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
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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.
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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
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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