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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