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1.00 General Application Materials_PartA
Oak Meadows Ranch PUD – Filing 4 – Phase III Preliminary Plan Amendment Application Table of Contents Section 1 – General Application Materials: Preliminary Plan Amendment Application Form Agreement to Pay Form Statement of Authority Form Proof of Ownership o Title Commitment o Operating Agreement of Oak Meadows, Filing 4, Phase 3 LLC o Deeds Conveying Title Bargain and Sale Deed Conveying Water Rights Special Warranty Deed Conveying Real Estate Pre-Application Meeting Summary Section 2 – Narrative Description and Details on the Proposed Modification Cover Letter Section 3 – Garfield County Board of County Commissioners Resolutions of Approval: Garfield County Resolution 2008-95 Garfield County Resolution 2009-59 Garfield County Resolution 2010-47 Garfield County Resolution 2011-38 Garfield County Resolution 2013-39 Garfield County Resolution 2015-36 Garfield County Resolution 2016-45 Garfield County Resolution 2017-35 Garfield County Resolution 2019-42 Garfield County Resolution 2020-24 Garfield County Resolution 2020-27 Draft Minutes of 8-21-2021 BOCC Hearing Approving One year Extension Section 4 – Responses to Minor Amendment Review Criteria contained in Section 5-304(C) Section 5 – Vicinity Map Section 6 – Site Plans 2008 Approved Site Plan – Included in Preliminary Plat and Engineering Plan Set 2022 Proposed Site Plan – Included in Preliminary Plat and Engineering Plan Set Section 7 – Preliminary Plans 2008 Approved Preliminary Plan – Included in Preliminary Plat and Engineering Plan Set 2022 Proposed Preliminary Plan – Included in Preliminary Plat and Engineering Plan Set Section 8 – Engineering Plans 2008 Approved Preliminary Engineering Plans – Included in Preliminary Plat and Engineering Plan Set 2022 Proposed Preliminary Engineering Plans – Included in Preliminary Plat and Engineering Plan Set Section 9 – Grading and Drainage Plans 2008 Approved Preliminary Grading and Drainage Plans – Included in Preliminary Plat and Engineering Plan Set 2022 Proposed Preliminary Grading and Drainage Plans – Included in Preliminary Plat and Engineering Plan Set 2022 Stormwater Analysis Report Section 10 – Erosion Control and Reclamation Plans 2022 Erosion Control Plan 2022 Reclamation and Revegetation Plan – included in Preliminary Construction Management Plan Section 11 – Landscaping Plans 2008 Landscaping Plan: o Garfield County Development Codes in 2008 did not require the submittal of a Landscaping Plan, but instead required a Vegetation Map, which is included with this submittal 2008 Vegetation Map 2022 Proposed Landscaping Plan Section 12 – Impact Analysis 2008 Impact Analysis o Garfield County Development Codes in 2008 did not require the submittal of an Impact Analysis and therefore a 2008 version of the Impact Analysis does not exist and is not provided. However the 2008 submittal requirements included the following which are included with this submittal: 2008 Wildlife Map and Report Potential Radiation Analysis 2022 Proposed Impact Analysis Section 13: Draft Subdivision Improvements Agreement Section 14 – Traffic Analysis 2008 Traffic Analysis o Garfield County Development Codes in 2008 did not require the submittal of a Traffic Analysis and therefore a 2008 version of the Traffic Analysis does not exist and is not provided. 2022 Proposed Traffic Analysis Section 15 – Water and Wastewater Plans 2008 Approved Water and Wastewater Engineering Plans – Included in Preliminary Plat and Engineering Plan Set 2022 Proposed Water and Wastewater Engineering Plans – Included in Preliminary Plat and Engineering Plan Set 2022 Will Serve Letter for Water and Sewer Section 16 – Open Space Plan 2022 Proposed Open Space Plan – providing changes impacted by the revised lot configuration Section 17 – Visual Analysis 2022 Proposed Visual Analysis – depicting changes impacted by the revised building envelope configuration Section 18 – Covenants 2022 Proposed Covenants Section 19 – Plat Notes 2022 Proposed Plat Notes – included in Preliminary Plat and Engineering Plan Set Section 20 – Affordable Housing Plan 2022 Proposed Affordable Housing Plan Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ 2 3 9 5 1 5 3 1 0 0 0 1 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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 ISSUED BY COMMONWEALTH 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, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a Florida 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 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration. Countersigned: Patrick P. Burwell Commonwealth Title Company 1322 Grand Avenue Glenwood Springs, CO 81601 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. Transaction Identification Data for reference only: Issuing Agent: Commonwealth Title Company Issuing Office: 1322 Grand Avenue, Glenwood Springs, CO 81601 ALTA® Universal ID: 1038730 Loan ID Number: Issuing Office File Number: 2020-03-67 Commitment Number: 2020-03-67 Revision Number: 1 Property Address: TBD N Oak Way, Glenwood Springs, CO 81601 SCHEDULE A 1. Commitment Date: 05/23/2022 at 8:00 AM 2. Policy to be issued: (a) ALTA Owner's Policy $ PROPOSED INSURED:Oak Meadows, Filing 4, Phase 3 LLC 3. The estate or interest in the Land described or referred to in this Commitment is: fee simple. 4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in: Oak Meadows, Filing 4, Phase 3 LLC 5. The Land is described as follows: Property description set forth in “Exhibit A” attached hereto and made a part hereof. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Patrick P. Burwell, License #: 153719 Authorized Signatory This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. SCHEDULE B, PART I Requirements 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 title search and commitment to the Company as set forth below: Informational Title Commitment: $167.00 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. 5. The Company must be furnished a copy of (1) the articles of incorporation, (2) written bylaws and all amendments thereto, (3) a certificate of good standing (or current registration) of said company. We must be furnished with evidence satisfactory to the company that all necessary consents, authorizations, resolutions, notices and actions relating to the sale and the execution and delivery of the deed as required under applicable law and the governing documents have been conducted, given or properly waived. 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the- ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 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. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: This Exception will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on November 8, 1939 as Instrument #137459 in the official records 10. Reservation of mineral rights more fully described in Deed recorded on November 4, 1959 in Book 321, Page 334 in the official records and any and all interests therein or assignments thereof. 11. Reservation of mineral rights more fully described in Deed recorded on July 24, 1961 in Book 335, Page 282 in the official records and any and all interests therein or assignments thereof. 12. Reservation of mineral rights more fully described in Deed recorded on January 14, 1966 in Book 372, Page 389 in the official records and any and all interests therein or assignments thereof. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 13. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on January 26, 1977 in Book 492, Page 894 in the official records as amended in instruments recorded on March 21, 1979 in Book 524, Page 932 in the official records on November 23, 2009 as Instrument #778121 in the official records in Book 1348, Page 263 in the official records 14. Terms and conditions of the Articles of Incorporation for the Oak Meadows Homeowner's Association recorded in Book 501, Page 810 in the official records 15. Terms and conditions set forth in Agreement recorded on August 11, 1995 in Book 950, Page 56 in the official records 16. Terms and conditions set forth in Agreement recorded on August 11, 1995 in Book 950, Page 90 in the official records 17. Terms and conditions of the articles of organization of incorporation of Oak Meadows Service Company recorded on August 18, 1995 in Book 950, Page 530 in the official records 18. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on July 17, 2000 in Book 1197, Page 602 in the official records as amended in instrument recorded on November 22, 1996 in Book 1000, Page 650 in the official records 19. Terms and conditions set forth in Agreement recorded on February 15, 2002 in Book 1329, Page 929 in the official records 20. Easement and right of way as described in document recorded on March 13, 2001 in Book 1237, Page 250 in the official records 21. Easement and right of way as described in document recorded on January 26, 1977 as Instrument #276561 in the official records 22. Terms and conditions of Specific Declaration recorded on May 2, 1978 as Instrument #285202 in the official records 23. Garfield County Resolution recorded on November 21, 1995 in Book 959, Page 166 in the official records Resolution recorded on August 13, 2008 as Instrument #754011 in the official records and in instrument recorded on August 11, 2009 as Instrument #773110 in the official records and in instrument recorded on June 22, 2010 as Instrument #787581 in the official records and in instrument recorded as Instrument #837610 in the official records and in instrument recorded on July 21, 2015 as Instrument #865682 in the official records and in instrument recorded on July 6, 2016 as Instrument #879290 and in instrument recorded on August 7, 2017 as Instrument #895833 in the official records and in instrument recorded on August 6, 2019 as Instrument #923774 in the official records and in instrument recorded on July 8, 2011 as Instrument #804937 in the official records 24. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Four Mile Creek lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 25. Easements, rights of way and all other matter recorded on May 7, 2002 as Instrument #602927 in the official records and recorded on July 7, 2005 as Instrument #677734 in the official records 26. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights Agreement and Subdivision Improvements Agreement recorded on July 7, 2005 in Book 1704, Page 723 in the official records 27. Terms, conditions and all matters set forth in Resolution recorded as Instrument #970624 in the official records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. EXHIBIT A Property Description Issuing Office File No.: 2020-03-67 A parcel of land located in Section 15, Township 7 South, Range 89 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Reception No. 276561 in Garfield County Clerk and Recorders Office; whence the Southwest corner of Section 15 bears South 02°59'12" West a distance of 2295.61 feet; whence the South quarter corner of said Section bears South 89°44'38" East a distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak Meadows Ranch Filing No. 4 the following 2 courses: 1) North 00°41'27" East a distance of 1325.86 feet; 2) South 89°18'33" East a distance of 1118.99 feet; to a point on the boundary of the Roaring Fork School District RE-1 Parcel as described in the Special Warranty Deed recorded in Book 1575 at Page 274; thence along said school parcel boundary the following three courses: 1) South 00°01'02" West a distance of 438.63 feet; 2) South 89°17'31" East a distance of 453.93 feet; 3) Along the arc of a non tangent curve to the right 178.00 feet, having a radius of 376.96 feet, a central angle of 27°03'19", and the chord bears North 41°07'01" East a distance of 176.35 feet; To a point on the Westerly right of way of Oak Way North as described on the plat of Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along said right of way the following three courses: 1) Along the arc of a non tangent curve to the left 446.02 feet, having a radius of 276.96 feet, a central angle of 92°16'13", and the chord bears South 08°21'19" West a distance of 399.36 feet; 2) Along the arc of a tangent curve to the right 137.23 feet, having a radius of 445.13 feet, a central angle of 17°39'49", and the chord bears South 28°56'53" East a distance of 136.69 feet; 3) South 20°07'02" East a distance of 484.06 feet; to a point on the Northerly boundary of Oak Meadows Ranch Filing No. 4B, Phase II recorded under Reception No. 677734; thence along said Northerly boundary the following seventeen courses: 1) Along the arc of a non tangent curve to the right 20.41 feet, having a radius of 50.00 feet, a central angle of 23°23'04", and the chord bears North 60°24'39" West a distance of 20.27 feet; 2) Along the arc of a tangent curve to the left 81.65 feet, having a radius of 100.00 feet, a central angle of 46°46'46", and the chord bears North 72°06'30" West a distance of 79.40 feet, to a point; 3) Along the arc of a tangent curve to the right 27.55 feet, having a radius of 20.00 feet, a central angle of 78°55'19", and the chord bears North 56°02'13" West a distance of 25.42 feet 4) North 16°34'34" West a distance of 5.50 feet; 5) South 73°25'26" West a distance of 50.00 feet; 6) South 16°34'34" East a distance of 33.16 feet; 7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet, a central angle of 34°44'46", and the chord bears North 86°57'37" West a distance of 80.62 feet; 8) North 69°35'14" West a distance of 41.85 feet; 9) Along the arc of a tangent curve to the right 66.14 feet having a radius of 285.00 feet, a central angle of 13°17'47", and the chord bears North 62°56'21" West a distance of 65.99 feet; 10) North 56°17'27" West a distance of 3.93 feet; 11) Along the arc of a tangent curve to the left 69.43 feet, having a radius of 165.00 feet, a central angle of 24°06'39", and the chord bears North 68°20'46" West a distance of 68.92 feet; 12) North 80°24'06" West a distance of 17.51 feet; This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 13) Along the arc of a tangent curve to the left 81.37 feet, having a radius of 315.00 feet, a central angle of 14°48'02", and the chord bears North 87°48'07" West a distance of 81.14 feet; 14) South 84°47'52" West a distance of 107.77 feet; 15) Along the arc of a tanget curve to the left 61.29 feet, having a radius of 465.00 feet, a central angle of 07°33'08", and the chord bears South 81°01'18" West a distance of 61.25 feet; 16) South 77°14'45" West a distance of 62.22 feet; 17) South 00°41'27" West a distance of 102.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along the boundary of said Oak Meadows Ranch Filing No. 4 North 89°18'33" West a distance of 1151.12 feet to the True Point of Beginning. 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: DATE: 7/31/20 PROJECT: Oak Meadows Filing 4, Phase III Preliminary Plan Minor Modification APPLICANT/OWNER: Gary Johnson ENGINEER/SURVEYOR: Michael Gamba, Gamba & Associates PRACTICAL LOCATION: Approximately 4 miles south of Glenwood Springs, off of County Road 117 and North Oak Way, within the Oak Meadows PUD. TYPE OF APPLICATION: Amended Preliminary Plan I. GENERAL PROJECT DESCRIPTION - BACKGROUND The Applicant is proposing modifications to the Preliminary Plan approvals for Oak Meadows Filing 4, Phase III, to adjust the lot configurations. The revisions will include adjustments to engineering details consistent with the revised lots. The revisions are summarized below and will include changes to the proposed roadway configuration to eliminate two cul-de-sacs. 2 Details of the request are further outlined in correspondence dated June 11, 2020 from Michael Gamba, Engineer. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The Applicant shall be required to address applicable provisions of the Garfield County Land Use and Development Code, as amended (LUDC) outlined as below: Section 5-304 Amended Preliminary Plan Review Section 5-304(C) Minor Modification Review Criteria Table 5-103 Common Review Procedures and Public Notice Table 5-401 Application Submittal Requirements Section 4-101 Common Review Procedures (noticing information) Section 4-202 Submittal Waivers including Review Criteria Any Applicable Section of Article 7, Standards. III. DIRECTOR’S DETERMINATION FOR MINOR MODIFICATION After conducting the Pre-Application conference the Director referred the determination on whether the request was a Minor Modification to the Board of County Commissioners. In accordance with the Review Criteria contained in Section 5-304 (C) the Board of County Commissioners, on July 13, 2020 determined that the request is a Minor Modification and can be processed accordingly. IV. REVIEW PROCESS A. Pre-application Conference (completed). B. Determination of a Minor Modification (completed) C. Application submittal including general application materials and Submittal Waiver Requests. D. Completeness Review & Determination. E. Referrals F. Provision of Additional Copies of the Application as needed G. Setting the date for the Director’s Decision or referral to the Board of County Commissioners. H. Completion of Public Notice requirements. I. Director’s Decision. J. Documentation of the Director’s Decision. V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E.b (2) and (3), certified mailing to property owners within 200 ft. and certified return receipt requested mailing to mineral rights owners on the property. 3 ___ None _X_ Director’s Decision (mailed notice 15 days prior to the decision) ___ Planning Commission ___ Board of County Commissioners (referral would be heard at a public meeting, no public notice required unless determined to be a substantial modification) ___ Board of Adjustment REFERRALS May include but are not limited to County Consulting Engineer, Colorado Parks and Wildlife, County Road and Bridge, Glenwood Springs Fire Protection District, County Vegetation Manager, BLM, Oak Meadows HOA, Oak Meadows Service Co (OMSCO). VI. SUBMITTAL REQUIREMENTS This following is a preliminary listing of submittal requirements based on the initial discussions with the Applicant and the minor modification determination. o General Application Materials including application forms, agreement to pay form, authorizations to represent, proof of ownership, payment of application fees, copy of the pre-application meeting summary o Updated Title Commitment o Narrative description and details on the proposed modification o Responses to Minor Amendment Review Criteria contained in Section 5-304(C) o Vicinity Map o Original and Updated site plans o Original Preliminary Plan and Revised Preliminary Plan o Original and Revised Engineering Plans o Copies of the existing approval resolution and any updates on the status of the conditions o Copies of the existing grading and drainage plan including any revisions o Copies of the existing landscaping plan and any revisions o Copy of the existing Impact Analysis including any revisions o Copies of draft Development Agreements and Subdivision Improvements Agreements o Copy of existing traffic study – submittal waiver may be requested if unchanged o Copies of Water and Wastewater Plans including updated will serve letters/commitments o Updated copy of the Open Space Plan map showing any changes impacted by the revised lot configuration o Copy of Visual Analysis with any updates based on the revised building envelopes o Copy of proposed covenants o Copy of proposed plat notes o Copy of affordable housing plan - proposal (address applicability) o Confirmation that the revised lots remain consistent with the PUD and with Article 7 Standards as applicable 4 o Any submittal waiver requests including response to review criteria. SUBMITTAL WAIVERS Where submittal waivers are anticipated a supplemental meeting with Staff is recommended. Submittal waivers need to address the review criteria in Section 4-202. VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 325 (Amendment Request) $ tbd (Additional Staff time charged at hourly rate of $40.50) Referral Agency Fees: $ (N/A) Total Deposit: $ 325 (Amendment Request) VIII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: Glenn Hartmann, Principal Planner Date Approved by: Sheryl, Bower, AICP Director Date 5 5-304 AMENDED PRELIMINARY PLAN REVIEW. A. Overview. Applications subject to an Amended Preliminary Plan Review shall be determined to be either a Minor or Substantial Modification and be reviewed and decided by either the Director or the BOCC. B. Review Process. Applications for an Amended Preliminary Plan Review shall be processed according to Table 5-103, Common Review Procedures and Required Notice, with the following modifications: 1. Pre-Application Conference. 2. After holding a pre-application conference and within 10 business days of receiving all necessary information, the Director shall decide if the amendment is Minor, Substantial or should if the determination should be made by the BOCC. a. Minor Modification. The Director shall apply the criteria in section 5- 304.C. to determine if the proposed amendment is minor in nature. (1) Completeness Review. Upon finding the amendment is a Minor Modification, the application shall be reviewed for completeness. Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: (1) The additional number of copies to be delivered to the County for review by staff and referral agencies; (2) The date that the Director will render a decision or, if the Director decides to refer the application to the BOCC, the date that the BOCC will hear the Application; and (3) The notice form that the Applicant is required to mail to the Adjacent Property Owners and mineral estate owners and lessees. (2) Notice. The Applicant shall mail notice pursuant to section 4- 101.E.b.(2) and (3), at least 15 days prior to the date of the Director’s decision and shall provide proof of adequate notice prior to any decision. The notice shall include a Vicinity Map, the property’s legal description, a short narrative describing the proposed amendment, the contact information for the Community Development Department and the date that the Director will make a decision. (3) Decision. (1) Director Decision. If the Director decides the application, the Director will inform the Applicant and the BOCC of the approval, conditions of approval, or basis for denial, in writing within 10 days of the date of decision. The action of the Director shall be memorialized in a recorded resolution signed by the BOCC. (2) BOCC Decision. If the application is referred to the BOCC for a decision, the BOCC will memorialize their decision of approval, 6 conditions of approval or basis for denial in the form of a Resolution. (4) Call-Up to the BOCC. The Director’s decision is subject to section 4-112, Call-Up to the BOCC. b. Substantial Modification. (1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for Preliminary Plan. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. Though a new application is required, the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant’s original Preliminary Plan approval is still valid. (2) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may request the decision be called-up to the BOCC pursuant to section 4-112.B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. C. Review Criteria. Minor Modifications to Preliminary Plans are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Preliminary Plan, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive Plan; 3. Do not change the character of the development; 4. Do not alter the basic relationship of the development to adjacent property; 5. Do not change the uses permitted; 6. Do not require amendment or abandonment of any easements or rights-of-way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201 7 Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Cover Letter for Preliminary Plan Minor Amendment Application January 14, 2022 Page 1 of 2 January 14, 2022 Glenn Hartmann, Principal Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 – Application for Preliminary Plan Minor Modification Dear Glenn: On behalf of Oak Meadows, Filing 4, Phase 3 LLC, Gamba & Associates, Inc. (Gamba) hereby submits this application for a Preliminary Plan Minor Modification for the proposed development of Oak Meadows Ranch, Filing 4, Phase 3. This application is based on the Pre-Application Conference Summary prepared by you which is dated July 31, 2020. As we discussed in the pre-application conference the proposed layout of the current development plan is very similar to the layout of the preliminary plan approved in 2008 for this property. The general similarities and differences between the 2021 proposed preliminary plan and the 2008 approved preliminary plan are as follows: Both the 2008 approved preliminary plan and the 2021 proposed preliminary plan include the development of 25 single family residential lots. The median lot size for the 2021 proposed preliminary plan has been reduced to 10,632 sq. ft., as compared to the median lot size of the 2008 approved preliminary plan of 16,273 sq. ft. The two cul-de-sac roads included in the 2008 approved preliminary plan have been eliminated in the 2021 proposed preliminary plan. The 2021 proposed preliminary plan will address the County’s affordable housing requirements, whereas the 2008 preliminary plan was approved without any affordable housing components or requirements. The proposed approach to address the affordable housing component in the 2020 plan is provided in the Affordable Housing Plan included with this application. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Cover Letter for Preliminary Plan Minor Amendment Application January 14, 2022 Page 2 of 2 The designs for general development infrastructure such as domestic water, sanitary sewer, storm drainage, and shallow utilities (gas, electric, tele-communications), are very similar to the 2008 approved plans, but have been revised as necessary and appropriate to conform to the 2021 proposed preliminary plan. The preliminary design for these elements of the development infrastructure are provided with the preliminary plat and engineering plans included with this application. The 2021 proposed preliminary plan increases the total open space area by approximately 2.59 acres compared to the 2008 approved preliminary plan, resulting in a calculated open space ratio of 78.83% of the total development parcel. The similarities and difference between the 2008 approved preliminary plan and the 2021 proposed preliminary plan demonstrate that the proposed plan is quite similar to the approved 2008 plan and arguably results in a reduced overall impact as compared to the approved 2008 plan. The proposed preliminary plan is in compliance with the Oak Meadows Ranch PUD and with the Article 7 standards of the Garfield County Land Use Development Code. This application does not include or request any submittal waivers. We formally request approval of this application for a Preliminary Plan Minor Modification. If you have any questions or need additional information, please contact us. Sincerely, Gamba & Associates, Inc. __________________________________ Michael Gamba, P.E. & P.L.S. 28036 H:\03385\2020\Permitting\Amended Preliminary Plan\REPORTS\COVER LETTER - 20220114.doc Reception#:75401109/13/200812:36:13PM JeanAlberico1of7RecFee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regularmeeting of the Board of County Commissioners for GarfieldCounty,Colorado, held in the Commissioners'Meeting Room,GarfieldCounty Courthouse,in Glenwood Springs on, Monday,the 21st day of July,A.D.2008,therewere present: John Martin ,Commissioner Chairman Larry McCown ,Commissioner TrbsiHoupt (recused),Commissioner Carolyn Dahleren ,County Attorney Jean Alberico ,Clerk of the Board Ed Green ,County Manager When the followingproceedings,among otherswere had and done,to-wit: RESOLUTION NO.2008-95 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR A 25 LOT PHASE OF A SUBDIVISION KNOWN AS "OAK MEADOWS RANCH PUD,FILING 4,PHASE III"AND PROPERTY OWNED BY OAK MEADOWS III,LLC, GARFIELD COUNTY PARCEL NO#2395-153-10-001 WHEREAS,the Board of County Commissioners of GarfieldCounty,Colorado,receiveda PreliminaryPlan applicationfrom Oak Meadows III,LLC to sub dividea 44.67-acrepropertyinto25 residentiallots,32.611-acres of common area and 2.616-acres of quasi-publicarea,and which propertyislocatedin a portionof Section 15,Township 7 South,Range 89 West of the Sixth P.M., GarfieldCounty;and WHEREAS,the subjectproperty is locatedin the PUD Zone District;and WHEREAS,on March 29,2008 a publichearingwas continued to May 14th,2008 atwhich time the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditionsto the Board of County Commissioners for the PreliminaryPlan;and WHEREAS,on July 7,2008,the Board of County Commissioners opened a publichearing upon the question of whether the PreliminaryPlan should be granted,granted with conditions,or denied at which time the Board continued the hearingto July 21,2008 atwhich time the publicand interestedpersons were given the opportunityto expresstheiropinionsregardingthe issuanceof said 1 Bll M.N/"MMUNI',NI,14"M'M IR141'*'.h 5 III Reception#:754011 09/13/200812:36:13PM JeanAlberico 2 of 7 Rec Fee:50.00Doe Fee:0.00GARFIELDCOUNTYCO PreliminaryPlan;and WHEREAS,the Board of County Commissioners closedthepublichearingon July21,2008 to make a finaldecision;and WHEREAS,the Board of County Commissioners on the basis of substantialcompetent evidence produced at the aforementioned hearing,has made the following determinationof facts: 1.That proper notice was provided as required by law for the hearings before the Planning and Zoning Commission and before the Board of County Commissioners. 2.That the publichearingsbeforethe Planning and Zoning Commission and the Board of County Commissioners were extensiveand complete;allpertinentfacts,matters and issues were submitted;and that all interestedpartieswere heard at those hearings. 3.The applicationis in compliance with the standardssetforthin Section 4:00 of the GarfieldCounty Subdivision Regulations of 1984,as amended. 4.That the proposed subdivisionof land isin compliance with the recommendations set forthin the Comprehensive Plan forthe unincorporatedareasof the County and the Comprehensive Plan forthe Town of Silt. 5.The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978,as amended. 6.The proposed use is in the best interestof the health,safety,morals,convenience, order,prosperityand welfare of the citizensof GarfieldCounty. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Garfield County,Colorado,that based on determination of factssetforthabove,the PreliminaryPlan requestisapproved with the following conditions: 1.That allrepresentationsmade by the Applicant in the applicationand as testimony in the public hearingsbefore the Planning &Zoning Commission and Board of County Commissioners shall be conditionsof approval,unless specificallyalteredby the Board of County Commissioners. 2.The Preliminary Plan for Oak Meadows,Filing4,Phase IIIshallbe valid for a period not to exceed one year from approval. 3.The applicantshallsubmit a PUD document delineatingzoning restrictions,consistentwith the developed phases of Oak Meadows,with the applicationforfinalplatof the FilingIV,Phase III 2 Illit'I'ilE'MM(.MINI,HW1M'lW 2-'*',%ll Ill Reception#:754011 08/13/200912:36:13PM JeanAlberico 3 of 7 Rec Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO area.In lieuof a PUD document,the applicantmay provide thisinformation in the finalplat notes. 4.The Applicant shalldelineateand legallydescribealleasements on the finalplat,includingbut not limitedto any easements of record and utility,drainage,water system,storm-water and open space easements,if any,required as a part of this development.These easements shallbe conveyed to the HOA ifthey are not to be conveyed or dedicated to private,public or quasi governmental entities.Conveyance deeds shallbe in a form acceptableto the County Attorney's Office,and such deeds shallbe recorded at the time of recording of the finalplat.Internalroad rightsof way shallbe dedicatedby the owner and accepted by the BOCC for publicuse on the faceof the plat.The BOCC's acceptance iswithout constructionor maintenance responsibility. The HOA shallremain responsiblefor maintenance of public roads 5.Platnotes regardinggeologic constraintsshallbe placed on the platin conformance with those recommended by Colorado Geologic Survey as follow: a.Lot-specificsubsurface foundation investigationsand geotechnicaltestingshould be conducted and submitted with allbuildingpermit applications.This investigationshall includeproper foundation and utilitydrainage around the structure. b.Lot-specificgeotechnicalinvestigations,including slope stabilityanalysisshould be conducted for the development of individuallots. c.Establishand erosion controlplan using Best Management Practicespriorto any site development. d.The detentionpond shallbe lined. 6.Per the comments from GarfieldCounty Vegetation: a.The applicantshallsubmit a noxious weed inventory,map and weed management plan for all Garfield County listednoxious weeds.This information shall include a commitment to timely treatmentand shallbe submitted with the Final Platapplication b.The applicantshallsubmit a revegetationplan that quantifiesthe area in acres,to be disturbed,and subsequentlyreseeded on road cut and utilitydisturbances,and includesa plant materialslist.This information shallbe reviewed and found acceptableby the Vegetation Department.This plan and the associatedcosts shallbe included in the Subdivision Improvements Agreement, c.A soilmanagement plan shallbe submitted at Final Plat thatincludesa provision for salvagingon-sitetopsoil,a timetablefortopsoiland aggregateremoval,and provisionfor soiland disturbancecover ifexposed for greaterthan 90 days. 7.The covenants for this phase of the development shall include wildlife mitigation as recommended by the Colorado Division of Wildlifeas follows: a.Pets shallnot be allowed to roam unattended on the property. b.Owners shallbe subjectto legalactioniftheirpets chase wildlife. c.Construction workers shallnot be permittedto have dogs on-site. d.Pets shallbe fed indoors and no pet food or pet containersshallbe leftoutdoors. 3 H IllI'I'."a.IW"iU.'s5,R M,M'MI W'*.M.I*W.N 11 III Reception#:754011 08/13/200812:36:13PM JeanAlberico4of7RecFee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO e.No interiorfencing of lots shall be permitted except for agriculturalpurposes. Agriculturalfencingshallcomply with CDOW standards.In order to remain consistent with the CDOW intenton minimizing or eliminatingfencing,interiorlotfencing shall only be allowed for domestic pet controland shallbe locatedentirelywithin setbacks, and be constructedusing materialsand design according to CDOW standards. f.Bird feedersshallbe permitted but must be hung a minimum of ten feet(10')from the ground and shallhave a seed catchment. g.Each lotowner shallbe requiredto have,and use,a bear-resistantor bear-prooftrashcan for storinggarbage outside. h.BBQ's shallbe securelyhoused insideof a garage when not in use.The BBQ shallbe cleaned of leftoverfood and grease to avoid attractingbear to the area. i.During constructionof a residence all food-relatedtrash must be placed in a bear- resistantor bear-prooftrashcan. j.No plantmaterialbearing berries,fruitor nuts may be permitted. k.Owners are responsibleforremoval of dead wildifefrom theirproperty. 8.At finalplatthe applicantshallsubmit informationcompliant with the recommendations of the Glenwood Springs Fire ProtectionDistrict.This informationincludes: a.Provisionsin the covenants regardingon-streetparking being limitedto one sideof the road or prohibited.Ifon-streetparking is allowed,provisionmust be made regarding enforcement. b.Locations and additionof firehydrants on SilverKing Court;the hydrant on Spring Meadows Drive be relocatedto the middle of Spring King Drive and the intersection(s) of SilverKing Court and Oak Way North c.A platnote shallbe included stating"All structuresgreaterthan 5,000 square feetshall contain a wet firesprinklersystem designed and installedto the most currentNational FireProtectionAssociation 13R standard.A permit shallbe obtainedfrom the Glenwood Springs Sire Department for the system and submitted with the building permit applicationto GarfieldCounty." 9.The finalplatapplicationshallinclude informationcompliant with GarfieldCounty Road and Bridge recommendations which include: a.Access from CR 168A shall be permitted by Garfield County Road and Bridge Department. b.Stop signsshallbe installedat the entranceto CR 168A. c.All vehiclesmust comply with the oversize/overweightsystem on County Roads. 10.The propertyislocatedin TrafficStudy Area Se and a TrafficImpact Fee shallbe calculatedand paid to the County at Final Plat.The Applicant shallpay V2 of the totalimpact fee at finalplat and included as a component of the Subdivision Improvement Agreement (SIA),and the remaining half shallbe divided among the lotsto be paid at the time building permits are submitted to the County for individuallotdevelopment. 4 HIllli.IW"ME,M,M,MIYWW,'lM MN llllI Reception#:754011 08/13/200812:36:13PM JeanAlberico 5 of 7 Rec Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO 11.The applicantshallincludethe following platnotes on the Final Plat: a.Colorado isa "Right-to-Farm"Statepursuant to C.R.S.35-3-101,etseq.Landowners, residentsand visitorsmust be prepared to accept the activities,sights,sound and smells of GarfieldCounty's agriculturaloperationsas a normal and necessary aspect ofliving in a County with a strong rural character and a healthy ranching sector.All must be prepared to encounter noises,odor,lights,mud,dust,smoke chemicals,machinery on public roads,livestockon public road,storage and disposal of manure,and the applicationby sprayingor otherwiseofchemicalfertilizers,soilamendments,herbicides, and pesticides,any one or more ofwhich may naturallyoccur as a part ofa legaland non-negligentagriculturaloperations. b.No open hearth solid#el fireplaceswillbe allowed anywhere within the subdivision. One (1)new solid-fuelburning stove as defied by C.R.S.25-7-401,et.sew.,and the regulationspromulgated thereunder,willbe allowed in any dwelling unit.All dwelling units will be allowed an unrestrictednumber of natural gas burning stoves and appliances. c.All owners of land,whether ranch or residence,have obligationsunder State law and County regulationswith regard to the maintenance of fences and irrigationditches, controlling week,keeping livestockand pets under control,using property in accordance with zoning,and other aspectsofusing and maintainingproperty.Residents and landowners are encouraged to learnabout theserightsand responsibilitiesand act as good neighbors and citizensof the County.A good introductorysource for such information is "A Guide to Rural Living &Small Scale Agriculture"put out by the Colorado State UniversityExtension Officein Garfield County. d.All exteriorlightingwillbe the minimum amount necessary and allexteriorlightingwill be directedinward and downward toward the interiorof the subdivision,except that provisions may be made to allow for safety lightingthat goes beyond the property boundaries. e.One (1)dog willbe allowedfor each residentialunitand the dog shallbe required to be confined within the owner's property boundaries. f The mineral rightsassociatedwith thisproperty have been partiallyor wholly severed and are not jidly intactor transferredwith the surface estatethereforeallowing the potentialfor naturalresource extractionon theproperty by the mineral estateowner(s) or lessee(s). g.The applicantshallincludea plat note referencingtheinclusionofOak Meadows,Filing 4,Phase IIIin the Homeowner 'sAssociationfor Oak Meadows Filing4.This note will 5 HIIIE.It"'MMi,tth!,M'M'l%'M.M.0 IIIll Reception#:754011 08/13/200912:36:13PM JeanAlberico6of7RecFee:50.00Doc Fee:0.00GARFIELDCOUNTYCO includereferenceto recorded documents associatedwith theHomeowner 'sAssociation including,but not limitedto,conditionsand/or covenants and restrictions. h.Ifnecessary,the applicantshallform a sub-associationfor the Oak Meadows,Filing4, Phase IIIfilingwhich provides,at minimum,for the maintenance of the roads within Phase III.A plat note shallbe includedon thefinalplat referencingthissub-association with the receptionnumber for documents providing road maintenance and any other restrictions,conditionsor covenants unique to thisfiling. i.The applicantshallprovide a plat note which statesthattheproperty isservedfor fire- flow,domestic water,irrigation,and sanitationfrom Oak Meadows Service Company (OMSCO),a non-profitcorporation. j.That the lotcoverage for thisphase shall be consistentwith the lotcoverage applied previouslytoFiling4B,Phase II.Otherwise the dimensional standardsand usesfor this filingshall be that of the ARRD Zone Districtof the Zoning Resolution of 1978,as amended with the slightmodificationsshown below for setbacks and lotsizes: i.Adarimum Lot Coverage:As appliedpreviously to Filing 4B,Phase II ii.Setbacks 1.Front:10 feet 2.Side:10 feet 3.Rear:10 feet iii.Height:25 feet iv.Minimum Lot Area:As depicted on the Final Plat v.Additional Requirements:Section 5.00 of the Zoning Resolution of 1978,as amended. Dated this day of ,A.D.20A. A*TTEST GARFIEL OUNTY BOARD OF G,4 COMMI SION RS,GARFIELD COUNTY, O ...COLO DO N:.o Ch a .O '- .7tnotionduly made and seconded the fo going Re ution was ad ted by the 10)vote: 6 HIllW"JE'iU.'M(.NI,NIMll"WM M S'I',54A llI Reception#:754011 08/13/200812:36:13PM JeanAlberico7of7ReaFee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO COMMISSIONER CHAIR JOHN F.MARTIN ,Aye COMMISSIONER LARRY L.MCCOWN ,Aye COMMISSIONER TRiSI HOUPT ,Recused STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners,in and forthe County and Stateaforesaid,do hereby certifythatthe annexed and foregoingResolution istrulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe sealof saidCounty, at Glenwood Springs,this day of ,A.D.20 County Clerk and ex-officioClerk of the Board of County Commissioners 7 Reception#:773110 a 08/11/200910:06:18AM JeanAlberico 1 of 3 Rec Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regularmeeting of the Board of County Commissioners for GarfieldCounty, Colorado,held in the Commissioners'Meeting Room,GarfieldCounty Plaza Building,in Glenwood Springs on Monday,the 3rd day of August,2009,there were present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner TrbsiHoupt (recused).Commissioner Deborah Quinn ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board Ed Green (absent),County Manager when the following proceedings,among otherswere had and done,to-wit: RESOLUTION NO.2009-59 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III"PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOW RANCH PUD ON A PARCEL OWNED BY OAK MEADOWS III,LLC,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legal and politicalsubdivisionof the State of Colorado for which the Board of County Commissioners (Board)is authorizedto act. B.On 3rdday of August,2009,the Board of County Commissioners opened a public meeting upon the question of whether the extension to filea Final Plat should be granted, granted with conditions,or denied at which meeting the public and interestedpersons were given the opportunityto express theiropinions regardingthe issuance of said extension. C.The Board of County Commissioners closed the public meeting on the 3rd day of August,2009,and acted on the basis of substantialcompetent evidence produced at the aforementioned hearing. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing4,Phase III" HIllEJUMMIMI'Hiddl5!MIMM'ld#H H III Reception#:773110 09/11/200910.06:18AM JeanAlberico 2 of 3 Rec Fee:$0.00Doc Fee.0.00GARFIELDCOUNTYCO subdivisionwas approved by the Board on the 21stday of July,2008 under Resolution No.2008-95 for realproperty described in the document recorded at Reception Number 735652 in the records of the Clerk and Recorder,GarfieldCounty,Colorado. E.In accordance with the Garfield County Land Use Resolution of 2008 and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivision,the Applicant must filea Final Plat applicationand the applicationmust be deemed TechnicallyComplete priorto July 21,2009. F.In accordance with the Garfield County Land Use Resolution of2008 and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivision,the Applicant filed a request to extend the deadline for the Final Plat applicationto be deemed by one year to July 21st,2010 on July 16 ,2009. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoing Recitalsare incorporatedby thisreferenceas partof thisResolution. B.The request for an extension to filea Final Plat was made consistentwith the requirements of the Garfield County Unified Land Use Resolution of 2008,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;all pertinentfacts,matters and issues were submitted;and all interestedpartieswere heard atthathearing. D.The requested extension isin compliance with applicableLand Use Resolution. E.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. F.A motion was made to approve the extension to filea Final Plat applicationwith the following conditions: 1.That allrepresentationsof the Applicant,eitherwithin the applicationor statedat the hearing before the Board of County Commissioners,shall be considered conditions of approval unless explicitlyalteredby the Board. 2.That the Applicant shall submit an applicationfor Final Plat for the "Oak Meadows Ranch PUD,Filing4,Phase III"subdivisionwhich shall be deemed Technically Complete prior to July 21st,2010.If the HillWJUMMIMI hN IM'WhmMM AlllI Reception#:773110 08/11/200910:06:18AM JeanAlberico 3 of 3 Reo Fee:SO.00Doc Fee:0.00GARFIELDCOUNTYCO applicationfor Final Plat is not deemed Technically Complete on or before July 21st,2010,the Preliminary Plan shall expire.No further extensionsto filethe Final Plat or receive Technical Completeness shall be granted. G.The "Oak Meadows Ranch PUD,Filing4,Phase III"request for extension to file Final Platisapproved by a vote of 2-0. Dated this /O day of 0,A.D.2009. ATTEST:GARFIELD COUNTY B ARD OF COM ONERS,GARFIELD COUNTY,COLORADO 1 rk of the Board :Chairman Upon motion duly made and seco g Resolutio as adopte y the following vote: John Martin ,Aye Mike Samson ,Recused Tr6si Houpt ,Aye STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythat the annexed and foregoing Resolution istrulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County,at Glenwood Springs,this day of ,A.D.2009 County Clerk and ex-officioClerk of the Board of County Commissioners Reception#:787581 06/22/201003:47:20PM JeanAlberico 1 of 3 Rec Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regularmeeting of the Board of County Commissioners for GarfieldCounty, Colorado,held in the Commissioners'Meeting Room,GarfieldCounty Plaza Building,in Glenwood Springs on Monday,the 14 day of June,2010,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Trbsi Houpt (recused),Commissioner Don Deford ,County Attorney Deborah Quinn ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board Ed Green (absent),County Manager when the following proceedings,among otherswere had and done,to-wit: RESOLUTION NO.c70 /o -4 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III"PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY JOHN C.RICHERT,ETHAN A.JACOBSON,AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legal and politicalsubdivisionof the State of Colorado for which the Board of County Commissioners (Board)isauthorizedto act. B.On the 14 day of June,2010,the Board of County Commissioners opened a public meeting upon the question of whether the extension to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interested persons were given the opportunityto express theiropinions regarding the issuance of said extension. C.The Board of County Commissioners acted on the basis of substantial competent evidence produced at the aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing4,Phase III" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realproperty described in the document recorded at Reception Number 735652 in the Reception#:787581 06/22/201003:47:20PM JeanAlberico 2 of 3 Rec Fee:$0.00Doc Fee 0.00GARFIELDCOUNTYCO records of the Clerk and Recorder,GarfieldCounty,Colorado. E.In accordance with the Garfield County Land Use Resolution of 2008,as amended,and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD, Filing4,Phase III"subdivision,the Applicant is requiredto filea Technically Complete Final Platapplicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the Preliminary Plan at a Public meeting held on August 3,2009 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 21",2010 as memorialized in Resolution 2009-59. G.In accordance with proposed amendments to the Garfield County Land Use Resolution of 2008,as amended,the PreliminaryPlan approval granted in Resolution No. 2008-95 and one-year extension granted in Resolution 2009-59 for the "Oak Meadows Ranch PUD,Filing4,Phase III"subdivision,the Applicant fileda request to extend the deadline for submittal of a Technically Complete Final Plat for two years to July 21", 2012. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoing Recitalsare incorporatedby thisreferenceas part of thisResolution. B.The request for an extension to filea Final Plat will be consistentwith the requirements of the Garlield County Unified Land Use Resolution of 2008,as amended upon adoption of a proposed amendment that would permit such extensions. C.The public meeting before the Board of County Commissioners was extensive and complete;all pertinent facts,matters and issues were submitted;and all interestedpartieswere heard at thathearing. D.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. E.A motion was made to approve the extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing4,Phase III"untilJuly 21, 2011 and approved by a vote of 2-0. Dated this day of ,A.D.2010. ATTEST:GARFIELD COUNTY BOARD OF COMMISSIONERS,GARFIELD gllIE.Pl m W.1 .@ WWIMM 19.8 11 III Reception#:787581 06/22/201003:47:20PM JeanAlberico 3 of 3 Rec Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO COUNTY,COLORADO \ELD Clerk of the Board \:z ater C **......** RADO Upon motion duly made the foregoing to w opted by the following vote: Tohn Martin , Tr6si Houpt ,Recused Mike Samson STATE OF COLORADO ) )ss County of Garfield ) I,.,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythat the annexed and foregoing Resolution istrulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County,at Glenwood Springs,this day of ,A.D.2010 County Clerk and ex-officioClerk of the Board of County Commissioners Reception#:804937 07/08/201109:24:12RM JeanAlberico 1 of 3 Reo Fee:$0.00Dec Fee:0.00GARFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,held in the Commissioners'Meeting Room,Garfield County Plaza Building,in Glenwood Springs on Monday,the 20thday of June,2011,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Tom Jankovsky ,Commissioner Carey Garnon AssistantCounty Attorney Jean Alberico ,Clerk of the Board Ed Green absent),Co Man er when the following proceedings,among otherswere had and done,to-wit: RESOLUTIONNO.2011-38 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TWO-YEAR EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III" PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY JOHN C.RICHERT,ETHAN A.JACOBSON,AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legal and politicalsubdivisionof the State of Colorado for which the Board of County Commissioners (Board)isauthorizedto act. B.On the 20th day of June,2011,the Board of County Commissioners opened a public meeting upon the question of whether a two-year extension to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interested persons were given the opportunityto express theiropinions regarding the issuance of said extension. C.The Board of County Commissioners acted on the basis of substantialcompetent evidence produced at the aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realproperty described in the document recorded at Reception Number 735652 in the records of the Clerk and Recorder,GarfieldCounty,Colorado. Reception#.804937 07/09/201109:24:12AM JeanAlberico 2 of 3 Rec Fee:$0.00Doc Fee:0,00GARFIELDCOUNTYCO E.In accordance with the GarfieldCounty Land Use Resolution of2008,as amended, and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing 4,Phase III"subdivision,the Applicant was required to file a Technically Complete Final Plat applicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the Preliminary Plan at a Public Meeting held on August 3,2009 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2010 as memorialized in Resolution 2009-59. G.The Board of County Commissioners considered a second request for extension of the Preliminary Plan at a Public Meeting held on June 14,2010 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2011 as memorialized in Resolution 2010-47. H.The Board of County Commissioners considered a thirdrequest for extension of the Preliminary Plan at a Public Meeting held on June 20,2011 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2013. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoing Recitalsare incorporatedby thisreferenceas partof thisResolution. B.The request for a two-year extension to file a Final Plat is consistentwith the requirements of the Garfield County Unified Land Use Resolution of 2008,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;all pertinentfacts,matters and issues were submitted;and all interested partieswere heard atthathearing. D.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. E.A motion was made to approve the 2-year extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing4,Phase III"untilJuly 21,2013 and approved by a vote of 3-0. HIIIElif M W,'lMIM.IW W WWHIN.h gl ill Reception#:804937 07/08/201109:24:12AM JeanAlberico 3 of 3 Rec Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO Dated this 6 day of ,A.D.2011 ATTEST:GARFIELD COUNTY BOARD OF COMMISSIONERS,GARFIELD COUNTY,COLORADO the Board C at Upon motion duly made and s fore esol -- adopted by the following vote: John Martin _,Aye Mike Samson ,Aye Tom Jankovsky _,Aye STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythatthe annexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe sealof said County, at Glenwood S rin s,this d of ,A.D.2011 County Clerk and ex-officioClerk of the Board of County Commissioners Reception#:837610 07/05/201309:58.54AM JeanAlberico1of3RecFee.$0.00Doc Fee:0.00GARFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,held in the Commissioners'Meeting Room,Garfield County Plaza Building,in Glenwood Springs on Monday,the 1stday of July,2013,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Tom Jankovsky ,Commissioner Carey Gagnon ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board Andrew Gorger ,County Manager when the following proceedings,among otherswere had and done,to-wit: RESOLUTION NO.dog -39 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TWO-YEAR EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III" PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY JOHN C.RICHERT,ETHAN A.JACOBSON,AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legal and politicalsubdivisionof the State of Colorado for which the Board of County Commissioners (Board)isauthorizedto act. B.On the 1stday of July,2013,the Board of County Commissioners opened a public meeting upon the question of whether a two-year extension to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interested persons were given the opportunity to express theiropinions regarding the issuance of said extension. C.The Board of County Commissioners acted on the basis of substantialcompetent evidence produced at the aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realproperty described in the document recorded at Reception Number 735652 in the records of the Clerk and Recorder,GarfieldCounty,Colorado. Reception#:837610 07105/201309:58:54AM JeanAlberico 2 of 3 Rec Fee:$0.00Doc Fee 0.00GARFIELOCOUNTYCO E.In accordance with the GarfieldCounty Land Use Resolution of 2008,as amended, and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing4,Phase III"subdivision,the Applicant was required to file a Technically Complete Final Plat applicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the Preliminary Plan at a Public Meeting held on August 3,2009 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2010 as memorialized in Resolution 2009-59. G.The Board of County Commissioners considered a second requestfor extension of the Preliminary Plan at a Public Meeting held on June 14,2010 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2011 as memorialized in Resolution 2010-47. H.The Board of County Commissioners considered a thirdrequest for extension of the Preliminary Plan at a Public Meeting held on June 20,2011 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 21st,2013. I.The Board of County Commissioners considered a fourthrequestfor extension of the Preliminary Plan at a Public Meeting held on July 1,2013 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 21st,2015. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoing Recitalsare incorporatedby thisreferenceas partof thisResolution. B.The request for a two-year extension to file a Final Plat is consistentwith the requirements of the Garfield County Unified Land Use Resolution of 2008,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;all pertinentfacts,matters and issues were submitted;and all interested partieswere heard at thathearing. D.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. E.A motion was made to approve the 2-year extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing4,Phase III"untilJuly 21,2015 and approved by a vote of 3-0. 07105/201309 58.54AM JeanAlberico 3 of 3 Rec Fee:SO00 Doc Fee.000 GARFIELDCOUNTYCO Dated this day of ,A.D.2013 ATTEST:GARFIELD CO LD OF COM ISSI NERS,GARFIELD COUNTY,COLORADO .*********.qd C rk of the Board **./Chai Upon motion duly made and seconded the foregoin Resol ' n was pted by the following vote: John Martin ,Aye Mike Samson ,Aye Tom Jankovsky ,Aye STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythat the annexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto set my hand and affixedthe seal of said County, at Glenwood ri s,this d of ,A.D.2013 County Clerk and ex-officioClerk of the Board of County Commissioners Reception#:865682 07/21/201512:50:19PM JeanAlberico 1 of 3 Rec Fee:$0.00Doc Fee:0,00GARFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,held in the Commissioners'Meeting Room,Garfield County Plaza Building,in Glenwood Springs on Monday,the 20th day of July,2015,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Tom Jankovsky ,Commissioner Kevin Batchelder ,Acting County Manager Tari Willams ,Acting County Attorney Kelly Cave ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board when the following proceedings,among otherswere had and done,to-wit: RESOLUTIONNO.&5-3& A RESOLUTION CONCERNED WITH THE APPROVAL OF A ONE-YEAR EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FLING 4,PHASE B" PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY JOHN C.RICHERT,ETHAN A.JACOBSON,AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.GarfieldCounty is a legal and politicalsubdivisionof the State of Colorado for which the Board of County Commissioners (Board)isauthorizedto act. B.On the 208'day of July,2015,the Board of County Commissioners opened a public meeting.upon the question of whether a two-year extension to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interested persons were given the opportunityto express theiropinions regarding the issuance of said extension. C.The Board of County Commissioners acted on the basis of substantialcompetent evidence produced at the aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing 4,Phase m" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realpropertydescribedin the document recorded at Reception Number 735652 in the records Reception#:86568207/21/201512:50:18PM JeanAlberico2of3ReeFee:50.00Doo Fee:0.00GARFIELDCOUNTYCO of the Clerk and Recorder,GarfieldCounty,Colorado. E.In accordance with the GarfieldCounty Land Use Resolution of 2008,as amended, and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing4,Phase III"subdivision,the Applicant was required to file a Technically Complete Final Plat applicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the Preliminary Plan at a Public Meeting held on August 3,2009 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2010 as memorialized in Resolution 2009-59. G.The Board of County Commissioners considered a second requestfor extension of the PreliminaryPlan at a Public Meeting held on June 14,2010 and approved the extension to filea Technically Complete Final Plat applicationto July 21st,2011 as memorialized in Resolution 2010-47. H.The Board of County Commissioners considered a thirdrequest for extension of the PreliminaryPlan at a Public Meeting held on June 20,2011 and approved the extension to filea TechnicallyComplete Final Plat applicationto July 21st,2013. I.The Board of County Commissioners considered a fourthrequestfor extension of the PreliminaryPlan at a Public Meeting held on July 1,2013 and approved the extension to filea TechnicallyComplete Final Plat applicationto July 21",2015. J.The Board of County Commissioners considered a fifthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 20,2015 and approved the extensionto filea TechnicallyComplete Final Platapplicationto July 21",2017. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoingRecitalsare incorporatedby thisreferenceas part of thisResolution. B.The request for a one-year extension to file a Final Plat is consistentwith the requirementsof the 2013 Land Use and Development code,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;allpertinentfacts,matters and issues were submitted;and all interested partieswere heard at thathearing. D.The requestedextension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. Reception#:865882 07/21/201512:50:19PM JeanAlberico3of3RecFee:50.00Doc Fee:0.00GARFIELDCOUNTYCO E.A motion was made to approve the 1-year extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing4,Phase m"untilJuly 21,2016 and approved by a vote of 3-0. Dated this JO day of ,A.D.2015 ATTEST:GARFIELD COUNTY OARD OF C &IONERS,GARFIELD COUNTY,COLORADO lerkof the Board ..7 C rman OLORADO Upon motion duly made and seconded e forego g Resol ion was ado ed by the following vote: John Martin v ay Mike Samson ay Tom Jankovsky ay STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythat the annexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe seal of said County, at Glenwood S rin ,this_da of ,A.D.2015 County Clerk and ex-officioClerk of the Board of County Commissioners ElliF NMMM HMN#M Md EMI ocMS FIELDCOUNTYC0 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,held in the Commissioners'Meeting Room,Garfield County Plaza Building,in Glenwood Springs on Monday,the 5th day of July,2016,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Tom Jankovsky ,Commissioner Kevin Batchelder ,County Manager Tari Williams ,County Attorney Kelly Cave ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board when the followingproceedings,among otherswere had and done,to-wit: RESOLUTION NO.8/- A RESOLUTION CONCERNED WITH THE APPROVAL OF A ONE-YEAR EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III" PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY TERRIX FINANCIAL CORP.,ETHAN A.JACOBSON, AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legal and politicalsubdivision of the State of Colorado for which the Board of County Commissioners (Board)is authorizedto act. B.On the 5*day of July,2016,the Board of County Commissioners opened a public meeting upon the question of whether a one-year extension to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interested persons were given the opportunity to express theiropinions regarding the issuance of said extension. C.The Board of County Commissioners acted on the basis of substantialcompetent evidence produced at the aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realpropertydescribed in the document recorded at Reception Number 735652 in the records 3 o ocMOYFIELD COUNTYC0 of the Clerk and Recorder,GarfieldCounty,Colorado. E.In accordance with the GarfieldCounty Land Use Resolution of 2008,as amended, and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing 4,Phase III"subdivision,the Applicant was required to file a Technically Complete Final Plat applicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the PreliminaryPlan at a Public Meeting held on August 3,2009 and approved the extension to filea Technically Complete Final Plat applicationto July 2181,2010 as memorialized in Resolution 2009-59. G.The Board of County Commissioners considered a second requestfor extension of the PreliminaryPlan at a Public Meeting held on June 14,2010 and approved the extension to filea Technically Complete Final Plat applicationto July 2181,2011 as memorialized in Resolution 2010-47. H.The Board of County Commissioners considered a thirdrequest for extension of the Preliminary Plan at a Public Meeting held on June 20,2011 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 215,2013. I.The Board of County Commissioners considered a fourthrequestfor extension of the PreliminaryPlan at a Public Meeting held on July 1,2013 and approved the extension to filea TechnicallyComplete Final Plat applicationto July 21",2015. L The Board of County Commissioners considered a fifthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 20,2015 and approved the extensionto filea TechnicallyComplete Final Plat applicationto July 218!,2016. K.The Board of County Commissioners considered a sixth requestfor extension of the PreliminaryPlan at a Public Meeting held on July 5,2016 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 213',2017. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoingRecitalsare incorporatedby thisreferenceas partof thisResolution. B.The request for a one-year extension to file a Final Plat is consistentwith the requirementsof the 2013 Land Use and Development code,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;allpertinentfacts,matters and issues were submitted;and allinterested partieswere heard at thathearing. 2 El FJ7iWMA141EFlMOREMA Bl Ill oe EFIELDCOUNTYC0 D.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. E.A motion was made to approve the 1-year extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing4,Phase III"untilJuly 21,2017 and approved by a vote of 3-0. Dated this day of ,,A.D.2016 ATTEST:GARFIELD CO D D OF COM NE S,GARFIELD COUNTY,COLORADO .--"". SEAL -- ddrk of the Board Co ohb Chai ,an Upon motion duly made and seconded the foregoin Resolu on as adopted by the following vote: John Martin ,A e ay Mike Samson A ay Tom Jankovsky ,Ay ay STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythatthe annexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe sealof said County, at Glenwood Springs,this_day of ,A.D.2016 County Clerk and ex-officioClerk of the Board of County Commissioners 3 ElllF/MMJ/MiMMi t M ElM s Ed YNFIELD COUNTYC0 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,held in the Commissioners'Meeting Room,Garfield County Plaza Building,in Glenwood Springs on Monday,the 10thday of July,2017,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Tom Jankovsky ,Commissioner Kevin Batchelder ,County Manager Tari Williams ,County Attorney Kelly Cave ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board when the followingproceedings,among otherswere had and done,to-wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A TWO YEAR EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III" PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY TERRIX FINANCIAL CORP.,ETHAN A.JACOBSON, AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legaland politicalsubdivision of the State of Colorado for which the Board of County Commissioners (Board)is authorizedto act. B.On the 10th day of July,2017,the Board of County Commissioners opened a public meeting upon the question of whether a requestfor an extensionof time to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interestedpersons were given the opportunityto express theiropinions regardingthe issuance of saidextension. C.The Board of County Commissioners acted on the basis of substantialcompetent evidence produced atthe aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realpropertydescribedin the document recorded at Reception Number 735652 in the records 1 E THEPNht.MWFMMMElWI 2 YERRFIELD COUNTYCO of the Clerk and Recorder,GarfieldCounty,Colorado. E.In accordance with the GarfieldCounty Land Use Resolution of 2008,as amended, and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing4,Phase III"subdivision,the Applicant was required to file a Technically Complete Final Plat applicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the Preliminary Plan at a Public Meeting held on August 3,2009 and approved the extension to filea Technically Complete Final Plat applicationto July 2182,2010 as memorialized in Resolution 2009-59. G.The Board of County Commissioners considered a second requestfor extension of the Preliminary Plan at a Public Meeting held on June 14,2010 and approved the extension to filea Technically Complete Final Plat applicationto July 218t,2011 as memorialized in Resolution 2010-47. H.The Board of County Commissioners considered a thirdrequest for extension of the Preliminary Plan at a Public Meeting held on June 20,2011 and approved the extension to filea TechnicallyComplete FinalPlat applicationto July 21st,2013. I.The Board of County Commissioners considered a fourthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 1,2013 and approved the extensionto filea TechnicallyComplete Final Platapplicationto July 2181,2015. J.The Board of County Commissioners considered a fifthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 20,2015 and approved the extensionto filea TechnicallyComplete Final Platapplicationto July 2182,2016. K.The Board of County Commissioners considered a sixthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 5,2016 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 2182,2017. L.The currentseventh request for extension of the Preliminary Plan was filedin a timely fashion,included supporting documentation and explanation for the reasons for the extension request,consistentwith the requirements of the Land Use and Development Code, as amended. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: A.The forgoing Recitalsare incorporatedby thisreferenceas part of thisResolution. B.The request for an extension of time to file a Final Plat is consistentwith the 2 ElllFAFF WM W ANNhMMMfik El lll e SociETnFIELD COUNTYCO requirements of the Land Use and Development Code,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;allpertinentfacts,matters and issues were submitted;and all interested partieswere heard at thatmeeting. D.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. E.A 2 year extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing 4,Phase III"untilJuly 21,2019 is hereby approved subjectto the conditionthatno furtherextensionsshallbe approved. Dated this 7 * day of /.uj A.D.2017 ATTEST:GARFIELD COUNTY ARD OF CO ISil s NERS,GARFIELD COUNTY,COLORADO -m - (SEAL C rk of the Board ...ha an Upon motion duly made and seconded the foreg ing Reso u to was adopte by the following vote: John Martin ,Aye Mike Samson ,Aye Tom Jankovsky ,Aye STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and State aforesaiddo hereby certifythatthe annexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe sealof said County, at Glenwood Springs,this_day of ,A.D.2016 County Clerk and ex-officioClerk of the Board of County Commissioners 3 ElliNNW RILWIÆlCW NA½Ed El111 ocÛ NFIELDCOUNTYCO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,held in the Commissioners'Meeting Room,Garfield County Plaza Building,in Glenwood Springs on Monday,the 22thday of July,2019,therewere present: John Martin ,Commissioner Chairman Mike Samson ,Commissioner Tom Jankovsky ,Commissioner Kevin Batchelder ,County Manager Tari Williams ,County Attorney Kelly Cave ,AssistantCounty Attorney Jean Alberico ,Clerk of the Board when the following proceedings,among otherswere had and done,to-wit: RESOLUTION NO.R - A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE "OAK MEADOWS RANCH PUD,FILING 4,PHASE III"PRELIMINARY PLAN LOCATED WITHIN THE OAK MEADOWS RANCH PUD ON A PARCEL OF LAND OWNED BY TERRIX FINANCIAL CORP.,ETHAN A.JACOBSON,AND EMERALD ISLE LENDING COMPANY,GARFIELD COUNTY PARCEL NO.2395-153-10-001 Recitals A.Garfield County is a legaland politicalsubdivisionof the State of Colorado for which the Board of County Commissioners (Board)isauthorizedto act. B.On the 22nd day of July,2019,the Board of County Commissioners opened a public meeting upon the question of whether a requestfor an extensionof time to filea Final Plat should be granted,granted with conditions,or denied at which meeting the public and interestedpersons were given the opportunityto express theiropinions regardingthe issuance of said extension. C.The Board of County Commissioners acted on the basis of substantialcompetent evidence produced at the aforementioned meeting. D.The Preliminary Plan for the "Oak Meadows Ranch PUD,Filing 4,Phase III" subdivisionwas approved by the Board on July 21,2008 under Resolution No.2008-95 for realpropertydescribed in the document recorded at Reception Number 735652 in the records Ed FJM MMMMNinMM4 El Ill oo NFIELDCOUNTYCO of the Clerk and Recorder,GarfieldCounty,Colorado. E.In accordance with the GarfieldCounty Land Use Resolution of 2008,as amended, and the Preliminary Plan approval the for the "Oak Meadows Ranch PUD,Filing4,Phase III"subdivision,the Applicant was required to file a Technically Complete Final Plat applicationpriorto July 21,2009. F.The Board of County Commissioners considered a one-year extension of the Preliminary Plan at a Public Meeting held on August 3,2009 and approved the extension to filea Technically Complete Final Plat applicationto July 2185,2010 as memorialized in Resolution 2009-59. G.The Board of County Commissioners considered a second requestfor extension of the PreliminaryPlan at a Public Meeting held on June 14,2010 and approved the extension to filea Technically-Complete Final Plat applicationto July 218t,2011 as memorialized in Resolution 2010-47. H.The Board of County Commissioners considered a thirdrequest for extension of the PreliminaryPlan at a Public Meeting held on June 20,2011 and approved the extension to filea TechnicallyComplete Final Platapplicationto July 2181,2013. L The Board of County Commissioners considered a fourthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 1,2013 and approved the extensionto filea TechnicallyComplete FinalPlatapplicationto July 2181,2015. J.The Board of County Commissioners considered a fifthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 20,2015 and approved the extensionto filea TechnicallyComplete FinalPlatapplicationto July 21st,2016. K.The Board of County Commissioners considered a sixthrequest for extension of the PreliminaryPlan at a Public Meeting held on July 5,2016 and approved the extensionto filea TechnicallyComplete Final Platapplicationto July 2151,2017. L.The Board of County Commissioners considered a seventh requestfor extensionof the PreliminaryPlan at a Public Meeting held on July 5,2016 and approved the extension to filea TechnicallyComplete FinalPlatapplicationto July 2152,2019. M.The current eighth request for extension of the Preliminary Plan was filedin a timely fashion,included supporting documentation and explanation for the reasons for the extension request,consistentwith the requirements of the Land Use and Development Code, as amended. Resolution NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty,Colorado,that: 2 ElliFsMMilMi blM©lMMk©M El Ill s oc ÁÅÅFIELDCOUNTYCO A.The forgoing Recitalsare incorporatedby thisreferenceas part of thisResolution. B.The request for an extension of time to filea Final Plat is consistentwith the requirements of the Land Use and Development Code,as amended. C.The public meeting before the Board of County Commissioners was extensive and complete;allpertinentfacts,matters and issues were submitted;and all interested partieswere heard at thatmeeting. D.The requested extension is in the best interestof the health,safetyand welfare of the citizensof GarfieldCounty. E.A one year extension to filea Technically Complete Final Plat applicationfor "Oak Meadows Ranch PUD,Filing4,Phase III"untilJuly 21,2020 ishereby approved. Dated this day of ,A.D.2019 ATTEST:*..GARFIELD COUNTY BOARD OF SEAL × COMMISSIO RS,RFIELD COUNTY, .COLORADO lerkof the Board Date Chairm Upon motion duly made and seconded t for idsolut n was adopted y the followingvote: John Martin ,Aye Mike Samson ,Aye Tom Jankovsky ,Aye 3 o 2NFIELDCOUNTYC0 STATE OF COLORADO ) )ss County of Garfield ) I,,County Clerk and ex-officioClerk of the Board of County Commissioners in and for the County and Stateaforesaiddo hereby certifythatthe annexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said GarfieldCounty,now in my office. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe sealof said County, at Glenwood Springs,this day of ,A.D.2016 County Clerk and ex-officioClerk of the Board of County Commissioners 4 These are action minutes only. For a full account of the meeting, you may go to the Garfield County Website www.garfield‐county.com and view the meeting or contact the Clerk and Recorder’s Office. August 2, 2021 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO ROLL CALL - 8:00 a.m. Commissioner Jankovsky, Chairman Martin, Commissioner Samson present. PLEDGE OF ALLEGIANCE INVOCATION PUBLIC COMMENTS FROM CITIZENS NOT ON THE AGENDA – 8:05 a.m. Linda Holloway, citizen present, requested to clarify a few points and comments made during her Board of Equalization hearing held the previous week. Mary Kenyon, Valley Meals and More Executive Director present, spoke on her concerns regarding budgeted funds for meals for senior citizens in Garfield County and requested the Board consider a different approach to budget funds to be used strictly for meals. Leslie Robinson, citizen present via an online meeting, thanked the Board for their testimony at the redistricting meeting, then spoke on her concerns regarding the funds budgeted and used for oil and gas. Allyn Harvey, citizen present via an online meeting, discussed his concerns regarding budgeted funds used for oil and gas. Jacob Becklund, representing Phil Weiser campaign for Colorado Attorney General present via an online meeting, requested to use the Garfield County Courtyard for a public event on Monday, September 20 from 11 a.m. to 2 p.m. The Board granted the request for the Phil Weiser campaign to use the Garfield County Courtyard in Glenwood Springs. Debbie Bruell, citizen present via an online meeting, asked for an update for a request that she made to establish a countywide wildfire council. Chairman Martin explained the decision would be made by Sheriff Lou Vallario and at the time of the meeting the Sheriff had no intention of forming such a council. REGULAR WORK SESSION: 1. Elected Officials: a. Tom Jankovsky, Garfield County Commissioner i. Request to Colorado Department of Transportation (CDOT) for signage at County Road 154 and Highway 82 intersection at Thunder River Market. Attachment_CDOT_signage_request Commissioner Jankovsky explained that Senator Rankin has requested that CDOT place a flashing sign north of the intersection of County Road 154 and Highway 82 cautioning drivers to lower their speed for the traffic signal at the intersection. These are action minutes only. For a full account of the meeting, you may go to the Garfield County Website www.garfield‐county.com and view the meeting or contact the Clerk and Recorder’s Office. Commissioner Jankovsky - Mr. Chair I move that we send a letter to Colorado Department of Transportation requesting flashing signage on the North side of the intersection of County Road 154 and Highway 82; allow the Chair to sign. Commissioner Samson - Second. Passed by Unanimous Vote b. Carrie Couey, Garfield County Treasurer and Public Trustee i. Resolution Adopting Revised GC Investment Policy Kevin Batchelder, County Manager, was present. Kevin Batchelder announced he received a request that the item be pulled from the agenda. 2. Consent Agenda: Items of a routine nature are placed on the Consent Agenda to allow the Board of County Commissioners to spend its time and energy on more important items on a lengthy agenda. Any Commissioner or any member of the public may request that an item be “REMOVED” from the Consent Agenda and considered on the Regular Agenda. a. Approve Bills b. Recommendation for renewal of the contract with Peak Performance Imaging Solutions for Laserfiche records management system – Procurement Department Attachment_Recommendation_Renewal_Peak_Performance_Imaging_Solutions c. Recommendation and approval of a sole source contract with Robert Hykys for services to update Pictometry and parcel data for GIS addressing – Procurement Department Attachment_Recommendation_Sole_Source_Hykys e. Recommendation and approval of a change order to the 2021 Asphalt Paving Projects contract for the Road & Bridge Department – Wyatt Keesbery Attachment_Recommendation_Frontier_Paving_Change_Order_2 f. Request signature for reimbursement from the US Forest Service – Wyatt Keesbery Attachment_USFS_reimbursement_agreement g. Authorization for the Chairman to sign a resolution approving a text amendment to articles 3, 9 and 15 of the Garfield County land use and development code of 2013, as amended, to implement oil and gas regulations - Sheryl Bower Attachment_Oil_&_Gas_Regulations_Exhibit_&_Resolution h. Recommendation and approval to award a contract to Xcel Energy for the purchase of Harvey Gap Tower Electrical Service for the Facilities Department – Frank Coberly Attachment_Xcel_Harvey_Gap d. Ratification of Chairman’s signature on a Letter to City of Glenwood These are action minutes only. For a full account of the meeting, you may go to the Garfield County Website www.garfield‐county.com and view the meeting or contact the Clerk and Recorder’s Office. Springs regarding 214 Center Drive, LLC. annexation proposal. Attachment_Letter_City_Annexation_Proposal_07.19.2021 i. Ratification of Chairman's signature on Intergovernmental Agreement (IGA) regarding The Town of Carbondale - Coffman Ranch Project Attachment_IGA_Town_of_Carbondale_Coffman_Ranch Commissioner Samson - Mr. Chair I move that we approve the consent agenda items "a" through "i" as presented; allow the Chair to sign. Commissioner Jankovsky - Second. Passed by Unanimous Vote 3. County Manager Update: County Manager Kevin Batchelder a. Public Meetings: 1. Action Items: i. 2021 Third Quarter Requests for Discretionary Grant Funding 1. Request for discretionary grant funding of $5,000.00 for Glenwood Springs Summer of Music, Inc – Annie Olson, President & Chris Bank, Music Director Attachment_GWS_Summer_of_Music_1_Discretionary_Grant_Form_Request_2021 Attachment_GWS_Summer_of_Music_2_Discription_short_summary_2021 Annie Olson, Glenwood Springs Summer of Music President, was present via an online meeting. Annie Olson gave some background for the Glenwood Springs Summer of Music and requested the grant funds of $5,000. 2. Request for discretionary grant funding of $5,000.00 for Discovery Café Project – Gabriel Cohen Attachment_Discovery_Cafe_Project Gabriel Cohen, Discovery Cafe Executive Director, present, Gabriel Cohen outlined the programs and support Discovery Cafe offers to recovering addicts and requested grant funds of $5,000. ii. Approval of Permit Request on fiber project – Jordan Perkins, Project Designer, HR Green Attachment_HCE_1_Agenda_Request_Form Attachment_HCE_2_Utility_Permit_Application_2018_Garfield_County_P25-55 Attachment_HCE_3_Glenwood_Springs_Basalt_Fiber_Design_LLD_PG25-55 Attachment_HCE_4_Permit_Request Jordan Perkins, HR Green Project Designer, was present via an online meeting. These are action minutes only. For a full account of the meeting, you may go to the Garfield County Website www.garfield‐county.com and view the meeting or contact the Clerk and Recorder’s Office. Jordan Perkins stated that HR Green is working with Holy Cross Energy on their fiber optics project and went on to request for the permit to bury fiber optic lines south of Ironbridge Golf Club. Commissioner Jankovsky - Mr. Chair I move that we approve the utility permit for HR Green; allow the Chair to sign. Commissioner Samson - Second. Passed by Unanimous Vote iii. Request a letter of support for Colorado River District funding of the Canyon Creek Fish Passage project – Richard Van Gytenbeek Attachment_Creek_Fish_1_Grant_Request_TU_Ltr_of_Support Attachment_Creek_Fish_2_Canyon_Creek_Fish_Passage Richard Van Gytenbeek, Trout Unlimited Colorado River Basin Outreach Coordinator, was present. Richard Van Gytenbeek gave a PowerPoint presentation regarding National Trout Unlimited's Canyon Creek Fish Passage Project and requested the letter of support to apply for grant funds from the Colorado River District. Commissioner Samson - Mr. Chair I move that we approve the letter of support for Colorado River District funding of the Canyon Creek Fish Passage project as outlined to us; allow the Chair to sign. Commissioner Jankovsky - Second. Passed by Unanimous Vote iv. Grizzly Creek Fire Restoration Efforts invitation to attend Presentation – Sheryl Bower and Jacob Baker, Roaring Fork Outdoor Volunteers Attachment_Grizzly_Creek Sheryl Bower, Community Development Director representing Roaring Fork Outdoor Volunteers, was present. Jacob Baker, Roaring Fork Outdoor Volunteers, was present via an online meeting. Sheryl Bower requested the Board attend a site visit at the Grizzly Creek rest area regarding restoration efforts for the area impacted by the Grizzly Creek Fire. Jacob Baker listed the other entities that would attend the presentation. The Board stated the site visit could be scheduled for June 23rd. v. Consideration of a Revegetation Security Release – CPX Piceance Holdings – Steve Anthony Attachment_Reveg_Security_CPX_Piceance Steve Anthony, Vegetation Management Manager, was present. Steve Anthony gave a brief update for the grading permit issued and requested the security release in the amount of $36,625. These are action minutes only. For a full account of the meeting, you may go to the Garfield County Website www.garfield‐county.com and view the meeting or contact the Clerk and Recorder’s Office. Commissioner Samson - Mr. Chair I move that we approve the revegetation security release to CPX Piceance Holding in the amount of $36,625; allow the Chair to sign. Commissioner Jankovsky - Second. Passed by Unanimous Vote vi. Consideration of a Revegetation Security Release – Pinyon Mesa Filing 2 - Steve Anthony Attachment_Reveg_Security_Pinyon_Mesa_Filing_2 Steve Anthony, Vegetation Management Manager, was present. Steve Anthony gave a brief update for the subdivision improvements and requested the security release in the amount of $12,500. The Board stated their concerns with drainage issues on the property and established the item will be tabled for further discussion and resolution of the issues. vii. American Rescue Plan Act grant offer - Brian Condie Attachment_1_ARPA_Grant_Summary Attachment_2_ARPA_Grant_Offer Attachment_3_ARPA_Grant_Assessment Brian Condie, Airport Director, was present. Brian Condie explained the Federal Aviation Administration notified the Rifle Garfield County Airport they are eligible to receive grant funds of $59,000 from the American Rescue Plan Act to provide relief to the airport in response to the Covid-19 pandemic. Commissioner Samson - Mr. Chair I move that we accept the American Rescue Plan grant offer; allow the Chair to sign. Commissioner Jankovsky - Second. Passed by Unanimous Vote viii. Ramp Geo-Tec investigation - Brian Condie Attachment_1_RTC5_summary Attachment_2_RTC5_SOW Attachment_3_RTC5_Pavement_Plan Attachment_4_RTC5_Photos Brian Condie, Airport Director, was present. Brian Condie gave a PowerPoint presentation as an update for the pavement capital improvement plan and requested supplemental funds of $22,000. Commissioner Samson - Then a motion is needed for a supplemental request of $22,000 from the Airport capital funds to fund this project? Commissioner Jankovsky - Those dollars were contributed by Atlantic Aviation. Brian Condie - Correct Commissioner Samson - I would so move and approve to proceed with the Release of Contract #5 with Armstrong Engineering. Commissioner Jankovsky - Second. These are action minutes only. For a full account of the meeting, you may go to the Garfield County Website www.garfield‐county.com and view the meeting or contact the Clerk and Recorder’s Office. Passed by Unanimous Vote ix. Fuel farm upgrade - Brian Condie Attachment_1_Scully_Summary Attachment_2_Scully_docs Brian Condie, Airport Director, was present. Brian Condie explained recent changes by the National Fire Protection Association in requirements for the safe refueling of aircraft requires an upgrade to have automatic overfill devices installed at airport fuel farms as well as on-mobile refulers at commercial airports requested and he then requested supplemental funds of $30,000 needed for the project. Commissioner Samson - Mr. Chair I move that we grant the supplemental request for $30,000 to install the fuel farm Scully System at the Airport, with that money to come from the Airport capital project funds. Commissioner Jankovsky - Second Passed by Unanimous Vote i. 2021 Third Quarter Requests for Discretionary Grant Funding (Cont.) 3. Request for discretionary grant funding of $5,000.00 for Dance Initiative – Megan Janssen Attachment_Dance_Initiative Megan Janssen, Dance Initiative Executive Director, present via an online meeting. Megan Janssen gave some background for Dance Initiative and requested the grant funds of $5,000. 2. Presentations and Information Items: i. Presentation of the 2020 Comprehensive Annual Financial Report (CAFR), Independent Auditor’s Report, and Letter to the Governing Board with Recommendations – Paul Backes, McMahan and Associates LLC: Kelicia Puckett, Bob Prendergast and Theresa Wagenman Theresa Wagenman, Finance Director, Kelsey Roper McMahan and Associates CPA, and Kelicia Puckett, Finance Administrator, were present. Bob Prendergast, Finance Administrator and Paul Backes, McMahan and Associates Partner, were present via an online meeting. Kelsey Roper outlined the audit process and presented the Comprehensive Annual Financial Report. 4. COUNTY ATTORNEY UPDATE: Tari Williams, County Attorney, was present. Tari Williams stated she did not have any updates or calendar items to report. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Response to LUDC Section 5‐304(C) July 19, 2021 Page 1 of 4 July 19, 2021 Glenn Hartmann, Principal Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 – Application for Preliminary Plan Minor Modification – Response to LUDC Section 5-304(C) Dear Glenn: On behalf of Gary Johnson, Gamba & Associates, Inc. (Gamba) has prepared this letter to respond to the County’s requirement for responses to the Minor Amendment Review Criteria contained in Section 5-304(C) of the County’s Land Use and Development Code (LUDC). Section 5-304(C) of the County’s LUDC reads as follows: Minor Modifications to Preliminary Plans are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Preliminary Plan, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive Plan; 3. Do not change the character of the development; 4. Do not alter the basic relationship of the development to adjacent property; 5. Do not change the uses permitted; 6. Do not require amendment or abandonment of any easements or rights‐ of‐way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3‐201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3‐201 Following are our responses to each of the criteria in this Section of the County’s Land Use Development Code: Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Response to LUDC Section 5‐304(C) July 8, 2021 Page 2 of 4 1. Comply with all requirements of this Code; RESPONSE: It is our intent to design and plan this development so that it is 100% compliant with all applicable county land use and development codes. Obviously, the County’s LUDC is quite extensive and despite our efforts, it is possible that there may be some minor issues with which our development plan is inadvertently non- compliant. If that is the case, once we are aware of any non-compliant issues associated with the design and planning of this development, the design or development plan will be revised to remedy the non-compliance. 2. Do not conflict with the Comprehensive Plan; RESPONSE: To the best of our knowledge, there are no aspects of this development which conflict with the Garfield County Comprehensive plan. 3. Do not change the character of the development; RESPONSE: The character of the original development as currently approved through preliminary plan consisted of 25 single family lots. The character of the proposed plan also consists of 25 single family lots, albeit the proposed plan provides for a reduction in the median area of the residential lots, with a corresponding increase in open space. Also due to the current requirement by the County to address the County’s affordable housing policies, the proposed plan also includes the development of three ADUs within the development. This affordable housing component was not included in the original plan as approved. Other than these relatively minor differences the proposed development does not change the character of the development currently approved through preliminary plan. 4. Do not alter the basic relationship of the development to adjacent property; RESPONSE: The proposed development plan does not alter the basic relationship of the development to any adjacent properties. 5. Do not change the uses permitted; RESPONSE: As noted above, the proposed development is now required by the County to provide an affordable housing component in the form three accessory dwelling units. Other than this possible exception, the proposed development plan does not change any other currently permitted uses. 6. Do not require amendment or abandonment of any easements or rights‐of‐way; RESPONSE: The currently approved preliminary plan shows certain proposed easements and rights-of-way which are to be dedicated upon approval and recordation of any final plat. A final plat for the approved preliminary plan was never approved by the County and recorded. Therefore the easements shown thereon do not yet exist. The proposed development plan also shows certain easements and rights-of-way which, although similar to those depicted on the approved preliminary plan, do differ somewhat. Regardless, there are no recorded or prescriptive easements which are to be amended or abandoned as a result of the proposed development plan. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Response to LUDC Section 5‐304(C) July 8, 2021 Page 3 of 4 7. Do not increase the density; RESPONSE: As noted above, the currently approved preliminary plan for this development was not required to provide any affordable housing component. We have been instructed by the County staff that this new proposed development plan will be required to meet the County’s affordable housing requirements. The development intends to meet this new requirement with the addition of three accessory dwelling units. Other than these three ADUs the proposed development plan does not increase the density compared to the currently approved preliminary plan. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3‐201; RESPONSE: According to the County’s Zone District Map, the current zoning of the proposed development area is Planned Unit Development (PUD). Consequently, we believe that this criterion of the LUDC may not be applicable to this development proposal. In any case, the proposed development’s zone district dimensions do not exceed the corresponding dimensions of the approved preliminary plan for this development, and in some cases the zone district dimensions of the proposed development plan are more stringent as compared to those of the approved preliminary plan. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; RESPONSE: The amount of dedicated open space is increased with the proposed development from 32.61 acres (approved 2008 Preliminary Plan) to 35.99 acres (proposed development plan). b. The size of or change in the locations, lighting, or orientation of originally approved signs; and RESPONSE: Neither the approved preliminary plan, nor the proposed development plan include the establishment of any signs. Therefore, there are no changes in the location, lighting or orientation of any signs. c. Any zone district dimensions in Table 3‐201 RESPONSE: See response to criterion No. 8 above. Following is a comparison of the general zone district dimension associated with the approved preliminary plan as compared to the proposed development plan: ZONE DISTRICT DIMENSION 2008 PLAN 2021 PLAN MEDIAN RESIDENTIAL LOT AREA 16,273 Sq. Ft. 10,632 Sq. Ft. FRONT YARD BUILDING SETBACK 10 Ft. 15 Ft. REAR YARD BUILDING SETBACK 10 Ft. 10 Ft. SIDE YARD BUILDING SETBACK 10 Ft. 10 Ft. BUILDING HEIGHT 25 Ft. 25 Ft. If you have any questions or need additional information, please contact us. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Response to LUDC Section 5‐304(C) July 8, 2021 Page 4 of 4 Sincerely, Gamba & Associates, Inc. __________________________________ Michael Gamba, P.E. & P.L.S. 28036 H:\03385\2020\Permitting\Amended Preliminary Plan\REPORTS\RESPONSE TO COMPLIANCE WITH LUDC 5-304-C - 20210720.doc Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 1 of 8 January 14, 2022 Glenn Hartmann, Principal Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 – Application for Preliminary Plan Minor Modification – Impact Analysis [LUDC Section 4-203(G)] Dear Glenn: On behalf of Oak Meadows, Filing 4, Phase 3 LLC, Gamba & Associates, Inc. (Gamba) has prepared this Impact Analysis in accordance with Section 4- 203(G) of the County’s Land Use and Development Code (LUDC). Section 4-203(G) of the County’s LUDC reads as follows: G. Impact Analysis. Where the proposed development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500‐foot radius. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 2 of 8 a. Determination of the long‐term and short‐term effect on flora and fauna; b. Determination of the effect on designated environmental resources, including critical wildlife habitat; c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. Following are our responses to each of the criteria in this Section of the County’s Land Use Development Code: 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500‐foot radius. RESPONSE: According to the Garfield County Comprehensive Plan Maps, following are the existing uses within a 1500-foot radius of the subject property: Residential L Zone District (10+ acres/dwelling unit) Residential L Zone District (10+ acres/dwelling unit) with Conservation Easements Residential MH Zone District (2 to 6 acres/dwelling unit) Oak Meadows Ranch PUD Public Lands and Open Space The proposed development is similar if not identical to the existing adjacent land uses, as such, we believe that the proposed development does not present any significant impacts to the adjacent properties and neighboring uses. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. RESPONSE: Streams: Four Mile Creek runs in a north-northwest direction and lies approximately 450 to 500 feet east of the eastern boundary of the subject property. Potential impacts to Four Mile Creek could come from reduced stormwater quality and/or wastewater discharges. Although stormwater quality mitigation is not a regulated criterion according to the Garfield County LUDC, the proposed stormwater detention basin will provide significant mitigation of stormwater quality by substantially reducing the Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 3 of 8 sediment within the stormwater runoff, and a significant percentage of pollutants within stormwater is attached to the sediment carried by the stormwater. Sanitary sewer for the 25 proposed single-family residences will be provided through an existing wastewater treatment facility which is regulated by the Colorado Department of Public Health and Environment – Water Quality Control Division. The purpose of this state oversight is to ensure that the water quality of the discharge from the wastewater treatment facility meets or exceeds all applicable water quality standards. Sanitary sewer for the three proposed ADUs will either be provided through the existing wastewater treatment facility or through on-site wastewater treatment systems permitted in accordance with Garfield County and Colorado Department of Health and Environment standards and regulations. Consequently, we do not believe that the proposed development will negatively impact Four Mile Creek. Areas Subject to Flooding: The most prominent areas subject to flooding in the general vicinity of the proposed development are those areas within the 100-year flood plain of Four Mile Creek. The subject area is not within the floodplain of Four Mile Creek and also does not lie within any other areas subject to significant flooding. A complete stormwater analysis of the subject property is included with this application which provides calculations for the peak stormwater rates of runoff for the areas which are tributary to this development. Lakes: There are no lakes within or near the subject property. High Ground Water Areas: Based on the geotechnical analysis completed for the development property, there are no known areas within the development property which are subject to high ground water. Topography: The existing topography of the subject property is provided on many of the plans and exhibits submitted with this application. Within the subject property, the proposed residential lots and road are located within the flatter portions of the overall parcel, and are also located in the topographically lower portions of the subject property. Consequently, the significant majority of the proposed residential development is not visible from most adjacent properties outside of the Oak Meadows Ranch PUD. Vegetative Cover: An existing vegetation map of the subject property is provided with this application. The areas of the subject property proposed for residential development and infrastructure construction consist primarily of non-irrigated non- agricultural grass meadows, with limited areas consisting of sage brush meadows and oak brush. As designed, the proposed development presents minimal impact to existing mature trees. Climatology: According to climatological data for the general area measured between 2008 and 2019, over the course of the year the temperature typically varies from a low temperature of 13°F to a high temperature of 87°F. The average annual precipitation Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 4 of 8 for the area is 17.15 inches with an average annual snowfall depth of 45 inches. We do not believe that the proposed development will have a material effect on the climatology of the area. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. RESPONSE: A geotechnical and geological investigation of the area is included with this application. Based on this report there are no soil characteristics of the site that will have a significant influence on the proposed use of the land. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. RESPONSE: As noted above, a geotechnical and geological investigation of the subject property is included with this application. Based on this report there are no natural or man-made geologic hazards on or adjacent to the site that will have a significant influence on the proposed use of the land. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. RESPONSE: As noted above, to the best of our knowledge there is not a shallow groundwater table in the vicinity of the proposed development and therefore we do not anticipate any measureable impacts to the groundwater as a result of this development. The well which provides the water supply for the development is located up-gradient and approximately 0.6 miles southeast from the subject property. The aquifer for the well is within the Dakota Sandstone which dips steeply to the west. Based on the physical relationship between the proposed development and the well, the proposed development will have no impact on the recharge area for the existing water supply well. As noted above, the subject property does not lie within any mapped floodplains. Also as noted above, the soils and subsoils within the development area will have no significant influence on the proposed use of the land. As previously noted, with the possible exception of the three proposed ADUs, wastewater treatment for this development is to be provided from an existing permitted wastewater treatment facility, in which case the soil’s ability to adequately support waste disposal is not relevant. For the three proposed ADUs, due to the very limited size of the ADUs - being proposed as 1 and 2 bedroom units, the limited average daily flowrate from these units would allow for on-site wastewater disposal system to be appropriately designed even if the long-term acceptance rate (LTAR) of the soils is Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 5 of 8 quite limited. If necessary on any given site, evapotransipiration, or ET beds could be utilized where the LTAR rate was severely limited. The slope (grade) of the land within the proposed residential building envelopes ranges from approximately 4.5% to approximately 25%, with an average slope of between 10% and 15%. These slopes do not present any design challenges for the proposed residential development. The impacts of the proposed development on sewage effluents and stormwater pollutants are addressed above. A complete stormwater analysis of the subject property is included with this application which provides calculations for the peak stormwater rates of runoff for the areas which are tributary to this development and demonstrates that the proposed stormwater mitigation is sufficient to address any increase of stormwater runoff flows into the adjacent Four Mile Creek. As noted above, the proposed development will have no measureable impact on groundwater. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long‐term and short‐term effect on flora and fauna; RESPONSE: Disturbance of the flora of the site will occur within the areas to be disturbed in conjunction with the construction of the development infrastructure and also within the areas developed within each private residential lot. The Preliminary Plan Map and Preliminary Engineering Plans which are included with this application depict the relationship between the areas within the subject property which are to be developed into either private residential lots or development infrastructure such roads and storm water detention facilities. The overall area of the subject property is 44.66 acres. The total disturbed area as depicted on the Erosion Control Plan included with the application is 3.835 acres, which represents approximately 8.6% of the subject property. As noted on the Revegetation Plan, included with this application, all areas which are to be disturbed during the construction of the development infrastructure, and which are outside of the asphalt pavement of the development road, are to be revegetated with native grasses in accordance with the revegetation specifications which are provided in the Construction Management Plan. Additionally, the Preliminary Plan Map and the Open Space Plan Map, also included with this application demonstrate that the total area of platted open space within the subject property is proposed to be 35.20 acres, which represents 78.8% of the subject property. Therefore at final buildout of the subdivision, the flora on 78.8% of the subject property will either remain in an undisturbed condition, or in the instance of the storm water detention basin will consist of native grasses following the revegetation of that area upon the completion of the construction. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 6 of 8 Generally, the significant fauna of the area which might be impacted due to the development consist of mule deer, elk, cutthroat trout, bears, mountain lions and many native bird species. With respect to mule deer and elk, as with the disturbance of flora as described above, the potential impacts to the deer and elk will generally result from the areas of development including the private residential lots and the associated roadway. As noted above, the total area of development is relatively limited within the subject property. Furthermore, the existing deer and elk habitat in the area is fairly widespread and this specific project will have insignificant impacts to the overall available habitat. Due to the reasonable distance of this development to Four Mile Creek, impacts to cutthroat trout are considered to be either non-existent or negligible at most. Impacts to bear and mountain lion from the development are not considered to be significant. However potential impacts to the future residents of the development and their pets and children from bears and mountain lions should be understood and ordinary precautions should be taken with respect to outdoor storage of garbage, planting of fruit and nut trees, placement of bird feeders and unaccompanied pets and children playing outdoors. With respect to the impact to native bird populations, future residents of the development should be educated with respect to the following: pet cats should be kept indoors as cats will readily prey upon these species and can have a significant impact on bird use in the area and on bird populations; year round placement of bird feeders are discouraged due to the heavy black bear use in the area; bird feeders can be used in the winter (from mid-November through mid-March), as bears are hibernating during this time; and all bird feeders, including hummingbird feeders, should be hung away from any window or deck, be at least 10’ from the ground, and be suspended between two trees or posts. Any seed feeders should have a seed catchment pan to catch discarded seed. b. Determination of the effect on designated environmental resources, including critical wildlife habitat; RESPONSE: The areas of the property proposed for actual development do not include any areas currently mapped as Concentration Range or Severe Winter Range for either mule deer or elk. Therefore, we do not anticipate any significant effect on these designated environmental resources. We are not aware of any other environmental resources which have been designated in the general area and therefore we do not believe that the proposed development will have any effect on them. c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; RESPONSE: The potential impacts on both wildlife and domestic animals are addressed above in the response to item 4-203(G)6.a. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 7 of 8 d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. RESPONSE: To the best of our knowledge, neither the State nor the County Health Departments have identified any potential radiation hazards on the proposed development site. A Radiation Potential report was prepared for this site in 2007 by HP Geotech, a copy of which is included with this preliminary plan submittal. This report provides the following conclusion with respect to potential radiation hazards: “The project site is not in a geologic setting that would indicate high concentrations of radioactive minerals in the near surface soils and formation rock. However, there is a potential that radon gas could be present in the area. It is difficult to detect radon gas in open areas before buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentrations.” 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. RESPONSE: Other than during the construction of the proposed development, we do not anticipate the generation of even moderate levels of vapor, dust, smoke, noise or vibrations from the proposed development. During construction, any activities which could produce any of the nuisances listed above will be regulated by any existing state or county regulations which are applicable to such nuisances. With respect to impacts from glare, as noted above, the area within the development parcel which is proposed for development is the lowest in elevation within the subject site. As such, with the exception of the immediately adjacent lots within the earlier platted and developed phases of the Oak Meadows Ranch PUD, much of the proposed development will not be visible from most other adjoining properties or from Fourmile Road (County Road 117). Consequently glare produced from any vehicle lights or residential lights will not impact any of those adjacent properties from which the proposed development is not visible. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. RESPONSE: As noted in the Preliminary Construction Management Plan included with this development application, during the construction of the development infrastructure, the hours of operation will be limited to the hours of 7:00 AM to 6:00 PM Monday through Saturday. No construction activities are permitted on Sundays and federally designated holidays. Once the development infrastructure construction is completed the hours of operation will be 24 hours a day, seven days a week as a residential development. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Impact Analysis ‐ LUDC Section 4‐203(G) January 14, 2022 Page 8 of 8 If you have any questions or need additional information, please contact us. Sincerely, Gamba & Associates, Inc. __________________________________ Michael Gamba, P.E. & P.L.S. 28036 H:\03385\2020\Permitting\Amended Preliminary Plan\REPORTS\OMR-F4-Phase 3 - Impact Analysis - 20220114.doc Wildlife Analysis Impact and Mitigation Report for t he Oak Meadows 3rd Filing Residential Development Project Garfield County,Colorado Prepared for: Gamba & Associates September 2007 0222 BOBCAT LANE • R EDSTONE • COLORADO •81623 PHONE/FAX: (970) 963 -2190 • CELL: (970) 3 09 -4454 EMAIL:ERIC .PETTERSON@STARBAND.NET NEPA••WILDLIFE••VEGETATION••WILDFIRE MITIGATION••WETLANDS••PLANNING ROCKY MOUNTAIN ECOLOGICALSERVICES, INC. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.2 1 S UMMARY This Wildlife Assessment Report details the habitats, wildlife use, potential impacts and mitigation measures proposed on the Oak Meadows Subdivision, 3rd Filing (Oak Meadows), adjacent to County Road 117 (Fourmile Road)in Garfield County (see Figure 1). The proponent is proposing the development of the property, placing 25 building envelopes within the 44.67 acre parcel. The applicant is submitting a PUD application for the subdivision of the property. The site is located on the west side of the Fourmile Creek valley, just west of Dry Park. The Oak Meadows subdivision in general lies on the lower east facing slopes of what is Sunlight Peak. Above the subdivision,patchy but dense Gambel’s oak (Quercus gambelii) covers much of the hillside, and eventually grades into aspen (Populus tremuloides) further towards the top of Sunlight Peak. The Oak Meadows 3rd filing site is dominated by a large meadow with high foliar cover of agricultural grasses. These grasses include smooth brome (Bromus anomalus ), orchard grass (Dactylis glomerata), timothy (Phleum pretense), and wheat grasses (Agropyron spp .) among others.Gambel’s oak surrounds the meadow, with oak transitioning to riparian and wetland vegetation associated with Fourmile Creek at the eastern side of the property. The Gambel’s oak stands have a strong component of serviceberry (Amelanchier alnifolia ), with other sub-shrubs such as rose (Rosa woodsii), snowberry (Symphorocarpos rotundifolius), and chokecherry (Prunus virginiana). A wide variety of native forbs and grasses persist in the understory of the oak brush stands, but do not extend much into the agricultural meadows. Noxious weeds in the area were not common, but cheatgrass (Anisantha tectorum) and plumeless thistle (Carduus acanthoides) were detected. Other noxious weeds across the site are likely. The meadows were likely hayed or significantly gr azed historically, associated with the area’s widespread ranching operations. Consultation with Colorado Division of Wildlife staff has not occurred for the preparation of this report. 1.1 EVALUATED S PECIES Information on species status, distribution, and ecology was derived from USFWS recovery plans, Colorado Natural Heritage Program maps and reports, Colorado Division of Wildlife habitat mapping, various scientific studies and reports, and field reviews. The US Fish and Wildlife list of Threatened and En dangered Species was used to determine if any species potentially occurred within or adjacent to the property. Additionally, the Colorado Division of Wildlife’s list of Threatened, Endangered, and Species of Concern was referenced to determine if any species had potential habitat on or adjacent to the property (see: http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/ThreatenedEndangeredList/ListOfThreatenedAn dEndangeredSpecies.htm for the complete CDOW list). Research was conducted by Rocky Mountain Ecological Services to determine relevant habitat associations, life history traits, the rangewide or statewide distribution of known populations, and current status and trends of each species. The Colorado Natural Heritage Program database was consulted to ascertain the existence of known occurrences within the project area.Habitat surveys were conducted in August 2007 by Eric Petterson, Principal Ecologist of Rocky Mountain Ecological Services, Inc. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.3 Species chosen for impacts analysis have high biological, political, and public interest, as well as regulatory guidance issues. Individual wildlife species and groups not specifically mentioned in this assessment are not “insignificant”, they are just not presently at issues because the limited extent of the proposed development would avoid or minimally impact these unmentioned species and their habitats. Species specifically addressed in this report include: o Elk o Mule Deer o Black Bear o Mountain Lion o Colorado River Cutthroat Trout (State Species of Concern) The property does not contain any habitat for Federally Threatened or Endangered species. The Colorado River cutthroat trout (Oncorhynchus clarki pleuriticus)(State Species of Concern) does have suitable habitat in the Roaring Fork River and its tributaries, including Fourmile Creek. The development of the property should not impact the ability of this spec ies to utilize suitable riverine habitats near the project area.