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HomeMy WebLinkAbout09.0 DD Staff Report 04.03.2018Mountain Shadows Place Two -Unit Dwelling Units - Exhibits Administrative Review (File GAPA-02-18-8617 - Lot 1, GAPA-02- 18-8618 - Lot 2, and GAPA-02-18-8619 - Lot 3) Applicant is CMH Homes Inc. dba Clayton Homes April 3, 2018 Exhibit Number Exhibit Description , 1 Public Hearing Notice Information Form 2 Receipts from Mailing Notice 3 Garfield County Land Use and Development Code of 2013, as 4 _amended Garfield County Comprehensive Plan of 2030 5 Application Staff Report 6 7 Referral Comments from Garfield County Road and Bridge (dated July 24, 2017) — Lot 1 8 Referral Comments from Garfield County Road and Bridge (dated July 24, 2017) — Lot 2 9 Referral Comments from Garfield County Road and Bridge (dated July 24, 2017) — Lot 3 10 Referral Comments from Mountain Cross Engineering (dated March 24, 2018) 11 ; Referral Comments from the City of Glenwood Springs (dated March 23, 2018) 12 Letter from Niels and Joy Jepsen, Dorothy Snearly, and Eugene Witz (dated March 29, 2018) 13 Letter from Beatrice Viola Vidakovich (dated March 30, 2018) 14 Letter from Marilyn Dorman (dated April 1, 2018) 15 Email from James Kucera and Lorra Nichols (dated April 2, 2018) 16 Mountain Shadow Place Subdivision Restrictive Covenants and Cost Sharing Agreement — Reception Number 903165 17 Mountain Shadow Place Subdivision Improvements Agreement (SIA) — Reception Number 903164 18 Mountain Shadow Place Minor Subdivision Plat — Reception Number 903163 Mountain Shadow Place Two Unit Dwellings GAPA-02-18-8617 (Lot 1), GAPA-02-18-8618 (Lot 2), and GAPA-02-18-8619 (Lot 3) April 3, 2018 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Two Family Dwelling Units (one per lot) APPLICANT (OWNER) CMH Homes Inc. dba Clayton Homes REPRESENTATIVE David Rasmussen and Kate Schwerin LOCATION The properties are located directly west of Western Hills Subdivision and northwest of the City of Glenwood Springs with access off a private roadway and Mountain Shadows Drive LEGAL DESCRIPTION REQUEST WATER/SANITATION ZONING Section: 34 Township: 5 Range: 89 TR IN SWSESW on a property known by Assessor's Parcel No. 211934300006. Subdivided as Mountain Shadow Place Minor Subdivision (Reception Number 903163) Administrative Review Process for one Two -Unit Dwelling on Lot 1, one Two - Unit Dwelling on Lot 2, and one Two - Unit Dwelling on Lot 3 (one application per Lot) within the Mountain Shadow Place Minor Subdivision City of Glenwood Springs / West Glenwood Springs Sanitation District Residential Urban COMPREHENSIVE PLAN Urban Growth Area — City of Glenwood Springs I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for a Two -Family Dwelling Unit on Lot 1, 2, and 3 in the Mountain Shadow Place Minor Subdivision located within the Residential Urban zone district in West Glenwood Springs. The Garfield County Comprehensive Plan identifies the property as being within the Urban Growth Area for the City of Glenwood Springs. Access to the site is via Mountain Shadows Drive and private roadways. The lots are currently vacant. The improvements within Mountain Shadow Place Minor Subdivision have been secured through a Subdivision Improvements Agreement (SIA) approved by the BOCC on February 12, 2018 (Reception Number 903164). The improvements identified within the SIA are required to be completed prior issuance of any Certificates of Occupancy within the development. No changes are proposed to the approved water, wastewater, or access as a part of the Minor Subdivision as a result of these Land Use Permits. Domestic water for all Lots is proposed to be served by the City of Glenwood Springs. Wastewater is to be served by the West Glenwood Springs Sanitation District. Access was reviewed and improvements approved as a part of the Minor Subdivision and secured through the Subdivision Improvements Agreement. In addition, no disturbance within 15' (easement area) of the Reynolds and Cain Ditch which lies on the southern property line of Lot 1, 2, and 3 is proposed. The Applicant has provided the following description and background regarding the project. CMH owns the Mountain Shadow Place Subdivision (MSP) on Mountain Shadows Drive in West Glenwood consisting of Lots 1, 2, and 3. Kate Schwerin and David Rasmussen are representing CMH in the proceedings for the application of LUCP. David has contracted with CMH to build residences on each lot of the Mountain Shadow Place Subdivision. If each LUCP is approved the intention is to put one duplex on each lot and use CMH as the general contractor. When complete the residences will be owned by Kate and Dave. The purpose of this application is to approve the change for Lots 1, 2 & 3 from single-family lot to multi -family with the intention of building one duplex on it. • Surrounding Zoning: Residential Urban • Land use to the south: Multi and Single Family Residential • Land use to the west: High Density Single Family Residential Cluster Homes • Land use to the north and east: High to medium density Single Family Residential II. DESCRIPTION OF THE SITE The Applicant has provided the following description of the site. Lot 1 is 0.345 acres of undeveloped parcel. Lot 2 is 0.175 acres of undeveloped parcel. Lot 3 is 0.314 acres of undeveloped parcel. These parcels are located south of Mountain Shadows Drive, adjacent to the 2 Western Hills Subdivision's western boundary and to the east of Chalet Village. The parcel is legally accessible to the north by a right of way easement that is a direct extension of Mountain Shadows Drive. The county owned portion of Mountain Shadows Drive ends at the western boundary line of the Western Hills Subdivision. The aforementioned access easement was dedicated to use as a right of way for the applicant parcel and also services all Chalet Village properties and the Starr property directly north of the easement, and has proven legal access. See Section 7. Mountain Shadow Place subdivision (MSP) has a Subdivision Improvements Agreement (SIA) that is committed to building an internal roadway and parking area for all three lots. There is room for legal off-street parking for 6 units on MSP, with 4 spaces being reserved for the duplex on Lot 1, 4 spaces reserved for Lot 2 and 4 spaces reserved for Lot 3. If the parking spaces do not exist entirely on its given lot an easement is already in place (see the Plat in Section 2 for details). This parcel slopes from north to the south, with the steepest part being a narrow section at the very north of the property then easing into a gentler grade on the southern end of the parcel. The northern property line of the parcel is about 35 feet higher than the southern property line. The north and northwestern areas of the parcel contain slopes of approximately 15-25% grade. The remainder of the parcel contains slopes of 1-15% grade generally sloping to the south. There is an irrigation ditch on the southernmost part of the parcel that is owned by Reynolds and Cain Ditch Company. The parcel is mostly void of vegetation. There are some trees located along the western boundary of the parcel. There is currently an access drive that exits by way of the northwestern boundary; this will reconstructed as part of the SIA. All access to necessary utilities are located on or around the parcel. A sewer line belonging to the West Glenwood Sanitation District runs along the western and southern edges of the parcel. The City of Glenwood has a water main located under Mountain Shadows Drive north of the parcel. Black Hills Energy has a gas main located under Mountain Shadows Drive north of the parcel. The City of Glenwood Electrical System has electrical lines by the southeast corner of the parcel. 3 Vicinity Map Subject Parcels Mountain Shadow Drive 4 Aerial View of Subject Property 5 Site Plan 6 III. WAIVER REQUESTS FROM STANDARDS The Applicant has requested a Waiver from the following Section. A discussion on this request is described further in this Report. Section 7-107(F), Roadway Standards (Right of Way Width for Access Easement from Mountain Shadows Drive to driveway) IV. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates a Two -Unit Dwelling within the Residential Urban zone district as requiring Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. Referral and Public Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Mountain Cross Engineering (See Exhibit 10): The following comments were submitted. • A copy of the engineered plans supplied to the City of Glenwood Springs for utilities should be submitted to the County. B. Garfield County Road and Bridge (See Exhibit 7, 8, and 9): The following comments were submitted. • "Garfield County Road & Bridge have no concerns with this application. Any Utility taps dug within the County Road right of way will need a Utility Permit from Garfield County Road and Bridge." C. City of Glenwood Springs (See Exhibit 11): The City provided the following comments: • The City indicated that they have no comments or concerns. D. Niels and Joy Jepsen, Dorothy Snearly, Eugene Witz (See Exhibit 12): • Concerned about parking and traffic. • Concerned about the number of families living in a unit. 7 E. Beatrice Viola Vidakovich (See Exhibit 13): • Concerned about consistency with the City's Comprehensive Plan. • Concerned about the distance of sewer lines from property lines. • Concerned about the increased traffic and pollution. • Concerned about the visual impacts. • Concerned about wildlife impacts. • Concerned about suitability of the soils. F. Marilyn Dorman (See Exhibit 14): • Concerned about parking and snow removal. • Concerned about density. • Concerned about stormwater runoff. • Concerned about trespassing. G. James Kucera (See Exhibit 15): • Concerned about parking and snow removal. • Concerned about density. Comments have not been received from the following agencies and departments: Garfield County Environmental Health, Garfield County Vegetation Management, Colorado Parks and Wildlife, Glenwood Springs Fire Protection District, and West Glenwood Sanitation District. VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The parcels are currently vacant. The development of the Two Dwelling Units on the parcels will need to conform to the Zone District Use Regulations for the Residential Urban zone district including all setbacks, easement requirements, height restrictions, and the approved subdivision and Subdivision Improvements Agreement (SIA). 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs Garfield County has an Intergovernmental Agreement (IGA) for Development Review with the City of Glenwood Springs as signed on May 7th, 2001 (Reception number 580572). This IGA designates this development as an "Other Development Application". The subject parcel is approximately 230 feet from the City of Glenwood Springs boundary at the nearest point. Consistent with the IGA, County staff referred this application to the City, who indicated that they have no issues or concerns with the proposed Two -Family Dwelling Units (See Exhibit 11). As a part of the previous Minor Subdivision approval, the City similarly indicated that they have no comments on the 8 development aside from those expressed in the can and will serve letter for connections to City water. The Comprehensive Plan 2030 designates the site as Urban Growth Area as it is within the City of Glenwood Springs Urban Growth Boundary. Excerpts from the Land Use Description Section Chapter 2 and Chapter 3 - Section 1, Urban Growth Areas and Intergovernmental Coordination, as well as the City of Glenwood Springs Comprehensive Pian are provided below. Garfield County Comprehensive Plan of 2030 Chapter 2 — Growth in Urban Growth Areas The Plan recognizes the need for existing municipalities to be able to gradually expand into immediately surrounding areas. The county supports and encourages orderly expansion of existing communities. This Plan recognizes existing municipal plans and strongly supports and encourages infill and redevelopment of existing communities. These growth areas are the preferred locations in Garfield County for growth that require urban level services. They are also the preferred locations for commercial and employment uses that can take advantage of supporting infrastructure and a close by client base that reduces travel demands. The most effective way to encourage growth in designated and planned UGAs will be by ensuring the following: i. Each municipality's plan for its UGA is incorporated into the Garfield County Comprehensive Plan. ii. Urban developments in the UGAs are encouraged to annex into the respective municipality. iii. If there is a public benefit to allowing development within a UGA prior to annexation, the County and municipality will cooperatively endeavor to facilitate such development through such means as: 1. County zoning in the UGAs adjusted to a close approximation of the municipality's plans. 2. Development in the UGA is required to obtain a local review with comment (not approval) before submitting for county review. 3. A procedure for municipal/county review and recommendation to the Board of County Commissioners will be developed in an IGA with each community. 4. Each community is expected to extend services and infrastructure to development in the UGA that substantially complies with their plan for 9 the UGA (landowners and the respective municipality are strongly encouraged to enter into pre -annexation agreements that provide commitments with respect to extensions of services and infrastructure, densities, etc.). Section 1 - Urban Growth Areas and Intergovernmental Coordination Garfield County has worked with municipalities to direct development to UGAs where public services and infrastructure are provided in an efficient and cost-effective manner. Intergovernmental cooperation between municipalities and other public agencies has demonstrated successful collaboration and has resulted in the creation of new partnerships and collaborative efforts on behalf of the residents of the county. Policies: 1. Within defined UGAs, the County Comprehensive Plan, land use code revisions, and individual projects, will be consistent with local municipal land use plans and policies. 2. Projects proposed adjacent to local municipalities requiring urban services will be encouraged to annex into the affected jurisdiction if contiguity exists. 3. Development in an UGA will have land use and street patterns that are compatible with the affected municipality. 4. Within a locally planned UGA, development Applicants will be required to obtain project review comments from the local community prior to submitting for county review. The process should be defined in an executed IGA. City of Glenwood Springs Comprehensive Plan of 2011 Urban Growth Boundary (UGB) The Urban Growth Boundary represents an area that can support urban - level development. Urban development is characterized by densities typical of urbanized areas and by the types of services required to support that development such as water, wastewater, roads, police and emergency services, and other similar services. It also represents an area of future annexation. Although this area lies outside of the city and is subject to Garfield County land use requirements, according to the Garfield County Comprehensive Plan, development and land use within the Urban Growth Boundary should be consistent with the future land use objectives of the municipality. Both the Garfield County and Glenwood Springs Comprehensive Plans recommend entering into Intergovernmental Agreements to assure mutually acceptable land use 10 and development within the Urban Growth Boundary and to determine a process by which land use proposals will be evaluated by both jurisdictions. The Urban Growth Boundary has been determined using the following criteria: • Ability of the City to provide adequate infrastructure, particularly water service, to new development without placing undue burdens on the City's ability to meet current municipal demands while maintaining adequate levels of service. • Areas where there would be a public benefit for the City to manage growth, giving consideration to visual impacts, economic impacts and benefits, open space and environmental benefits, and impacts on schools and other public facilities. • Areas which, if annexed to the City, would simplify the city limits and provide unity of services. • Location of existing topographical features which serve as opportunities or constraints to development. Low Density Residential Low Density Residential is a designation for land that is outside of the city limits but within the urban growth area. This designation consists of single-family residential development that is intended to maintain a rural character. Appropriate development densities will be determined by. among other things, current land uses. topographic constraints, existing and future utility connections, and existing road networks. Land Uses Outside City Limits but within the Urban Growth Area Future land use designations have been applied to properties within the Urban Growth Area. It is intended that these properties within the Urban Growth Boundary be annexed into the city at some point in the future. Among other things, these future land use designations take into account current uses, topographic constraints, existing/future utility connections, existing road networks, and land uses on adjacent properties. Values and Vision for Economic Development Despite a decent level of diversification in the Glenwood economy, the region surrounding the city is greatly influenced by the mining, oil and gas, and construction -related industries. The influence that these industries have on the region makes Glenwood Springs susceptible to the associated boom and bust economic cycles that are typical of 11 western Colorado. Therefore, the City must work to further diversify its economy in order to minimize the impacts of boom and bust cycles. While taking steps to continue diversifying the economy, the City should focus efforts on attracting high -paying jobs to help offset the abundance of low-paying jobs associated with the robust tourism and service industry. Community Goals Supported by Economic Development • Maintain Glenwood's role as a regional center Policies to Enhance Economic Development • The City should encourage the development of a well-trained workforce. • The City should continue to make improvements that enhance the community's quality of life and that make Glenwood Springs a place that is attractive for new businesses and their employees. • The City should actively pursue businesses and industries whose operations and products are compatible with the Glenwood Springs vision. Strategies and Actions to Promote Economic Development Attract Diverse Businesses and Industries - The City should diversify the economy in at least three major ways: creating a community where employers/employees want to live, creating opportunity for new and expanding local businesses, and actively seeking targeted businesses. Ensure an Attractive Community - Good jobs are provided by good employers. Good employers will locate in communities where they and their employees will want to and can afford to live. Allocate Adequate Land - Adequate land for new industries and businesses is limited within city limits. However, what is available will need to be zoned to allow a business easy development. The City should consider revising the zoning code to allow for more flexibility of uses for a structure or site in order to better respond to the industrial and commercial real estate market. An adequate supply of attractive and accessible office space for professionals is also important. The City should consider adaptive reuse of structures and land availability prior to contacting targeted businesses. For new office and retail opportunities, the City should help facilitate redevelopment of existing retail buildings in order to meet evolving retail markets and community needs. To better understand the 12 types of commercial office space needed in the community, the City should conduct an analysis on the amount of space currently existing. Options immediately adjacent to the city limits and within the Urban Growth Boundary should also be examined for the ability to accommodate business and industry. An example site is the parcel north of the Glenwood Springs Mall in West Glenwood where the City could assist in preparing it to become a mixed-use office area or business park. The City should also consider partnering with governments or organizations to plan and possibly develop an industrial park in the immediate area. In accordance with the Garfield County Comprehensive Plan Policies, "Within defined UGAs, the County Comprehensive Plan, land use code revisions, and individual projects, will be consistent with local municipal land use plans and policies." To this end, the Garfield County Comprehensive Plan defers to the land use goals and policies of the local municipalities for land within the UGA. The City of Glenwood Springs Comprehensive Plan identifies the subject property as Low Density Residential on the subject property. It is Staff's opinion that provided the City's policies on economic development as well as the language within the Low Density Residential designation that states that "Appropriate development densities will be determined by, among other things, current land uses, topographic constraints, existing and future utility connections, and existing road networks," the application is in general conformance with the Garfield County Comprehensive Plan 2030. In addition, the City provided comments (See Exhibit 11) indicating that they have no concerns or issues regarding the proposed Two -Family Dwelling Units on Lot 1, 2, and 3 of Mountain Shadow Place Minor Subdivision. 3. Section 7-103: Compatibility The proposed use is located in a residentially developed area in west Glenwood Springs. The Applicant has represented the neighboring uses as follows: The nature, scale and intensity of the proposed use are compatible with adjacent land uses. Western Hills Subdivision (WHS) borders the property to the east. The homes in WHS are primarily single family residence on .45 to 1 acre lots. The properties to the north and south are consistent with the home type and lot size of the properties in WHS. The properties to the west are known as the Village Chalet. The Village Chalet is comprised of very high density single family residences developed on lots between .019 to .034 acres. A couple letters received from adjacent property owners indicate concerns regarding visual and privacy concerns (See Exhibits 13 and 14). As suggested in the letters and in an attempt to increase the level of compatibility of the units with adjacent property 13 owners, Staff recommends a condition of approval that a 6 foot privacy fence be constructed, within the limits of the existing easements and setback requirements, along the residential development area on the western and southern boundary of Lot 1 and the southern boundary of Lots 2 and 3. Generally, it is Staff's opinion that the adjacent residential uses are compatible with the Two Unit Dwelling proposed on Lot 1, 2, and 3 within Mountain Shadow Place Minor Subdivision as the overall density is a transition between Western Hills Subdivision and the denser Chalet Village. In addition, the dwelling unit density within this area is advised by the City of Glenwood Springs Comprehensive Plan and the County Residential Urban zone district. For more discussion regarding compliance with the County and City Comprehensive Plans, please see Section 2, above. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The Minor Subdivision is subject to a Subdivision Improvements Agreement that requires connection of the lots within Mountain Shadow Place Minor Subdivision with water from the City of Glenwood Springs. The Applicant has made the following representations regarding legal and physical water to serve the subdivision: West Glenwood Springs Water District services properties to the East and West of the proposed building site. The City of Glenwood Springs can and will serve this subdivision from the city water main located under Mountain Shadows Drive as stated in a letter dated April 21, 2017. As a part of the approval for the Mountain Shadow Place Minor Subdivision, The City of Glenwood Springs provided the following regarding supplying the parcels with water. The purpose of this letter is provide confirmation that the City of Glenwood Springs can and will serve your parcel of land located in West Glenwood, with domestic water service. This parcel apparently does not currently have a numerical address assigned on Mountain Shadows Drive, but for reference purposes it is located immediately westerly of and adjacent to Lot 10, Block 1 of the Western Hills Subdivision, and is futlher identified as Parcel Number 2119-343-00-006 in the records of the Garfield County Assessor. Normally, water service outside the corporate limits would require a pre- annexation agreement; however, this parcel appears to be located within what was the West Glenwood Water District. When the West Glenwood Water District was dissolved in 1988, the Glenwood Springs City Council adopted Resolution # 88-3, which removed this requirement for parcels within the District as it existed on that date. Prior to final approval of the water service and associated tap, the following conditions must be met: 14 1. Applicant must submit an engineered plan, for the City's review and approval, indicating the proposed tap location, the tap size, curb stop box location, service lateral piping size and material. If a service manifold will be utilized, provide location, sizes, and alignments. We would need an easement to allow access and operation of any and all valves on the manifolded services. 2. If a single -tap approach is allowed for the development, Applicant must formally acknowledge that the City/private demarcation point will be at the curb stop in Mountain Shadows Drive. In addition, a legally responsible party must be identified for maintenance the section of service line beyond the City's shut off valve and the individual curb stops. 3. All applicable system improvements fees, as calculated by the City's Community Development Department, shall become due and payable prior the tap being made on the City's main. 4. An as -built drawing in an AutoCAD drawing file format (dwg) of the service and associated valves shall be submitted for review and approval by the City. Considering the can and will serve letter supplied by the Applicant from the City of Glenwood Springs for water service at the time of Minor Subdivision approval and the security received for extension of the water lines under the Subdivision Improvements Agreement, it is Staffs opinion that legal and adequate water is available for all proposed parcels. Comments were received from the County designated engineer (See Exhibit 10) indicating that final utility plans supplied to the City for water service should also be provided to the County. As the extension of water and sewer service has been identified and secured through an SIA, it is Staffs opinion that the provisions of a Code are satisfied so long as all requirement of the City of the Glenwood Springs and the West Glenwood Sanitation District are complied with. Staff recommends a Condition of Approval that the applicant comply with all requirements and conditions of the City of Glenwood Springs and the West Glenwood Sanitation District in order to obtain water and sewer service to each two -unit dwelling. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The Applicant has indicated that wastewater will be handled by the West Glenwood Sanitation District for Lot 1, 2, and 3. The Applicant has provided the following statement regarding central water and wastewater. Water: A water line from the city main will be run underground on a utility easement along the western portion of the property. Under the Restrictive Covenants and Cost Sharing Agreement Reception #903165 15 (CCR) the three properties making up Mountain Shadow Place Subdivision will maintain the water line from the property line to each service line branching from the main. Each lot will be responsible for maintenance of the service lines running from the main to the lot. Wastewater: The West Glenwood Sanitation District has a sewer main running along the western and southern sides of Mountain Shadow Place Subdivision. The Sanitation District has stated they can and will serve sewer taps to each of the three lots. Each duplex will have a separate sewer line extension running to it. Each lot will be solely responsible for construction and maintenance of the sewer line extensions. The can and will serve letter from the West Glenwood Sanitation District is as follows. The District has the capacity in its wastewater treatment plant and can and will serve the above property with 6.00 EQR for 3 duplexes with wastewater treatment service so long it is within the District subject to the following conditions: • The payment of all applicable tap fees (currently $6, 000/EQR); and • Pursuant to the District's Rules and Regulations, an applicant for sewer service shall reimburse the District for all costs incurred by the District regarding the project, including, but not limited to legal and engineering review. From the information provided, it appears that central water and wastewater will be available to each of the Lots should they be developed with a Two Unit Dwelling. As a part of the approval for the subdivision, Mountain Shadow Place, the property owner has entered into a Subdivision Improvements Agreement and has provided financial security to ensure the extension of the water and sewer lines to the properties prior to issuance of any Certificates of Occupancy. 6. Section 7-106: Adequate Public Utilities The Applicant has provided the following regarding electric and gas service to the Lots. Electric: The proposed subdivision is within the territory serviced by the City of Glenwood Springs Electrical System. The City has adequate capacity to serve the proposed the duplexes in the subdivision. The site plan shows utility easements to allow for an underground line extension from the southeastern corner of the property to a centralized transformer. The utility easement also allows for underground service lines from the transformer to each lot. The line extension to the transformer will be constructed as part of the Subdivision Improvements Agreement. 16 Gas: Black Hills Energy (BHE) has a gas main running under Mountain Shadows Drive. BHE has adequate capacity to serve the proposed duplexes in the subdivision. A gas line from the main under Mountain Shadows Drive will be run underground on a utility easement along the western portion of Mountain Shadow Place Subdivision. The Restrictive Covenants and Cost Sharing Agreement Reception was formed to maintain the gas line from the property line to the centralized distribution manifold. Each lot will be responsible for maintenance of the lines running from the main to the lot. It is Staff's opinion that provided the information within the application regarding utilities to the Lots, that adequate public utilities are available. 7. Section 7-107: Access and Driveways The Applicant has provided the following explanation of the access roads to the proposed development. A. The property has legal and adequate access via an extension of Mountain Shadows Drive in the form of an existing easement along the northern property line. It is safe and adequate per Sopris Engineering and Glenwood Springs Fire Department. Legally the easement is known as: a. Beginning at a point whence the witness corner of the South Quarter corner of Section 34, Township 5 S, Range 89 W of the 6th PM bears S. 65°15'46" East 1,118.085 feet; i. Thence S. 66°24' West 24.03 feet; ii. Thence S. 77°35' West, a distance of 130.89 feet; iii. Thence N. 0°06' West, a distance of 30.71 feet; iv. Thence N. 77°35' East, a distance of 121.40 feet; v. Thence N. 66°24' East, a distance of 34.14 feet; vi. Thence S. 0°06' East, a distance of 32.71 feet to a point of beginning. B. No improvements or modifications to the county road is needed nor proposed for safe access. C. The internal roadway and ROW easement and Mountain Shadows Drive provide adequate capacity to serve the proposed duplexes and the existing residences at Chalet Village and the Starr residence. The additional ADTs of all three duplexes combined will only generate an additional 6.45 ADTs on the internal road and 6.45 ADTs on Mountain Shadows Drive. This increase does not effect the current Rural Access 17 Road Category status of either road (See traffic study/road waiver in Section 5). D. The internal roadway will be dedicated as a public right of way. The Cost Sharing Agreement Reception dictates that the Mountain Shadow Place Subdivision will maintain the internal roadway. E. There will be no significant impacts from hauling, trucks or equipment use to the ROW easement or to the county maintained portion of Mountain Shadows Drive by this proposed LUCP. F. The proposed duplex will utilize the internal roadway that services only the three lots of Mountain Shadow Place Subdivision. The internal roadway has been designed to provide adequate access as a semi - primitive road for the three lots. The internal road meets county guidelines for maximum grade, lane width, shoulder width, cross slope and shoulder slope. A road waiver has been submitted with this application to decrease the ROW width, minimum radius and turn around requirement for dead end streets. The designed ROW width and roadway radiuses provide for safe and adequate access as determined by Sopris Engineering (see road waiver forms in Section 5) and allow for the road design to fit the subdivisions area see email in Section 7 from the Glenwood Springs Fire Department. 1. Circulation and Alignment- will comply 2. Intersections- technically not applicable, however the subdivision will self -regulate and implement a stop sign at the end of the internal roadway where it meets Mountain Shadows road. 3. Street Names- will comply 4. Congestion and Safety- the existing ROW easement extension of Mountain Shadow road has been servicing 16 properties more than adequately for over 35 years. The Glenwood Springs Fire Department supports the plan. 5. Continuation of Roads and Dead-end roads a. Mountain Shadows Road is already an existing dead end road. The internal road created by the subdivision on the parcel will have adequate turn around space for a fire truck and emergency vehicles. The placement of the turn around has been approved by Ron Biggers of the Glenwood Springs Fire Department and engineered by Sopris Engineering. b. Emergency and fire egress are demonstrated on the site plan and approved by fire marshal. A "T" turn around is located before parking area. The turn around was sized appropriately to the Dash Pump Truck specified as the largest emergency vehicle necessary for accessing the proposed subdivision. c. Snow storage is to occur on ditch areas to the sides of the 18 internal road and at end of roadway past the parking. 6. Relationship to Topography - will comply 7. Erosion and Drainage — will comply 8. Commercial and Industrial — n/a 9. Emergency Access - The Glenwood Springs Fire Marshal has reviewed our site plan and has found the road satisfactory for emergency access. As per the Fire Departments determination, sprinkling systems will be installed into all buildings proposed for this subdivision. 10. Traffic Control - We propose a stop sign be placed on the internal roadway at its intersection with Mountain Shadows Drive. 11. & 12. Erosion, Drainage and Ditches - Sopris Engineering has provided a storm water detentions plan and road design that meets county standards for the internal roadway. The following is a breakdown of the review discussions and issues identified by Staff. a. The application was referred to the Garfield County Road and Bridge Department (see attached Exhibit 7, 8, and 9). Mike Prehm of Garfield County Road and Bridge indicated that Road and Bridge has no issues with the proposed access. Comments from Road and Bridge did note that "Any utility taps dug within the County Road right of way will need a Utility Permit from Garfield County Road and Bridge." b. The Applicant has supplied information stating that the private access road from the end of Mountain Shadows Drive to Chalet Village does not meet the Minimum Right of Way Width of 50'. As a result, the Applicant has provided a letter from Sopris engineering requesting a Waiver from these Standards in Section 7-107. This letter indicates that the road is generally adequate despite not meeting these standards. The Applicant's engineer has provided the following comparison of the County Roadway Standards from Section 7-107 to those proposed. Following Policy 01-14, Sopris Engineering reviewed the Roadway Standards for the proposed internal road, for Mountain Shadows Subdivision with our Road Waiver on May 17th, 2017. The proposed subdivision will now have a final build out of three duplexes. Our pervious letter, for a road waiver used the Institute of Transportation Engineers, (ITE), Trip Generation 7th Edition states to state that single family home has an Average Daily trip of 9.57 per unit. Under the ITE standard ADT's for duplexes is 5.86 per unit. The total number of units for the proposed subdivision is 6, resulting in 36 ADTs. The increase of 7 Average Daily Trips leaves the internal road 19 in the Semi Primitive category of Table 7-107: Roadway Standards. The resulting increase in ADT's will not increase the Roadway standards, thus we request that the Road waiver be modified to reflect the building of Duplexes instead of single family homes. Under the previous Road Waiver approved by the county the existing road currently has 154 ADTs, and an additional 20 ADT's, putting Mountain Shadows Drive into the Rural Access, design standards category of Table 7-107 of the Garfield County Land Use Code, Article 6. The proposed duplexes will only increase the ADT's on the external road from 174 to 181 ADT's. This results in the road staying in the Rural Access Road Category, under Table 7-107. As previously stated in our Road Waiver from May 17th, currently the roadway meets all the designs standards of the county, but the minimum Right -of Way width. The existing road is platted with a Right of Way of 30'. This has functioned for many years as is and has been adequate for the usage and safety of the roadway. Since the proposed subdivision is not increasing the usage in the next category, being a Secondary Access, we request the county approve the Road Waiver for the building of Duplexes instead of Single Family Homes. c. The internal subdivision access road was reviewed and approved to serve an ultimate buildout of 3 Two Unit Dwellings as a part of the Mountain Shadow Place Minor Subdivision. At that time, the access was reviewed by the Garfield County designated engineer, along with applicable Waivers, as well as Garfield County Road and Bridge Department and the Glenwood Springs Fire Department. While the roadway has not yet been built, the requirements for construction of the access road have been secured through a Subdivision Improvements Agreement. Prior to issuance of any Certificates of Occupancy within this development, the requirements of the Subdivision Improvements Agreement must be satisfied and the financial security must have been released by the Board of County Commissioners. d. While the internal access road has been dedicated to the public as a part of the Mountain Shadow Place Minor Subdivision, the roadway connecting from this access road to Mountain Shadows Drive (a County road) is private. The ability for the proposed development to connect from the approved Mountain Shadow Place Minor Subdivision to the Mountain Shadows Drive was reviewed as a part of the Subdivision approval. Based on the legal opinion from Michael Sawyer of Karp, Neu, Hanlon, P.C. that was provided at the time of subdivision as well as a part of this application for Two Unit Dwellings, it is Staff's opinion that the access is legally adequate. Provided the waiver requests from the Applicant and prepared by Sopris Engineering and the review that was conducted as a part of the Minor Subdivision review, it is Staffs 20 opinion that the roads accessing the proposed Two Unit Dwellings meet the requirements of the LUDC. 8. Section 7-108: Natural Hazards As a part of the Minor Subdivision review, the Application represented that, with exception to some steep slopes, there are no noted natural hazards on the site that would impact the proposed development. Specifically, the Applicant represented the following at the time of Subdivision. No significant hazards exist where development is proposed for the road or the newly created lots. To north of the access roadway and to the west of the roadway and lot 1 there are slopes in excess of 30%. These areas of slope are indicated by shading on the site plan. These areas will be controlled for erosion with vegetation suitable for the slope grade. Topography in the new lot areas where new structures will be located range from 1 to 10% grade. The property is not subject to debris flows, flooding, avalanche, alluvial fan etc. In response to the identified issues with slopes in excess of 20% and 30%, the Applicant has added a building envelope on proposed Lot B which keeps development out of areas with slopes in excess of 20%. Comments were also received from the County Public Health Department, regarding radon (See Exhibit 14). These comments are as follows: Homes constructed on the subdivided lots should be constructed using radon resistant new construction (RRNC) standards. Radon is very prevalent in Glenwood Springs, with nearly half of homes at levels above the "action limit" of 4 picocuries per liter of air (pCi/L). New construction standards make radon mitigation much easier than retroactively doing the work on an existing home. See the EPA website for more information. Also as a part of the Minor Subdivision review, Sopris engineering provided the following regarding slopes in excess of 20% within the development. As a result of this request, a Waiver from the slopes in excess of 20% (Section 7-207(F)) was granted. In response to item 116 of Garfield County's review of the Minor Subdivision submittal, Sopri Engineering would request a design waiver, from Section 7-207(F) of the County's Land Use Code. After further review, we have determined that on Lots 2 and 3 have slopes of less than 20% and are in compliance with Section 7-207 (F). Lot 1 has a portion of the Northwest corner of the Lot with manmade excavation (fill), which was placed many years ago for construction of the neighboring access. The resulting fill is greater than 20% slopes. 21 A home built on Lot 1 will be constructed with a walkout basement. The site plan layout, including access was done in a way that most of or all of the slopes greater than 20% will be eliminated once a home is built on Lot 1. Once the house (walkout basement) is backfilled on the west, north and east sides the grade will be less than 20%. It is in our opinion that the proposed project as laid out is a better plan, then moving the building within Lot 1 to avoid the slopes greater than 20% and leaving the steep grade as it exists today. As required by the Mountain Shadows Place Minor Subdivision, all residential structures within the subdivision be constructed to meet the Radon Resistant New Construction (RRNC) standards. Staff recommends a condition of approval requiring RRNC as a part of an approval for the Two Unit Dwellings. The application was reviewed by the Colorado Geological Survey (CGS) as a part of the Minor Subdivision review. CGS stated that they have no objection to the subdivision but did provide a few recommendations. These recommendations are included on the plat and noted below. These recommendations are based around concerns regarding hydrocompaction and subsidence of the soils in the area. These recommendations are as follows: Hydrocompaction and subsidence due to dissolution of gypsiferous material. The site soils are derived from and underlain by, at an unknown depth, Eagle Valley Evaporite containing the soluble minerals gypsum, anhydrite, and halite. The surficial debris fan deposits are likely to be loose, low density, low strength, and hydrocompactive, meaning they can lose strength, settle, compress, or collapse under loading and/or when water infiltrates the soils. Thick columns of compressible or collapsible soils can result in very significant settlement and structural damage. Sinkholes, subsidence, ground deformation and settlement due to collapse of solution cavities and voids are active processes in the Roaring Fork Valley, and are an unpredictable risk that should not be ignored. ❑ Lot -specific geotechnical investigations consisting of drilling, sampling, lab testing and analysis will be needed, once building locations have been identified, to: determine the thickness and extent to which the soils beneath each proposed structure are subject to settlement or collapse under loading and/or wetting; characterize soil and bedrock engineering properties such as density, strength, water content, swell/consolidation potential and bearing capacity; determine depths to groundwater, bedrock, and any impermeable layers that might lead to development of a 22 perched water condition; determine the feasibility of full -depth basements, if planned; and provide earthwork, foundation, floor system, subsurface drainage, and pavement recommendations for design purposes. It is imperative that grading, surface drainage, and subsurface drainage are correctly designed, constructed and maintained to prevent wetting of potentially collapsible and expansive soils surrounding foundation elements. ❑ If conditions indicative of subsidence or sinkhole formation are encountered during site investigations or construction, an alternative building site should be considered or the feasibility of mitigation alternatives should be evaluated. ❑ Techniques such as engineered, rigid foundation design, geotextile ground reinforcement, and/or strain isolation trenches should be considered to reduce subsidence -related risks. ❑ Current and future owner(s) should be made aware of the potential for sinkhole development, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole during or after construction. Staff recommends carrying forward a condition of approval that the Applicant follow the recommendations of the geotechnical investigation conducted at the time of Minor Subdivision Review, construct the units with RRNC, and follow the recommendations made by CGS. 9. Section 7-109: Fire Protection The Applicant has provided the following explanation regarding fire protection. The property is served by the Glenwood Springs Fire Department and is located about 3.4 miles from the fire station. A city fire hydrant is located on the opposite site of Mountain Shadows Drive from the north west corner of the property (see site plan). The Glenwood Springs Fire Department has indicated that the hydrant is sufficient to serve the subdivision for fire protection. Due to the location of the site and associated access the Fire Department will require and homes built in the proposed subdivision to be sprinkled. At the time of subdivision, the Glenwood Spring Fire Department reviewed the plans for access to the development. It was determined at that time that the access from Mountain Shadows Drive is adequate including the proposed Fire -Truck Turn Around. 23 Conversations with the Glenwood Springs Fire Department indicated that their concerns with the proposed development were addressed at the time of Minor Subdivision. At that time it was noted that because of the access issues and limited water flow in the area, the homes need to have fire sprinklers. As a result, a condition of approval was added to the Subdivision requiring that the units be sprinkled. Staff recommends carrying this requirement forward and including it as a Condition of Approval should the Two Unit Dwellings be approved. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands As the Lots are not currently in agricultural production, no agricultural land will be taken out of production as a result of this development. In addition, the surrounding parcels are used for primarily residential uses, so no impacts on adjacent agricultural uses are expected. 11. Section 7-202 Wildlife Habitat Areas The subject parcel is within an area that is heavily developed. The Applicant has represented the following regarding impacts to wildlife. The property has not been identified as critical habitat for deer, elk or other major wildlife classifications. There are no known raptor nests, roosting sites etc. In general, the property is in a semi urban area with a long history of human habitation in the area. Because of this it is unlikely that wildlife find long-term habitat with the exception of minor foraging potential. This Minor Subdivision application was referred to Colorado Parks and Wildlife, who provided the following feedback at that time. Colorado Parks and Wildlife (CPW) has reviewed the application materials for the subdivision of a 0.833 acre parcel located on Mountain Shadow Drive in West Glenwood Springs. This parcel is surrounded by existing residential developments and wildlife impacts resulting from the proposed activity are anticipated to be negligible. However, CPW does consider this a high bear activity area and suggests that any new developments utilize all measures to eliminate bear attractants and reduce human -bear conflicts. Recommendations from CPW include the following: 1. Require new residents to use bear -proof trash containers, or create a bear -proof centralized trash pick-up location. 24 2. Encourage new residents to follow "bear aware" practices including: feeding pets indoors and storing pet food indoors, cleaning BBQ grills after use, removing bird feeders during summer months and/or at night, only placing trash out on morning of pick-up, not composting food waste outside, etc. 3. Prohibit fruit, berry, and nut producing trees and shrubs from landscaping plans. Eliminating attractants and being "bear aware" is imperative for reducing conflicts and avoiding habituation of bears to urban environments. As a part of the final CCRs approved with the Minor Subdivision (See Exhibit 16), the CPW comments were incorporated into the operating documents for the development. 12. Section 7-203 Protection of Waterbodies The Applicant has represented the following regarding the protection of waterbodies. There are no water bodies such as lakes, reservoirs or rivers on the property subject to the Minor Subdivision. There is a ditch along the southern property boundary and this will not be disturbed. The easement for the ditch is 15' from the center per the Reynolds & Cain Ditch Company. All building will happen at least 25' from the ditch. As ditches do not qualify as a Waterbody under the LUDC, the property owner will only need to comply with the ditch easement. No other waterbodies have been identified on the subject parcel. No disturbance within 15' of the Reynolds and Cain Ditch is proposed. 13. Section 7-204 Drainage and Erosion The Applicant has provided a Drainage Report prepared by Sopris Engineering. This report has the following conclusion. The increased storm water runoff from the proposed site will be routed through surface swales and detention ponds before leaving the site. The 24 hour runoff rates represent incidental flows which cannot realistically be controlled. The increased volume of runoff however will be detained onsite, which will attenuate the runoff to some degree, and will allow for infiltration into the existing soils. The Applicant has also represented the following regarding drainage and erosion as a response to this Standard. All activity will take place on less than 1 acre of land and is thus not subject to CDPHE permits. Positive drainage away from structures will 25 be designed. The Engineer's Report addresses the issue of drainage and erosion, taking care to avoid adjacent properties. There are no water bodies within 100 feet of the property, or will there be 10,000 square feet or more of impervious surface area. Storm water run-off will be to stable, vegetated areas that will be resistant to erosion. The site design shall minimize direct connection with impervious areas by including vegetated buffer zones between impervious surfaces such as roofs or patios. The drainage and erosion plan prepared by Sopris Engineering was reviewed by the County designated engineer and approved as a part of the Mountain Shadow Minor Subdivision. In addition, as noted previously, the soils were analyzed by Colorado Geological Survey as a part of the subdivision review. The improvements necessary to ensure that drainage and erosion meet County standards have been secured through a Subdivision Improvements Agreement. Final completion of these improvements need to be made prior to issuance of any Certificates of Occupancy within the development. In addition, the engineered drainage and erosion plans submitted as a part of the Minor Subdivision application were reviewed and approved by the Garfield County Designated Engineer. 14. Sections 7-205 Environmental Quality No abnormally high water or air quality issues are anticipated from the proposed project. The impacts from the Two -Family Dwelling Units are anticipated to be similar to those from other residential development in the area. 15. Section 7-206 Wildfire Hazards The subject lots are identified as predominately Not Rated according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no fire chimneys are known to exist on the property. The Applicant has submitted a Waiver request stamped by Sopris engineering for a small portion of the property that has slopes over 20%. With this development limitation, Staff feels that wildfire danger on this property is within manageable levels and is consistent with the Code requirements. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, it is Staff's opinion that the natural and geologic hazards identified on the subject property are within a manageable range with the conditions as proposed. 17. Section 7-208 Reclamation No disturbance that would require separate reclamation is anticipated as a result of the creation of the proposed Two Unit Dwellings. As a result, a reclamation plan separate from the proposed Landscaping Plan is not applicable. As a part of the building permit 26 associated with the Two -Family Dwelling Units, the developer will be required to comply with best management practices as required in the Building Code as well as the grading and drainage plan secured through the Subdivision Improvements Agreement. The Applicant has provided the following regarding general reclamation. The application includes the following regarding reclamation. Areas not directly related to the improvement of the property and are disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: The application provides the following description regarding Compatible Design. The Minor Subdivision application complies with these sections. A. Site Organization: The proposed lots are similarly oriented in terms of front and side yard relationships to neighboring lots. The roadway and parking design provides the most compact, economical usage of land and allow for future access to maintain underground utility lines. Pedestrian access in not applicable. The proposed lots will have equal solar access. 8. Operational Characteristics: The proposed subdivision is designated for residential construction and no objectionable operation characteristic are expected. C. Buffering: No required buffering is anticipated. Land uses are similar and there are no foreseen incompatibilities because of being adjacent to a different zone district or land use. D. Materials: Appropriate materials for a residential use will be selected. It is Staff's opinion that, with the fencing proposed in Section 3, above, the proposed Two Unit Dwellings on Lot 1, 2, and 3 within the Mountain Shadow Place Minor Subdivision are generally compatible with surrounding residential land uses. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists per the Land Use Code for each Lot to serve each proposed Two Unit Dwelling. Due to the arrangement of the lots and the access roadway, the Applicant has designated easements on adjacent parcels to accommodate the parking for each Lot. 27 Despite meeting the Code required amounts of off-street parking for the Two -Family Dwelling Units, two letters (Exhibit 12 and 14) express concerns related to the amount of parking provided. The Land Use and Development Code Table 7-302(A) requires that each unit have 2 off-street parking spaces. Per the approved Minor Subdivision, 5 parking spaces have been provided for Lot 1, 4 for Lot 2, and 4 for Lot 3. This is a total of 13 parking spaces for the 3 Two Family Dwelling Units while a total of 12 off-street parking spaces are required. The Minor Subdivision approval also allocates the spaces between each Lot. Approve Mountain Shadow Place Minor Subdivision Plat — Showing Parking Locations and Applicable Easements two a vow, Nr LA- .• • V44140 n•.•.f r.Ar.. Kdau • I'M port AMA w„ 19r) . + • �"d:. �• • — ..w.,. ..,. 1 =e', •ort o int,• .ori ,.aa 0.140 At l �� 021 FN. L01J ODA a• .1.013•N E' 1• WESTERN HILLS SUBDIVISION Vol • r.... . LEGEND •.rwuwn •u. • •••••••••••••••••••••1 eI rr•w.i•i•w..w•r:«A •. Npl� • w+.ra.w...•,.,••aw ••0..v • ▪ wee•Wt•••....w• 0101. 20. Sections 7-303 Landscaping Standards: The application represents the following regarding landscaping. The landscaping plan complies with code standards. See Section 2. Plants compatible with local climate, soils, drainage and water conditions for the site will be utilized. When possible drought -resistant varieties and native plants will be utilized. Existing, healthy vegetation will be preserved as much as possible. 28 Mountain Shadow Place Minor Subdivision — Landscape Plan 21. Section 7-304 Lighting: All exterior lighting will need to be downcast and comply with County standards. 22. Section 7-305 Snow Storage Standards: Adequate snow storage exists on the property. Adequate locations for snow removal was reviewed by the County designated engineer at the time of subdivision review. 29 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that, with the recommended conditions and Waivers, the proposed Two Unit Dwelling on Lot 1, 2 and 3 of the Mountain Shadow Place Minor Subdivision is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code of 2013, as amended. Staff, therefore, recommends approval with conditions for a Two Unit Dwelling on Lot 1, Lot 2, and Lot 3 of the Mountain Shadow Place Minor Subdivision. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions and waivers from the Section 7-107, Roadway Standards the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Conditions of Approval 1. All representations of the Applicant within the application shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. All development shall comply with the requirements of the Subdivision Improvements Agreement (SIA) (Reception Number 903164) and Mountain Shadow Place Minor Subdivision Plat (Reception Number 903163). In addition, in accordance with Paragraph 11 of the SIA, no certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by the SIA. 3. A 6 foot privacy fence shall be constructed, within the limits of the existing easements and setback requirements, along the residential development area of the western and southern boundary of Lot 1 and the southern boundary of Lots 2 and 3. Demonstration of completion of the fence shall be provided to the Building Department prior to issuance of any Certificates of Occupancy for Lot 1, 2, or 3. 30 4. All residential buildings shall have fire sprinklers installed prior to issuance of the Certificate of Occupancy. 5. Any utility taps or other disturbance within a County Road shall obtain a Utility Permit from Garfield County Road and Bridge. 6. All exterior lighting shall be downcast and shielded and comply with Section 7- 304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 7. All dwelling units within Mountain Shadow Minor Subdivision shall be served by City of Glenwood Springs water. The property owner(s) shall comply with all requirements from the City of Glenwood Springs for connection to the municipal water system. 8. All dwelling units within Mountain Shadow Minor Subdivision shall be served by the West Glenwood Sanitation District for wastewater. The property owner(s) shall comply with all requirements of the West Glenwood Sanitation District for connection to the District's wastewater system. 9. All residential buildings shall be constructed using Radon Resistant New Construction (RRNC) standards. 10. Building/foundation design shall comply with the geotechnical investigation conducted at the time of Subdivision approval. A copy of this geotechnical investigation shall be included with all building permit applications for all residential buildings and compliance with this investigation shall be demonstrated at that time. 31 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ® My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 16 day of March , 2018 X All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. n/a All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] n/a: see LUCP application for details ■ Please attach proof of certified, return receipt requested mailed notice. O My application required Published notice. Notice was published on the day of , 20 . • Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 20 Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. 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Ofd 7 -S S PS Form 3800, April 2015 P N 7r,•;+0•Irp•alp,-;fir+i 4531 Irl Postmark ai /Heco.re l Y[ h • 4 1. -„ r.,, hclryiclions U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.Com,. 'r11 t!• 1 .,k - 1 . ortlftod Mail Foe $3 45 xlni orvicoa : 1-ses (chock box, trddfee ellIntiefel) ❑ Return Receipt (hardcopy) S V v tr ❑ Return Receipt (electronic) $ 0— ❑ Cert ied Mall Restricted Delivery $ $0. rift ❑Adult Signature Required $ slLi_ ❑ Adult Signature Restricted Delivery $ Postage $ Foto Postage and F ft 95 $0.50 S Seal To - 0531 p NN! DAf8 Pastrnluk 44 Here 16/20 :'L KI bo 41I 1 .. Se Ruvotse for Inelructiuns �iiJ iaj �l AA i Ai PS F00113800, 3800, April 2015 PON Sital- 251'. See Reverse for Instructions EXHIBIT Garfield County Road & Bridge March 5, 2018 GAPA-02-18-8617 Mountain Shadow Place Minor Subdivision Lot 1 Garfield County Road & Bridge have no concerns with this application. Any Utility taps dug within the County Road right of way will need a Utility Permit from Garfield County Road and Bridge. Thanks for the opportunity to review Mike Prehm Foreman Garfield County Road & Bridge (970) 625-8601 Office (970) 625-8627 Fax. EXHIBIT (I:: Garfield County Road & Bridge March 5, 2018 GAPA-02-18-8618 Mountain Shadow Place Minor Subdivision Lot 2 Garfield County Road & Bridge have no concerns with this application. Any Utility taps dug within the County Road right of way will need a Utility Permit from Garfield County Road and Bridge. Thanks for the opportunity to review Mike Prehm Foreman Garfield County Road & Bridge (970) 625-8601 Office (970) 625-8627 Fax. Garfield County GAPA-02-18-8619 Mountain Shadow Place Minor Subdivision Lot 3 Road & Bridge March 5, 2018 Garfield County Road & Bridge have no concerns with this application. Any Utility taps dug within the County Road right of way will need a Utility Permit from Garfield County Road and Bridge. Thanks for the opportunity to review Mike Prehm Foreman Garfield County Road & Bridge (970) 625-8601 Office (970) 625-8627 Fax. March 24, 2018 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT RE: Mountain Shadows Place: GAPA-02-18-8617, GAPA-02-18-8618, & GAPA-02-18-8619 Dear David: This office has performed a review of the documents provided for the Mountain Shadows Place Two Family Dwelling Units Applications. The submittals were found to be thorough and well organized. The review generated the following comment: 1. The Applicant provides utility information that seems to be applicable for single family units. The Applicant should provide more information on how the individual duplex units will be served: meter locations, tap locations, etc. The letter from the City of Glenwood Springs requests that an engineered plan for utilities be submitted. A copy of this should be provide to the County. Feel free to call if you have any questions or comments. Sincerely, Mount i fr1J Cross Engineering, In is Hale, PE l 826'/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak EXHIBIT From: Hannah Klausman <hannah.klausman@cogs.us> Sent: Friday, March 23, 2018 8:27 AM To: David Pesnichak Subject: FW: Mountain Shadow Place - Two Fam Dwellings - Referral Request Attachments: Mount Shadow Place - Two Fam Dwellings - Referral Request Form.pdf Dave, have reviewed the attached application for two duplexes in the Mountain Shadow Place Minor Sub. The City of Glenwood Springs has no comment or issue on this application. Thank you for the referral. Hannah Klausman Planner II City of Glenwood Springs 101 W. Eighth Street Glenwood Springs, CO 81601 970.384.6407 (p) 970.945.8582 (f) hannah.klausman@cogs.us From: David Pesnichak [mailto:dpesnichakc Barfield-county.com] Sent: Friday, March 02, 2018 12:19 PM To: Kelly Cave <kcave@garfield-countv.com>; Morgan Hill <mhili@Barfield-countv.com>; Wyatt Keesbery <wkeesbery@garfield-county.com>; Steve Anthony <santhonv@Barfield-county.com>; Hoyer - DNR, Scott <scott.hover@state.co.us>; Gretchen E Ricehill <gretchen.ricehill@cogs.us>; Chris Hale <chris@mountaincross- eng.com>; Ron Biggers <ron.biggers@cogs.us>; jvwgsd@outlook.com Subject: Mountain Shadow Place - Two Fam Dwellings - Referral Request Hello, The Garfield County Community Development Department has received an application for an Administrative Review Land Use Change Permit for one Two -Unit Dwelling on Lot 1, one Two -Unit Dwelling on Lot 2, and one Two -Unit Dwelling on Lot 3 (one application per Lot) within the Mountain Shadow Place Minor Subdivision (Reception Number 903163) located within the Residential Urban Zone District and the City of Glenwood Springs Urban Growth Area. The Lots are located directly west of the Mountain Shadows Subdivision and east of Chalet Village. Access is proposed to be served off Mountain Shadow Drive and private roadways. Water is proposed to be provided by the City of Glenwood Springs. Wastewater is proposed to be provided by West Glenwood Sanitation District. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your 1 3/29/18 Dave Pesnichak Senior Planner Garfield County Dear Dave, EXHIBIT RECEIVED MAR 30 2018 GARFIELD COMMUNITY E OP COUNTY ENT We live in Chalet Village. We are against the proposed three duplexes because of concerns over parking, and increased traffic in our neighborhood. Planned parking may meet code but it does not reflect reality in West Glenwood. Subdivisions do not provide enough parking for the amount of people that live in them. An example is the cars that are parked on Center Drive belong to the townhomes next to Gregory Park - a subdivision that provided enough parking according to code. Drive on any road in the Western Hills subdivision & notice the number of vehicles parked at the houses. It's way more than two per home. There is barely enough parking in the Chalet Villages. This subdivision with duplexes will inevitably have more vehicles than parking spaces. What will we do when they try to park in Chalet Village? What recourse will we have? There are 15 small houses in the Chalet Villages. If 3 duplexes are approved that brings the number of units to 21 - a 40% increase. The traffic study says this will only increase traffic by 20%.Really? The proposal says an HOA will be formed. It is unknown how many families, family members or people per unit will be allowed. How can you determine parking needs & traffic impacts when you don't know the number of people per unit? More people equals more vehicles & more traffic. You can estimate impacts from codes & standards but if your estimates are wrong the surrounding neighbors have to live the consequences. We have no problem with 3 single homes but think 3 duplexes are not right for this neighborhood of single family homes. We request that the proposal be denied. Thanks for your consideration of this matter. Regards, 1W Niels oy Jd Dorothy Snearly (77. E gene Witz Marina Ortiz Andrea Turner/Eric Seifert March 30,2018 Beatrice Viola Vidakovich 0215 Donegan Rd Box 1072 Glenwood Springs, CO. 81602 EXHIBIT 1,3 RECEIVE! MAR 3A 2018 GARFIELD COUNTY COMMUNITY DEVELOPMENT ATTN: Garfield County Director of Community Development Dear Sir: As I shall be directly affected by the proposed Land Use Change Permit from CMH Homes, Inc. regarding the Mountain Shadow Place development, I would like to express the following concerns: 1. The City's Comprehensive Plan identifies the area as Single Family Residential, which I understand would be,"....comprised primarily of single family detached homes and duplexes on a variety of lot sizes...". Does this imply that there should be a combination of single family and duplex structures, or, is this proposal for only duplexes compliant? I am concerned that the high density of 3 duplex structures does not align with the current vision of quality development of the City of Glenwood Springs. 2. The sewer easement runs along my property line on the west side of this proposed development. What are the legal stipulations for distance of such utilities from existing property lines? 3. The ADTs listed for this property (5.86 X 6 units) would appear to impact the overall ADTs currently allowed on the external road. This also concerns me regarding the increased noise pollution imminent for this area. 4. Although the developers state that the impact of the development regarding visualization of such is non-existent, I feel very directly opposed to that view due to the fact that it is very visible from my property line located on the western boundary. Looking at the plans, I do not see any substantial mitigation proposed to buffer the view of that property. If this development is approv ed, I would request that a berm and barrier fence of 6 - 8 feet be constructed on the west boundary at the expense of CMH Homes, Inc. in good faith to prevent such visual impact. In addition, due to the fact that all bedrooms in my home are in direct visualization (located on the east side of my home) of this property, the impact from the generation of vapor, dust, smoke, noise and vibration will be significant. The developers stated that they estimate only 6 trips/day at existing access points during construction. This seems like an extremely underestimated claim. 5. In contradiction to the developers plan, the slope of the lots does not create natural privacy for current residences on the west or south boundaries. As stated in #4, I feel there needs to be substantial mitigation regarding this issue. 6. I am also very concerned regarding the claim by the developers that there is not regular wildlife migration through this property. I have lived at my current address since February of 1976. There is a very direct, regular and predictable flow of deer and sometimes elk across this property site that I have witnessed for 42 years. I definitely question and have concerns of their assessment of this situation. The high density of their proposal increases that level of concern. 7 My final concern focuses on the soil studies done. These indicated that the majority of the development was in Zone B regarding water absorption and runoff. However, the AOI showed that a large amount of acreage above the development site is in Zone D which is prone to excessive runoff due to the limited ability of the soil type to absorb water. We have many issues like this in our valley where developments are located in areas that are prone to excessive runoff and this results in mud and rock slides. This property sits directly in line of such a Zone. Will there be some sort of mitigation to protect this property on the north boundary? In summation, having lived in Glenwood Springs for 64 years, I have witnessed many changes in our community. Some good, some necessary, some not so good. I would hope that a high degree of diligence be incorporated into all decisions of further development to the area. The impact of poor decision-making for narrow, limited gain can be very difficult, if not impossible, to undue or from which to recover. I appreciate the opportunity to provide input to this process and have hopes that my concerns will be considered and addressed by the your department. Sincerely, Beatrice Viola Vidakovich Garfield County Community Development attn: David Pesnichak, Senior Planner 108 Eighth Street, #401 Glenwood Springs, CO 81601 EXHIBIT April 1, 2018 re: Reception Number 903163, Mountain Shadow Place Minor Subdivision, Lot 1, Lot 2 and Lot 3 Mr. Pesnichak: I am a homeowner whose property is adjacent to the southern boundary of the above mentioned Lot 1. I spoke with Glenn on Friday regarding questions and concerns about the proposed duplexes to be built on the 3 lots. Glenn was helpful in showing me the file of information submitted with this proposal. He also suggested that I might write a summary of my concerns for you. One of the first concerns is the proposed density of six units for this subdivision. It was not immediately clear whether these are intended to be single story or two story units. It does appear that at least a third of the property will be devoted to a steep driveway to navigate the significant descent from Mountain Shadows Drive. My personal experience with nearby duplexes would suggest that six units will be very crowded. The four small duplexes next door to me house 9 (or maybel0) adults and 9 children, with 16 associated vehicles. Experience leads me to wonder how fire equipment could negotiate the steep driveway, and how a snowplow might navigate it, and where they would pile the snow in a normal winter. I also consider the parking allotment for 12 vehicles to be inadequate. I understand that a lower portion of the property will be devoted to a "depression" intended to catch runoff in the event of significant rainfall. As the resident of the property below this depression, I will be wondering about its adequacy every time there is a big thunderstorm. Since there is an open, landscaped section of the irrigation ditch along the property line, I also questioned whether the ditch authority has been notified regarding these plans. We also have an ongoing issue with people crossing through private property as a "shortcut" to and from Mountain Shadows Drive. I've seen someone going up the private drive next door and climbing up through the now vacant lot several times just in the last week. The neighbor next door on the east side, whose bedroom is nearest to my house, has told me in the past of people walking right down across my deck and through the front yard between the houses in the middle of the night. I suggest that the developers consider fencing or other barriers to discourage folks from using their new driveway as an improved shortcut through their property. I have limited options regarding fencing on my side because of the requirement to keep access open for the ditch company. 1 also have pictures taken with a motion sensor camera of bears and other wildlife using the ditch access as a busy thoroughfare at night. Is there anything in the proposal regarding bear proof trash collection? Thank you for your consideration. Marilyn Dorman PO Box 2693 Glenwood Springs, CO 81602 237 Donegan Road email: mdor@rof.net Cell 970-618-7484 David Pesnichak EXHIBIT 1 L `3 From: Jimmy Kucera <jimmykucera@sopris.net> Sent: Monday, April 02, 2018 4:54 PM To: David Pesnichak Subject: Comments to File Nos. GAPA-02-18-8617, 02-18-8168 & 02-18-8619 Importance: High Follow Up Flag: FollowUp Flag Status: Flagged Dave Pesnichak Senior Planner Garfield County, Colorado Re: Mountain Shadow Place Minor Subdivision, Lots 1, 2 and 3 (Reception No. 903163) Dear Mr. Pesnichak: We owe three properties at 366, 451 & 451 Mountain Shadows Drive in West Glenwood Springs, Colorado. We are writing to oppose and object to the above -referenced filings for 3 duplexes. While we can certainly appreciate that Kate Scherwin and Dave Rasmussen took the time to visit with us this weekend, we are not convinced that adequate parking is being allowed for and access to the lot does not appear to us to be conducive with the layout of the lot, traffic flow of Mountain Shadows Drive, nor takes into consideration snow removal during the winter. It would be most helpful to be able to view and understand the details of any potential HOA covenants that will be implemented. Such as how many individuals are considered in a single-family home, and whether or not the covenants can remain in full force no matter who the property/landowner is. We realize that every property owner is entitled to develop and build on their investments, and whether we agree or not, this development will more than likely move forward. We are not, however, opposed to the development of 3 single-family dwellings, but 3 duplexes is far more that what the West Glenwood neighborhood and Mountain Shadows Drive can handle. If all 3 duplexes are approved, then conservatively that's additional 24 individuals (a 4 -person family?) residing in the Mountain Shadows Place Minor Subdivision. We respectfully request that you consider denying the application for the 3 duplexes referenced above. Thank you, James Kucera Lorra Nichols 366 Mtn Shadows Drive Glenwood Springs, CO 81601 iinlmykucera@sooris.net (970) 948-5070 Jimmy's cell (970) 945-5696 Lorra's cell 1 1111 11111 Reception#: 9031B5 02112.12018 03:33:37 PM Jean Alberioo 1 of 6 Roc Fee:$38.00 Doo Fee:0.00 GARFIELD COUNTY CO MOUNTAIN SHADOW PLACE SUBDIVISION RESTRICTIVE COVENANTS AND COST SHARING AGREEMENT THIS RESTRICTIVE COVENANTS AND COST SHARINq AGREEMENT (the "Agreement") is entered into this :z 7 day of�i;iiv4r , 201 by and between CMH Homes, Inc. ("Developer"), whose address is 5000 Claton Road, Maryville, TN 37804. WITNESSETH: WHEREAS, Developer owns three parcels of real property in Garfield County, Colorado referred to as Lot 1, Lot 2, and Lot 3 as depicted and described on the Final Plat for the Mountain Shadow Place Subdivision, recorded in the public records of Garfield County, Colorado at Reception No. 9 62 3/63 (the "Final Plat"); WHEREAS, as part of approval for development, Developer entered a Subdivision Improvement Agree ent, recorded in the public records of Garfield County, Colorado at Reception No. dC�e%6 9 (the "SIA"); WHEREAS, Lot 1, Lot 2, and Lot 3 (collectively the "Lots") are accessed by an access easement extending from Mountain Shadow Drive, as depicted on the Final Plat (collectively, the "Access Easement"); WHEREAS, as depicted on the Final Plat, there are parking easements dedicated to each individual Lot for the use of the respective Lot; WHEREAS, further, there are common utilities serving the Lots, as depicted on the Final Plat and described in the SIA, including but not limited to the Sewer Easement ("Utilities"); WHEREAS, a requirement of the Mountain Shadow Place Subdivision as approved by Garfield County was recordation of an Agreement to address cost sharing, restrictive covenants, and the like; WHEREAS, Developer wishes to set forth and memorialize the rights and obligations of current and future owners and assigns of the Lots regarding operation, maintenance, repair, replacement, and improvement of portions of the Access Easement, utilities, and other issues; and WHERAS Developer also wishes to set forth certain restrictive covenants to encumber the Lots, as required by Garfield County. NOW, THEREFORE, in consideration of the foregoing promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 1III fineiVERIL V #i riliorial /I III Recept.ion#: 403165 2 2of262 Rec Fee:$38.00MDoc eFee:0.001GARFIELD COUNTY CO 2. Dedication of Easement. The Access Easement for the access and for the use and benefit of the Lots is depicted on and created pursuant to the Final Plat. The provisions of the Final Plat related to such easement are incorporated herein. The Access Easement may expressly be used by the public for access to Lot 1, Lot 2, and Lot 3. 3. Cost Sharing — Access Easement. The owners of Lot 1, Lot 2, and Lot 3 shall each pay one-third (1/3) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of Access Easement and any improvements located thereon. Approval of any operation, maintenance, repair, replacement, and improvement activity shall be made in advance by the owners of at least two (2) of the Lots. 4. Cost Sharing - Utilities. The Utilities, including any easements therefor, are located on the Lots and for the use and benefit of the Lots, as depicted on the Final Plat and described in the SIA. a. The cost of any maintenance, repair, replacement, or improvement of the Utilities that benefits all of the Lots shall be allocated equally between the Lots (e.g. waterline from the property line to each service line branching from the main). b. Maintenance, repair, replacement, and improvement of the Utilities benefitting any single Lot (either Lot 1, Lot 2, or Lot 3) shall be the responsibility of the owner of the Lot served and the cost thereof shall be allocated to that Lot only (e.g. water line from main to the Lot; individual sewer line). 5. Parking on Lots and Parking Easements. The Final Plat depicts parking for each Lot and creates easements related to parking for each lot, specifically: "Parking Easement Dedicated to Lot 1; "Parking Easement Dedicated to Lot 2;" and "Parking Easement Dedicated to Lot 3." The owner of a Lot shall be responsible for the maintenance, repair, replacement, and improvement, and costs thereof, of the parking spaces located on such lot and for the parking space dedicated to such lot pursuant to a parking easement depicted on the Final Plat. 6. Revegetation. Any portion of the Lots that is disturbed due to such maintenance, repair, replacement, and improvement shall be promptly compacted and revegetated, including replacement of size and type of trees, grasses and other landscaping, with such costs associated as the cost of the work causing such disturbance was allocated. 7. Payment Terms. Any payment due to any party subject to this Agreement shall be due and payable, in full, thirty (30) days from notice thereof. If payment is not received by said due date, the party or parties to whom said payment is owned may file a lien for the amount owed against the Lot owned by the party or parties in arrears. Said lien may be foreclosed in any manner provided for by law, and recording of this Agreement in the 2 1111 Irdrillll aDiliiits++rEAthomi, l L11k 111 Reception#: 903165 02112/2019 03:33:37 PM Jean Rlberloo 3 of 6 Rev Fee_$30.00 Doo Fee:0.00 GARFIELD COUNTY CO real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 8. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owner (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Access Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 9. Other Covenants, Conditions,_and Restrictions. Each of the Lots shall be subject to the following covenants, conditions, and restrictions: a. Wildlife Control: i. Residents shall use bear -proof trash containers, or create a bear- proof centralized trash pick-up location. ii. New residents are to follow "bear aware" practices including: feeding pets indoors and storing pet food indoors, cleaning BBQ grills after use, removing bird feeders during summer months and/or at night, only placing trash out on morning of pick-up (unless in a bear -proof container), not composting food waste outside (unless in a bear proof container) etc iii. Planting of fruit, berry, and nut producing trees and shrubs in the landscaping shall be prohibited. b. Noxious or Hazardous Endeavors: i. Potentially hazardous materials such as paints, oils, pesticides, or fertilizers should be stored properly to prevent them from entering groundwater supplies. As well as owners shall not use noxious or hazardous materials on Lots. ii. Noxious and hazardous defined as any item causing permanent harm to humans, animals or soil. 10. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the 3 IININ16140114ti SWIL040,144114047,11Ailui 111111 Raception0: 903165 4z of Reo Fee:$39,00MDoceFee:O 00IGARFIELD COUNTY CO conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 11. Non -Merger of Easement. This Agreement is entered as a requirement of subdivision imposed by Garfield County. Regardless of the current ownership of the Lots, neither theAccess Easement, other easements created by the Final Plat, nor the terms of this Agreement shall be deemed to have merged into the title of the Lots. 12. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 13. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 14. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. 15. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties 16. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 14 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or 4 1111 11111 Reception## : 903165 02/12/2018 03:33:37 PM Jean Rlberioo 5 of 6 Reo Fee:$38,00 Doo Fee:0,00 GARFIELD COUNTY CO agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 17. Term. This Agreement shall continue in perpetuity. 18. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 19. Pleadings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Agreement. 20. Severability., In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 21 Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 22. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado 5 ■f111 ��R` Ni��Nl�d 1 Me 111 11111 Receptdon#: 903185 02/12/2018 83133:37 P11 Jean Albert= 6 of 6 Ree Fee:338.00 Doe Fee:13.00 GARFIELD COUNTY CO IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: f�7} Name: IvWK s31 VCe. Title: 64CP-P-1 MIAAVialL Date: CMH Homes STATE OF Co l,o rL r,a,Lp ) ss. COUNTY OF YV\Esek. Subscribed and sworn to before me this 2111' day of Zi., 201_, by S h awN , as , of CMH Homes, Inc.. VALERIE A. DOMET NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20044015384 My Commission Expires June 12, 2020 Notary Public Ni l A IML9 m C 6 1111 kris tMA 11.411NA ICIII '(l4Ci aIkidEIlii4r>h 11 III Reception#• 903164 32112!2018 03:33:37 PM Jean Rlberico 1 of 11 Rec Fee :$53.00 Doo Fee:0.00 GARFIELD COUNTY CO MOUNTAIN -SHADOW PLACE -SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this 1 Z day of Fetleupf , 2O12, by and between CMH Homes, Inc. ("Owner") 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"). Recitals WHEREAS, Owner is the owner and developer of the Mountain Shadow Place Subdivision (the "Subdivision"), as depicted on the Final Plat thereof recorded in the public records of Garfield County, Colorado at Reception No. 963/A..../(the "Final Plat"); WHEREAS, as a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Land Use and Development Code, as amended ("LUDC"), Owner wishes to enter into this SIA with the BOCC; and WHEREAS, Owner has agreed to execute and deliver a letter of credit or other security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below; and WHEREAS, the Subdivision is subject to the Mountain Shadow Place Subdivision Restrictive Covenants and Cost Sharing Agreement, recorded in the public records of Garfield County, Colorado at Reception No. '9/.23/6.5-. (the "Cost Sharing Agreement"); and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the requirements of the LUDC, and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i., below ("Subdivision Improvements") at Owner' expense, including payment of fees required by Garfield County and/or other governmental and quasi - governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the fallowing: Plans marked Approved for Construction for all Subdivision Improvements prepared by Sopris Engineering, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the estimate of cost of completion, certified by and bearing the stamp of Owner' s 11 UM firdittirglikiNIIIMMli 11111 Reception#. 903164 02/12/2019 73:33:37 PM Jean Plberloa 2 of 11 FZec Foe:$.63.00 Don Fae,0.00 GARFIELD COUNTY CO protessionaFengineer-licensed in the State of Colorado (Owner' s Engineer), attached to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional 10% percent of the total for contingencies; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the LUDC (Final Plat Documents). ii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi - governmental authority(ies) with jurisdiction. iii. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2, the record drawings have been submitted upon completion of the Subdivision Improvements, and all other requirements of this SIA have been met, then the Owner shall be deemed to have satisfied all terms and conditions of the Final Plat Documents and the LUDDC, with respect to the installation of Subdivision Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE -VEGETATION). a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $122,480.19, representing the full estimated cost of completing the Subdivision Improvements, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC) to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.a. b. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC shall be confirmed within the meaning of the Uniform Commercial Code, Letters of Credit, 4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be at an office of the issuer or confirmer located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph, has been received and approved by the BOCC. c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for the validity of the LOC shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to re- certification by Owner's Engineer of the cost of completion and review by the BOCC. VIII NFNIA �i- IN tril Gngi+� f rnggiCi ' i l lits II III Reaept on# : 903164 02/12/2018 03:33:37 PM Jean Plberioo S of 11 Roc Fae:$63.00 Doc Feu:0.0e GARFIELD COUNTY CO UnnforceableLOC.- 5houltrtne LOC expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Subdivision Improvements, this SIA shall become void and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of LOC", in the form attached to and incorporated by this reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the LOC as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of partial completion of improvements, the BOCC may review the certification and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of ■111 rd171.114tN kr kivlifiNVI4'r: I yi 11111 Reception#: 503164 02/12/2018 03:33:37 PM Jean Alberioo 4 of 11 Rao Fee:$63.00 Doc Fee:0.00 GARFIELD COUNTY CO g• security shall—be authorized for release within ten (10) business days after completion of such investigation. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of LOC, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications, up to the face amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA prior to requesting payment from the LOC, In accordance with the provisions of Article 13 of the LUDC. In lieu of or in addition to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Community Development Department: 1) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents, in hard copy and digital format acceptable to the BOCC; and 2) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit E, along with Owner's Engineer's stamp and certificate of final completion of improvements. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. Iv. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in accordance with the process outlined in paragraph 3.g., above. 4. WATER SUPPLY [AND WASTEWATER COLLECTION. As stated below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water and a wastewater/sewer collection system in accordance with approved plans and specifications. All easements and rights-of-way necessary 111!1Pd 1W%Ii4irlikM11011;11111 Receptloh#: 903164 02/12/2018 03:33:37 F]1 Jean filceriaa 5 of 11 Pee Fee:$63.00 Doc Fee 0.00 GARFIELD CO:JNrY CO tor installation, operauuri, maintenance of such water supply and distribution system(s) and wastewater collection system shall be as shown on the Final Plat. All facilities and equipment contained within the water supply and wastewater collection system(s) shall be transferred by Owner to the Lot owners by bill of sale and managed pursuant to the Cost Sharing Agreement. If a third party water or sewer service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The owners lots of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said roads pursuant to the Cost Sharing Agreement. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended. Pursuant to the Cost Sharing Agreement, the Owners of Lots shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 7. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 8. ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be assessed in relation to the square footage and type of dwelling unit or other structure that is proposed. 9. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the RE -1 School District, calculated in accordance with the LUDC and the requirements of state law. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat $13,680.54 as a payment in lieu of dedication of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the LUDC, 1111 ArdO'1 tiM PllhMIN I10 0idly ill;;i' RWm), II III Reaept ionl3 : 903164 02/12/2018 03:33:37 PM Jean RIberico 6 of 11 Reo Fee;$63.00 Doo Fee:0.00 GARFIELD COUNTY CO The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -1 School District. 10. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 11. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Glenwood Springs Fire Protection District (District), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes [and all applicable District fees have been paid to the District]. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this SIA. 12. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution 13. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 11, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 14. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions 111110111AfrtJikr 1,l1' W14rIL44LIMIRiliali 11III Reception#: 9@3184 02/12/2018 03:33:37 PM Jean Rlberioo 7 of 11 Reo Fee:$&3.00 Doo Fee:0.00 GRRFIELD COUNTY CO of this SIA. 15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 16. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: BOCC: CMH Homes, Inc. c/o Shawn Ruse 5000 Clayton Road, Maryville, TN 37804 Board of County Commissioners of Garfield County, Colorado c/o Community Development Director 108 8`" Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 17. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 18. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. ■iii giET N: r , itth'iM«tfr,ai 11111 Reception#: 903164 02/12/2016 03:33,37 PM Jean Alberioo 0 or 11 Rec Fee:$83.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: AVL W1 Q- -•c.i; `lerk to the Board Date: 4::)— OWNER )— OWNER By: Name: jlndl►i,tiri.::� Title: 1i'A0t- .( ;C g.- Fo7 Date: 1 1 i =f I sir 5 1 1 t � STATE OF C, l o, ,o ) )ss. COUNTY OF I'1 PSG ) Subscribed and sworn to before me by ) h I (MIJM 120 sr -4_' , an authorized representative of , Owner of the Subdivision, this I _ day of ,i t vi w,✓ . 2011. WITNESS my hand and official seal. My commission expires: S - I1 0 .l -$A Notary ublicI JENNIFER NOSTRANT Notary Public State of Colorado Notary ID # 20094025067 My Commisalon Exams fires 08.-10-2021 00 AINf10O 013F3EEi0 00'0:a03 00q 90'095=aa3 .0eS LL 40 0=T-100Tb ueer Wd LE:EE`E0 8LOZfZ1n0 III 111 12,111 �lfl'j r l ' 'fl I1 ill lil�l06 r� l 1111 00..00..• .Dr0D0 m11.,00 Taa..e.mmdmrwm.O.mmb tlmr0Patna pmmm mama 6..m 50014001 14.*p 59em...m w x6. d m eh wadoa 61000 0.50100,00 tmq .10001500000110•0100,1,. 00000,d10:099E1,00,3 Oka. dO. 59000.5e0•34.Taap 50,00.0.1191.00.601,10101,0 Mi bew.mmSmmaemmdm101,000a000em 0000,19d.a0ateaavwevddal.li0, ,.13409,0 .01000000: u .eibaarpNMma001LSMWOTY. 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[mma.aMummemm¢mrl0m.man 4nmmwkema13®•maem 6.0.. memmammtd mpmab.010p,d.m0m *aa..100000,0000oawrm0a,000 000000. a 0aa P a ra=b t0.0.0e10011 Fane _ 900 000, 020e0*10.. Ym.armadm 5D00.0sY .mmm.l.am. SlaTo%eaOU001m mwlrffaamm: .. 1.•m0.00lns0mY0MYY. Ma. 00.... 6p ♦n MIL M no1ES D x.0500 f...e 900. Ort 4030t0,. e,.: iT a 0*e0m•.a.e.100.10•1A 0.00 3,11r.00110TS000020001hDe0W, ,dehS u 1SL...armamfmb00n0d 5100e0.wmr Eomm.lia I9,ia0 m 50.000...4.0100. ▪ 1.00,0•10 �+mama.m9aTmTmpaTm...emmmm®Tm•0.01.s • o is emT>.0•Lte m..ms.d ,b�.md�aaer.nm Ts.mm,.r.b.e 0.0mo..I.asammamxwmam60.secam 04.00 oa5 aye otmm m.PR FINAL PIAT MOUNTAIN SHADOW PLACE BEING SITUATED IN SEKSW= of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M. COUNTY OF GARREW, STATE OF COLORADO. SHUT OF NORTH NIONLINENT LEGEND @ s„m.L'artn hMaana3e DaTa e.s l rlm...w0w.. 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S TlScuvT+rr.+et 0-0. AD e. owATENT0 amvim. 0000,0 -eml'041100. msa.m. 0,00.m0.L * k0UCmaa.mm50010G.ale.lawn90 dead 00 ..:**.e ee ermatpeatart o...elaaw: SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 512 MAIN STREET, SURE A3 CARBONDALE. COLORADO 81623 0701201. 31.1 PRISE.4GOBOPPt r3 COM w0NRYMAP sealer far V a.4m1Mie110Mefadiau s.000.0.104.4.01 -..ti 6•000E0m.,.0AR.w.r1w00o0. pu▪ 00..0.0 0� ..r. e�0.le.i +000. y'•aewme`.lr_aT0, mAe040 En Y w x..0a*. O 0,r+.p.+.ne.l.4..a0 0=0per .Mtawwm.e*Wt.nt O,e 000101130. cm.•n.a.w..en...tn.ae-x rea+...3w.r-...r�e.eea..wa. wwl,ae.. e,.6 •il••m• Olm*&w0d.0,00,dman 0.0010,00 Com rSmrerin Cent.. Armed b mem.and tom •10eM0000 ems, dm6yio0dabma doffing puma* m CRS 1631-101md10LaR 4,51 A..:-- Earwmnmmsm6Ter AT, t,aemx el 1..1.1.1 L the mdmmpmd. deemmrmlWem ate a.m...d m to. 010 Ibt 0 ,0aae®Tec Pmand. •Imm pari 0,100mdnpmrd 00. Piave mea 05T1:5 •.. 0yd 9,q 9056 nw,mer0..0Doody SmeeamA00117ee t Urasd.p•.,05 r0wt W, 0.510 eh.4rr4a Wa•wnren.rtr.doer NOwmemvaad Cohnind.altnkw.ekav6,a.rnx.e as:r0a 00.01..0000.. coram 0,n..01010,L I.t 4 AP[a00pM sti.ImMe.x Hn 9,w. hate. emm hen 9,r emvae moms.' W ea.mte]e h 00• w ase yspf• ,••, •d une.'r..rrv. d*•e rant. erayL e• soh,maermpren u0d war yadP•r e..pax.mra,rTama�xm.><.,T..enm�a�l.w6.atr~eil- >ec.am�ac •.- r..w.amrm...c l.m.war. n...... wLl tTatiLryd =e -101f• MAD S 0200.. WmadeamkWwlra.0 366Tara2611,3 ldewaw MINN Teeadb W 01&eel la 0010..0000 40040 Cam..Cmdm.N 0•dpl_mUn_dard-IDIS*edit* nmalds @R�rim (laked Pamir. FINAL PLAT MOUNTAIN SHADOW PLACE BEING SITUATED IN SES65W7t of SECTION 34, TOWNSHIP 5 SOUTH RANGE 89 WEST, 6TH P.M. COUNTY OFGARFIELD, STATE OF COLORADO. SHEET OF rvin eiLiGENi.: aulLEI Na w �• MOUNTAIN SHADOW DRIVE (As Platted) Art 511;1'4 4440 111111.4,4:::$4414S4f441.• 0:4:44:44. ,ItiO4,41.444.4,4t,4 4414 .444#4W1:14")*4.444V*414.144i11"0 44. 4.0 Lori zEn+w. } WESTERN HILLSISUBDIVISJON MT I& Wir-raelia, LOT I.O]6Avot •, LOT 2.0.15Ms. .n =-, LOTS ..0.314••••• 11 V.Z.• ACCFSU, Y EC ESS. PF5'f,YY a OW fY &XEIrtNT+,le,S AMA .D.729Ps * raIin PIC Na MUSS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO R1623 ES70i 70.,x,,., e• nffi,...r..m,., ix.„nu, ...,.. J. L uL tepeaS pPnarirA09¢ E•.•`•WU1w wEnrn. 1041 • ff • • 01. u t UM LEGEND • ,A1121ev tO?1 Pi NmmvA¢aN,m: ENDXwED�,®ro tar] ft?y, NOT MIMUMO SMIRCUuum1D 1m, IOTA MaEmeD�A,mro lIMMCISOIMMINIMEL MIMIC r• UMW MYMONT •ULAMTDNND„ MOXUMENT LEGEND • • INWATE• SE! x, , X®nn•O, POO. CPA N,•Al0D4_5 aeo III l��l��llllii. NORTH GDA"NC SCALE isr,t' U3 61..7 FEU 1111 tirariliChWitg UMW IcaliMiNikki III Reception#: 803164 p0 of111 Rec3fieel$0 PPC DocnFee:0 00 GARFIELD COUNTY CO MOUNTAIN SHADOW SUBDIVISION SE Job # 17078 November 10th, 2017 EXHIBIT B Engineers Opinion of Probable Costs ITEM NATURE OF WORK QUANTITY UNIT UNIT COST ITEM JOB •. M1 1IAODIUZATI0N CIVER114L $ITEI:, -.,.-•••:.-:,•-•- :'..... .. . .. . •. •.. ; .._ :; ; : JOB JUB !.3 LS _ S 5,000.00 S 2,b00:L0 . __ $ 5,000.00 $ 2,500.00 dITIPML OVERALL Sire. r,ouu,oe- .: _ ." ' VTlL1TY:AMP,fiOVEIAAP.lIiS�?;•irY'.ls,��.;i::, , : ;• -•. � =' : �..:: _ := :.; ..:..:.; .,, 4,,.,r; � ::_...". .,�.;.' L.;: '''.T.77�:.i. x;.; .-. ..: _ �P' �::i`'w'f'i _.. U1 4108'TAPPING SLEEVEAND VALVE 1 EACH S 3,500.00 S 3,500.00 U2 4' DIP 220 LF $ 35.00 $ 7,700.00 U4 1 112" WATER SERVICES 3 LF $ 1,000.00 S 3,000.00 U5 SEWER SERVICES 2 EACH $ 1.500.00 5 3.000.00 U0 0LECTRICAIIMPROVEMENTS (ESTIMATE PROVIDED OVGWSELECTRIC) 1 LS 0 7,240.06 S 7.240.96 SUBTOTAL WATER= i 24,440.06 SITE IMPRO.VEMENT3 :; .: _ 81 S2 ASPHALT 3" THICK 87 105 TON C.Y. $ 180.00 S 42.00 $ 15,680.00 S 4.410.00 G" CLASS a ABC S3 EXCAVATION 2.140 C.Y. $ 19.00 S 40,680,00 59 STORM DRAINAGEt1NCLUDES EXCAVATION OF DETENTION PONDS) 1 LS 5 1.500.00 8 1,500.00 85 EROSION CONTROL 1 LS S 2,500.00 $ 2.500.00 SUBTOTAL WATER= 1 04,730.00 I LSj •.. 5,000.00 S 5,000.00 0 01 CONSTRUCTION SURVEY, CONSTRUCTION OBSERVATION TESTING AND AS•SIJILTS i 1 SIISTOTAL rete- nr. CIVIL. FEES,. S 5.000.00 C 1M A7RAR .... - 5°G CONTINGENCY TOTAL $ 4,833.55 $ 106 604.51 a z 0 U G d 0� .40 am 0 00 -00 Note: TMs opinion of probable cost was prepared for budget purposes•onty, Sopris Engineering. LLC. cannot be held responsible for variances from this estimate as actual cost may vary due to bid and market tluctuall❑ns. 1707E COST EST 2017-10-19AS The 116 nCopp., h.(sole h: ea sma. PI at. 2 p.p. ,ro.eeHe.wuramEv.e ne..re. rexw,.: w...+dP,.d.+... F vcw.+r f.rP r. 4NhsM.r. M.. Waal Orlw I.I.tW .I.a 4N.NmwI.. Owe.. M.r.r.aa..d N.M.MIIN.dr.....lmOINMDrn^N NEM NNa. ur dn4l[PMtd.Ww.n eti i.r�yiewa Mr. •WsdwMlNNn..rN.. uP.P.P1 wr •dUp..r4w1F.i• 11 i.. *MIA wrrMlMrw..Er .a rn,.E pw M.PJnY..,nW n NfY.n La.r.r rm. • am•p• worm_ W.. .n.I446( rlwPPP. r..r.r..w...rw r d. r.d ara r.w.. Kw u.4r. Nf.rr PPM .Pap PPP.. II. whrrrw..,drl.d re.+. P..1u.�Up. .�w.'iO�..,. Or.,..xrxirc...... d MO Mw PPW SPrevsrw •.aro4d nm..c 1.1.1....172.1. • . n's... n---- sn•.r2rw . r.aad�n N.K NO.. w,.d1.f Ire slrwvr..:�r.+a�+rrr w r. a. wawa r rr w.w..I.trm.Ew w imov r.r.i.•0E1warrlw MaNNO.a,.N. Ni7iPM wr4 M.o.. rA rd NW. MEr wlwNmema a.. ...N.M. MEIN • EeR 161 ae.E. K7aNS.M NNW.. 4nE.Nm~Om amaMal i.wrr M.e 6006 .w,11,..• dam 'assume.* NEI Nr.ea. tl[r. N Nrw.1,IP 1fE....rd 111>• wK gEr. armr....rs11E1 E.. rw w.rw.P. 204.06+06 G.eaePmme. P.21rw w.rNaa r......v.+..n... Nr e,.. ar. w.�..r•r nr.ba...t.... ►ra.r�.P.4.01Wend.. w!3Ind a..n Mama.Fmk^ r 06,4. 4..rwwow E..rr.rNdadwu..maP. dwraN lr�...wa.. a.MF..n.�wrr.ap.�rNN,�. r. adr f Nrr. nIN.aL rewY..w r.Era. 1 Mrr.rr.......w�..rr..wr..,....�....wrw.w...01 �w :,.. w rn.4r.r r .ate rrr. rra E .,4. rrww w ... Mpia. n. .wam.. r rwwa,..ifY.rl..Me.P.fr...r.f•.•■1.4rNn 14w H..n., wrr rN Ee... r.r.+. newger..ri..�N,.A.2M6 M..rr.a 500dep.. Opp. ,N 7-' SIPOP CDLD..IDI e.1.... trr.r.sn aeewrNwe.w.Nn.,..wwra.tl e.w.....ee a.ral aZ ANL w..IrY..r..n..r NCTE ,10.. a 32.w: P. POP Norm ma 17.2017. 210. PR*. Art NNT•No. 14, 2w7 NPa.eum,1s 1N,4417.22wwm. ON 1017, Fla .N. 06. POP. 11 wL.w 2..'P'.e.ra[.r "umwm.N.asr�`°a` :.;.e.ear.Pm..ewr by. wr a arr......••�4••+M... �rro7emrwrw.w,. r........,..-.+�e Warr. �NMON Pp -. Y W s r. rwn+e s.rn. Mw.w firer NNW Y u1•• 1.. T+ne Sfre..a.MN..Y rr.r r .r..rE w..-.w4.r.r..OwrL1•4w64�p.F w.a......aw�a r,...e .-'*6 w.aN�.Erwr Now Nam... amp••••0ana rTr.op w.e..•• MN..nrr.�Nro-..rw+ 4w is in.�27Earwrw NAO. .wwM.s»e.4w..4r....r. ram Nis DE...4....r ry 10606 e..w Nom ....E.,r duo reNmm...rEw•••• .ar,...... N. •11••=4.1..{ OW..P..nor,.+'-- YLM-o and lMwegl.wa.N'r..rrr..em .4Kar4.. N.ew 0 646.rryd war.. mlar+,� N kl.•r.+.ry� 7l `b..Naa.No 11..aN eOMeP,...,lC 2011 ppm. Mk* blvdoed Prat by Mem el 7rr.E.wn....FI -- ' Y Pr. rr Nam.rro.rrW V 1.+r.. rr M anion d ...�..w,.a�rr.~rww,�r �r�..�.e..n•�a.�. •r..yr....+wl., el... ChM.. T Cap.. 3030 Mryt.,TN 1720. 101 Mr.1.1017 sr w Nm w to 00....04 _I. 02..44 0072.1. 620.172 P.4. 216 Pacepon [COP.: Cr Pro. Erm.�....I...r tt1...1Y [.`ra.a• �� sw Ca..P Ca.r PwM1 w.� FINAL PLAT MOUNTAIN SHADOW PLACE BEING SITUATED IN SEMS W34 of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO. SHEET 1 OF 2 MITCHELL CREEK PROJECT ENING NO 0 ... oW...w0 hI- MOUNTAIN SHADOW PLACE _,.IRnIIIIIIIIIuuN.. NORTH >_rw..M....r.Nrw s .• Imo crrrr arwwN.DaD. r • L eodYdT- aTi v W7rrr[MTN. ROOM MT IR it wI asreliw Rens we • - - De vNG.n ROAD A.Nytrwa .rN.� MONUMENT LEGEND 6NcTIDNc04JTO NDaw4NT .ac.n. Eca.D 134.41.06.11 aa.M SURVEY CONTROL MAP T.Mc PM.. A.r : .. r......rm r... N..dcw..w r,�.r...,.. fir+.' ar 4Nr.wr.r ew ry ya....a.I,K 1. w rmq NNW 1.0NtE ten- tr..wrrrw w.rnasw.A.e., .,M rs.P4.4.F dtaws M�+r..r.rrra.w..+dr.od aab4 the real Ne.m Mb ANL reN40N 6mrs: 0275002 957E are , 07> 0. OR rrr...nr.r.w.w7r+P.w. SOUNCE DOCUMENTS: PUT -US GU] F,UN* N...r Tow.* z MN, M,04 rwesi,NNe N ss .064.407 P. US. Saen..e5ewwr.e0O..L 1606 PLAT -0u1. PP.7102.. l6p.2a714 uT-.,602004.1 No. L.,¢.044.2.1652. T- &P P.vleetP 11.1:3226 11D1 v,e..71 N..mac OCC�NT-0 2O 62077 OCCUPANT -IP 155-PENe 11 .. Ne 2100.12100.1s4Ps 17..7.4 606.71 DOCUMENT-1P 3234E 1411. a. 112 DOOPIENTiE 413-11. P4IN OCKUM. 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SAssIrlWrt 15I0C CSRIORwf154- HORTH C1A.e1R�'-x- lRRxTT �..... — U5 F.T 0 w5O[E11 OMR PROJECT FILING NO. 1 sumns1GN RFC 1,10. 3950E0 REG No. 2.3751 C Mo. 23507. Amm Or FINAL PLAT MOUNTAIN SHADOW PLACE BEING SITUATED IN SEXSWX of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO. MOUNTAIN SHADOW DRIVE (As Platted) SKEET 2 Of SDUIR NSWg o USE SUIIMRV: LOT 1 . 0.345 A.M ti LOT 2.0.1 TSAaut LOT 3.0.31E AueM TIMM,4/11 .00000 ACCESS. INGRESS. EGRESS, EMERGENCYS LMU Y EASEMENT AREAS AREA. 0220 Acat3 Nom. SOPRIS ENGINEERING - LLC oGIL �^ 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 19?0J 704-0321 £"r MILL a WESTERN HILLS SUBDIVISION Run. Ili 1O, BLOCK 1, W611391I RUSSIA GRAY LOT 3.annul, WSW. 111115 SUB IQOMes mly&OCKA WORM XI. SUB r..a LIAO ur.• AUTO 411 44. ua