requirements of the Battlement Mesa PUD.
a. Depth of lots provide adequate space for parking in the
driveways.
b. Corner lots provide adequate with for all roads and setbacks.
2. N/A
B. Side Lot Line Alignment.
Lot lines are at right angles or perpendicular to the ROW.
C. Lots Configuration, Cul-de-Sacs.
N/A
D. Lot Division by Boundaries, Roads, or Easements Prohibited.
N/A
7-403. SURVEY
MONUMENTS.
Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-
51-
104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18
inches or longer in length, shall be set at all lot corners. The registration number of the
responsible land surveyor shall be fixed securely to the top of all monuments, markers, and
benchmarks.
A. Monuments Located Within Streets.
Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer
in length, placed so that their tops are 6 inches below the final street surface.
When a
street is paved or otherwise surfaced, all such monuments within the paved or
surfaced
area shall be fitted with monument boxes of sturdy construction. Monuments set
after paving or surfacing shall also be provided with sturdy monument boxes.
B. Setting by Standard Construction Techniques.
All monuments , markers, and benchmarks shall be set or witnessed according
to standard construction techniques and in a fashion that is satisfactory to the BOCC.
7-404. SCHOOL LAND DEDICATION.
A.
General.
This subdivision is not dedicating land for schools, and will complete a payment in lieu
as required.
B. Amount of School Land
Dedicated.
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 11
1. Property Within RE-1 School District. For all property located in the
RE-1
NA
2. Land Dedication Standard.
a. NA
b. If dedication of all or portions of the required school lands is
not deemed feasible or in the public interest, the school
district may recommend to the BOCC 1 of the following options:
(1) NA
(2) The Applicant provide cash-in-lieu of lands in
accordance with the provisions of section 7-404.C.
3. Final Plat Requirements.
a. NA
b. NA
c. NA.
C. Payment-In-Lieu of Dedication of School Land.
1. Property Not Within RE-1 School District - T he Applicant will pay $200
per dwelling unit to the appropriate school district
2. NA
3. NA
4. Payments Held in Escrow. Payments received by the BOCC shall be
held in an escrow account by the County for the purposes allowed by
C.R.S. § 30-28-133.
5. Release of Land or Payment. After Final Plat approval and receipt of
dedications, the BOCC shall give written notification to the appropriate
receiving body.
a. Following notice by the BOCC, the receiving body may request the
dedication, and the BOCC shall transfer the lands to the
appropriate receiving body.
b. Funds may be released to the appropriate receiving body if the
BOCC finds that the proposed use of funds is compatible with
the intent of the payment or sale of the land.
c. The County shall retain a reasonable management fee for the
holding and maintenance of escrow accounts for payments,
provided that the management fee does not exceed the amount
of interest generated by the account.
7-405. ROAD IMPACT FEES.
Except as otherwise provided in this section, Road Impact Fees shall be implemented
and administered consistent with the Road Impact Fee Update study dated July 1, 2015.
A. General Requirements.
1. NA
2. NA
Half Moon Subdivision, Battlement Mesa, CO December 10, 2021
Narrative Description 12
3. NA
4. NA
B. Road Impact Fee Schedule by Development Type.
Development shall pay the following impact fees per development type at the time of
building permit. The Development Type categories are defined as follows:
1. NA
2. NA
3. NA
4. NA
Half Moon Subdivision Site Data Chart
Subdivision Area Calculations
1 Area of developed buildings, driveways, and parking areas 0 Acres currently developed
2 Total area of non-residential floorspace 0 Acres
3 Total number of proposed lots 50 Lots
4 Total number of rensidential lots 48 Lots
5 Notal number of open space parcels 2 Parcels
6 Total number of proposed off-street parking spaces 96 Spaces (2 per unit)
7 Total number of dwelling units 48 Dwelling Units
8 Total number of units per dwelling 1 Unit per Dwelling
9 Gross density proposed 5.26 Units per Acre