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HomeMy WebLinkAbout1.0 Application• • Kent Jolley 532 Traver Trail Glenwood Springs, CO 81601 945-1010 w 945-9525 h March 24, 1995 Garfield County Building & Planning Department Garfield County Planning Commission Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 RE: The Cedars P.U.D. Application (formerly the Jolley Subdivision) Dear Commissioners: Attached herewith, please find the plans and information required by the Garfield County Zoning Regulations, for an application for a P.U.D. Richard and Mary Jolley are the present owners of the property. We are currently going through the process of obtaining a subdivision exemption for the subject parcel, at which time it will be conveyed to Kent and Brett Jolley. They will be the owners of the P.U.D. The Joileys have owned 120 acres on Elk Creek outside of New Castle since the early 1925, when Malcolm Jolley (Richard's father) acquired the property for his sheep ranch. The parcel we propose to develop is topographically separated from the rest of the ranch by County Road 245. The property is a sloping bench which lies above the county road. Ground cover consists of sage, cedar, pinion, and natural grasses. Although the property is close to town, it is very private, and will not adversely impact the adjoining property owners. We are proposing the P.U.D. to maximize the potential of the ranch without taking the productive land out of production. The subject property is not irrigated, it is dry and has little agricultural value. We are proposing the P.U.D., which was recommended to us by the Garfield County Planning Commission at their March 8 meeting. At that time we had submitted a sketch plan proposing eight two acre Tots. We are now proposing a development of ten lots, which we feel maximizes the potential of the property without compromising the property's natural building sites. We want to stress that this plan was built around the available building sites, with a goal of providing a private site with unobstructed views. Ron Liston and Jeff Simonson • • have been hired and involved from the start to insure this project will be done professionally. We feel that we have created a quality project . ,ch is desparately needed in Garfield County housing market. Very ,truly your /i - Kent Jolley Brett Jolley, Richard Jolley (/ Mary Jolley /r SUBDIVISION NAME: OWNER: ENGINEER/PLANNER/SURVEYOR: Jeff Simonson -Engineer, Ron Liston planner M;ri__Caolbaugh— Surveyor, Nick Lampiris-Geologist LOCATION: Section NEI/4SE1/4 25 Township 5 S Range 91 W • • Sketch Vlan X Preliminary Plan Final Plat SUBDIVISION APPLICATION FORM The Cedars Richard & Mary Jolley WATER SOURCE: Town of New Castlf SEWAGE DISPOSAL, METHOD:_ Septic Tank anti =ch ftelri PUBLIC ACCESS VIA: County Road 245 EXISTING ZONING: A/R/RD EASEMENTS: Utility Electric, telephone, tv, and gas along Goutaaty Road 245- Ditch Coryell Ditch TOTAL DEVELOPMENT AREA: (1) Residential. Single Famiy Duplex Multi -family Mobile home (2) Commercial (3) Industrial (4) Public/Ouasi-Public (5) Open Space/Common Area 4.5 acres_.__ TOTAL: Number Acres 10 13.2 acres Floor Area Acres sq. ft. sq.ft. PARKING SPACES: Residential. Commercial Industrial • • APPLICATION FOR A ZONE DISTRICT AMENDMENT Garfield County, Colorado March 24 , 1995 APPLICANT: Kent Jolley ADDRESS OF APPLICANT: 532 Traver Trai 7 Glenwood Springs, CO 81601 Proposed Zone District Amendment from: A/R/RD Lot Size: to: P.U.D Approximately 17.7 acres Applica is Signature In support of this zone district amendment application, the petitioner must submit all of the following information: 1. Zone District map of subject property 2. Letter from the applicant stating the proposed zone district amendment and the reasons justifying the zone district amendment 3. List of owners of adjacent property and their addresses as listed in the County Assessors office, including owners of properly separated by public right-of-way 4. Fee of $450.00 - payable to the "Garfield County Treasurer" 5. Vicinity map showing relative location of the property 6. Legal description or copy of the deed to the property 7. Letter of consent from owner(s) of property if other than applicant 5600 56p0 . �. SFr•^ .� • THE CEDARS PLANNRD UNIT DEVELOPMENT LAND USE SUMMARY SINGLE FAMILY LOTS 13.2 ACRES OPEN SPACE 4.5 ACRES TOTAL SITE 17.7 ACRES Acreages may vary sightly with the final survey plat. SCALE 1.- 200' 3/25/95 -N THE CEDARS EXISTING CONDITIONS OPEN PACE 3.5 AC. `ctt 9Q 1.4 A6: r SCALE 1'- 200' 3/25/95 POTENTIAL BUILDING SITE CIRCLE SHOWS 5.000 50. FT. Specific building snvr40p.s to be estob1Fshed by the Horns Owners Architectural Berle. C rrmttt.a. POSSIBLE LEACHFtELD LOCATION 1,250 S0. SHOW THE CEDARS PLANNED UNIT DEVELOPMENT MASTER PLAN SKETCH PLAN 50'R Planning: LAND DESIGN PARTNERSHIP 918 Cooper Avenue Glenwood Springs, CO 81801 309-945-2246 Fax 945-4066 40' Access and Utility Eos.rn.nt • • • • PROPERTY OWNERS WITHIN 300 FEET OF JOLLEY PROPERTY Eric & Shirley Williams 0981 County Road 245 New Castle, CO 81647 Colorado National Bank of Denver, Trustee 015 Attn: Trust Real Estate - CNDT2311 P.O. Box 5168 Denver, CO 80217 Edward McCune & Dirk Larsen P.O. Box 182 New Castle, CO 81647 Douglas Davis 0950 County Road 245 New Castle, CO 81647 Rodney & Tammie Sherman 0926 County Road 245 New Castle, CO 81647 Francis Horwitz P.O. Box 315 New Castle, CO 81647 Carolyn West 0980 County Road 245 New Castle, CO 81647 Kazimierz & Esther Kozak P.O. Box 2647 Glenwood Springs, CO 81602 37 • 80 •107 106 105 104 102 41 1 109 IP 108 24 26 1614,77 4 38 42 42 38 42 41 39 38 37 COLORADO 10 0 10 20 30 40 MILES. 28 109 108 107 28 26 24 4 62 0 32 32 4251 ' 55 NO ATLAS 2, Volume III Prepared by U.S. Department of Commerce National Oceanic and Atmospheric Administration National Weather Service, Office of Hydrology Prepared for U.S. Department of Agriculture, Soil Conservation Service, Engineering Division 106 ELD —r --I— —">— "4 —.-- r "1-114-1.' —11 61 tSOPt_1111'1ALS OF 100 -YR 24 -Illi P*(P1TAT1014 IN TENTHS OF AN INCH FIG. S-7 38 105 104 103 102 1 • LEGAL DESCRIPTION ALL THAT PART OF THE NE1/4SE1/4 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M., LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 245. CONTAINING 17.96 ACRES MORE OR LESS. • • The Cedars Planned Unit Development Proposed Development Concept The Cedars P.U.D. proposes to develop 18 acres (of the 120 acre Jolley Ranch) into ten residential lots. This parcel is not irrigated and has minimal agricultural value (occasional horse pasture) and is naturally separated from the rest of the property by County Road 245. Our goal is to provide alternative housing close to the conveniences of New Castle yet with a private country setting. The Cedars P.U.D. will provide a niche in the real estate market that is in very short supply right now, that being rural lots with the amenities of town. These lots will offer city water, electricity, telephone, cable TV, and natural gas. The natural terrain of the site and heavy stands of cedar trees allow the minimum one acre lots to maintain significant privacy between the building sites. In response to the Planning Commission's suggestions regarding our first sketch plan, we have added two Tots. The P.U.D. process suggested by the Planning Commission allows for a residential design that is sensitive to the site and the needs of the community. The increase of two lots (from our initial sketch plan) is appropriate for this site because of its close proximity to the Town of New Castle, the availability of a central water supply (Town of New Castle), and appropriate soil conditions for on-site wastewater treatment. There are no domestic wells in the area and the water table is very deep (300 feet plus). Because of these factors, there is no potential for ground water contamination from on-site wastewater treatment. As the letters from Jeff Simonson (Schmueser, Gordon, and Meyer Engineering) and Nick Lampiris (geologist) indicate, there should be no problems in installing successful septic systems on these Tots. The reduction of the lot size allows for a much better road grade than would have been possible with the previous sketch plan. A variance from the maximum county road grade of 10% is requested to allow flatter grades through the curves of the road. Specific limitations on road grades up to 12% are included in the proposed zone regulations. The intersection with County Road 245 (which will provide public access to the property) has been relocated to improve sight distance. Access to the site has been improved by the new road design, including the enlarged cul-de-sac which allows for the continuous movement of emergency vehicles. The Burning Mountain Fire District has provided a letter approving this design. The Cedars P.U.D. has been designed with consideration of the natural environment of the site and the surrounding area by limiting building sites and placing them as far apart as possible. The building sites will be located so as to provide the maximum amount of privacy from one site to another. The homes shall be secluded from each other by the wild stands of cedars and pinions and the natural slopes of the property. The covenants create an active Architectural • • Control Committee charged with the responsibility of maintaining the privacy and integrity of the development. The covenants only allow fences for gardens, kennels, or dog runs, with a maximum of a 100 foot perimeter around each dwelling. So that wildlife will not be displaced, at no time shall property boundaries ever be fenced. Dog controls contained in the protective covenants shall be very strict and dogs shall be kept under the control of the owner at all times. There will be a maximum of two dogs per lot, and livestock animals are not allowed. Although the recreational requirements of this project are minimal, 25% of the P.U.D. is proposed as designated open space. The majority of the steeper slopes on the site are contained in the open space tracts to preserve these areas from disturbance. We will pay school impact fees in lieu of dedicating acreage for school sites. We would like to begin our development along the same time frames as county approval permits. We are hoping to have the final plat completed by the end of this summer. Construction of the road and installation of the utilities will hopefully commence immediately after final plat approval is obtained. Our goal is to start selling lots in August or September, and hopefully have homes constructed by the end of the year. This project will be an exciting and much needed addition to the housing opportunities in Garfield County. • • THE CEDARS P.U.D. OBJECTIVES 1) Create a new, unique housing development. 2) Maintain the "country" atmosphere as much as possible. 3) Provide all the services possible to the development. 4) Fill a price niche in the real estate market. 5) Fill a demand niche in the real estate market. 6) Develop this property without adversely affecting the ranch operation or any of the neighbors. 7) Make a return on the money invested into the project. SHEET NUMBER 11 RIFLE AREA, COLORADO (NEW CASTLE QUADRANGLE) U.S.• Department of Agriculture Soi..1 Conservation Service Page - 1 2/2/95, NONTECHNICAL. SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY ... SOL Survey Area"' RIFLE AREA PARTS OF GARP 1.I:L..C) AND MESA (C:)UNTIE Map p Symbol 6 30 Description A CALON FINE:: SANDY LOAM, 6 TO 12 PERCENT SLOPES This deep, well -drained soil is on mesas, alluvial fans, and terraces. The soil formed in alluvium derived from sandstone and shale_ The surface Mayer., is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick_ The substratum is sandy clay loam to a depth of 60 inches.. Permeability is moderate, and available water capacity is moderate. Effective rooting depth Ls 60 inches. Runoff is medium, and the erosion hazard is moderate. HELOTCL-AY LOAM, 6 TO 12 PERCENT SL -OPE:. This deep, well --drained soil is on alluvial fans and sides of valleys. This soil formed in fine textured alluvium derived from shale and sandstone. The surface layer is clay loam about 8 inches thick_ The subsoil is clay loam about .13 :inches thick_ The substratum is clay to a depth of 60 i-nches. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 :inches or more. Runoff :is medium, and the erosion hazard is moderate. IL.DEF=ONSOH...A.ZEAR COMPLEX, 6 TO 65 PERCENT SLOPES This consists of soils on hillsides and mesa breaks_ The Ildefonso soil formed in very calcareous, mixed, stony alluvium derived mainly from basalts and the Lazear 'soil l I ormed i n shale and sandstone residuum. The 11deforrso soil makes ut:) 50 percent of the unit, and the ILazear soil makes up 30 percent. Ildefonso soil is deep and well drained_ The surface :layer is stony loam about 8 inches thick_ The underlying material is very strongly calcareous very stony loam to a depth of 60 inches. Permeability is moderately rapid., and available water capacity is low. Fffc'c.... i.ve rooting depth is more than 60 inches. Runoff is rapid, and the erosion hazard is high. L.azear soil is shallow over bedrock and is well --drained. The surface layer is stony loam about 4 inches thick_ The underlying material is stony loam. Calcareous shale and sandstone are at a depth of 16 _inches. Permeability is moderate., and available water capacity is very low. Effective rooting depth is 10 to 20 inches. Runoff is moderately rapid, and the erosion hazard is high. U.S,. Department of Agri_c. .ares Soi 1' Corr servation Servic NONTECHNICAL.,, SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY • 3O1 Survey Area•... RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE: Map Syrnbo 1 58 67 Description Page ••- 2 2/2/95 POT"T >--IL.DEFONSO COMPLEX. 12 TO 25 PERCENT SLOPES These soils are on mesas and sides of valleys.. The Potts soil formed in alluvium derived 1 rom sandstone, shale, or basalt. The 1.ldefonso soil 'formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. Potts soil makes up about 60 percent of the map unit, and the Ildefonso soil makes up about 30 percent. Potts soil is deep and well -drained. The surface is loam about 4 inches thick.. The subsoil is clay .loam about 24 inches thick. The substratum is loam 'to a depth of 60 inches- Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more_ Runoff is rapid, and the erosion hazard is high. l ldefonso soil is deep and well drained. The surface layer is storey loam about 8 inches thick. The underlying material isvery strongly calcareous very storey loam to a del:>tlr of 60 i nches _ Permeability is moderately rapid, and available water capacity is low. rooting depth is more than 60 inches. Runoff is rapid, and the erosion hazard is high. TORRIORTHE:,'NTS•-'ROCK OUTCROP COMPLEX, STEEP This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils t:hat are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. forr:1orthe nt s - make up about: 60 percent of this complex, and Rock outcrop makes up about 25 percent:. The Torriorthents are on foothills and mountainsides below tI'e Rock outcrop. T'orriorthent:s are very shallow to moderately deep. They are well to somewhat excessively drained.. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones- Permeability is slow to moderate, and water holding capacity is very Tow to low.. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. U.S. Department of Agriculture Page - 1 Soil Conservation Service 2/2/95 SOIL INTERPRETATION REPORT Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol, Soil Name Septic Tank Absorption Fields Dwellings Dwellings with Local Streets Irrigation Without Basements Basements and Roads 6 ASCALON MODERATE Percs Slowly Slope 30 NELDT SEVERE Percs Slowly 35 ILDEFONSO SEVERE Slope Large Stones LAZEAR SEVERE Depth To Rock Slope 58 POTTS SEVERE Slope ILDEFONSO SEVERE Slope Large Stones MODERATE Slope SEVERE Shrink -swell SEVERE Slope Large Stones SEVERE Slope Depth To Rock SEVERE Slope SEVERE Slope Large Stones MODERATE Slope SEVERE Shrink -swell SEVERE Slope Large Stones SEVERE Depth To Rock Slope SEVERE Slope SEVERE Slope Large Stones MODERATE Slope Frost Action SEVERE Low Strength Shrink -swell SEVERE Slope Large Stones SEVERE Depth To Rock Slope SEVERE Slope SEVERE Slope Large Stones LIMITATION Slope Droughty LIMITATION Percs Slowly Slope LIMITATION Slope Large Stones Droughty LIMITATION Slope Depth To Rock LIMITATION Slope LIMITATION Slope Large Stones Droughty U.S. Department of Agriculture Page - 1 Soil Conservation Service 2/2/95 SOIL INTERPRETATION REPORT Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol, Soil Name Shallow Excavations Small Commercial Buildings Lawns, Landscaping, and Golf Fairways Topsoil Drainage ASCALON SEVERE Cutbanks Cave 30 HELDT MODERATE Too Clayey Slope 35 ILDEFONSO SEVERE Large Stones Slope LA1EAR SEVERE Depth To Rock Slope 58 POTTS SEVERE Slope ILDEFONSO SEVERE Large Stones Slope SEVERE Slope SEVERE Shrink -swell Slope SEVERE Slope Large Stones SEVERE Slope Depth To Rock SEVERE Slope SEVERE Slope Large Stones MODERATE Droughty Slope MODERATE Slope SEVERE Slope SEVERE Slope Depth To Rock SEVERE Slope SEVERE Slope FAIR Too Sandy Small Stones Slope FAIR Too Clayey Slope POOR Large Stones Area Reclaim Slope POOR Depth To Rock Small Stones Slope POOR Slope POOR Large Stones Area Reclaim Slope LIMITATION Deep To Water LIMITATION Deep To Water LIMITATION Deep To Water LIMITATION Deep To Water LIMITATION Deep To Water LIMITATION Deep To Water • 1 PROPERTY OWNERS WITHIN 300 FEET OF JOLLEY PROPERTY, 3-16-95 Eric & Shirley Williams 0981 County Road 245 New Castle, CO 81647 Colorado National Bank of Denver, Trustee 015 Attn: Trust Real Estate - CNDT2311 P.O. Box 5168 Denver, CO 80217 Edward McCune & Dirk Larsen P.O. Box 182 New Castle, CO 81647 Douglas Davis 0950 County Road 245 New Castle, CO 81647 Rodney & Tammie Sherman 926 County Road 245 New Castle, CO 81647 Francis Horwitz P.O. Box 315 New Castle, CO 81647 Carolyn West 0980 County Road 245 New Castle, CO 81647 Kazimierz & Esther Kozak P.O. Box 2647 Glenwood Springs, CO 81602 THE CEDARS PLANNED UNIT DEVELOPMENT ZONE REGULATIONS To the extent that specific provisions of the Garfield County Zoning Resolution and the Subdivision Regulations of Garfield County conflict with standards contained in The Cedars Planned Unit Development as approved by the Board of County Commissioners, such zoning resolution and subdivision regulations shall not be applicable and the provisions and standards contained in the approved The Cedars Planned Unit Development shall control. I. Uses, By Right: Single-family and customary accessory uses, including buildings for the shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walls and. similar landscape features. Park and open space II. Uses conditional: Day nursery, home occupation. III. Uses, Special: Studio for conduct of arts and crafts. IV. Minimum LOT AREA: One Acre and as further provided under Supplemental Regulations of the Garfield County Zoning Resolution. V. Maximum Lot Coverage: Twenty percent (20%) VI. Minimum Setback: Front Yard: Twenty-five feet (25') from access easement Rear Yard: (Lot numbers as shown on PUD Master Plan) Lots 1,2,3 & 4 and Lots 9 & 10: Twenty -feet (20') from rear lot line Lots 5,6,7 & 8 Ten feet (10')from rear lot Line Side Yard: Fifteen feet from side lot line. VII. Maximum Height of Buildings: Twenty-five feet VIII. Maximum Floor Area Ratio: 0.200/1.0 and as further provided under Supplemental Regulations of the Garfield County Zoning Resolution. IX. Frontage: Each lot in separate ownership shall have at least twenty-five feet (25') of frontage on the forty foot dedicated access easement which provides access of all lots to County Road 245. X. Road Design Standards: A. Cul-de-sac: 1. Maximum Length: 1,500 feet 2. Minimum Road Surface Outside Radius 64 feet B. Maximum Grade: Ten percent (10%) with twelve percent (12%) grades allowed for distances of not more than two hundred feet (200') when separated from other 12% grades by 200 feet and located in straight sections of road. Twelve percent (12%) grades are to be utilized to reduce the road grades in horizontal road curves of less than 200 root radius. C. Minimum Curve Radius: One curve at the entrance to the site shall be a minimum of forty foot (40') radius. All other curves shall meet the Garfield County Road Design Standards. DECLARATION OF PROTECTIVE COVENANTS THE CEDARS SUBDIVISION Whereas, Richard and Mary Jolley (Declarant) is the owner of that certain real property described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the PUD), which property is situated in Garfield County, state of Colorado, described as The Cedars, a Planned Unit Development (PUD) as the same appears upon the final plat filed for record on -- as Reception No. -- in the office of the Clerk and Recorder, Garfield County, Colorado; and Whereas, Declarant, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots in the PUD does hereby publish and declare that the following terms, covenants, uses, conditions, restrictions, limitations and obligations shall be deemed to run with the land located within the PUD, and shall be a burden upon and benefit to any person or persons acquiring or owning any interest in the PUD, their grantees, successors, heirs, devisees, personal representatives and assigns. 1. The Cedars Homeowners Association: 1.1. Each owner shall automatically become a member of the Association. 1.2. The purposes and powers of the Association are as set forth in its Articles of Incorporation, Bylaws, and the Act and include, abut are not necessarily limited to, the management, control, and maintenance of: 1.2.1. Roadways dedicated to the public; 1.2.2. Easements for utilities, ingress and egress as plated. 1.3. The Association may assign its future income, including its rights to receive common expense assessments, upon an affirmative vote of the majority of the lot owners at a meeting called for such purpose. 1.4. During the period of Declarant control, the Declarant shall the right to appoint and remove officers of the Board of Directors of the Association. In the event the Declarant surrenders such right, it may require, by separate recorded instrument, that certain Association actions shall nonetheless require Declarant approval to become effective. 1.5. Owners of lots shall be entitled to one (I) vote for each lot owned. 1.5.1. The Association shall have the right to enter into agreements with property owners outside the boundaries of the P.U.D. relating to utility, access, and other easements which it deems necessary. 2. Limitations of Structures: Single family residential use only. 2.1. No more than one (1) detached single-family dwelling shall be erected upon any lot inclusive of an attached or detached garage for no more than four (4) vehicles, and except for other building(s) for recreational functions work shop, vehicle storage, or other uses which are approved by the Association and the ACC and are in accordance with Garfield County Regulations. 2.2. No building or structure intended or adapted to business, commercial, or manufacturing purposes, nor any multi -family dwellings, shall be erected, placed, maintained, or permitted upon any lot. 2.3 All structures shall be situated on each lot in accordance with approval by the ACC. No structure on any lot shall be constructed closer to any side or rear lot line or any front lot line than the standard established under applicable Garfield County codes. In locating dwellings, the ACC shall approve its location with as minimal impact on neighboring lots as possible. 2.4. No structures shall be placed or located on any lot in such a manner that will obstruct, divert, or otherwise alter the natural water drainage courses and patterns or irrigation ditch. In any event no structure shall be placed in the bottom or mouth of natural drainage and ravines. No landscaping, driveways, or changes to the existing terrain shall be made which shall obstruct, divert, or otherwise alter such drainage. 2.5. The minimum size of each dwelling shall be not less than fifteen hundred (1500) square feet of finished living space exclusive of basements (finished or not), of open porches, garages, carports, or accessory building and structures. 2.6. No structure shall be permitted on any lot which exceeds the standard established under applicable Garfield County codes. The ACC may further restrict the height or elevation of structures as to not obstruct the view plane of the other owners. 2.7. No building shall be erected by means of other than new construction. Old building will not be moved from previous locations and placed upon a lot. 2.8. All structures shall be constructed so as the exterior is of either brick, stone, lumber stucco, or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another material herein approved. All roofs shall be finished with approved materials. United States Forest Service and Colorado State Forester Wildfire Prevention guidelines should be incorporated into residential site planning and design. 2.9. No structure shall be placed or erected upon any lot which is, ever has been, or could be made the subject of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes, nor shall structures constructed in a fashion and manner as mobile homes be allowed. 2.10. Each structure shall be completed within one (1) year from date of commencement of construction. 3. Resubdivision Prohibited. The resubdivision of a lot by an individual lot owner other than the Declarant is prohibited. Boundary line adjustments which do not result in the creation of additional Tots shall not constitute resubdivision. 4. Utility Lines. No gas lines, light and power lines, telephone lines or television cable shall be permitted unless said lines are buried underground at the owner's expense and out of sight from their primary source at the lot line to the dwelling. 5. Sewage Disposal. All sewage shall be disposed of by means of an individual sewage treatment facility or septic tank and leachfield approved by the local health agencies having jurisdiction thereof. Owners shall maintain such treatment facilities in good operating condition. 6. No Temporary Structures. No structures of a temporary character, trailer, basement, shack, garage, or any other outbuildings of any description shall be used on any lot, except on a temporary basis not exceeding nine (9) months by the owner or construction contractor constructing a dwelling on a lot. 7. No Commercial Use. There shall not be permitted or maintained upon any lot any trade, business, or industry, except "in-house or cottage business" whose employees are limited to the immediate family of the owner, shall be permitted and that owners may rent or lease their dwelling for residential purposes when not required for the Owner's use. renting or leasing of the dwelling may only be done for the entire dwelling. No apartments or other divisible use of the dwelling shall be utilized by anyone other than the owner and owner's guests, and any such use shall be deemed a commercial use and subject to immediate injunction by the Association or other owners. 8. Fences. The ACC must approve the type and location of all fencing prior to installation. In no event will fencing of property boundaries be permitted. Fencing shall be limited to gardens, kennels, or other elements within a one hundred (100) foot perimeter of the main dwelling structure. 9. Animals. 9.1. Domestic Animals. Domestic livestock shall not be permitted in the PUD. 9.2 Lot owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations: 9.2.1. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the PUD. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog(s). 9.2.2. No more than two (2) dogs shall be kept per lot. 9.2.3. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous ten minute period or continual intermittently for over one (1) hour. 9.2.4. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled, or under control of the owner, which shall mean that the dog does not leave the boundaries of the lot or house at all times. Metal fencing will be allowed for the purposes of kenneling a dog. Location of kennels shall be subject to review of the ACC. 10. Maintenance of Property. 10.1. The owner of each lot shall keep the same clean and free of rubbish and trash and shall keep structures thereon in good repair doing such maintenance as required for this purpose. 10.2. The outside burning of trash, rubbish or other materials is strictly prohibited. 11. Vehicles. 11.1. All motor vehicles must be currently licensed and operational unless fully enclosed within a garage or shop. 11.2. No vehicles, boats, campers, trailers, snowmobiles, or other such recreational vehicles shall be parked in view of public right-of-way. 12. Signs. No billboards, signs, or other advertising devices of any nature shall be erected, placed, maintained, or permitted, provided that this restriction shall not be construed to prevent appropriate names and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. 13. Collection of Assessments: Enforcement. 13.1. Assessments: All lot owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: the provision of water to the lot, which shall be metered; expenses and costs of maintaining, repairing, and plowing of reads within and accessing the Subdivision; expenses of the ACC; and insurance, accounting, and legal functions of the Association. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the roadways and other anticipated costs and expenses the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each owner shall be required to pay his prorate portion of these funds. As used herein, an owner's prorate portion of common expenses shall mean a fraction formed by the number of lots purchased and held by the lot owner and the number lots in the Subdivision. The Board of Directors shall have the right during any calendar year to levy and assess against all of the owners special assessments for such purpose or purposes, in accordance with this Declaration, or the Articles or Bylaws of the Association, as may be necessary. Any such special assessment shall be paid by the owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 13.2. Lien for Nonpayment of Assessments. All sums assessed by the Association, including without limitation the share of common expense assessments chargeable to any lot owner, and fines, charges, late charges, penalties, attorney fees, and interest which may be levied on a lot owner, and unpaid utility fees and assessments charged to a lot owner, shall be the personal obligation of the lot owner at the time such assessment or charges becomes due. Such obligation may not be passed to a successor in title, unless expressly assumed by the successor, and such assumption is approved by the Association. All sums shall also constitute a continuing lien against such lot superior (prior) to all other liens and encumbrances, excepting only: 13.2.1. Liens for real estate taxes and other assessments against the lots in favor of any governmental assessing unit. 13.2.2. All sums unpaid on a first mortgage, deed of trust, or other encumbrance of record, including any unpaid obligatory sums as may be provided by encumbrance, except the lien shall have limited priority over such first mortgage, deed of trust, or other encumbrance as provided by the Act. 13.2.3. Liens and encumbrances recorded before the recordation of the Declaration, except as otherwise provided herein or by the Act. If an assessment is payable in installments, each installment shall also constitute a continuing lien form the date it becomes due, including any valid acceleration date. 13.3 Waiver of Homestead Exemption. Each owner hereby agrees that the Association's Lien on a lot for assessments as hereinabove described shall be superior to the Homestead exemption provided by C.R.S. 38-41-201 et seq., and acceptance of conveyance in regard to any lot within the P.U.D. shall signify such grantee's waiver of the homestead right granted in said article of the Colorado statutes. 13.4. Penalties: Notice of Lien. If any assessment shall remain unpaid after thirty days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such a rate as is determined by the Board of Directors. The Board of Directors may impose a late charge and/or penalties on such defaulting owner as may be incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the lot, and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors any may be recorded in the office of the Clerk and Recorder of the County of Garfield, Colorado. 13.5. Foreclosure: Release of Lien. such lien may be enforced by foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The owner shall also be required to pay to the Association any additional assessments against the lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the lot at foreclosure sale and acquire and hold, lease, mortgage, and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sure an owner personally to collect any monies owed the association. any recorded lien for nonpayment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. 14. Enforcement of Covenants and Restrictions. 14.1. Right of Action. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of the Covenants by injunctive relief, on behalf of itself and all or part of the owners of the lands within the P.U.D. In addition, each owner of the land within the P.U.D., including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. After thirty days written notice to any owner of a violation of these Covenants, and the owner's failure to eliminate or cure said violation, the Association, in addition to the other remedies set forth herein, may levy a penalty of $50.00 per day every day the violation exists or continues after the expiration of said thirty day period. 15. Easements shown on Final Plat. The Association is entitled to use such easements as are reflected on the final Plat for the P.U.D. and that are conveyed to it by deed. Except by agreement with an owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 15.1. Easements for Access. The Association may access all lots within the P.U.D. at reasonable times to determine compliance with the conditions of approvals of the P.U.D. granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. 15.1.1. Easements and Right -of -Way for Corryell Ditch. Easements and right- of-way for Correyell Ditch shall be as shown on the Final Plat and have unrestricted access from all roads ash shown on the Final Plat for proper maintenance and repairs of the ditch by authorized personnel of the ditch companies and/or owners of water rights which flow through the ditch. Lot owners shall not restrict the flow of water, siphon, pump, or in any means transport water form the ditch without written authorization from the ditch owner's and water right holders. Further Association Members shall assist in keeping ditches free of refuse and debris as is needed and promptly contact the ditch owners in the event of any leakage, overflow or other detrimental occurrences relating to the ditch. 15.1.2. Easements and Right -of -Ways for Ingress, Egress, and Utilities for Properties Outside the P.U.D. Easements and right -of-ways for ingress, egress, and utilities serving properties lying outside the boundaries of the P.U.D. shall be as indicated on the Final Plat. The Association and/or Declarant shall enter into specific agreements/contracts with the owners of said properties, prior to any construction or use, defining the cost, responsibilities for maintenance, repairs, and replacement relating to easements and right-of-ways. 15.2 Easements for Utilities. Easements and rights-of-way in perpetuity are hereby reserved for the erection, construction, maintenance, and operation of wire, cables, pipes, conduits, apparatus for the transmission of electrical current, telephone, television and radio lines, and for the furnishing of water„ gas, or for the furnishing of other utilities together with the right to enter for the purpose of installing, maintaining, repairing, replacing, and improving the same along, across, upon, and through all roadway easement, right-of-ways, and utility easements and right-of-ways as shown on the Final Plat of the P.U.D. 16. Roadways. All roadways in the P.U.D. shall be dedicated to the public. Such roadways shall be subject to an easement and right0of0way for ingress and egress for the installation and maintenance of utilities. The costs for maintenance, repairs, and snow removal shall be funded by fees collected as assessments by the Association. 17. Lighting. The ACC shall consider exterior lighting plans and will recommend that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards the applicant's property. It will also recommend that all lot owners make every effort possible to limit the use of exterior lighting at night. 18. Architectural Control Committee (ACC). 18.1. No improvements of any kind, including, but not limited to, dwelling houses, garages, fences, parking areas, drives, antennas, flagpoles, walks, and every other type of improvement, shall ever be constructed or altered on any lands within the P.U.D., nor may any vegetation be altered or destroyed, nor any landscaping performed on any track unless three (3) complete sets of architectural plans and specifications for such construction, alteration, or landscaping are submitted to the ACC and approved in writing prior to the commencement of such work. All decisions of the ACC shall be in writing. One (1) set of plans and specifications shall remain on file and become a permanent record of the ACC. If the ACC fails to take any action with thirty days after complete plans have been submitted, then all such plans shall be deemed to be approved; provided, however, that no uses may be authorized or deemed approved unless adequate water resources are available to sustain such use. This provision is not to be construed to require plans for the planting of gardens and the planting of flowers and decorative plants immediately adjoining the main dwelling or on decks or patios. 18.2. The ACC shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations on the land within the P.U.D. conform to and harmonize with the natural surroundings and with existing structures as to external design, materials, color, setting, height, topography, grade, and finished ground elevation. The ACC shall protect the seclusion of each homesite from other homesites as much as possible. 18.3 Architectural plans and specifications submitted shall show the nature, kind, shape, height, materials, floor plan, building elevations, location, exterior color scheme, alterations, grading, and all other matters necessary for the ACC to properly consider and make a determination thereon. The applicant shall also submit a plan showing any proposed landscaping or revegetation required to restore disturbed areas, together with a schedule foe the completion of such work . The ACC shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these Covenants. 18.4. The ACC may grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these Covenants. 18.5. The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such architectural plans. 18.6 The initial members of the ACC shall be: Mary Jolley Anne E. Jolley Jeanne Jolley The initial address for the official correspondence with the ACC shall be 1288 County Road 245, New Castle, CO 81647. Should a member resign or become unable to act, the other members shall appoint a successor. Subsequent to the sale of all Tots, one or more members may be replaced by written designation recorded in the Garfield County Clerk and Recorder's Office showing approval by the majority of the owners. 19. Insurance. 19.1. Not later than the time of the first conveyance to an owner other than the Declarant, the Association shall, to the extent reasonably available, obtain and keep in full force and effect the following coverage: 19.1.1. Property insurance on the common elements as provided by the Act. 19.1.2. Commercial general liability insurance as provided by the Act. 19.1.3. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. 19.1.4. Any additional coverage required by the Act or other laws. 19.2 The Board of Directors, at its discretion or if otherwise required by law, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. The Board of Directors may maintain coverage against such other risks of a similar or dissimilar nature as it deems appropriate. 20. Covenants Run With the Land. These Covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until the year 2015, at which time said Covenants shall be automatically extended for successive periods of ten years unless by vote reflected by singed documents duly recorded by the majority of the then owners, it is agreed to change said Covenants in whole or in part. 21. Termination of Covenants. These Covenants may be lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained. 22. Amendment of Declaration. Except for the right of the Declarant to amend this Declaration or sections which give the Declarant rights, as specified herein or by law, this Declaration may be amended by the vote of sixty-seven percent of the votes entitled to be cast by the members of the Association. Any amendment shall become effective upon recordation, provided a properly certified copy of the resolution of amendment is placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 23. Notice of Lot Owners. Written notice of matters affecting the P.U.D. Association shall be sent to all unit owners by delivering such via regular first- class mail to the addresses of such owners. All owners shall register with the Association an address for delivery of such notice and shall timely notify the Association of any change of address. 24. Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The owners severally agree to indemnify the Association and the Board against loss resulting form such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. 25. Activities of Declarant. The right to conduct certain activities which, notwithstanding any provision contained in these Covenants to the contrary, shall include the right to maintain a sales office, management office, and other such reasonably required, convenient, or necessary for the construction, sale, and management of any lots and improvements hereon. Such facilities may include without limitation a business office, storage areas, construction yards, signs, model home, sales office, construction office, parking area, and lighting and temporary parking structures for all prospective purchasers of lots and/or homes. Declarant reserves such right unto itself, its agents, employees, and contractees. 25.1. Easements. The right to use all easements shown or described on the Final Plat or conveyed to the Association in the P.U.D. or on any other property allowed by law, and to use such easements as in Declarant's discretion may be necessary to the exercise of those rights described. Furthermore, Declarant hereby reserves the right of ingress and egress in and through all lots during the period of construction and sale of any lots for the purpose of any necessary required or requested construction, maintenance, refurbishment, or repair of such lots or any part thereof. Declarant reserves such rights unto itself, its agents, employees, and contractees. 25.2. Rights Concerning control of Association. The right to make the Association subject to a master association, or merge or consolidate the Association with another association of a similar nature or same form or ownership, whether such merger be into and with an existing Association or a subsequently formed Homeowners Association. The property subject to such rights shall include any additional property, not herein described, as allowed by law. 25.3. Use Agreements. The right to enter into, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance, or regulation of facilities. 25.4. Any other rights as allowed by statute or as may be reserved by documents on record with the Garfield county Clerk and Recorder. 26. Declarant Control. The period of Declarant control of the Association shall terminate sixty days after conveyance to the owners other than the Declarant of seventy-five percent of the Tots that may be created. Not later than sixty days after conveyance to owners other than the Declarant of twenty-five percent of the Tots that may be created, at least one (1) member and not less than twenty- five percent of the members of the executive board must be elected by the lot owners other than the Declarant. Not later than sixty days after conveyance to owners other than the Declarant of fifty percent of the lots that may be created, not less that 33.3 percent of the members of the executive board must be elected by the lot owners other than the Declarant. 27. Future Development. All persons purchasing Tots in The Cedars P.U.D. shall take ownership subject to the development rights of the Declarant as herein set forth and agree to not object to development of the property. 28. Rights Transferable. Any special Declarant right or additional right created or reserved under this Declaration for the benefit of the Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in Garfield County. Such instrument shall be executed by the transferor Declarant and the transferee. 29. Severability. The invalidation of any one of these Covenants by judgment or court shall not affect any of the other provisions which shall remain in full force and effect. DATED this day of , 1995. THE CEDARS P.U.D. By Richard C. Jolley By Mary Jolley