HomeMy WebLinkAboutDRC for The Mountain Meadows At Prince creek Subdivisiony
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DESIGN GUIDELINES FOR THE MOUNTAIN MEADOWS AT
PRINCE CREEK SUBDIVISION
The design guidelines (the "Design Guidelines") for Mountain Meadows at Prince Creek
Subdivision ("Mountain Meadows at Prince Creek") set out in this document are the rules and
regulations adopted by Mountain Meadows at Prince Creek Homeowners Association (the
"Association") in conformance with and pursuant to the Declaration of Covenants, Conditions,
Restrictions and Easements for Mountain Meadows at Prince Creek Subdivision ("Covenants") as
set forth in the instrument recorded on April 12, 1996, in Book 973 at Page 864 as Reception No.
491483 in the records of the Clerk and Recorder of Garfield County, Colorado (the "Declaration").
The purpose of the Design Guidelines is to maintain the quality and architectural harmony of
Improvements in Mountain Meadows at Prince Creels. Consistent implementation of the Design
Guidelines can enhance the aesthetic experience at Mountain Meadows atPrince Creek, can promote
compatible residential designs, and can protect property values and can foster the preservation of the
natural features found at The Mountain Meadows at Prince Crock, The Design Guidelines are
administered by the Association. The Design Guidelines apply to all construction, alterations and
additions on any Lot in Mountain Meadows at Prince Creek including all buildings, parking areas,
loading areas, fences, walls, hedges, plants, poles, antennae, driveways, signs, changes in any
exterior color or shape, excavation and all other site work, including, without limitation, grading,
roads, utility improvements, removal of trees or plants and include both original improvements and
all later changes and improvements but do not include turf, shrub or tree repair or replacement of a
scale which does not change exterior colors or exterior appearances.
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I INTRODUCTION, In general, the aim of the Design Guidelines is to encourage design
adapted to the climate, and to foster harmony between buildings and their sites and among
the Improvements on the various Lots. The Design Guidelines also allow careful
consideration ofthe opportunities and constraints unique to each Lot. Modifications to the
Design Guidelines can only be made if it can he demonstrated to the Association that the
overall intent will be realized to and that a unque situation prevents strict compliance. The
landscapes which may be developed on each Lot and the building materials used in the
constriction of homes represent crucial elements in the formation of the future elm -actor of
The Mountain Meadows at Prince Creek,
DESIGN REVIEW PROCESS. Improvements to Property requiring approval of the
Association shall be submitted to the Association according with the following procedure.
2.1 REVIEW OF PLANS. The Association sball conduct reviews of plans and shall respondni
writing within thirty (30) business days after the submittal is complete as reasonably
determined by the Association. Any response the .Lot Owner or applicant may wish to make
in response to a decision of the Association must be made to the Association in writing.
2.2 REVIEW FEES. The Association shall have the right to charge a reasonable fee for each
application submitted to it for Design Review, in an amount which may be established by
the Association from time to time, and recover the reasonable costs and expenses of any
technical and professional advice and consultants required to properly consider the
application and to generally defray the expenses of the Association for this purpose.
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2.3 SUBMISSION OF PL ANS. Prior to submission of building plans to the County for a
building permit and prior to commencement of work to accomplish any proposed
Improvement to Property, the person proposing to make such Improvement to Property
("Applicant") shall submit to the Association such descriptions, surveys, plot plans, drainage
plans, elevation drawings, construction plans, specifications, and samples of materials and
colors as the Association shall reasonably request showing the nature, kind, shape, height,
width, color, materials, and location of the proposed Improvements to Property.
2.4 CRITERIA FOR APPROVAL. The Association shall base its approval of an Improvement
to property in the location indicated if it determines the Improvement:
2.4.1 will not be materially detrimental to the appearance of the Subdivision as a whole;
2.4.2 will be in general hannony with the other Improvements the Subdivision;
2.4.3 will not materially detract f m the natural beauty and attractiveness of the Subdivision;
2.4.4 will not affect any part of the drainage plan for the Subdivision;
2.4.5 meets all design review criteria of the Design Guidelines.
2A.6 meets all criteria of the Declaration of Covenants, Conditions, Restrictions, and Easements
ofMoumtainMeadows at Prince Creek Subdivision including, without limitation, the specific
standards set forth and Sections 7.3 through 7.8 and 8A through 8.24 of that Declaration
subject to the amended provisions of Sections 7.3 and 8.9 as set forth in the First
Amendment to the Declaration recorded on December 18,1998, in Book 1105 at Page 278
as Reception No. 537534 in the records of the Clerk and Recorder of Garfield County,
Colorado,
2.5 C-QNDITIQNAL APPROV 1. The Association may approve a proposed Improvement to
Property, but include conditions to the approval requiring the Applicant to make such
changes as the Association may deem reasonably appropriate.
2.6 9JUJNUTTAL, The Applicant's submittal package shall consist of the following:
2.6.1 Site Plan at an appropriate scale (not less than 1/16"= 1'-0-) showing the location of all
planned buildings, building setback dimensions, driveways, parking areas and a grading plan
and drainage plan. A reference point of elevation shall be shown at the midpoint elevation
between the highest and lowest elevation for the proposed Improvement's footprint using the
existing natural grade of the Lot. The reference point of elevation shall be determirned from
a location on the Lot which will not be disturbed during the course of construction of the
Improvements and preferably will be one of the Lot's monumcntod survey corners.
2,6.2 Roof plan and floor plans at no less than l/8"--1'andexterior elevations with both existing
and final grade lines at same scale as floor plans. The plans submitted shall demonstrate
compliance with the building height restrictions set forth in Section 4.1 below.
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2.6.3 The drainage plan will demonstrate that water runoff generated by any proposed
hi provements, including driveways, will not exceed historic levels for events up to a 100
year storm event.
2.6.4 .Indication of exterior materials and colors,
2.6.5 Design Review Fees in the amount specified by the Association.
2,6.6 Any additional drawings, speeifications, matorials or samples reasonably requested by the
Association.
2,6.7 Preliminary staking at the corners of all major improvements and at such other locations as
the Association may reasonably request.
2.7 REVIEW. When all requirementsofthesubmittal have been received, the Association shall
conduct a review and provide a written notice of the results of the review to the Applicant.
Only upon. the Association's written approval, may the Lot Ownere said written approval
to Garfield County to apply for a building permit or eonrrnenc:e construction of the
Improvement to Property.
2.8 FAILI EOFTHEASSOCIATIONTOACT. Any request of a proposed Improvement to
Property shall be deemed approved, unless disapproved or a request for additional
information or materials is transmitted to the Applicant by the Associationwithin thirty (30)
business days after the date of receipt by the Association of all required materials.
2.9 RE -SUBMITTAL OF PLA&S. In the event of any disapproval by the Association of a
submission, a resubmission of the plans should follow the same procedure as an original
submittal. An additional reasonable Review Fee may be required with each such
resubmission as required by the Association.
2.10 SUBSEOUPW. T GRANGES. Additional construction, landscaping, or other improvements
or any changes either during construction or after completion of an approved structure must
be submitted to the Association for approval prior to making such changes or additions,
2.11 COMPLETION OFWORKAFTFRAPPROVAL. Followingthe approval of anyproposed
Improvement to Property by the Association, the proposed Improvement shall be completed
by such Lot Owner as promptly and diligently as possible but in no event in excess of the
time periods set forth. in the Declaration.
2.12 PSPLECTION OF WORK PRROGRESS, The Association's authorized representatives
may inspect all work in progress and give notice of noncompliance. Absence of such
inspection andnotification dining the construction period does not constitute either approval
of the Association with work in progress or compliance with the Design Guidelines.
2.13 COMPLHTE17 01t& Upon completion ofworlr, the Applicant shall give written Notice
of Completion to the Association. Until the Association has received such notice, the
Association shall not be deemed to have notice of completion, The Association's duly
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authorized representatives shall have the right to inspect any completed Improvement to
Property, provided that this right of inspection shall terminate fifteen (15)business days after
the Association's receipt of the Notice of Completion.
2.13.1 Notice of Satisfactory Completion. If the Improvements were completed in conformity with
the plans, descriptions and materials furnished to and approved by the Association and any
conditions imposed by the Association, the Association will issue a written Notice of
Satisfactory Completion of Improvement to Property. Upon such receipt of Notice of
Satisfactory Completion of Improvement to Property, the Applicant mayproceed to request
a certificate of occupancy from the County.
2.13.2 Notice of Noncompliance. If the Association finds that any Improvement to Property has
been done without obtaining the approval of the Association or was not done in substantial
conformity with the plans, descriptions and materials furnished to and approved by the
Association and any conditions imposed by the Association, the Association will issue a
written Notice of Noncompliance. Such notice shall be given, in any event, within fifteen
(15) business days after the Association receives allotice of Completion from the Applicant.
The notice shall spccify the particulars of the noncompliance anal shall require the Applicant
to take such action as may be necessary to remedy the noncompliance. If a Notice of
Noncompliance has been issued by the Association, the Applicant may post a performance
guaranty sufficient to bring the Improvement to Property into eomplianco with the
Association. Such Performance Guaranty must be in an amount sufficient to remedy any
noncompliance. After posting such performance guaranty with the Association, the
Association maythen issue a Conditional Notice ofSatisfactoryCoinpletionofImprovement
to Property. Such Conditional Notice shall grant authorization for the Applicant to request
a certificate of occupancy from the County.
2.13.3 Failure of Association to Act After Completion. If, for any reason other than the Applicant's
act or neglect, the Association fails to issue a Notice of Noncompliance within fifteen (15)
business days after receipt by the Association of written Notice of Completion from the
Applicant, the Improvement to Property shall be deemed in compliance if the Improvement
to Property was, in fact, completed as of the date of Notice of Completion. The Applicant
may proceed to request a certificate of occupancy from the County.
2.13.4 Correction of Noncompliance. If the Association issues a Notice of Noncompliance, the
Applicant shall remedy same within aperiod of not more than forty-five (45) days from the
date of its issuance. If the Applicant does not comply with the Association's ruling within
such period, the Association may, at its option, record the Notice of Noncompliance against
the Lot on which the noncompliance exists, may enter upon such Lot and remove the
noncomplying Improvement to Property, or may otherwise remedy the noncompliance, and
the Applicant shall reimburse the Association, upon written demand, for all expenses
incurred therewith. If such expenses are not promptly repaid by the Applicant or Lot Owner
to the Association, the Board may levy a Reimbursement Assessment against the Lot Owner-
of the Lot for such costs and expenses. The right of the Association to remedy or remove
any noncompliance shall be in addition to all other rights and remedies which the
Association may have at law, in equity, or under the Declaration, The Applicant and Lot
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Owner of the Lot shall have no claim for damages or otherwise on account of the entry upon
the property and removal of the noncomplying Improvement to Property.
2.14 NO IMPLIED WAIVER OR ESTOPPEL. No action or failure to act by the Association or
by its Board of Directors shall constitute a waiver or estoppel with respect to future action
by the Association or the Board of Directors with respect to any other Improvement to
Property. Specifically, the approval ofthe Association ofanylniprovementto Property shall
not be deemed a waiver of any right or an estoppel to withhold approval or consent for any
similar Improvement to Property or any similar proposals, plans, specifications, or other
materials submitted with respect to any other Improvement to Property.
2.15 VARIANCES TO DESIGN GUIDELINES.
2.15.1 Association Power to Grant Variances. The Association may authorize variances from
compliance with any of the provisions of these Design, Guidelines, including restrictions
upon height, size, floor area, or placement of structures or similar restrictions, when
circumstances such as topography, natural obstructions, hardship, aesthetic or environmental
consideration may require such variance. Such variances must be evidenced in writing and
shall become effective when sided by at least a majority of the members of the Association.
No such variance shall be granted for any matter which is expressly addressed in the
Declaration without an amendment to said Declaration.
2.15.2 Compliance with Other Jurisdictions. If any such variance is granted, no violation of the
provisions of these Design Guidelines shall be deemed to have occurred with respect to the
matter for which the variance was granted; provided, however, that the granting of variance
shall not operate to waive any of the provisions of these Design Guidelines for any purpose
except as to the particular Lot and particular- provision hereof covered by the variance, nor
shall the granting of a variance affect in any way the Lot Owner's obligation to comply with
all governmental laws and regulations affecting the property concerned, including, but not
limited to zoning ordinances and setback lines orrequirements imposed by any governmental
authority having j uiisdiction.
2.16 ESTOPPEL CERTIFICATES. The Board of Directors of the Association shall, upon the
reasonable request of any interested person and alter confirming any necessary facts, furnish
a certificate with respect to the approval or disapproval of any Improvement to Property or
with respect to whether any Improvement to Property was made in compliance herewith.
Any person, without actual notice to the contrary, shall be entitled to rely on said certificate
with respect to all matters set forth therein.
BUILDING GTTEDBIJNBS. The following building guidelines will enhance a sense of
quality, durability and taste with a western style.
3.1 LB—t lding Materials. Only the following materials will be permitted on the exterior of
structures erected within The Mountain Meadows at Prince Creek,
3.1.1 Roofs.
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3.1.1.1 Concrete tiles.
3.1.1.2 Slate.
3.1,13 Non -reflective metal (subject to review and approval of Association).
3.1.1.4 Fiber glasslasphaltic architectural grade shingles with a minimum twenty-five (25) year
warranty.
3.1.1,5 Wood shake and shingles.
3.1.2 Exterior Walls.
3.1,2.1 Brick or natural stone. All masonry shall be built to grade.
3.1.2.2 Stucco (natural or synthetic). All stucco shall be built to grade.
3.1.2.3 Wood siding, wood shingles and heavy timber (including logs).
3.2 COLOR PALETTE. Exterior wall and roof colors shall harmonize with the Lot and
surrounding structures. The predominant tones should tend toward muted, wann, earthy
hues. Bold or dramatic earthy colors may be used provided they are used sparingly and
confined to entries and. walls of recessed areas bidden from general view. All colors must
be submitted to the Association on the materials on which they will be used for approval by
the Association.
3.3 SOLAR APPLICATIONS. The use of passive and active solar design elements and
orientation of the residence to maximize winter solar heat gain is encouraged, Stich design
elements shall be discretely and tastefully integrated into the arelritoctural and landscape
design of the Lot to minimize visual impacts on neighbors and adjacent roadways.
3A M4 EPLACES AND SOLID FUEL STOVES. In order to protect against air quality
degradation from the utilization of woad -burning devices, no open hearth solid filet
fireplaces will.bealiowed. There shall be no restriction on the number ofnatural gas burning
fireplaces or appliances. Each dwelling unitwillbeallowed one (1)new wood-bunningstove
as defined by C.R.S. 25-7-401, et, seq., and the regulations promulgated thereunder.
4 Ci�NS LICTIO.N RE(rULAT'IONS. The following regulations are established to assure
the preservation of the natural landscape, to minimize the impacts on and to avoid undue
disturbance to other Lots. All Lot Owners and builders shall be bound by these regulations
and any violation by a builder shall be deemed to be a violation by the Lot Owner.
4.1 REFFRFNCFPOINTFORBUII,DT.NGI-iEIGIITDETERMINATION. Thebuildingheight
limitations of Section T5 of the Declaration shall be measured vertically, from the
undisturbed or natural ground surface at the highest point of the proposed building's
footprint to the highest point of the proposed roof. A reference point for the measurement
of elevation shall be established at a location on the Lot which will not be disturbed during
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the course of construction of the Improvements and preferably will be one of the Lot's
monumented survey corners.
4.2 DEBRIS AND TRASI3 REMOVAL. Lot Owners and Builders shall clean up all trash and
debris on the cons truction site as necessary. The trash and debris shall be removed from the
construction site at least twice a month to a legally established dumping site off site.
Lightweight material, packaging and other items shall be covered or weighted down to
prevent wind from blowing such materials off the construction site. Lot Owner and Builders
arc prohibited from dumping, burying or burning trash anywhere on the Lot.
4.3 SANITARY FACILITIES, Each Lot Owner or Builder shall be responsible for providing
adequate sanitary facilities for the construction workers on the Lot. Portable toilets or
temporary toilet facilities shall be located on the Lot as approved by the Association. These
temporary facilities shall be maintained regularly to prevent obnoxious odors or unsightly
appearance.
4.4 VEHICLES AND PARKING AREAS. Construction crews will not park on, or otherwise
use, any part of other Lots. Private and construction vehicles and machinery shall be parked
only in such areas designated by the Association and in such a manner that is not damaging
to existing vegetation on or adjacent to the Lot. No parking is allowed on subdivision access
roads.
4.5 EXCAVATION MATERIALS. Excess excavation not utilized on the Lot shall be hauled
away from subdivision.
4.6 BLASTING. No blasting or impact digging shall be allowed without the approval of the
Association. The Association's only responsibility is to require evidence of the proposed
activities to be under the guidance of a qualified consultant and shall have no liability for the
blasting.
4.7 RESTORATION ORREPAIROF OTIIERPROPERTYDAMAGES. Damageandscardng
to any property, open space or other Lot, including, but not limited to roads, utilities,
vegetation or other improvements, resulting from constriction operations, will not be
permitted. If any damage occurs, it must be repaired and restored promptly by the
responsible Lot Owner,
4.8 CONSTRUCTION ACCESS. The only approved constriction access during the time a
residence or other improvements are being built will be over the approved driveway for the
residence.
4.9 MISCELLANEOUS PRACTICES, Lot Owners will be responsible for the conduct and
behavior of their agents, representatives, builders, contractors, and subcontractors in The
Mountain Meadows at Prince Creek. The following practices are prohibited.:
4.9.1 Changing oil on any vehicle or other equipment on the Lot or on any roadway.
4.9.2 Allowing concrete suppliers and contractors to clean their equipment on any roadway.
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4.9.3 Removing any rocks, plant material, topsoil, or similar items from any other Lot,
4.9.4 Discharging any type of firearm on the property or creating any other unduly loud or
offensive noises.
4.9.5 Using disposal methods or units other than those approved by the Association,
4.9.6 Careless disposition of cigarettes and other flammable material. At least one 10-pound
ABD-rated dry chemical fire extinguisher shall be available in a conspicuous place on the
construction site at all times,
4,93 Careless treatment or removal of any plant materials not approved for removal by the
Association.
4.9.8 Allowing excessive dust or noise on the construction site. Radios and other audio equipment
will not: be allowed to play at levels that are disruptive to the neighbors. No construction that
involves high noise levels shall be permitted prior to 8:00 A.M. or alter 6:00 P.M. The
Association may in special circumstances provide variances to these hours, so long as it can
be shown the variance shall not create a significant disturbance to neighbors.
Certified to be the Design Guidelines for The Mountain Meadows at Prince Creek adopted
by the Directors of The Mountain Meadows at Prince Creek Homeowners Association, effective
August .26, 1999,
Secretary
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