HomeMy WebLinkAbout1.01 General Application Documents - Part2Section 5
Final Plat
Section 6
Codes, Covenants and
Restrictions
SUPPLEMENTAL DECLARATION FOR OAK
MEADOWS RANCH, FILING 4B, PHASE III
THIS SUPPLEMENTAL DECLARATION FOR OAK MEADOWS RANCH, FILING
4B, PHASE III (“Supplemental Declaration”), is made to be effective as of the ____ day of
________, 2023, by OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability
company (“Re-Subdivision Declarant”) and is applicable to certain real property located as
legally described on Exhibit A attached hereto and made a part hereof (the “Filing 4B, Phase III
Property”).
WHEREAS, Re-Subdivision Declarant is the owner of Filing 4B, Phase III Property;
WHEREAS, Filing 4B, Phase III Property comprises a portion of Area I, Oak Meadows
Ranch Filing No. 4B, Phase No. III, as such Area I is depicted and described on the plat of
Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. 1, Page
388, as Reception No. 276561, Garfield County, Colorado (the “Oak Meadows Filing No. 4
Plat”), which Oak Meadows Filing 4 Plat depicts and describes all of the lands comprising “Oak
Meadows Filing 4”;
WHEREAS, Oak Meadows Filing 4, including Filing 4B, Phase III Property, are subject
to the terms and conditions of the following: (1) the “General Declaration for Oak Meadows
Ranch Garfield County, Colorado” recorded January 26, 1977 in Book 492 at Page 894, at
Reception No. 276560, Garfield County, Colorado, as amended by the “Restatement of Section
4.8 of General Declaration for Oak Meadows Ranch Garfield County, Colorado” recorded in
Book 521 at Page 932, and at Reception No. 292809, Garfield County, Colorado (collectively,
the “General Declaration”), and the term and conditions of the “Oak Meadows Reorganization
Agreement” recorded August 11, 1995 in Book 950 at Page 56, and at Reception No. 481864
(“Reorganization Agreement”);
WHEREAS, Section 2.6 of the General Declaration sets forth a definition of “Filing 4B”,
which is the portion of Oak Meadows Filing 4 that includes Filing 4B, Phase III Property;
WHEREAS, the Oak Meadows Homeowners Association, a Colorado non-profit
corporation, is the “Association” under the General Declaration;
WHEREAS, pursuant to the Reorganization Agreement, Oak Meadows Development
Corporation, a Colorado non-profit corporation (“OMDC”), is the successor “Declarant” under
the General Declaration, and owns, manages, and operates the Oak Meadows Water and Sewer
System for Oak Meadows Filing 4, including Filing 4B, Phase III Property;
WHEREAS, on July 21, 2008, the BOCC, by Resolution No. 2008-95 and recorded as
Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for Filing 4B,
Phase III Property as “A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot
Phase of a Subdivision Known as ‘Oak Meadows Ranch PUD, Filing 4, Phase III’ and Property
owned by Oak Meadows III, LLC, Garfield County” (“Preliminary Plan Approval”) which
Preliminary Plan Approval, among other things, subdivided Filing 4B, Phase III Property into 25
residential lots, a 32.611 acre common area parcel, and 2.616 acres of quasi-public area;
WHEREAS, the Preliminary Plan Approval was extended 11 times until July 21, 2023;
WHEREAS, on October 3, 2022, the BOCC, by Resolution No. 2022-34 and recorded as
Reception No. 979968 in the records of Garfield County, Colorado, approved an amendment to
the Preliminary Plan Approval for Filing 4B, Phase III Property which included a revised
preliminary plan for Filing 4B, Phase III Property providing for a reconfiguration of Filing 4B,
Phase III Property’s planned 25 residential lots;
WHEREAS, pursuant to the Preliminary Plan Approval Filing 4B, Phase III Property is
further subject to the terms and conditions of the Final Plat of Oak Meadows Ranch, Filing No.
4B, Phase III, recorded _______, _______ at Reception No. _______, Garfield County, Colorado
(“Filing 4B, Phase 3 Final Plat”); and
WHEREAS, this Supplemental Declaration supplements the terms and conditions of the
General Declaration and the Reorganization Agreement, as applicable to Filing 4B, Phase III
Property.
NOW THEREFORE, in consideration of the covenants and agreements hereinafter set
forth, Re-Declarant states and declares as follows:
1. Definitions. Capitalized terms not otherwise defined herein shall have the specific
meanings set forth in the General Declaration and the Reorganization Agreement. Each of the
following capitalized terms shall have the following specific meanings:
a. Re-Subdivision Declarant. “Re-Subdivision Declarant” shall mean Oak Meadows,
Filing 4, Phase 3 LLC, a Colorado limited liability company, its successors and
assigns.
b. Common Areas. “Common Areas” shall mean all real property conveyed to the
Association by Re-Subdivision Declarant, or as dedicated on the Filing 4B, Phase 3
Final Plat, and shall include Native Open Space Parcel 1, Native Open Space Parcel
2, and Native Open Space Parcel 3 as depicted on the Filing 4B, Phase 3 Final Plat.
c. Passive Common Space. “Passive common space” shall mean areas where there are
open fields held in common ownership within which there are no active recreational
amenities. These areas require periodic maintenance in the form of mowing or weed
control and may be traversed by trails, roadways located within Filing No. 4B and
maintained for the use, enjoyment and benefit of owners of sites within Filing No.
4B.
d. Active Recreation Space. “Active Recreation Space” shall mean areas in Filing No.
4B within which recreation facilities have been constructed, or may hereafter be
constructed requiring a disturbance of the earth, including tennis courts, playground
structures, playground areas, parking lots to serve the recreation facilities and other
facilities subject to approval and regulations by OMHOA with the concurrence of
Declarant during the period prescribed by Section 6.4 of the General Declaration.
Such recreation facilities are developed for the use and benefit of areas within Filing
3 and Filing 4, Oak Meadows Subdivision, subject to payment by each area of
operation, maintenance and replacement costs, or costs of future facilities to be
developed on the premises.
e. Utility Space. “Utility Space” shall mean areas designated for installation,
construction, maintenance and use in providing utility service for the subdivision,
including water and sewer. Storage of maintenance equipment for-the benefit of the
subdivision, and for parking and storage of trailers, boats, recreation vehicles, and
other similar uses to be approved by OMHOA for the use and benefit of Filing 3 and
Filing 4, Oak Meadows Subdivision.
f. Native Open Space. “Native Open Space” shall mean those areas depicted on the
Filing 4, Phase 3 Final Plat which shall remain largely undisturbed except for
roadways, trails and utilities.
g. Neighborhood Budget. “Neighborhood Budget” shall mean a written estimate of
revenues and expenses of each neighborhood cost center within Filing 4B together
with allocated common expenses budgeted by OMHOA as the proportionate costs of
expenses common to Filing 3 and Filing 4, Oak Meadows Subdivision.
h. Neighborhood Common Expenses. “Neighborhood Common Expenses” shall mean
those expenses which are designated to benefit solely or primarily the owners of lots
within each neighborhood cost center. Neighborhood common expenses may be
incurred in connection with operating or maintaining neighborhood common areas, or
in connection with providing maintenance, insurance, and other services for lots in
each neighborhood cost center
i. Neighborhood Cost Center. “Neighborhood Cost Center” shall mean lots with similar
characteristics of ownership and maintenance that have been grouped together for
purposes of (a) operating and maintaining neighborhood common areas therein, or (b)
providing maintenance, insurance and other services for lots therein, or the owners
thereof.
2. Deed Restrictions. Section 3.1 of the Reorganization Agreement provides that the “Deed
Restrictions” attached as Exhibit B to the Reorganization Agreement shall be applicable to the
lands comprising Filing 4B, including Filing 4B, Phase III Property, and that “[T]o facilitate
construction and to avoid unnecessary architectural review processes, it is agreed that the
condition and limitations set forth on Exhibit B attached hereto entitled ‘Deed Restrictions’ shall
be applicable, in addition other conditions stated in the subdivision documents.”
Accordingly, the Deed Restrictions attached as Exhibit B to the Reorganization
Agreement, are hereby confirmed as covenants and conditions applicable to the currently
undeveloped portions of Filing 4B, Phase III Property as follows:
(a) Minimum Lot Size. Single-family Unit, 2,000 sq. ft.
(b) All measurements shall be on outside foundation walls, not including open
porches, garages, or carports or common elements.
(c) All structures shall be constructed of either brick, stone, lumber or a combination
thereof. The use of cinderblocks shall not be allowed unless it is faced with
another material herein approved. Log houses shall not be approved.
(d) No structure shall be placed or erected which is, or ever has been, or could be
made the subject of a specific ownership tax as not defined in Title 42 of
Colorado Revised Statutes, nor shall structures constructed in the fashion and
manner as trailers be allowed. Log houses and A-frames shall not be allowed.
(e) All Units (including single-family and multi-family Units) shall have 2-car
enclosed garages, or equivalent enclosed garage space, which shall be used for
vehicle storage and other customary garage purposes, but shall not be used as
dwelling or habitation space under any circumstance. In addition, all Units shall
include within the garage structure a storage area of not less than 80 sq. ft. per
Unit in addition to the standard dimensions of a 2-car garage.
(f) Exterior finishes shall be of natural earth tones or native exterior materials, or
such color or combination of colors as shall be approved by the Architectural
Control Committee.
4. Neighborhood Common Expenses. Neighborhood common expenses shall be segregated
for each neighborhood cost center. Neighborhood common expenses shall be allocated equally
among the owners of lots in each neighborhood cost center.
5. Wildland Fire Protection.
(a) In order to minimize hazards association with wildland fires, all construction on
Filing 4B, Phase III Property shall be consistent with the guidelines contained in
the Colorado State Forest Service publication “FireWise Construction: Site design
& Building Materials”, dated December, 2012.
(b) All roofing materials shall be identified as “Class A” non-combustible materials.
6. Wildlife Impact Mitigation. Re-Subdivision Declarant is committed to a policy of
mitigating adverse impacts to the elk, deer, and numerous other mammals and birds that use or
traverse the subdivisions, particularly the Common Areas, and to that end, users of Filing 4B,
Phase III Property shall comply with guidelines established by the Colorado Division of
Wildlife, including the following:
(a) The provisions of BOCC Resolution No. 99-087 regarding dog control are applicable to
Oak Meadows Filing 4, and users of Filing 4B, Phase III Property shall comply with its
provisions.
(b) Fencing constructed on Lots that border the boundaries of Filing 4 shall be “game
friendly” and shall conform to the following requirements:
1. Wire fences shall be no higher than forty-two (42) inches, with the top wire made
of 12.5 gauge, twisted, smooth wire. Fences shall construction with four (4) or
less strand wires, with a minimum of one (1) foot “kick-space” between the top
wire and the second wire.
2. Round rail or split rail fencing shall be no higher than forty-nine (49) inches, with
a minimum of eighteen (18) inches between two of the rails to allow young
animals to move through the fence. All rails shall be split-rail or round-log type
rails, and shall not be flat rails.
(c) All disturbed areas around structures shall be re-vegetated. Each Owner shall be
responsible for control of noxious weeds on such Owner’s Site.
(d) Trash shall be secured in “bear proof” containers, including during construction.
(e) All grills and BBQs shall be securely housed inside of a garage or other structure when
not in use, and cleaned of leftover food and grease to avoid attracting bears to the area.
(f) Pet food shall not be left outside where it will attract wildlife.
(g) Pets shall not be allowed to roam unattended when not contained within a fence on an
Owner’s Property. Owners are subject to legal action if pets chase or harass wildlife.
Construction workers shall not be permitted to have dogs on-site.
(h) Bird feeders are permitted, but must be hung a minimum of ten feet (10’) off the ground
and shall have a seed catchment.
(i) Owners are responsible for removal of dead wildlife from their Property.
7. Site Restrictions.
(a) Setbacks. Setbacks for each Site shall be as set forth on the Filing 4B, Phase 3 Final Plat.
(b) Building Height. Maximum building height on each Site shall not exceed twenty-five
(25) feet.
(c) Parking. Parking shall be restricted to one side of Lynx Lane, which shall be the right
side of Lynx Lane, as viewed from the intersection of Oak Way North towards Lynx
Lane between the Native Open Space Parcels 2 and 3. The HOA is authorized to enforce
this provision.
(d) Fireplaces. No open hearth, solid fuel fireplaces shall be allowed. One (1) new solid-fuel
burning stove as defined by C.R.S. 25-7-401, et seq, will be allowed in any dwelling
Unit. All dwelling Units will be allowed an unrestricted number of natural gas burning
stoves and appliances.
(e) Lighting. Except as may be necessitated by safety concerns, exterior lighting shall be the
minimum amount necessary, and all exterior lighting shall be situated in a manner so as
to minimize glare to adjacent Sites and Units.
(f) Foundations. All foundations shall be designed by a qualified, licensed professional
engineer, and in accordance with the recommendations in the engineering report prepared
by Hepworth-Pawlak Geotechnical, Inc. April 15, 1998, Job #196 420.
IN WITNESS WHEREOF, the undersigned executed this Supplemental Declaration as of the
date written above.
OAK MEADOWS, FILING 4, PHASE 3 LLC,
a Colorado limited liability company
By: _____________________________
Gary M. Johnson, Managing Member
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ________ day of _________, 2023,
by Gary M. Johnson as Managing Member of Oak Meadows, Filing 4, Phase 3 LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires: ____________________.
____________________________
Notary Public
Section 7
Affordable Housing Plan
_______________________________________________________________
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Affordable Housing Plan – LUDC Article B
[DATE]
Page 1 of 6
AFFORDABLE HOUSING PLAN AND AGREEMENT
OAK MEADOWS RANCH OAK MEADOWS RANCH, FILING 4B, PHASE III
THIS AFFORDABLE HOUSING PLAN AND (the “Plan and Agreement”) is made and
entered into this __day of ____________, 2023, by and between OAK MEADOWS, FILING 4,
PHASE 3 LLC, a Colorado limited liability company (“Developer”) and the BOARD OF
COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County
of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized
representatives and agents (“BOCC”).
WHEREAS, on July 19, 1976, the BOCC, by Resolution No. 76-47 and Resolution No.
76-48 approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak
Meadows Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4,
recorded January 26, 1977 in Cabinet No. 1, Page 388, as Reception No. 276561, Garfield
County, Colorado (the “Oak Meadows Filing No. 4 Plat”); and
WHEREAS, Developer is the current owner of certain lands (the “Property”) comprising
a portion of Area I, Oak Meadows Ranch Filing No. 4B, Phase No. III, as such Area I is depicted
and described on the Oak Meadows Filing No. 4 Plat;
WHEREAS, the Property is an approximately 44.67 acre parcel of land located in
Garfield, County, Colorado, and legally described on Exhibit A attached hereto and made a part
hereof;
WHEREAS, on July 21, 2008, the BOCC, by Resolution No. 2008-95 and recorded as
Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for the Property
as “A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a
Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by
Oak Meadows Ill LLC, Garfield County” (“Preliminary Plan Approval”) which Preliminary Plan
Approval, among other things, would re-subdivide the Property into 25 residential lots, a 32.611
acre common area parcel, and 2.616 acres of quasi-public area;
WHEREAS, on ________, the BOCC, by Resolution No. _________ and recorded as
Reception No. ___________, Garfield County, Colorado, approved an amendment to the
Preliminary Plan Approval for the Property which included a revised preliminary plan for the
Property providing for a reconfiguration of the Property's planned 25 residential lots;
WHEREAS, on ________, the BOCC, by Resolution No. _________ and recorded as
Reception No. ___________, Garfield County, Colorado, approved the Final Plat of Oak
Meadows Ranch, Filing No. 4, Phase III, which was recorded as Reception No.
_______________ on ________________, 2023 (“Final Plat”); and
WHEREAS, as a condition of approval of the Final Plat submitted by Developer to the
BOCC for approval as required by the laws of the State of Colorado, Developer wishes to enter
_______________________________________________________________
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Affordable Housing Plan – LUDC Article B
[DATE]
Page 2 of 6
into this Plan and Agreement with the BOCC, setting forth certain restrictions and conditions
regarding the providing of affordable housing on the Property, all as more fully set forth below.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. Affordable Housing
1.1. Affordable Housing Calculation
Developer shall provide affordable housing mitigation in an amount equal to ten percent
(10%) of the total dwelling units within the Property with fractional requirements of .49
or less rounded down to the nearest whole number and fractional requirements of .5 or
greater rounded up to the nearest whole number. The maximum number of allowed
dwelling units within the Property is twenty-five (25), per the Preliminary Plan Approval.
Therefore, the Developer shall provide up to three (3) Affordable Housing Units,
pursuant to the terms of this Plan and Agreement.
1.2. Mitigation Types
Affordable Housing mitigation for the Property is proposed to be provided as Off-Site
Affordable Housing Units. Specifically, developer proposes to contract with Habitat for
Humanity of the Roaring Fork Valley (HFHRFV) to provide the required affordable
housing units for the Oak Meadows Ranch PUD, Filing 4, Phase III development (the
“Development”).
1.2.1. Location of Off-Site Affordable Housing Units
The affordable housing units are proposed to be constructed within
Comprehensive Plan Study Area 1 (generally Glenwood Springs through
Carbondale areas of Garfield County). The units shall include Deed Restrictions
with either annual appreciation limits, or rental pricing limits. Residents must
meet qualification guidelines as established by the GCHA and any local
jurisdiction, if applicable.
1.2.2. For Sale Affordable Housing Units
The units provided are proposed to be For Sale Affordable housing units.
Residents must meet qualification guidelines as established by the Garfield
County Housing Authority (GCHA).
1.3. Development Schedule
Developer shall provide one affordable housing unit for every eight free market dwelling
units constructed within the Property. Following the completion and issuance of
Certificates of Occupancy for every eight (8) free market dwelling units within the
Property, no additional building permits for additional free market dwelling units shall be
_______________________________________________________________
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Affordable Housing Plan – LUDC Article B
[DATE]
Page 3 of 6
issued until the one (1) Off-Site Affordable Housing Unit has been provided through
HFHRFV, or as otherwise agreed by the BOCC.
1.4. Bedrooms and Unit Sizes
The total number of bedrooms provided in the Affordable Housing Units shall be
determined by multiplying the total number of required Affordable Housing Units by the
average number of persons in a household (2.6), then dividing the result by the U.S.
Department of Housing and Urban Development (HUD) criteria of persons per bedroom
(1.5). For the Development, the resulting number is 5 bedrooms, which is the minimum
required number of bedrooms that shall be provided across all required Affordable
Housing Units.
The following minimum square footage requirements shall be met, with only finished
square footage being counted, excluding garages, carports, and unfinished basement
space:
UNIT TYPE MINIMUM SIZE
Studio 500 sf
1 Bedroom 700 sf
2 Bedroom 950 sf
3 Bedroom 1200 sf
Single Family, detached 1400 sf
1.6 Pricing of Affordable Housing Units
The average price for all Affordable Housing Units shall be dispersed over a range of the
Area Median Income (AMI) levels for low and moderate income families as published
annually by HUD for Garfield County. One Affordable Housing Unit shall be provided in
each of the following three categories:
Category I.
a. Units priced to 70% AMI;
b. Units rented or sold to 80% AMI households or less.
Category II.
a. Units priced to 90% AMI;
b. Units rented or sold to 100% AMI households or less.
Category III.
a. Units priced to 110% AMI;
b. Units rented or sold to 120% AMI households or less.
_______________________________________________________________
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Affordable Housing Plan – LUDC Article B
[DATE]
Page 4 of 6
1.7. Eligibility
Eligibility for Affordable Housing Units will be determined by the Garfield County
Housing Authority and any local jurisdiction, if applicable. Eligible Households must be
given priority for Affordable Housing Units, unless prohibited by funding sources (HUD,
CHFA, etc.). Households must meet all other requirements of the deed restriction. The
owner or manager of any Affordable Housing Unit must document how eligibility was
confirmed and must keep a record of any documents supporting the eligibility
determination.
2. Definitions
Developer: Means Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company,
or any assignee or successor thereof.
GCHA: Means the Garfield County Housing Authority.
HUD: Means the U.S. Department of Housing and Urban Development.
_______________________________________________________________
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Affordable Housing Plan – LUDC Article B
[DATE]
Page 5 of 6
IN WITNESS WHEREOF, Garfield County and the Developer have executed this Affordable
Housing Plan and Agreement dated to be effective as of ____________________, 2023.
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By: ______________________________
Chairman
ATTEST:
______________________________
Clerk of the Board
______________________________
Date
OAK MEADOWS, FILING 4, PHASE 3 LLC,
a Colorado Limited Liability Company
By: ______________________________
Gary M. Johnson, Managing Member
_______________________________________________________________
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Affordable Housing Plan – LUDC Article B
[DATE]
Page 6 of 6
PLACEHOLDER FOR EXHIBIT A
Section 8
Engineering Plans and Reports