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HomeMy WebLinkAbout1.00 General Application Materials Sunlight Parkway PUD Application December, 2022 Prepared by: DM Neuman Construction and Design Group 310 19th Street Glenwood Springs, CO 81601 Part 1A Application Form Part 1B General Project Description Part 1C Ownership Documents Part 1D Statement of Authority Part 1E Payment Agreement Form Part 1F Pre-Application Conference Summary Part 1G Adjacent Property Owners Part 1H Mineral Owners and Lessees Part 2 Vicinity Map Part 3 Site Plan Part 4 Impact Analysis Part 5 Rezoning Justification Report Part 6 Article 7 Division 1 Response Part 7 Water Supply Part 8 Development Agreement Part 9 Traffic Study Part 10 Floodplain Analysis Part 11 PUD Plan Part 12 Review Criteria Response PART 1A Application Form Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION  Administrative Review  Development in 100-Year Floodplain  Limited Impact Review  Development in 100-Year Floodplain Variance  Major Impact Review  Code Text Amendment  Amendments to an Approved LUCP LIR MIR SUP  Rezoning Zone District PUD PUD Amendment  Minor Temporary Housing Facility  Administrative Interpretation  Vacation of a County Road/Public ROW  Appeal of Administrative Interpretation  Location and Extent Review  Areas and Activities of State Interest  Comprehensive Plan Amendment  Accommodation Pursuant to Fair Housing Act  Pipeline Development  Variance  Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ PART 1B General Project Description Statement of Need - We are submitting an application for change of zoning, from Rural to PUD, for our 8.77-acre property located along 4 Mile Road outside of Glenwood Springs, Colorado. The proposed concept plan, at full build-out, will create 6 two-family residences (duplexes – 1 unit per lot), along with open space and preserved natural vegetation. The comprehensive plan specifically labels this property with a Res H zoning, one of the very few properties in the Glenwood Springs area to be given this designation. The Res H zoning allows for the departure from the 2-acre minimum lot size (under the Rural zone designation), down to a denser concentration of 1/3 acre minimum lot sizes. The average proposed lot size will be approximately .7 acres, which doubles the minimum allowable size per lot under the Res H zoning requirements. The majority of each property will preserve the existing natural vegetation by creating allowable building areas (building envelope) in the vegetation-free zone at the base of the property. The visual impact of this development will be minimized by creating 6 duplexes, as opposed to 12 single- family houses. The duplexes will straddle every-other property line, which will effectively create a large open space between structures. Rear-yard set-backs will be 50 feet from 4 Mile Road so that a natural green-belt can be preserved between the road and new structures. Timeline for Development - Upon official approval of this application, planning towards construction on this property will begin. Project Size (acreage) – With the overall lot size of 8.77 acres, approximately 2.5 acres will be directly impacted with construction. The remaining 6.27 acres are either outside of buildable setback lines or on undevelopable portions of the site (steep slopes). Size of Proposed Structures - We are proposing two-level structures through-out the project. Below is an approximate breakdown of size and height: Two-level duplex  Area: 2,400 SF of livable space  Garage: 1 or 1.5 car  Height: 25 Feet (per Garfield County definition of Building Height) Parking Lots - No parking lots will be incorporated into this project. All required parking (per Garfield County LUDC) for residential units will be off-street. Streets will be designed/sized to accommodate on- street parking for additional vehicles that go above and beyond County parking requirements. Access Roadways - All access roadways will be designed per Table 7-107 (Roadway Standards) … based on the number of residential units and calculated Design Capacity (ADT). PART 1C Ownership Documents Land Title Guarantee Company Date:June 21, 2017 JASON NEUMAN PO BOX 2317 GLENWOOD SPRINGS, CO 81601 jmn@dmneuman.com Subject: Attached Title Policy OX63011892.2352156 for TBD COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 303-850-4158 or Email Address: finals@ltgc.com As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 612) 371-1111 Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, Jr., President Mark Bilbrey, President Rande Yeager, Secretary Copyright 2006-2015 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 ao.06.policy.pg1.ort.odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "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, avenue, 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 insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. 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 Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policy.cover.odt Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: GW 63011892 Policy Number: OX63011892.2352156 Amount: $262,500.00 Property Address: TBD COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 1. Policy Date: May 23, 2017 at 5:00 P.M. 2. Name of Insured: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Policy is described as follows: SUNLIGHT PARKWAY 2ND AMENDED PLAT OF SUNLIGHT PARKWAY ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 1, 2014 AS RECEPTION NO. 856617. COUNTY OF GARFIELD STATE OF COLORADO This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 7) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 8) UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DAN C. WADSWORTH AND MARGARET WADSWORTH IN THE DEED TO J. HILTON WIX RECORDED JULY 27, 1948, IN BOOK 238 AT PAGE 83 AS RECEPTION NO. 165521, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 9) UNDIVIDED ONE-FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY J. HILTON WIX IN THE DEED TO OSCAR MATTHEWS AND BETTY MATTHEWS RECORDED SEPTEMBER 17, 1955, IN BOOK 287 AT PAGE 374 AS RECEPTION NO. 191425, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 10) UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RAYMOND SMALTZ IN THE DEED TO JOHN P. BERSHENYI AND CAROL A. BERSHENYI RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE 546, AND ANY AND ALL ASSIGNMENTS THEREOF. (AFFECTS PARCEL A). 11) EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 20, 1959 IN BOOK 321 AT PAGE 126. 12) RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1974, IN BOOK 466 AT PAGE 556. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 13) RIGHT OF WAY AND EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED JUNE 27, 1988 IN BOOK 736 AT PAGE 624. 14) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 UNDER RECEPTION NO. 477155. 15) EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 AS RECEPTION NO. 477155 AND ON 1ST AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED JULY 28, 2000 AS RECEPTION NO. 566968, AND 2ND AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED DECEMBER 1, 2014 UNDER RECEPTION NO. 856617. 16) TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 10, 2014 AT RECEPTION NO. 856967. 17) EASEMENTS RIGHTS OF WAY FOR COUNTY ROAD 117. 18) MATTERS DISCLOSED ON ILC ISSUED BY SGM, CERTIFIED MAY 18, 2017, INCLUDING BUT LIMITED TO UNRECORDED UTILITY EASEMENT. SAID DOCUMENTS STORED AS OUR ESI 32959714 AND 32966339. PART 1D Statement of Authority STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ____________________________________, a _____________________________ (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the “Entity”), and states as follows: The name of the Entity is ________________________________________________________________, and is formed under the laws of __________________________________________________________. The mailing address for the Entity is _______________________________________________________ ____________________________________________________________________________________. The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is _______________________________ ____________________________________________________________________________________. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert “None”): _______________________________ ____________________________________________________________________________________. Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): __________________________________________________ ____________________________________________________________________________________. EXECUTED this ______ day of _________________________, 20______. Signature: ______________________________________ Name (printed): __________________________________ Title (if any): _____________________________________ STATE OF __________________) )SS. COUNTY OF __________________) The foregoing instrument was acknowledged before me this _____ day of _________________, 20____ by ___________________________________, on behalf of __________________________________, a ____________________________________. Witness my hand and official seal. My commission expires: _______________ _____________________ (Date) (Notary Public) [SEAL] PART 1E Payment Agreement PART 1F Pre-Application Conference Summary 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY DATE: Original Pre-App, September 17, 2019 – Updated 12/20/22 TAX PARCEL NUMBER: 2185-343-00-028 PROJECT: Sunlight Parkway Planned Unit Development (PUD) OWNER: Sunlight Parkway LLC REPRESENTATIVE: Jason Neuman, Owner/Developer Rich Carter, Planner/Architect PRACTICAL LOCATION: Access off of County Road 117 – approximately 1.4 miles south of the City of Glenwood Springs ZONING: Proposed – PUD Existing – Rural (R) COMPREHENSIVE PLAN: Residential High (1/3 – 2 Acres per Dwelling Unit) I. GENERAL PROJECT DESCRIPTION The applicant would like PUD zoning for a property that was recently created through the Minor Subdivision process. The current proposal is to create 12 lots on the 8.7 acre parcel. Each lot would include one unit configured as ½ of Duplex with a common wall/zero lot line with the other ½ of the Duplex on the adjoining lot. Townhouse type construction and platting is proposed. The PUD Documentation will need to fully address the duplex and common wall configuration and minimum lot sizes. A preliminary Site Analysis – Lot layout is attached. The property is located in a reclaimed wastewater treatment facility area. Additionally, there are significant slopes on the eastern portion of the property and adjacent to County Road 117 on the west side of the property. 2 The property is currently accessed off of County Road 117 with a cul-de-sac configuration for the internal circulation. The point of access and potential minor refinements to the access road alignment were discussed and would be coordinated with the County Road and Bridge Department. Additionally, the applicant will need to provide a traffic study as required. This traffic study should address all the requirements for a basic study as well as Section 4-203 (L)(3)(c). The applicant should provide will serve letters from the central service provider for both water and wastewater. Additional topics covered at the Pre-Application meeting included: • Designation of building envelopes outside of areas with steep slope and/or addressing this issue in the PUD Guide • Thorough review of internal roadway standards and off-site Traffic Study Impacts • PUD Guidelines that address the zero-lot line Duplex form of development including foundation surveys to ensure proper placement on the lots at time of building permit • Drainage consideration and future establishment of easements • Compatibility with surrounding single family residential developments II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended • Section 6-101 General Provisions • Section 6-202 PUD Zoning o Article 7, Division 1, 2, and 3 (excluding 7-101), including Section 4-203(M) (Water Supply) o Section 4-113(C) (Rezoning) • Table 6-201 Common Review Procedures and Required Notice • Table 6-301 Application Submittal Requirements • Section 6-302 Description of Submittal Requirements • Section 6-401 Development Standards • Applicable provisions from Article 7, Standards as noted above 3 III. PROCESS As a new PUD, the application will be required to be heard in a public hearing with the Planning Commission and the Board of County Commissioners. While the Planning Commission is a recommending body to the Board, the Board of County Commissioners will make the final determination of approval, denial, or approval with conditions. Notice for both the Planning Commission and the Board of County Commissioner is a minimum of 30 days prior to the hearing date. Notice must be sent to adjacent property owners, m ineral owners, the property must be posted, and published in the Rifle Citizen Telegram. All property owners within the PUD should also be sent notice. For details on the process, please see the relevant code sections identified within Table 6-201. A flow chart of the process has also been attached for reference. 4 IV. SUBMITTAL REQUIREMENTS As a new PUD, Table 6-301 outlines the submittal requirements. In addition, the application will need to include documentation to address all required review criteria and development standards. Please refer directly to Table 6-301 and Section 6-302 Description of Submittal Requirements along with the list of General Application Materials in section 4-203 for the full description of submittals. ▪ General Application Materials (4-203.B) o Application Form (property owner must be applicant) o General project description o Ownership Documentation – Deed and Title Commitment o Statement of Authority or Letter of Authorization, as necessary o Fee Payment and Payment Agreement Form o Pre-Application Conference Summary o Names and addresses of all property owners and mineral owners of record within the PUD. ▪ Vicinity Map (4-203.C) ▪ Site Plan (4-203.D) ▪ Impact Analysis (4-203G) ▪ Rezoning Justification Report (4-203.H) ▪ Development Agreement (4-203. J) - Draft ▪ Traffic Study (4-203.L) Note: The applicant should address the basic traffic study requirements and also Section 4-203(L)(3)(c) of the detailed traffic study. 5 ▪ Floodplain Analysis (4-203.O) ▪ PUD Plan (6-302.A) – See details of submittal requirements for both PUD Map and PUD Guide ▪ Please respond directly to the Review Criteria listed in Section 6-202.C and as excerpted below. ▪ Responses to Article 7 Standards to include Division 1 (Excluding Section 7-101) and Divisions 2 and 3. Sections that may not be applicable can be noted in the submittals. An application for PUD Zoning shall meet the following criteria: 1. Purpose and Applicability. The PUD meets the purpose and applicability of this Code, as provided in section 6-101.A. and B. 2. Development Standards. The PUD meets the Development Standards as provided in section 6-401. 3. Standards, Article 7. The PUD meets the standards within Article 7, Division 1, excluding 7 - 101. (See reference to Section 4-203.M regarding Water Supply in Section 7-104) 4. Rezoning Criteria. The PUD meets the Rezoning Review Criteria in section 4-113.C. 5. Established Zoning Standards. The PUD Plan adequately establishes uses and standards governing the development, density, and intensity of land use by means of dimensional or other standards. Submit three paper copies and one digital copy of the application. Additional copies will be requested upon determination of completeness, if necessary. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ___None (Director’s Decision) _X_Planning Commission _X_ Board of County Commissioners __ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge, Fire Protection District, City of Glenwood Springs, Garfield County Vegetation Management, and Garfield County Designated Engineer. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 500.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees 6 c. Total Deposit: $ 500.00 (additional hours are billed at $40.50 /hour) Disclaimer The pre-application meeting summary is only valid for six (6) months from the date of the written summary. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The applicant should note that any material submitted to the County is public and will be available for review as part of the application. Pre-application Summary Prepared by: Updated 12/20/22 __________________________________________ _____________ Glenn Hartmann, Principal Planner Date 7 8 9 10 PART 1G Adjacent Property Owners PART 1H Mineral Owners and Lessees Mr. Hartmann – With the help of Beverly Eberle (Garfield County Recording Clerk) we were able to research the current owners of Mineral Interests for this given property. As a result of our research, I have attached to this memo two packets of information (since this property used to be part of a larger piece of property prior to it being split into separate properties). These two packets represent a complete history of how this property was passed on from one owner to the next. Also attached is Schedule B of the Title commitment so that you can reference who the mineral rights owners are (items 8-10). Schedule B on the Title Commitment refers to 3 mineral rights owners (these can be found on items 8, 9 and 10). Here is how you can link this information to the two attached packets: • Item 8 (on Schedule B) references Reception Number 165521… this can be found in attached Packet 1 • Item 9 (on Schedule B) references Reception Number 191425… this can be found in attached Packet 1 • Item 10 (on Schedule B) references Book 260 at Page 546… this can be found in Packet 2 (Reception Number 177555) Below is the process (based on the County Attorney’s Office Memo regarding Mineral Interest Research) on how we were able to obtain this information… please feel free to contact me if you have any further questions. Thanks Richard Carter Item 1 Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. Response: Schedule B (items 8-10) of the current Title Commitment, gave us a starting point for researching current mineral owners. From here we were able to backtrack and then confirm the owners through researching past property owners… below is a summary of our research. Item 2 Review your title insurance policy. Are there exceptions to title listed under Schedule B-II? If so, review for mineral interests that were reserved and oil and gas leases. Response: Mineral Interests indicated on Schedule B of the current Title Commitment matches our research (refer to response of Item 8 Below). Item 3 Check with the Assessor’s office to determine if a mineral interest has been reserved from the subject property. The Assessor’s office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor’s office so this may not provide any information, depending on your property. Response: There was no information at the Assessor’s Office, so they referred us to the Recording Clerks office to continue our research. Item 4 Research the legal description of the subject property with the Clerk and Recorder’s computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. Response: With the assistance of Beverly Eberle (Recording Clerk) we were able to research the subject property. Item 5 Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder’s computer, search under Filter (on the right-hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. Response: For this particular property, there was no Notice of Mineral Estate Ownership filed. Item 6 If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor’s records or the Clerk and Recorder’s computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder’s office. Response: With the help of Beverly Eberly, we were able to find the Mineral Reservation Owners on the deeds and then were able to move our research forward to the current ownership. From the original owners to the current property owners, we were able to determine that the mineral rights were never transferred. Item 7 Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder’s computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. Response: Our research indicated that the original mineral interests were never transferred. Item 8 Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Response: We searched from current property owners back to the individuals that have the minerals reserved. Our research indicates (and matches the names found on Schedule B of the current Title Commitment) that the following individuals have mineral ownership to this property: • Dan C Wadsworth and Margaret Wadsworth own ½ Mineral Interests as per deed dated July 22, 1948 (Reception No. 165521).. Refer to attached document. Current mailing address is as follows: 807 Landing Way Centrali, WA 98531 • J. Hilton Wix owns ¼ Mineral Interest as per deed dated April 8, 1955 (Reception No. 191425). No address is given on deed. Refer to attached document. • Raymond Smaltz owns ¼ Mineral Interest as per deed dated July 28, 1951 (Reception No. 177555). No address is given on deed. Refer to attached document. CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. _____________________________________________ _________________________________ Applicant’s Signature Date PART 2 Vicinity Map PART 3 Site Plan 4 Mile RoadNorthUtility Easement (30' wide)ROW centerline (50')waterelecUtility Easement (15' wide)rear yard setback (125')Steep Grade BeyondSteep Grade BeyondSteep Grade BeyondProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineUtility Easement (15' wide)Utility Easement (7.5' wide)stopsignstreetname signno outletsignmonumentsignUtility Easement (30' wide)Lot 1(.46 acres)20,103 SFLot 2(.38 acres)16,605 SFLot 3(.4 acres)17,362 SFLot 4(.4 acres)17,558 SFLot 5(.48 acres)20,721 SFLot 6(.59 acres)25,558 SFLot 7(.75 acres)32,835 SFLot 8(.87 acres)37,825 SFLot 9(.56 acres)24,354 SFLot 10(.68 acres)29,669 SFLot 11(.72 acres)31,260 SFLot 12(1.86 acres)81,026 SFProperty Line Property Line Property Line Property Line Property LineProperty LineP rop e rty LineProperty LineProperty LineProperty LineProperty LineProperty LineZone District: RuralComp Plan 2030 Zone District: Residential HighROW (50')ROW (50')HOA(.12 acres)4,637 SFrear yard setback (125')side yard setback (10') side yard setback (10')side yard setback (10')front yard setback (25')front yard setback (25')rear yard setback (125')rear yard setback (125')side yard setback (10')side yard setback (10')rear yard setback (125')rear yard setback (125')Steep Grade Beyondrear yard setback (50')front yard setback (25')side yard setback (10')side yard setback (10')front yardsetback (25')fr o n t y a r dsetback (2 5 ')front yardsetback (25')rear yard setback (50')rear yard setback (50')side yard setback (10')front yardsetback (20')front yardsetback (20')side yard setback (10')front yard setback (20')front yard setback (20')side yard setback (10')rear yard setback (50')rear yard setback (50')front yard setback (20')front yard setback (20')rear yard setback (50')rear yard setback (50')property lineproperty linep r o p e r t yline Property LineProperty LineProperty LineProperty Line1122Building EnvelopeOpen Space/Natural Barrier3.9 Acres (44% of total property size)Size: 8.765 Acressnow storage easem ent (30')snow storage easement (30')Snow Storage Easementside yard setback (10')SCALE: 1/64" = 1'-0"Site Plan 4 Mile RoadSteep Grade BeyondSteep Grade BeyondSteep Grade BeyondProperty LineProperty LineProperty LineSteep SlopeHeavy VegetationLow SlopeProperty LineProperty LineProperty LineProperty LineNorthSCALE: 1/64" = 1'-0"Site Analysis 4 Mile Road (CR 117)New StreetDriveway2 Level DuplexSingle Level Duplex4 Mile Road (CR 117)Driveway2 Level DuplexSingle Level DuplexNew StreetNew StreetLot # AcreageLand Use Density1 .46Residential Single Family2 .38Residential Single Family3 .4Residential Single Family4 .4Residential Single Family5 .48Residential Single Family6 .59Residential Single Family7 .75Residential Single Family8 .87Residential Single Family9 .56Residential Single Family10 .68Residential Single Family11 .72Residential Single Family12 1.86Residential Single FamilyName TypeWidth LengthNeuman Way Rural Access 50' 574'Right of Way SummaryLand Use SummaryBuildable AreaSurfaceAsphalt20,103 SF/.46 Acres16,605 SF/.38 Acres17,362 SF/.4 Acres17,558 SF/.4 Acres20,721 SF/.48 Acres25,558 SF/.59 Acres32,835 SF/.75 Acres37,825 SF/.87 Acres24,354 SF/.56 Acres29,669 SF/.68 Acres31,260 SF/.72 Acres81,026 SF/1.86 AcresSetbacksFront SideRear10' / Note #1 50'50'50'50'50'50'50'/125'125'125'125'125'125'HOA .12HOA Maintained--4,637 SF/.12 Acres20'25'Note #1: Zero side-yard setback at common wall locations as indicated on map20'20'20'20'20'25'25'25'25'25'10' / Note #110' / Note #110' / Note #110' / Note #110' / Note #110' / Note #110' / Note #110' / Note #110' / Note #110' / Note #110' / Note #1-SCALE: 1/64" = 1'-0"Site Section 1SCALE: 1/64" = 1'-0"Site Section 2 PART 4 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: Item 1: Adjacent Land Use Existing land uses adjacent to our PUD are all zoned as Rural, and mainly occupied by single family residences. Current property sizes around this proposed PUD (within ½ a mile) range from .8 acre lots to 3.3 acre lots. The average size of the proposed lots for this PUD is approximately .73 acres. Factoring-in that the proposed structures will be duplexes, there will be 1 structure per 2 lots… which is essentially 1 structure per 1.46 acres. The visual impact of structures vs. land on this PUD will be comparable and consistent to existing properties along this section of 4 Mile Road. Item 2: Site Features The existing 8.77 acre property can be broken-down into 3 different area. The densely vegetated 1 acre strip of land, including tall trees and thick shrubs, paralleling 4 Mile Road will remain and serve as a buffer between new development and the existing County Road and adjacent properties. The center of this property (roughly 4.1 acres), which is relatively flat and free of significant vegetation, will serve as the area mainly effected by development… which will include a new street and 6 new structures. The heavily vegetated 3.6 acre area beyond the developable area, will remain untouched due to the steep slope of the existing grade. Item 3: Soil Characteristics The existing soil, at the area to be developed, is in large part imported fill, while the remainder of the property is natural and undisturbed. Prior to the construction of any structure, soils engineers will properly analyze and test the existing soils conditions so that they can give recommendations as how to best build on the site. Item 4: Geology and Hazards Per a letter dated 1/28/2019 from Kevin McCoy (Engineering Geologist with the Colorado Geological Society), in reference to this property, Mr. McCoy states: ‘The subject parcel is located at the toe of a steep rocky slope. Mapped colluvium and debris flow deposits (Kirkham et al., 2014; CGS OF-14-14) indicate the potential for rockfall and/or debris flows; these deposits may also be subject to collapse/hydro-compaction. Additionally, the parcel is located within the Carbondale Collapse Center, an area that is subject to evaporite-related sinkholes. These hazards should be manageable if properly evaluated and designed for. The CGS recommends that geotechnical and/or geologic hazards investigations for future development at the parcel include (but not be limited to) evaluation of these anticipated hazards.’ All future improvements to the lots will be implemented, per the Colorado Geological Society’s Review, in order to meet county requirements. Item 5: Groundwater and Aquifer Recharge Areas Soils report is attached Item 6: Environmental Impacts The major portion of construction and development will occur at the center of the property which is currently void of vegetation. The large areas of dense vegetation (east and west sides of the property) will remain unchanged and unaffected by development of this property… allowing existing open space, and wildlife habitat to remain as-is on this property Item 7: Nuisance The proposed development will have no out-of-the-ordinary impacts to the neighboring properties as it relates to generated noise, vapors, dust, smoke… The proposed use, and density of the use, will be very comparable to other residential developments up and down the 4 Mile corridor. Item 8: Hours of Operation The proposed development will be residential use, no commercial operations will be part of this application. PART 5 Rezoning Justification Report The application for rezoning shall demonstrate that the following criteria has been met: Item 1: The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. Desirability for people to live here depends on the sense of community that is created. We feel that deviating from the county’s zoning regulations would tear the fabric of what make a small community a successful community, therefore we feel that creating the consistency of residential only lots will enhance and encourage the overall success of this project. Item 2: The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. We don’t feel that the right direction for this project is to maximize the amount of allowable lots on this developable property, this wouldn’t be smart or responsible development for this area, as it relates to this existing rural, residential corridor. We instead propose to double the minimum allowable lot size, (to an average of .7 acres per lot) to minimize the visual impact of development along this section of 4 Mile Road. By dividing this property into larger than minimum allowable sizes, and by maintaining the open space between and around structures, we feel this will preserve the rural character and feel that already exist along the 4 Mile Road corridor. Item 3: The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing. Our community has consistently supported the need for smart, responsible and efficient housing growth. We believe our proposal will help our community meet this need. One could capitalize by creating a dense development of small homes on minimum allowable lot sizes, but we don’t feel that this is responsible growth for this corridor. We feel that our six buildings on 8.77 acres is a good balance to meet the housing need while blending in to the surrounding community. If approved, this PUD will locate new housing near existing infrastructures, jobs and amenities so that families can live, work and play in their community. Item 4: The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. The comprehensive plan specifically labels this property with as Residential High (Res H) zoning, one of the very few properties in the Glenwood Springs area to be given this designation. The Res H zoning allows for the departure from the 2-acre minimum lot size (under the Rural zone designation), down to a denser concentration of 1/3 acre minimum lot sizes. The average proposed lot size will be approximately .7 acres, which doubles the minimum allowable size per lot under the Res H zoning requirements. The majority of each property will preserve the existing natural vegetation by creating allowable building areas (building envelope) in the vegetation-free zone at the base of the property. The visual impact of this development will be minimized by creating 6 duplexes, as opposed to 12 single- family houses. The duplexes will straddle every-other property line, which will effectively create a large open space between structures. Rear-yard set-backs will be 50 feet from 4 Mile Road so that a natural green-belt can be preserved between the road and new structures. This proposed rezoning would align with the visions and goals of the Garfield County Comprehensive Plan by:  Taking advantage of the unique Res H designation this property has been given.  Providing the consumer with a highly efficient, and more attainable product.  Providing a diverse stock of available housing options for a variety of income levels.  Locate new housing near existing infrastructures and amenities so that families can live, work and play in their community.  Providing more affordable housing options closer to where the jobs are located.  Decrease longer commute times and traffic congestion by creating housing closer to the work. PART 6 Article 7 Standards PART 6 DEMONSTRATE COMPLIANCE with ARTICLE 7: STANDARDS DIVISION 1: GENERAL APPROVAL STANDARDS Section 7-102 The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement The comprehensive plan specifically labels this property with a Residential High (Res H) zoning, one of the very few properties in the Glenwood Springs area to be given this designation. The Res H zoning allows for the departure from the 2-acre minimum lot size (under the Rural zone designation), down to a denser concentration of 1/3 acre minimum lot sizes. Our average proposed lot size will be approximately .7 acres, which doubles the minimum allowable size per lot under the Res H zoning requirements. The majority of each property will preserve the existing natural vegetation by creating allowable building areas (building envelope) in the vegetation-free zone at the base of the property. The visual impact of this development will be minimized by creating 6 duplexes, as opposed to 12 single-family houses. The duplexes will straddle every-other property line, which will effectively create a large open space between structures. Rear-yard set-backs will be 50 feet from 4 Mile Road so that a natural green-belt can be preserved between the road and new structures. Our proposal will take a responsible approach to helping solve the need for smart, responsible and efficient housing growth in our community. We are opposed to maximizing the allowable density of this property, and have instead chosen to take a more responsible approach be creating a more harmonious plan that fits the existing fabric of the 4 Mile Corridor. We feel that our six buildings on 8.77 acres is a good balance to meet the housing need while blending-in to the surrounding community. Section 7-103 The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. Current property sizes around this proposed PUD (within ½ a mile) range from .8 acre lots to 3.3 acre lots. The average size of the proposed lots for this PUD is approximately .7 acres. Factoring-in that the proposed structures will be duplexes, there will be 1 structure per 2 lots… which is essentially 1 structure per 1.4 acres. The visual impact of structures vs. land on this PUD will be comparable and consistent to existing properties along this section of 4 Mile Road. Section 7-104 All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Water is currently available on the site (refer to the Site Plan for location). Will Serve letter for water is attached to this application. Section 7-105 The land use shall be served by a water distribution system that is adequate to serve the proposed use and density Water and sewer are currently available on the site (refer to the Site Plan for locations). Will Serve letters for water and sewer are included in this application. Section 7-106A Adequate Public Utilities Public utilities are currently located on the property. Section 7-106B Approval of Utility Easements by Utility Company All utility easements are currently located on the site plan and no future easements are anticipated. Section 7-106C Utility Locations At the time of making improvements to the property, all portions of this section will be followed so that we are in compliance with the Garfield County LUDC Section 7-107 Access Roadways. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer Section 7-107A Access to Public Right-of-Way Access to this property will be used through the existing access point along 4-Mile Road. Section 7-107B Safe Access The existing access point will be cleaned-up and re-aligned so that a perpendicular approach, with adequate sight lines for vehicles to safely enter and exit the property, can be maintained. All roads will be designed by a licensed engineer and submitted for approval prior to any construction. Section 7-107C Adequate Capacity The street that runs through the property will be designed per the Roadway Standards in Table 7-107 of the Garfield County LUDC. The roadway type will be based on the anticipated amount of day trips for the proposed development build-out. Section 7-107D Roadway Dedications Per this section, the right-of-way running through the property will be dedicated to the public and so designated on the final plot. Section 7-107E Impacts Mitigated All roadway improvement and impact fees will be paid in full at time of construction. Section 7-107F Design Standards Per the Roadway Standards (Table 7-107) and the anticipated capacity of the proposed PUD, the street running through the property will be designed as a Rural Access Road.  There will be a single street running through the property, no intersections will be needed.  The street running through the property has not been named at this point.  With only 12 lots, congestion is not an anticipated issue at full build-out of this property.  The street running through the property will be free of any potential safety hazards. All driveway access points will be located so that there are no blind-spots or other visual barriers. Landscaping will be setback beyond the ROW so that proper sightlines along the street and driveways are maintained.  The street running through the property will be designed as a dead-end street with a cul-de-sac on the end. The total length of the dead-end street is 550’ (county allows for up to 600’) with a 45’ radius cul-de-sac located at the end.  The proposed street location runs through the flat portion of the site, with no topographical hazards or natural features (creeks, wooded areas, steep grades…) that need to be avoided.  Erosion control and proper drainage will be incorporated into the design of the street running through the property.  The design of the street and the cul-de-sac will be by a licensed engineer and per county and city fire requirements so that emergency access can safely flow through the property. All street lighting, traffic control systems, drainage structures and roadside ditches will be designed per the requirements and standards of the County Road and Bridge Department. Section 7-108 Use of Land Subject to Natural Hazards Per a letter dated 1/28/2019 from Kevin McCoy (Engineering Geologist with the Colorado Geological Society), in reference to this property, Mr. McCoy states: ‘The subject parcel is located at the toe of a steep rocky slope. Mapped colluvium and debris flow deposits (Kirkham et al., 2014; CGS OF-14-14) indicate the potential for rockfall and/or debris flows; these deposits may also be subject to collapse/hydrocompaction. Additionally, the parcel is located within the Carbondale Collapse Center, an area that is subject to evaporite-related sinkholes. These hazards should be manageable if properly evaluated and designed for. The CGS recommends that geotechnical and/or geologic hazards investigations for future development at the parcel include (but not be limited to) evaluation of these anticipated hazards.’ All future improvements, at the area of concern, to the lots will be implemented, per the Colorado Geological Society’s Review, in order to meet county requirements. Section 7-109 Fire Protection Per the counties Wildland Fire Susceptibility Index, this property is located in a high danger area. When the property is developed, they proper steps will be taken in conjunction with the local fire protection districts to ensure that safety requirements are met (with adequate fire access, fire lanes, water source, fire hydrants and maintenance provisions). DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7-201 Agricultural Lands This property is bordered by 4 other properties and one public right-of-way (4 Mile Road). Of the 4 bordering properties, 3 are residential uses, while the other (to the east) is listed as vacant land. No agricultural lands share a common property line with this piece of property. Section 7-202 Wildlife Habitat Areas Roughly 3.9 acres of this property (44% of the total size) will be undisturbed, so that to provide open space, preserved vegetation and a natural barrier between the proposed development and bordering properties. This 3.9 acres of land is continuous in nature; it is not broken-up into multiple pieces. This large area of native vegetation will provide wildlife with the majority of the existing heavily vegetated features on the property to be preserved and undisturbed... allowing existing wildlife habitat to remain as-is on this property. Section 7-203 Protection of Waterbodies There are no reservoirs, lakes, ponds, wetlands, rivers, streams or other geological features, on this property, that move water from one place to another Section 7-204 Drainage and Erosion Prior to improvements being made to the property, site design, grading, erosion control, storm water run-off & detention, placement of culverts and drainage pipes, and all other required site development engineering will be designed by a licensed engineer and be subject to approvals through Garfield County and the State of Colorado prior to construction. Section 7-205 Environmental Quality All regulations and design requirements will be implemented, as required by the Colorado Air Pollution Control Division, to ensure acceptable air quality levels. All hazardous materials will be stored and used in compliance with applicable State and Federal hazardous materials regulations. Section 7-206 Wildfire Hazards As outlined in Part 6 of this application...Per the counties Wildland Fire Susceptibility Index, this property is located in a high danger area. When the property is developed, the proper steps will be taken in conjunction with the local fire protection districts to ensure that safety requirements are met (with adequate fire access, fire lanes, water source, fire hydrants and maintenance provisions). All local restrictions and design requirements will be implemented so that the proposed development won't increase potential wildfire hazards. Section 7-207 Natural and Geological Hazards All county and state requirements and regulations, as they relate to natural and geological hazards, will be met with design documents prepared by qualified and licensed engineers. These hazards include, but are not limited to, above ground utilities, development located within avalanche, rockslide and landslide areas, alluvial fan areas, expansive soils and rocks, mudflow areas or developments over faults will all be properly address prior to improvements. Section 7-208 Reclamation In order to maintain and minimize negative visual impacts, all disturbed areas will be reclaimed so to blend back in with natural appearing landforms. All disturbed areas will be stabilized with vegetation or other means to reduce soil erosion from wind or water. Proper grading and revegetation practices, along with weed management, application of top soil, the used of retaining walls to reduce steep slopes, removal of debris around the property will be maintained at each property. Some of these requirements are also outlined in the PUD Guide for this proposed development. DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS Section 7-301 Compatible Design The proposed site has been organized so that natural features such as the heavily vegetated areas and the steep grades will not be disturbed. The dense natural vegetation will screen this proposed development from surrounding existing developments and properties as well as to maintain the existing wildlife habitat. The unvegetated, relatively flat center portion of the property will be used for development of utilities, structures and a single road. The historic entry to the property (from 4-Mile Road), will be maintained and improved, to increase safety to and from the development. This property will serve as a residential neighborhood when complete... so no nuisances generated by commercial businesses, such as dust, gas, fumes, glare... are anticipated above and beyond what you would expect at a typical residential neighborhood. The proposed residential development will be no different than the surrounding properties, so no buffering to separate different zone districts will be necessary. All development for the properties will be subject to comply with the standards set within the Sunlight Parkway PUD Guide (part 11 of this submittal). Acceptable building materials and colors have been laid-out, so that the fabric of this new development will blend-in with the existing neighboring properties, as well as the natural surroundings found along the 4-Mile Road corridor. Section 7-302 Off-Street Parking and Loading Standards As indicated in Table 7-302.A (Minimum Off-Street Parking Standards By Use), 2 spaces for each residential unit will be provided for parking (garage and driveway). Section 7-303 Landscape Standards All landscaping requirements for the properties will be subject to comply with the standards set within the Sunlight Parkway PUD Guide (part 11 of this submittal). Acceptable planting materials shall be consistent with the existing neighboring properties, and natural surroundings found along the 4-Mile Road corridor. All disturbed pieces of land will be reclaimed per earlier response to Section 7-208 (Reclamation). Native and compatible planting materials that are suitable with the local soils and climate, as well as drought resistant planting materials will be encouraged for use as landscaping materials. Minimum planting sizes are also outlined in the PUD Guide, that are consistent with the county requirements outlined in this section. Placement of trees and shrubs will be encouraged to be done in clumps, to create a more natural integration with the surrounding natural environment. Placement of landscaping will also be mindful to vehicular safety... such as plantings located at intersections and driveway access to individual properties. All safety regulations spelled-out in Section 7-303 (I) will be required. Section 7-304 Lighting Standards In order to eliminate over lighting and light pollution, and maintain the existing dark sky standards up and down the 4-Mile Road corridor, all requirements laid-out in Section 7-304 will be maintained and enforced (downcast, shielded, hazardous, flashing and height limits). Further requirements for lighting can be found in the Sunlight Parkway PUD Guide (part 11 of this submittal). Section 7-305 Snow Storage Standards Snow storage location, between Lots 4 & 5, will be per the Site Plan (part 3 of this submittal). A 30' wide easement will be created between the two properties to allow for storage. The location for this is based on existing grades that will take the melted snow to the existing drainage ditch located on the west side of the property Section 7-306 Trail and Walkway Standards A 50' Right-of-way as part of the road design that goes through the property. If needed in the future, a sidewalk can be added along side the road to provide residents a maintained path to 4-Mile Road. There will be no dedicated trail systems through the property. PART 7 Water Supply The application for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve this use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Existing (on-site) water and sewer systems will be extended through the property (below the street) and distributed to each residence for single family use. Refer to the included Will Serve letters in Section 6 of this submittal. PART 8 Development Agreement SUNLIGHT PARKWAY, LLC 310 19th STREET P.O. BOX 2317 GLENWOOD SPRINGS, COLORADO 81602 Garfield County Community Development Department Attn: Patrick Waller 108 8th Street, Suite 401 Glenwood Springs, Colorado 81602 Re: Duration of Approval - Sunlight Parkway PUD Mr. Waller: Pursuant to Section 6-202.B.2.a., Applicant must begin development of the PUD within one (1) year from the date of approval unless the BOCC approves a different development schedule. As you know, the previous plan for the Property was met with unexpected resistance. Accordingly, Applicant does not wish to incur the additional costs associated with obtaining Preliminary Plat and Final Plat approval until approval of the proposed PUD Plan has been obtained. Applicant would also like to spread out the costs associated with this development to make development more economically feasible. In accordance with the foregoing, Applicant is requesting that the duration for any approval of PUD Zoning pursuant to this Application be extended to three (3) years from the date of such approval. This would allow sufficient time for the Applicant to pursue and obtain the necessary Preliminary Plat and Final Plat approvals with the County and would significantly ease the financial burdens of development. Very truly yours, JASON NEUMAN DEVELOPMENT AGREEMENT SUNLIGHT PARKWAY PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into by and between SUNLIGHT PARKWAY, LLC, a Colorado limited liability company (“Developer”) and the COUNTY OF GARFIELD, COLORADO (the “County”). RECITALS WHEREAS, Developer is the owner of the following described real property, situate in the County of Garfield, State of Colorado, to-wit: Lot 2, Sunlight Parkway Minor Subdivision According to the Plat thereof recorded August 12, 2019 as Reception No. 924048 of the Garfield County, Colorado records. (the “Property”) WHEREAS, on ______________, 2020, pursuant to Resolution No. 2020-________, recorded as Reception No. ______________ of the Garfield County, Colorado records, the County approved the Sunlight Parkway Planned Unit Development (the “Sunlight Parkway PUD”); and WHEREAS, on _______________, 20__, the Final Plat for the Sunlight Parkway PUD was recorded as Reception No. ___________ of the Garfield County, Colorado records (the “Final Plat”); and WHEREAS, pursuant to Section 4-203.J of the Garfield County Land Use and Development Code (the “Code”) the purpose of this Development Agreement is to set forth the parties agreement regarding phasing and establishing the duration of vested property rights for the Property. AGREEMENT NOW THEREFORE, for and in consideration of the foregoing and the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the County and Developer agree as follows: 1. Incorporation of Recitals. The parties agree that the above recitals are true and correct and are hereby incorporated into this Agreement as if fully set forth herein. 2. Phasing. Any and all infrastructure and subdivision improvements shall be constructed and installed in one (1) phase, in accordance with the PUD and Final Plat approvals for the Sunlight Parkway PUD. 3. Site Specific Development Plan. The Final Plat constitutes a “Site Specific Development Plan” pursuant to C.R.S. § 24-68-102(4) and Section 2-202.B of the Code. 4. Vested Rights. Approval of the Final Plat created a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. Accordingly, the Developer’s right to undertake and complete development and use of the Property in accordance with the approved PUD Plan for Sunlight Parkway PUD and the Final Plat shall be vested for a period of five (5) years from the effective date of the County’s approval of the Final Plat (the “Vested Period”). The effective date of the County’s approval of the Final Plat shall be the date public notice of the County’s approval of the Final Plat as a “Site Specific Development Plan” and the creation of a vested property right pursuant to C.R.S. §§ 24-68-101 et.seq. is published in accordance with C.R.S. § 24-68-103(1)(c) and Section 2-202.D.3 of the Code. The Vested Period may be extended upon approval of the Board of County Commissioners, following a public hearing duly noticed in accordance with Section 4- 101.E of the Code. 5. Findings. The County hereby finds and determines that execution of this Development Agreement furthers the public health, safety and general welfare in that the Sunlight Parkway PUD and the provisions of this Development Agreement are consistent with the Garfield County Comprehensive Plan. 6. No Obligation to Develop. Notwithstanding anything herein contained to the contrary, Developer shall have no obligation to develop all or any portion of the Property. 7. No Impairment of Development Rights. During the Vested Period, the County shall not initiate any zoning or land use action which would alter, impair, prevent, diminish, impose a moratorium on development or otherwise unreasonably delay development of the Property in accordance with the PUD Plan for Sunlight Parkway PUD and the Final Plat as approved by the County, except under the conditions listed in Section 2-202.F of the Code. 8. Severability. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for any action relating to this Agreement or the interpretation, enforcement or determination of the rights and duties of the parties hereto shall be the County or District Court in Garfield County, Colorado. 10. Counterparts. This Agreement may be executed in various counterparts, each of which shall be deemed an original and all of which, when taken together, shall be considered one and the same Agreement. 11. Authority. Each person signing this Agreement represents and warrants that he or she is fully authorized to enter into and execute this Agreement and to bind the party represented to the terms and conditions hereof. 2 12. Covenants Running With the Land. The provisions hereof, including all benefits and burdens, shall run with the Property. 13. Binding Effect. This Agreement shall extend to, be binding upon and inure to the benefit of the parties and their respective successors and assigns. Dated this ____ day of ________________, ______. COUNTY OF GARFIELD, COLORADO By:_________________________________ Attest: _______________________________ DEVELOPER: SUNLIGHT PARKWAY, LLC., a Colorado limited liability company By:_________________________________ Jason Neuman, Manager STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this _____ day of _____________, ____, by Jason Neuman, as Manager of Sunlight Parkway, LLC. Witness my hand and official seal. My commission expires:________ ____________________________________ Notary Public 3 PART 9 Traffic Study kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 October 21, 2019 Mr. Richard Carter D.M. Neuman Design Group P.O. Box 2317 Glenwood Springs, CO 81602 Re: 4 Mile Road Residential Traffic Study Letter Garfield County, Colorado Dear Mr. Carter: This traffic study letter has been prepared for a proposed residential community, 4 Mile Road Residential, which includes 12 single family attached duplex homes located on the east side of 4 Mile Road (CR-117), approximately two miles south of the Midland Avenue (CR-116) intersection and 1,000 feet north of the CR-149 intersection in Garfield County, Colorado. A vicinity map illustrating the location of the proposed development is attached as Figure 1. The surrounding area primarily consists of single-family residences and forested terrain. Cardiff is located approximately two miles to the north while the Roaring Fork River is located approximately a half -mile to the east. The site area is shown in attached Figure 2. A site plan for the proposed development is also attached. This traffic study identifies the amount of traffic associated with this proposed development and the expected trip distribution and traffic assignment along with an operational analysis for the project access intersection along 4 Mile Road. It is expected that project construction will be completed within the next few years; therefore, analysis was performed for the 2022 short term build out horizon as well as the 2040 long -term twenty-year horizon. Existing Roadway Network and Traffic Counts Regional access to the 4 Mile Road Residential project will be provided by Interstate 70 (I- 70) and 4 Mile Road (CR-117) while direct access will be provided by one full movement access along the east side of 4 Mile Road. The project access along 4 Mile Road is proposed to be located approximately 1,350 feet north of CR-149. 4 Mile Road primarily extends north -south with one through lane in each direction with a double yellow striped centerline and a posted speed limit of 35 miles per hour. The access along the east side of 4 Mile Road is currently a private gated unpaved access. Existing peak hour bi-directional counts were conducted at the location of the proposed access intersection. Morning peak hour counts were performed on Wednesday, October 9, 2019 while afternoon peak hour counts were conducted on Tuesday, October 8, 2019. The weekday counts were conducted in 15 -minute intervals during the morning and afternoon peak hours of adjacent street traffic from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. Existing peak hour counts, and the existing lane configuration of the access intersection are shown in attached Figure 3 with count sheets attached as well. Mr. Carter 096721001 Page 2 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Unspecified Development Traffic Growth The Garfield County Comprehensive Plan 2030 projects significant growth within the County in the future. As such, an annual growth rate of three (3) percent was used to estimate near term 2022 and long term 2040 traffic volumes at the proposed access intersection. Trip Generation Site-generated traffic estimates are determined through a process know n as trip generation. Rates and equations are applied to the proposed land use to estimate traffic generated by the development during a specific time interval. The acknowledged source for trip generation rates is the Trip Generation Manual1 published by the Institute of Transportation Engineers (ITE). ITE has established trip rates in nationwide studies of similar land uses. Project generated traffic volumes are identified on a weekday daily as well as on a morning peak hour and afternoon peak hour bas is. The morning peak hour is the highest one -hour time period of adjacent street traffic during four consecutive 15 -minute intervals during the morning peak hour, between 7:00 am and 9:00 am. The afternoon peak hour is the highest one-hour time period of four consecutive 15-minute intervals between the hours of 4:00 pm and 6:00 pm representing the afternoon peak hour. For this study, ITE Trip Generation fitted curve equations that apply to Single-Family Detached Housing (ITE Code 210) were used for traffic associated with the proposed development. The following Table 1 summarizes the anticipated trip generation for the proposed residential project with the trip generation calculation worksheet attached. Table 1 – 4 Mile Road Residential Project Traffic Generation Land Use and Size Daily Vehicle Trips Weekday Vehicle Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Single-Family Detached Housing (ITE 210) – 12 Units 148 3 10 13 8 5 13 As summarized in the table, the 4 Mile Road Residential project is anticipated to generate approximately 148 daily weekday trips with 13 trips occurring during each of the morning and afternoon peak hours based on ITE equations and data. Distribution, Assignment, and Total Traffic Distribution of site traffic was based on the area street system characteristics, existing traffic patterns and volumes, and the proposed access system for the project. The distribution of traffic is a means to quantify the percentage of site -generated traffic that approaches the site from a given direction and departs the site back to the original source . Project traffic originating from either direction can access the site. Figure 4 illustrates the expected trip distribution for the proposed residential project. 1 Institute of Transportation Engineers, Trip Generation Manual, Tenth Edition, Washington DC, 2017. Mr. Carter 096721001 Page 3 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Traffic assignment was obtained by applying the project trip distribution to the estimated project traffic generation of the development shown in the trip generation table. The traffic assignment is shown in Figure 5. Site traffic volumes were added to the 2022 and 2040 background volumes to represent estimated build -out year and long-term traffic conditions. These total traffic volumes for 2022 and 2040 are illustrated in Figure 6 and Figure 7. Traffic Operations Analysis Kimley-Horn’s analysis of traffic operations in the site vicinity was conducted to determine potential capacity deficiencies at the project key intersections for the 2022 build-out and 2040 long term horizons. The acknowledged source for determining overall capacity is the Highway Capacity Manual2. Capacity analysis results are listed in terms of Level of Service (LOS). LOS is a qualitative term describing operating conditions a driver will experience while traveling on a particular street or highway during a specific time interval. It ranges from A (very little delay) to F (long delays and congestion). For intersections and roadways in this study area, typical traffic study practice identifies overall intersection LOS D and movement or approach LOS E as the minimum thresholds for acceptable operations. The following Table 2 shows the definition of level of service for signalized and unsignalized intersections. Table 2 – Level of Service Definitions Level of Service Signalized Intersection Average Total Delay (sec/veh) Unsignalized Intersection Average Total Delay (sec/veh) A ≤ 10 ≤ 10 B > 10 and ≤ 20 > 10 and ≤ 15 C > 20 and ≤ 35 > 15 and ≤ 25 D > 35 and ≤ 55 > 25 and ≤ 35 E > 55 and ≤ 80 > 35 and ≤ 50 F > 80 > 50 Definitions provided from the Highway Capacity Manual, Sixth Edition, Transportation Research Board, 2016. 4 Mile Road Access Intersection With completion of the 4 Mile Road Residential project, the site proposes one full movement access along the east side of 4 Mile Road. The access along 4 Mile Road is proposed to be located approximately 1,350 feet north of CR-149. This new access should operate with stop control along the westbound exiting approach with installation of a R1 -1 “STOP” sign along this approach. One exiting lane should be sufficient at this access along with single shared movement lanes entering the project driveway. With these lane configurations and control, the capacity analysis indicates that acceptable delay and LOS B or better is forecasted for all movements during the morning and afternoon peak hours throughout the 2040 horizon. Table 3 provides the results of the level of service analysis for this intersection with LOS worksheets attached. 2 Transportation Research Board, Highway Capacity Manual, Sixth Edition, Washington DC, 2016. Mr. Carter 096721001 Page 4 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Table 3 – 4 Mile Road Access Intersection LOS Results Scenario AM Peak Hour PM Peak Hour Delay (sec/veh) LOS Delay (sec/veh) LOS 2022 Background Plus Project Westbound Approach Southbound Left 9.9 7.8 A A 9.3 7.5 A A 2040 Background Plus Project Westbound Approach Southbound Left 11.3 8.2 B A 10.1 7.7 B A Sight Distance It is recommended that sight triangles be provided at the site access intersection to give drivers exiting the site a clear view of oncoming traffic. Landscaping and objects within sight triangles must not obstruct drivers’ views of the adjacent travel lanes. As directed by Garfield County, AASHTO design intersection sight distances for left turn from stop and right turn from stop were evaluated along 4 Mile Road. With AASHTO standards and a design speed of 35 miles per hour along 4 Mile Road, the intersection sight distance for a vehicle turning left from stop is 390 feet to the right, while the sight distance for a vehicle turning right from stop is 335 feet to the left. Therefore, all obstructions for left turning vehicles from stop should be clear to the right within the triangle created with a vertex point located 14.5 feet from the edge of the major road traveled way (typical position of the minor road driver’s eye when stopped) and a line of sight distance of 390 feet located in the middle of the southbound through lane. Likewise, all obstructions for right turning vehicles from stop should be clear to the left within the triangle created with a vertex point located 14.5 feet from the edge of the major road traveled way and a line of sight distance of 335 feet located in the middle of the northbound through lane. It is believed that required sight distances will be accommodated along 4 Mile Road at the proposed access intersection based on the existing horizontal and vertical curves of the roadway; however, this should be verified upon design of this project by the site civil engineer. Removal of existing vegetation may be needed to maintain a cceptable sight distances along the east side of 4 Mile Road . Recommendations • The proposed access intersection along 4 Mile Road should operate with stop control along the westbound exiting approach with installation of a R1 -1 “STOP” sign along this approach. A single exiting lane should be sufficient at the proposed access intersection along with shared movement lanes entering the project access. • It is recommended that appropriate sight distance be provided at the proposed access intersection along 4 Mile Road. Any tall vegetation or other sight obstructions should be removed within the sight distance triangles measured from 14.5 feet from the edge of 4 Mile Road to a point 390 feet to the right in the middle of the southbound through lane and a point 335 feet to the left in the middle of the northbound through lane. Mr. Carter 096721001 Page 5 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 The recommended intersection lane configurations and control for the project buildout and long-term horizon are illustrated in Figure 8. Conclusion In summary, this traffic study letter provides project traffic generation estimates to identify potential project traffic related impa cts on the local street system. Based on the analysis presented in this study, Kimley-Horn believes the proposed 4 Mile Road Residential project will be successfully incorporated into the existing and future roadway network without the need for any external street intersection mitigations or improvements. It is believed that required sight distances will be acco mmodated at the 4 Mile Road Access due to the existing roadway horizontal and vertical curvature; however, existing vegetation may need to be removed to maintain acceptable sight distances. This should be verified with design and construction of this project. If you have any questions or require anything further, please feel free to call me at (303) 228 -2304. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Curtis D. Rowe, P.E., PTOE Vice President 10/21/2019 175(102)53(151) 80%[20%]20%[80%] 1(2)2(6)8(4) 2(1) 191(111)1(2)58(165)2(6)8(4) 2(1) 326(190)1(2)99(281)2(6)8(4) 2(1) www.idaxdata.com 1 9th to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 0 0 0 0 0 0 0 0 0 0 Peak Hour Date: Wed, Oct 09, 2019 Peak Hour Count Period: 7:00 AM 9:00 AM SB 3.8%0.83 TOTAL 2.2%0.85 TH RT WB -- NB 1.7%0.74 Peak Hour: 7:15 AM 8:15 AM HV %:PHF EB -- UT LT TH RT UT LT Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start NO LEG NO LEG 4 MILE RD 4 MILE RD 15-min TotalUTLTTHRT 0 0 0 0 0 0 0 7 0 34 0 7:15 AM 0 0 0 0 0 0 0 27 0 07:00 AM 0 0 0 0 0 0 0 0 8 0 67 0 7:45 AM 0 0 0 0 0 0 0 59 0 0 52 0 7:30 AM 0 0 0 0 0 0 0 38 0 0 0 14 0 51 204 8:00 AM 0 0 0 0 0 0 0 35 0 0 0 16 0000000 0 0 0 0 0 0 0 15 0 58 228 8:15 AM 0 0 0 0 0 0 0 43 0 0 0 16 0 46 200 8:45 AM 0 0 0 0 0 0 0 30 0 0 45 221 8:30 AM 0 0 0 0 0 0 0 25 0 0 0 20 0 31 1802200090000000 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 105 0 384 0 0 0 0 0 0 0 West North South 7:00 AM 0 0 1 0 0 0 0 0 0 279 0 0 0 228 00175000530 0 1 0 EB WB NB SB Total East 7:45 AM 0 0 0 1 1 0 0 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total 0 0 7:15 AM 0 0 0 0 0 0 7:30 AM 0 0 1 0 1 0 0 0 0 0 0 0 0 010100 0 0 8:15 AM 0 0 1 1 2 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 1 1 2 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 3 3 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 Peak Hour 0 0 3 2 5 0 0 0 0 0 0 0 0Count Total 0 0 5 6 11 0 0000000 0 0000 00 0N 4 MILE RD NO LEG NO LEG 4 MILE RDNO LEG 4 MILE RD228TEV: 0.85PHF:05305317500 0 0 0 00 017501755300 0 0 0 0 0 Mark Skaggs: (425) 250-0777 mark.skaggs@idaxdata.com www.idaxdata.com 1 8th to to Two-Hour Count Summaries Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count. Total 0 0 0 0 0 0 0 0 0 0 Peak Hour Date: Tue, Oct 08, 2019 Peak Hour Count Period: 4:00 PM 6:00 PM SB 0.7%0.88 TOTAL 0.4%0.88 TH RT WB -- NB 0.0%0.82 Peak Hour: 5:00 PM 6:00 PM HV %:PHF EB -- UT LT TH RT UT LT Rolling One HourEastboundWestboundNorthboundSouthbound UT LT TH RT Interval Start NO LEG NO LEG 4 MILE RD 4 MILE RD 15-min TotalUTLTTHRT 0 0 0 0 0 0 0 34 0 52 0 4:15 PM 0 0 0 0 0 0 0 18 0 04:00 PM 0 0 0 0 0 0 0 0 31 0 49 0 4:45 PM 0 0 0 0 0 0 0 18 0 0 58 0 4:30 PM 0 0 0 0 0 0 0 29 0 0 0 29 0 39 198 5:00 PM 0 0 0 0 0 0 0 17 0 0 0 22 0000000 0 0 0 0 0 0 0 43 0 65 211 5:15 PM 0 0 0 0 0 0 0 22 0 0 0 42 0 72 235 5:45 PM 0 0 0 0 0 0 0 30 0 0 59 212 5:30 PM 0 0 0 0 0 0 0 19 0 0 0 40 0 57 25331000260000000 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 267 0 451 0 0 0 0 0 0 0 West North South 4:00 PM 0 0 1 0 0 0 0 0 0 184 0 0 0 253 001020001510 1 2 0 EB WB NB SB Total East 4:45 PM 0 0 0 0 0 0 0 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total 0 0 4:15 PM 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 030300 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 1 1 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 Peak Hour 0 0 0 1 1 0 0 0 0 1 1 0 0Count Total 0 0 4 2 6 0 0011000 0 1000 00 0N 4 MILE RD NO LEG NO LEG 4 MILE RDNO LEG 4 MILE RD253TEV: 0.88PHF:0151015110200 0 0 0 00 0102010215100 0 0 0 0 0 Mark Skaggs: (425) 250-0777 mark.skaggs@idaxdata.com Project 4 Mile Road Residential - Garfield County Subject Trip Generation for Single-Family Detached Housing Designed by JRP Date October 14, 2019 Job No. Checked by Date Sheet No.of TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Fitted Curve Equations Land Use Code - Single-Family Detached Housing (210) Independant Variable - Dwelling Units (X) X =12 T =Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (200 Series Page 3) Average Weekday Directional Distribution:25% ent. 75%exit. (T) = 0.71 (X) + 4.80 T =13 Average Vehicle Trip Ends (T) = 0.71 *(12)+ 4.80 3 entering 10 exiting 3 +10 =13 Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (200 Series Page 4) Average Weekday Directional Distribution:63% ent. 37%exit. Ln(T) = 0.96 Ln(X) + 0.20 T =13 Average Vehicle Trip Ends Ln(T) = 0.96 *Ln(12)+ 0.20 8 entering 5 exiting 8 + 5 =13 Peak Hour of Generator, Saturday (200 Series Page 8) Average Saturday Directional Distribution:54% ent. 46%exit. (T) = 0.84 (X) + 17.99 T =28 Average Vehicle Trip Ends (T) = 0.84 *(12)+ 17.99 15 entering 13 exiting 15 + 13 =28 Weekday (200 Series Page 2) Average Weekday Directional Distribution: 50% entering, 50% exiting Ln(T) = 0.92 Ln(X) + 2.71 T =148 Average Vehicle Trip Ends Ln(T) = 0.92 *Ln(12)+ 2.71 74 entering 74 exiting 74 + 74 = 148 096721001 HCM 6th TWSC 2022 Total AM.syn 1: 4 Mile Road & Access 10/14/2019 Synchro 10 Report Page 1 Intersection Int Delay, s/veh 0.4 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 2 8 191 1 2 58 Future Vol, veh/h 2 8 191 1 2 58 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - 0 - - 0 Grade, %0 - 0 - - 0 Peak Hour Factor 92 92 74 92 92 83 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 2 9 258 1 2 70 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 333 259 0 0 259 0 Stage 1 259 - - - - - Stage 2 74 - - - - - Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 662 780 - - 1306 - Stage 1 784 - - - - - Stage 2 949 - - - - - Platoon blocked, %- - - Mov Cap-1 Maneuver 661 780 -- 1306 - Mov Cap-2 Maneuver 661 - - - - - Stage 1 782 - - - - - Stage 2 949 - - - - - Approach WB NB SB HCM Control Delay, s 9.9 0 0.2 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 753 1306 - HCM Lane V/C Ratio -- 0.014 0.002 - HCM Control Delay (s) -- 9.9 7.8 0 HCM Lane LOS - - A A A HCM 95th %tile Q(veh) - - 0 0 - HCM 6th TWSC 2022 Total PM.syn 1: 4 Mile Road & Access 10/14/2019 Synchro 10 Report Page 1 Intersection Int Delay, s/veh 0.3 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 1 4 111 2 6 165 Future Vol, veh/h 1 4 111 2 6 165 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - 0 - - 0 Grade, %0 - 0 - - 0 Peak Hour Factor 92 92 82 92 92 88 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 1 4 135 2 7 188 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 338 136 0 0 137 0 Stage 1 136 - - - - - Stage 2 202 - - - - - Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 658 913 - - 1447 - Stage 1 890 - - - - - Stage 2 832 - - - - - Platoon blocked, %- - - Mov Cap-1 Maneuver 655 913 -- 1447 - Mov Cap-2 Maneuver 655 - - - - - Stage 1 886 - - - - - Stage 2 832 - - - - - Approach WB NB SB HCM Control Delay, s 9.3 0 0.3 HCM LOS A Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 846 1447 - HCM Lane V/C Ratio -- 0.006 0.005 - HCM Control Delay (s) -- 9.3 7.5 0 HCM Lane LOS - - A A A HCM 95th %tile Q(veh) - - 0 0 - HCM 6th TWSC 2040 Total AM.syn 1: 4 Mile Road & Access 10/14/2019 Synchro 10 Report Page 1 Intersection Int Delay, s/veh 0.2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 2 8 326 1 2 99 Future Vol, veh/h 2 8 326 1 2 99 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - 0 - - 0 Grade, %0 - 0 - - 0 Peak Hour Factor 92 92 74 92 92 83 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 2 9 441 1 2 119 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 565 442 0 0 442 0 Stage 1 442 - - - - - Stage 2 123 - - - - - Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 486 615 - - 1118 - Stage 1 648 - - - - - Stage 2 902 - - - - - Platoon blocked, %- - - Mov Cap-1 Maneuver 485 615 -- 1118 - Mov Cap-2 Maneuver 485 - - - - - Stage 1 647 - - - - - Stage 2 902 - - - - - Approach WB NB SB HCM Control Delay, s 11.3 0 0.1 HCM LOS B Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 584 1118 - HCM Lane V/C Ratio -- 0.019 0.002 - HCM Control Delay (s) - - 11.3 8.2 0 HCM Lane LOS - - B A A HCM 95th %tile Q(veh) -- 0.1 0 - HCM 6th TWSC 2040 Total PM.syn 1: 4 Mile Road & Access 10/14/2019 Synchro 10 Report Page 1 Intersection Int Delay, s/veh 0.2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 1 4 190 2 6 281 Future Vol, veh/h 1 4 190 2 6 281 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - - - - - Veh in Median Storage, # 0 - 0 - - 0 Grade, %0 - 0 - - 0 Peak Hour Factor 92 92 82 92 92 88 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 1 4 232 2 7 319 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 566 233 0 0 234 0 Stage 1 233 - - - - - Stage 2 333 - - - - - Critical Hdwy 6.42 6.22 - - 4.12 - Critical Hdwy Stg 1 5.42 - - - - - Critical Hdwy Stg 2 5.42 - - - - - Follow-up Hdwy 3.518 3.318 - - 2.218 - Pot Cap-1 Maneuver 486 806 - - 1333 - Stage 1 806 - - - - - Stage 2 726 - - - - - Platoon blocked, %- - - Mov Cap-1 Maneuver 483 806 -- 1333 - Mov Cap-2 Maneuver 483 - - - - - Stage 1 801 - - - - - Stage 2 726 - - - - - Approach WB NB SB HCM Control Delay, s 10.1 0 0.2 HCM LOS B Minor Lane/Major Mvmt NBT NBRWBLn1 SBL SBT Capacity (veh/h)- - 711 1333 - HCM Lane V/C Ratio -- 0.008 0.005 - HCM Control Delay (s) - - 10.1 7.7 0 HCM Lane LOS - - B A A HCM 95th %tile Q(veh) - - 0 0 - PART 10 Floodplain Analysis When a project is located within a Special Flood Hazard Area, if there is an indication or suggestion that a project is located in a SFHA, or if a project is a division of land or a PUD over 5 acres in size or proposes 50 lots or greater, the application must include a Floodplain Analysis. This proposed property is not located within a Special Flood Hazard Area or any other classified floor area, and does not have any bodies of water or active streams. PART 11 PUD Plan PUD Guide PUD Map PUD GENERAL DESCRIPTION. A written description of the proposal shall include the following information: General project concept and purpose of the request: We are submitting an application for change of zoning, from Rural to PUD, for our 8.77-acre property located along 4 Mile Road outside of Glenwood Springs, Colorado. The proposed concept plan, at full build-out, will create 6 two-family residences (duplexes), while preserving natural vegetation, wide-open views and the peaceful country living that is currently found along the 4 Mile Road corridor. The Comprehensive Plan specifically labels this property as a Residential High (RH) zone district, one of the very few parcels of land in the Glenwood Springs area to be given this designation. The RH zoning allows for the departure from the 2-acre minimum lot size (under the Rural zone designation), down to a denser concentration of 1/3 acre minimum lot sizes. The average proposed lot size will be approximately .73 acres, which doubles the minimum allowable size per lot under the RH zoning requirements. The majority of each property will preserve the existing natural vegetation by creating allowable building areas (building envelope) in the vegetation-free zone at the base of the property. There are good reasons for us to propose using duplex residential buildings as opposed to single family residences. The biggest advantage will be the visual impact of this development. We feel that by reducing the number of structures from 12 single family residences down to 6 duplex residential buildings, this will help preserve open space and minimize lot disturbance. The duplexes will straddle every-other property line, which will effectively create a large open space between structures. Setbacks will be created so that the natural green-belt can be preserved along 4 Mile Road as well as the steep hillsides along the east side of the property. Another reason for duplex units, will be to allow the end user a more attainable option when it comes to rental or purchase price for the property. Sharing roofs, foundations, driveways, utilities… allow for efficiencies when it comes to the cost of construction. Ultimately, due to this efficient construction strategy, this concept will help solve a community need for smart, responsible, efficient and attainable housing growth, which will allow more families the opportunity to live, work and play in their community. Explanation of how the PUD is in general conformance with the Comprehensive Plan: This proposed rezoning would align with the visions and goals of the Garfield County Comprehensive Plan by:  Taking advantage of the unique Residential High (RH) designation this property has been given.  Providing the consumer with a highly efficient, and more attainable product.  Providing a diverse stock of available housing options for a variety of income levels.  Locate new housing near existing infrastructures and amenities so that families can live, work and play in their community.  Providing more affordable housing options closer to where the jobs are located.  Decrease longer commute times and traffic congestion by creating housing closer to the work.  To provide a range of affordable housing options. Description of how the proposed development departs from the otherwise applicable standards of this code but meets the intent and purpose of this Article: The existing zoning designation for this property is Rural, which would allow for subdividing into 2-acre minimum lots. With this existing designation, this property could feasibly be split into 4 separate lots, each with one single family residence. By creating a PUD, we will be allowed to increase the density of this property (which conforms to the Comprehensive Plan), so that there is an opportunity to create smart, responsible and efficient growth that supports the surrounding community. We don’t feel that the right direction for this project is to maximize the amount of allowable lots on this developable property, this wouldn’t be smart or responsible development for this area, as it relates to this existing rural, residential corridor. We instead propose to double the minimum allowable lot size (to an average of .73 acres per lot) to minimize the visual impact of development along this section of 4 Mile Road. By dividing this property into larger than minimum allowable sizes, and by maintaining the open space between and around structures, we feel this will preserve the rural character and feel that already exist along the 4 Mile Road corridor. Relationship of the proposed PUD development to the existing land uses and adjacent property land uses: Existing land uses adjacent to our PUD are all zoned as Rural, and mainly occupied by single family residences. Current property sizes around this proposed PUD (within ½ a mile) range from .8 acre lots to 3.3 acre lots. The average size of the proposed lots for this PUD is approximately .73 acres. Factoring-in that the proposed structures will be duplexes, there will be 1 structure per 2 lots… which is essentially 1 structure per 1.46 acres. The visual impact of structures vs. land on this PUD will be comparable and consistent to existing properties along this section of 4 Mile Road. Phasing and timing for the proposed development including the start and completion date of construction of each phase: Upon official approval of this application, planning towards construction on this property will begin. PUD TECHNICAL DESCRIPTION. A written description of the proposal shall include the following information: Method and calculation used to determine overall project and specific use type densities: Our method is fairly simple… create smart, responsible and efficient housing growth that will preserve the existing rural character and feel of the 4 Mile Road corridor while also meeting the needs of our community for residential growth. Our concept could easily have been to maximize the density by creating lots to the minimum allowable size of 1/3 acre. Pursuing a concept like this could allow for approximately 24 new lots and single-family residences being located in this development… but we felt that this would lead to a more urban feel and would not fit with the rural lifestyle that currently exists in this area. With the current Comprehensive Plan, our 8.765 acres could be split into 24 lots. Our proposed concept of 6 duplex buildings (for 12 families) is a big attempt on our part to minimize the visual and physical impact of forcing density to an area that doesn’t support it… shoving square pegs in round holes. Our intent is to create a neighborhood that supports the surrounding community. The PUD shall demonstrate how common wastewater facilities will be controlled or governed by the future owners within the PUD: Residences will utilize existing wastewater services through the Sunlight View Water and Wastewater Company. Sunlight View Water and Wastewater are connected to the City of Glenwood Springs’s sewer infrastructure. The company collects all water and sewer fees and pays sewer related fees to the City of Glenwood Springs. The PUD shall demonstrate how common water facilities will be controlled or governed by the future owners within the PUD: Residences will utilize existing water services through the Sunlight View Water and Wastewater Company. Sunlight View Water and Wastewater are connected to the City of Glenwood Springs’s sewer infrastructure. The company collects all water and sewer fees and pays sewer related fees to the City of Glenwood Springs. Method of adequately providing other necessary public entities: The City of Glenwood Springs is the electric service provider to this property. Type or method of fire protection: A water-line and hydrants for fire service, based on the requirements of the Glenwood Springs Fire Department, will be designed and provided for this development. Access to and from the property, for emergency services, will also be designed and provided per the requirements of the Garfield County LUDC and the requirements of the Glenwood Springs Fire Department. Description of whom or what entity shall be responsible for the provisions of and payment for any facilities available to the community, including but not limited to open space, common areas, and structures: There are no common buildings, only common spaces as part of this proposal. All property owners will be required to maintain their own properties so that they are in compliance with any county codes and requirements. A Home Owners Association will be created so that common spaces can be maintained and new builds can be approved so that they fit within the consistent fabric of the development. Discussion of impacts on County services, schools, town services and any other unique operation that may be pertinent to a review of the proposed zone change and methods for mitigation Due to the size and use of the proposed development, no major impacts to existing services are anticipated. There will certainly be more road surface to maintain (roughly 600 LF) and area for emergency services to respond to, but the actual numbers are minimal and not expected to further tax any of these services. Roads and emergency services will see the most impact… being that new areas of service are being developed that could help in the increase of spreading existing resources to areas that were previously not serviced. School impacts are more difficult to determine… this all depends if families (with children) are new to the school district or if they are moving in from one place to another within the school district. Either way, we do realize that this development will make an impact to county services, city services and the school district, and are aware that fees will be required to mitigate these impacts at the time of making improvements to the property. Documentation showing legal access or documentation demonstrating the likelihood of achieving legal access Access to the site will occur at the existing historical access already provided. This existing access will be realigned and upgraded so that it is in compliance with Garfield County codes and requirements. The proposed access to and from the site is also being analyzed as part of the traffic study that is required as part of this application submittal. Sunlight Parkway PUD Guide January, 2023 Prepared by: DM Neuman Construction and Design Group 310 19th Street Glenwood Springs, CO 81601 TABLE OF CONTENTS Part 1 Purpose and Intent Purpose Intent Enforcement Building Permits Part 2 Zoning Designations Zone Districts Allowable Uses Zone Standards Allowed Uses Setback Exceptions Projections Part 3 Architectural Review Committee Part 4 General Development Standards PART 1 PURPOSE and INTENT Purpose The purpose for this Sunlight Parkway Planned Unit Development Guide is to establish development standards, supplemental regulations and guidelines for the development of this property. This PUD Guide will provide the framework for creating a cohesive development that values creativity and uniformity of the properties. This PUD Guide supersedes the Garfield County Land Use and Development Code (LUDC) with specific regulations that are more appropriate to the goals and objectives of this PUD. This PUD Guide was approved by the Board of County Commissioners (BOCC), Garfield County on X/XX/XXXX pursuant to Resolution No. 2020-xxx (“Resolution of Approval”). Intent This PUD Guide and Plan intends to ensure that the Sunlight Parkway PUD is developed as a comprehensive planned community that will encompass a balance of residential life while preserving open space, promoting public safety and providing necessary infrastructure. Enforcement of the PUD Guide The provisions of this PUD Guide are enforceable by the authority and powers of Garfield County, as granted by law. Enforcement action shall be consistent with the authority and actions defined in the Garfield County Land Use and Development Code (LUDC), as amended. All provisions of this PUD Guide shall run in favor of the residents, occupants and owners of the land within the Sunlight Parkway PUD, to the extend expressively provided in this PUD Guide and in accordance with its terms and conditions. Where the PUD Guide is silent, the specific provisions of the LUDC, as may be amended from time to time, shall prevail. Building Permits Building permits shall be obtained from Garfield County in accordance with County requirements for the construction of any building or structure within the Sunlight Parkway PUD or any other actions subject to the Building Code requirements. All other applicable County regulations such as building codes and environmental health regulations shall apply to activities within the Sunlight Parkway PUD. Building plans for all buildings and structures constructed within the Sunlight Parkway PUD shall conform to this PUD Guide, PUD Plan or the Project Documents. PART 2 ZONING DESIGNATIONS PUD Zone Districts The entire 8.77 acre Sunlight Parkway PUD is comprised of 1 Zone District, which allows for only residential uses. The allowable residential uses (by right) are as follows: Dwelling, Single-Unit (duplex units only – to straddle property line) Allowed Uses Two-Unit Dwellings The centerline of party wall, between two-unit dwellings, is to be located on the property line as indicated on the PUD Plan. Two Story Two story buildings are allowed on all lots and must fall under the maximum building height set in this document. Zone Standards The purpose of this section is to identify the lot and building allowances and restrictions for each Zone District within the Sunlight Parkway PUD. Development of any lot shall comply with the standards as identified in the Zone District Dimensions guide below Lots 1-6 Maximum Lot Coverage = 20% Front Yard Setback = 20 feet Rear Yard Setback = 50 feet Side Yard Setback = 10 feet (Note #1) Maximum Height = 25 feet Lot 7 Maximum Lot Coverage = 10% Front Yard Setback = 25 feet Rear Yard Setback = 50 feet / 125 feet Side Yard Setback = 10 feet (Note #1) Maximum Height = 25 feet Lots 8-12 Maximum Lot Coverage = 10% Front Yard Setback = 25 feet Rear Yard Setback = 125 feet Side Yard Setback = 10 feet (Note #1) Maximum Height = 25 feet Note #1: Zero side yard setback at common wall locations as indicated on map Setback Exceptions Fences and retaining walls are allowed to encroach into the side and front yard setbacks only. No fences, retaining walls or other man-made structures will be allowed between the rear yard setback and rear property line. The purpose for this is to maintain the existing open space beyond the rear yard building envelope and to maintain historic wildlife habitat and migratory trails. Projections The only allowable projection into the setback will be at the common wall property line. At these locations, roof overhangs will be allowed to encroach into the neighboring property by a distance of 18 inches. It is the responsibility of the property owner, of the main roof line, to maintain this portion of the roof so that it functions, and appears, in the proper manner of its original design PART 3 ARCHITECTURAL REVIEW COMMITTEE Architectural Review Committee This section specifies the authorities of the Sunlight Parkway Architectural Review Committee (ARC) and design guidelines Design Guidelines and Application Process Design guidelines shall be created and enforced by the Sunlight Parkway Architectural Review Committee. All new construction, building additions, exterior modifications (including landscaping) shall be reviewed and approved by the architectural review committee prior to any construction on the property. It is responsibility of the property owner to submit all proposals, for review, to the Sunlight Parkway Architectural Review Committee and to secure all applicable permits as required by Garfield County. PART 4 GENERAL DEVELOPMENT STANDARDS General Development Standards All development within the Sunlight Parkway PUD shall conform to the development standards specified herein. Maximum Lot Coverage (%) - Refer to Part 2, Zoning Designations, of this PUD Guide. Due to the smaller size of Lots 1-6, as well as existing easements running through the properties, larger percentages of Maximum Lot Coverage were given, in relation to the larger and more open property sizes of Lots 7-12 Setbacks – Refer to Part 2, Zoning Designations, of this PUD Guide. Due to the smaller size of Lots 1-6, as well as existing easements running through the property, less restrictive setbacks were given (as compared to the larger, and more open Lots 7-12). Special consideration in laying-out the rear yard setbacks to Lots 1-5 was given so that the existing green-belt along 4 Mile Road and these properties would be preserved. All rear yard setbacks were created with wildlife, open space and preservation of existing hillside vegetation in-mind. The purpose for this is to maintain the existing open space and vegetation beyond the rear yard building envelope and to maintain historic wildlife habitat and migratory trails. Building Height (feet) – A 25 foot height limit has been set based on existing features such as topography, scale of existing vegetation, and proximity to the public right of way. Definition of building height is per the Garfield County LUDC. Allowable Exterior Wall Materials – Natural wood materials, fiber cement siding, rock/stone, stucco and other natural materials should be the primary exterior finish to all structures. Finishes such as architectural metal panels are limited as an accent finish, and shall not exceed 25% of each elevations finish material. Materials that are not allowed are as follows: • Brick • Pressboard • Plywood • Vinyl siding • Concrete blocks or other masonry blocks Landscaping - All landscape standards and requirements will be per Section 7-303 (Landscape Standards) of the Garfield County LUDC. Property owners are encouraged to work with the existing topography, vegetation, soils, drainage and historic climatic conditions when preparing their property for landscaping improvements. New landscaping shall integrate into existing vegetation and natural land features, and shall blend-in by clumping new features together in order to maintain a more natural feel. Exterior Lighting – In order to preserve the natural beauty of the rural nighttime setting, exterior lighting will follow Dark Sky concepts so that lighting is limited to the illumination of ground space only. The following guidelines shall be followed when incorporating exterior lighting into property improvements:  All lights must be attached to the building and shielded, and the source of the light must not be seen on other properties. No landscape lighting, other than driveway and path lighting, is allowed. No flood lighting or high intensity discharge lighting is allowed.  No light fixtures will be allowed more than 10' above the ground surface that is being illuminated. No light fixture shall exceed 60 watts  All driveway and path lighting shall be no more than 2' above the ground plane being illuminated, fully shielded, spaced at a minimum of 30' apart, and not exceed 15 watts each.  The only light fixtures that will be allowed to not be attached to a building or structure will be at the common mailbox location as well as the monument sign at the entry to the property. All of these lights will be used at a minimum and follow the Dark Sky concept Fences – In order to provide private exterior spaces, fences are allowed on the rear and side of structures. Fences of any kind are prohibited in front yards. Maximum fence height is not to exceed 5 feet. No fencing shall extend beyond the rear yard setback as explained in Setback Exceptions in Part 2 of this PUD Guide. All fences are to be maintained so that they are clean and safe at all times, kept in working condition so that nothing is unsightly and dangerous. Fence colors are to be darker earth tone hues that relate to the existing natural environment. Light colors, such as white and light grays, that would contrast with existing natural features are prohibited Types of allowable fences are as follows: • Wood • PVC • Vinyl • Stone Types of fences not allowed are as follows: • Chain link • Wrought iron or aluminum • Barbed wire • Electrified • Concrete block, brick or other manufactured masonry units Domestic Animal Control – As outlined in the Garfield County LUDC, all domestic animals are to be kept inside, within fenced yards or in kennels. Retaining walls – Retaining and landscape walls shall not exceed 6' in height. When retaining exceeds 6' in height, walls should be stepped to form benches of at least 6' in width. Retaining walls should be designed to blend-in with the natural landscape, and should be built with boulders, laid stone, logs, timbers or interlocking blocks. Colors are to be earth tone hues that relate to the existing natural environment. Light colors, such as white and light grays, that would contrast with existing natural features are prohibited Paving – The preferred surface material for all driveways, parking and RV storage areas are to be chip and seal, asphalt or concrete… however, the minimum Garfield County roadway standards, for the particular usage, will be permitted. Trash Containers – All trash containers must be either located within a structure attached to the residence, and be resistant to wildlife, or be stored inside the garage. No free-standing garbage containers are allowed. Property Upkeep – The exterior condition of homes and properties are particularly important, and homeowners should work to keep their homes looking well-maintained and compliant with community standards. This can be maintained easily by paying attention to a few particular areas such as: • Roofs – should be regularly maintained and cleaned • Downspouts and Gutters – should be kept in proper working condition with regular cleaning and maintenance • Building Exteriors - Owners should periodically inspect and repair exterior paint, sidings, and outside stonework on their own property from weathering, mold, and damage. • Landscaping - Homeowners should take the time to replant damaged lawns and maintain the trees and shrubbery and other landscaping features in and around their property • Sidewalks and Driveways - Homeowners should keep their driveways in good condition and clear of debris or grease. At the first sign of damage, owners should repair cracks or pitting to keep them from spreading. Driveways, as much as possible, should not be blocked with delivery items, car parts or other clutter Signage standards such as height, lighting, placement, and quantity, as applicable. All signage standards and requirements will be per the Garfield County LUDC All other adopted County zoning regulations (such as lighting and fencing) shall be applicable to any conditions not provided for by this approved PUD Plan Guide. 4 Mile RoadNorthUtility Easement (30' wide)ROW centerline (50')waterelecUtility Easement (15' wide)rear yard setback (125')Steep Grade BeyondSteep Grade BeyondSteep Grade BeyondProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineProperty LineUtility Easement (15' wide)Utility Easement (7.5' wide)stopsignstreetname signno outletsignmonumentsignUtility Easement (30' wide)Lot 1(.46 acres)20,103 SFLot 2(.38 acres)16,605 SFLot 3(.4 acres)17,362 SFLot 4(.4 acres)17,558 SFLot 5(.48 acres)20,721 SFLot 6(.59 acres)25,558 SFLot 7(.75 acres)32,835 SFLot 8(.87 acres)37,825 SFLot 9(.56 acres)24,354 SFLot 10(.68 acres)29,669 SFLot 11(.72 acres)31,260 SFLot 12(1.86 acres)81,026 SFProperty Line Property Line Property Line Property Line Property LineProperty LineP rop e rty LineProperty LineProperty LineProperty LineProperty LineProperty LineZone District: RuralComp Plan 2030 Zone District: Residential HighROW (50')ROW (50')HOA(.12 acres)4,637 SFrear yard setback (125')side yard setback (10') side yard setback (10')side yard setback (10')front yard setback (25')front yard setback (25')rear yard setback (125')rear yard setback (125')side yard setback (10')side yard setback (10')rear yard setback (125')rear yard setback (125')Steep Grade Beyondrear yard setback (50')front yard setback (25')side yard setback (10')side yard setback (10')front yardsetback (25')fr o n t y a r dsetback (2 5 ')front yardsetback (25')rear yard setback (50')rear yard setback (50')side yard setback (10')front yardsetback (20')front yardsetback (20')side yard setback (10')front yard setback (20')front yard setback (20')side yard setback (10')rear yard setback (50')rear yard setback (50')front yard setback (20')front yard setback (20')rear yard setback (50')rear yard setback (50')property lineproperty linep r o p e r t yline Property LineProperty LineProperty LineProperty Line1122Building EnvelopeOpen Space/Natural Barrier3.9 Acres (44% of total property size)Size: 8.765 Acressnow storage easem ent (30')snow storage easement (30')Snow Storage Easementside yard setback (10')SCALE: 1/64" = 1'-0"Site Plan PART 12 Review Criteria Purpose and Applicability. The PUD meets the purpose and applicability of this Code, as provided in section 6-101.A. and B. Purpose – We feel that this PUD proposal aligns with the vision and purpose of the Garfield County Comprehensive Plan Applicability – The existing zone district for this property is Rural and is greater than 2 acres in size (actual size is 8.77 acres). Development Standards. The PUD meets the Development Standards as provided in section 6-401. At the time of zoning as a PUD, the Applicant may request that the BOCC modify the specifications, standards, and requirements to which the parcel(s) would be otherwise subject based on the zone district requirements set forth in Article 3. The BOCC may grant a modification if the Applicant demonstrates that the proposed specifications, standards, and requirements meet and support the purpose of the PUD. In addition, the PUD Plan shall meet the following criteria: Permitted Uses – The proposed use fits the Comprehensive Plan where this specific piece of property falls under the Residential High (RH) zone district to which this application is molded around. Off Street Parking – Adequate parking (designed per Table 7-302A Minimum Off-Street Parking Standards By Use) has been established as part of this PUD application. Since this is only a residential neighborhood, all required parking has been established as off-street at each property (garage and driveway)… no parking lots required. Density – The density of the proposed plan is one residential unit per .7 acres. The property is services by public water, sewer and electricity Housing Types – This PUD application will provide for 6 duplex housing units (housing 12 families). Although the size of this PUD doesn’t require provisions for Affordable Housing (per Section 8-102), we feel as though our plan will accommodate more affordable options due to our desire to build duplex housing units. The concept of sharing roofs, foundations, driveways, utilities… allow for efficiencies when it comes to the cost of construction. Ultimately, due to the lower costs of construction, this concept will allow for a more diverse neighborhood, welcoming-in families that normally wouldn’t have the means to afford this style of living Transportation and Circulation Systems – This PUD includes one road with a cul-de-sac at the end. The Design Standard calls out for a Rural Access road type, which is based on the anticipated Design Capacity called out in Table 7-107 (Roadway Standards) of the LUDC Recreation Amenities – Due to the size of this PUD application, no direct recreational amenities will be included within this property. Indirectly, due to the location of this PUD application, endless near-by amenities will be within a 5-10 minute drive from this property (including fishing, skiing, hiking, fitness, rafting…). Building Heights – All building heights will be regulated by the attached PUD Guide. Careful consideration has been given though, to the building massing (which includes going vertical) within this PUD. Such things as sensitivity to view corridors and appropriate scaling to the 4 Mile Road corridor have dictated building heights within the property. Lots – In order to maintain the ‘rural’ feel and characteristics of the 4 Mile corridor, we have doubled the allowable minimum lot size so that this development fits-in better with the surrounding developments and residences. We feel that a development that isn’t sensitive to the needs of the community as a whole, would not blend-in and become a burden to the surrounding communities and residences. Phasing – Upon official approval of this application, planning towards construction on this property will begin. Standards, Article 7. The PUD meets the standards within Article 7, Division 1, excluding 7-101, Division 2 and Division 3. This has been addressed in Section 6 (Response to Article 7) of this PUD application submittal Rezoning Criteria. The PUD meets the Rezoning Review Criteria in section 4-113.C. Refer to Section 5 (Rezoning Justification Report) of this PUD application submittal Established Zoning Standards. The PUD Plan adequately establishes uses and standards governing the development, density, and intensity of land use by means of dimensional or other standards. This information has been addressed in Section 11 (PUD Plan) of this application submittal