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HomeMy WebLinkAbout932982 L\,' 000664 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE SNAKE RIVER JUNCTION COMMERCIAL AREA This Supplemental Declaration of Covenants, Conditions and Restrictions for the Snake River Junction Commercial Area is made and executed effective the date of signature affixed hereto by Alpine Development Group, LLC, a Wyoming limited liability company ("Declarant"), pursuant to the provisions of that certain First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Snake River Junction Commercial Area, filed of record in the Office of the Lincoln County, Wyoming Clerk (hereinafter "the Commercial Area First Amended Declaration"). RECITALS: A. Alpine Development Group, LLC was the Declarant under the Commercial Area First Amended Declaration, and the owner who recorded that certain plat entitled "Snake River Junction First Filing" as Plat No. 294-A on December 15, 2006 in the office of the Lincoln County, Wyoming Clerk. B. In recording the Commercial Area First Amended Declaration, the Design Guidelines referred to as "Exhibit A" in Article I ("Definitions") Section 12, were inadvertently omitted, and this Supplemental Declaration is intended to correct that omission. NOW THEREFORE, in consideration of the foregoing recitals and the covenants contained in the Commercial Area First Amended Declaration, Alpine Development Group, LLC hereby supplements the Commercial Area First Amended Declaration as follows: Article I ("Definitions") Section 12 is supplemented as follows: Section 12. "Design Guidelines" shall mean the Design Guidelines for Snake River Junction Commercial Area attached hereto as Exhibit A, as the same may be amended from time to time. Upon recordation of this Supplemental Declaration, the Property shall be subject to the Commercial Area First Arnended Declaration, as amended hereby. Capitalized terms not otherwise defined in this Supplemental Declaration shall have the meanings specified for such terms in the Commercial Area First Amended Declaration. WITNESS my hand effective the day and year written above. RECEIVED 9/10/2007 at 2:57 PM RECEIVING # 932982 BOOK: 671 PAGE: 664 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Alpine Development Group, LLC a Wyoming limite . ability company 000665 STATE OF C!A-4J:i?¡eN;'¡ ) COUNTY OFJPtNk/..s ð~/:Sp¿;> ~ ss. On this 'ð/~ day of At/G-. , 2002, the foregoing instrument was acknowledged before me by Brad Vemon, Manager of Alpine Development Group, LLC, under the authority and on behalf of said Alpine Development Group, LLC as that company's free act and deed. Given under my hand and seal the date first above written. ~ (Seal) My commission expires: ~ / c1. :¿ðð., '\ .A... .A... Â.. ~ ..A.. .A.. .A.. ~&IIt... ~ ~ .-.. .A. t ,... B. BEVAN ลก: o COMM. # 1568073 ~ . NOTARY PU.BlIC-CAlIFORNIA G)o l1li: SAN LUIS OBISPO COUNTY j -,.,. ..., ..., ~ 5~~ ~P!~L~0:30~ ~ EXHIBIT A 000666 Design Guidelines for Snake River Junction Commercial Area I. Intent and Purpose For the design of buildings within this commercial area, the intent is to create a cohesive and attractive presence that acts both as a gateway for the internal commercial and residential community as well as an appropriate part of the larger city fabric. All signage, landscaping, parking and lot development shall be designed to contribute to the overall appearance of the commercial area. The buildings themselves are meant to be a responsible addition to the natural landscape with their highway frontages presenting an appropriate public face to the greater community. These Design Guidelines are a part of the Declaration of Covenants, Conditions and Restrictions (CC&R's) for Snake River Junction Commercial Area. The Design Guidelines may be amended in accordance with Article XV of the CC&R's. Additional Lots in Snake River Junction may be made subject to these Design Guidelines by express declaration. II. Landscaping All Landscaping shall be installed by each owner at their expense, but maintained by the Owners Association as Limited Common Area. The Owners Association shall have the authority to collect and allocate funds for this task. The parking lots shall largely be screened from adjacent properties and the public highway by vegetation strategically planted around parking lot borders and within landscaped islands. Landscaped islands shall be designed to provide maximum aesthetic value, yet simple in shape to facilitate parking lot snow removal. Additionally, all the required building setback areas, parking setback areas, and public rights-of- way (not being used as driveways or parking areas) including highway setbacks shall be landscaped and maintained as usable open space. Landscaping shall not interfere with easy pedestrian travel on designated pathways and corridors. A. Landscape Plan: A landscape plan shall be included in the site design and submitted to the Site Committee for review. Appropriate landscaping will playa major role in the overall aesthetic of the area. It is imperative that each site devotes sufficient space to the landscaping. No site shall be developed without an approved landscaping plan, and the Site Committee may require a deposit to insure completion of the landscape plan. 000667 B. Dimensional Standards: 1. Pedestrian Areas: Plant material shall not overhang sidewalks at % of the plant's mature size. Plant material adjacent to sidewalks and entrances shall not exceed a mature height of 3' -0" within 3' -0" of the edge of pavement. Building entrances shall maintain clear visual access, and plant material shall not provide hiding or loitering opportunities. Plant bed mulch material adjacent of walkways shall be shredded hardwood mulch. Loose rock mulch shall not be within 3' -0" of pavemeIit edge. 2. Building Foundations: Plant material shall be placed along building foundations to compliment building architecture. Plant material shall not visually impede windows or doorways. Twenty-five percent (25%) of all foundation planting shall be broadleaf or conifer evergreen. 3. Parking Area: Plant material shall not impede visual site lines between 3' -0" and 9' -0". Plant material shall not be within 2' -0" of pavement edge at % maturity. C. Plant Material: Plant material shall soften the impact of new improvements on the site; preserve and enhance existing landscape patterns; minimize the attraction of wildlife; and be of native varieties. A Native Landscape Plant Material Guide is available from the Site Committee. D. Irrigation Systems: All Landscape and turf areas shall be watered utilizing automatic underground sprinkler systems. All shrub area shall utilize drip irrigation to minimize water consumption. m. Signage 000668 Every structure and commercial complex should be designed with a precise concept for signage integrated with the building design. Provisions for sign placement, sign scale in relationship with the building and sign readability should be considered in developing the signage concept. All signage shall be highly compatible with the building and site design relative to color, size and style of text, materials and placement. Prior to the installation of any signage on a Lot, or on designated common signage areas, the Owner shall obtain written approval from the Site Committee. The following considerations shall be addresses in any request for sign approval. Signage shall be designed so that it is not overly intrusive. No signs shall have animated, intermittently illuminated (flashing), or neon lights. There will be no signs projecting beyond or cantilevered from buildings. Banner signs, A-frame signs, signs with moving parts, or signs painted directly upon a building's exterior finish are not allowed. The lighting of signs shall avoid any glare into neighboring buildings or any glare that would create a traffic hazard. All signs will be installed to ensure structural stability against wind and seismic forces. Signs shall not interfere with any vehicular or pedestrian traffic. Any temporary signage shall abide by local regulations. Each property shall have appropriate signage to give directions to loading and receiving areas, visitor parking and other special areas. In terms of signage dimensions, each building's street façade shall be allowed signage not exceeding in a combined way a maximum of 60 feet square feet in area. This includes buildings containing multiple offices or businesses. Such signage shall be wall-mounted or hung perpendicular from such architectural features as porch roofs or balconies, etc. No wall mounted sign shall project above the top plate line of the building to which it is attached. No sign shall extend past the perimeter boundaries of a building's elevation (i.e. the roof or side walls). All freestanding monument signs shall abide by a fifteen (15) foot height restriction and shall be set back a minimum of five (5) feet frorn the property line. Freestanding signs shall be limited to the entrance of each commercial lot, and shall not exceed fifty (50) square feet of surface area. One address sign, including a set of numbers shall also be allowed for each permitted office or business. The coloring and material of all signs and lettering is to adhere to the colors 000669 and exterior materials standards mentioned above. Any signs declared abandoned or dangerous shall be removed. IV. Parking, Loading, Roadways Required parking lots shall be constructed by the owners at their expense, but maintained by the Owners Association as Limited Common Area. The Owners Association shall have the authority to collect and allocate funds for this task. Required off-street parking for each Lot must be accommodated within the same Lot as the use it is intended to service. The design intent is to have smaller parking lots serving one or two of the commercial properties. Common driveways, shared by neighboring lots, are encouraged. A continuous curb, gutter and six (6) foot wide sidewalk will be constructed by the developer within the road lot #6 right of way, along the entire road frontage of lots 2, 3,4, and 5. No curb, gutter, or sidewalk will be installed by the developer on Lot 1. Parallel parking will be provided within road lot #6. The spaces or fraction thereof along each Lot's frontage on the road may be counted towards its required number of parking spaces. All parking areas shall be set back from the side and rear lot lines a minimum of five (5) feet, unless there is a shared parking arrangement between adjacent lots. All off-street parking shall have access from a public road or alley; all spaces, aisles, turning and backing areas shall not encroach on any roads or public rights-of-way. Ingress, egress, internal traffic circulation, off-street parking and loading areas and pedestrian paths shall be designed so as to promote safety and convenience, including provision of safe sight distances at all intersections. 000670 Parking areas shall be separated from structures by either a raised concrete walkway or landscape strip. Shared parking between adjacent businesses is highly encouraged whenever practical. A parking space shall consist of an area not less than one hundred eighty (180) square feet, with a minimum width of nine (9) feet and a minirnum depth of twenty (20) feet. Parking driveways and aisles shall be a minimum of 22'-0" in width. A minimum of one (1) handicapped accessible parking stall shall be provided, and then at a rate of one (1) additional handicapped space per twenty-five (25) parking spaces. The front two (2) feet of parking space may project into landscaped area or walkways provided this will not endanger visibility, the automobile, or pedestrians; and provided an adjacent walkway is not reduced to less than four (4) feet in width. Parking spaces shall have a minimum vertical clearance of seven (7) feet. Queuing space shall be a minimum of twenty (20) feet in length and ten (10) feet in width, and shall be contained on site without encroaching into any public right-of-way. Each lot shall provide the number of spaces required by the Lincoln County guidelines for its use. All off-street parking areas and roadways shall have a compacted all-bituminous concrete (ABC) base, not less than four (4) inches thick, and paved with asphaltic materials of sufficient grade so that there will be no impoundment of surface water. b' CURB ~'·D· SIDEWALK ¡D'·D" EFFECTive PARKINc; AREA V. Lot Use and Site Design ..n.,,"" á'hL' _1. 'U(.fiVt> ( A Setbacks and Building Envelopes: All building envelopes shall maintain ten (10) foot minimum setbacks from the side, and rear Lot boundaries. The minimum (10) foot and maximum twenty-five (25) front setback shall be measured from the curb face. If more than one building is built on site the most prominent building must abide by the front setback. Lots 1 and 5 shall maintain a twenty-five (25) foot setback adjacent to U.S. Highway 89, or comply with the Wyoming Department of Transportation minimum setback, which ever is greater. The buildings should be orientated towards the front of the Lot and the road. The space within the setback shall be landscaped. Building siting within the building envelope shall encourage the preservation of open space and shall endeavor to compliment neighboring Lot development. Buildings shall be situated to encourage pedestrian traffic between lots along the sidewalk. B. View Corridors: To maintain the character of the community and provide opportunities to view the unique landscape, the Site Committee may require orientation to maximize the greatest amount of open space, and quality visual sight lines form neighboring Lots. C. Floor Area Ratio (EAR.) A maximum floor area ratio of forty percent (40%) shall be required within the commercial lots - this meaning that the ratio of the gross floor area of the buildings within a single property cannot exceed forty percent (40%) of the total site area within each property boundary. A minimum floor area ratio of fifteen percent (15%) shall also be required. Variances may be granted for phasing or extenuating circumstances. The goal is to establish a pleasing density where buildings fit their property, not looking either too crowded or two scattered. VI. Building Design A Building Height 000672 To maintain architectural consistency, the buildings in this commercial district (lots 1-5) shall have a maximum building height of thirty (30) feet. This is defined as the distance from the top of finished grade to the highest point of a building's roof structure (not including mechanical device enclosures such as elevators or air conditioning units, etc.). Existing grade can be raised no more than eighteen inches (18") or more than twelve inches (12") from the adjacent curb of the road servicing the property. No significant alteration of the existing Lot topography will be permitted. x ~ I: ~ BUILDING PINI~EO (;IUDE CURe EXAMPLE PE~IMETE~ COMMERCIAL BUILDING B. Building Mass In terms of the mass of the individual buildings, the intent is to create structures that are proportioned both appropriately to their site as well as to the scale of the intended use. A building's mass should be broken up in order to reduce its apparent form and to add visual interest. Additionally, more massive levels or sections of a building should be located beneath the less massive or visually lighter sections. In this way, a second story does not appear heavier then the structure that support its. Roof lines are to be simple yet dominant, possessing a clear hierarchy of form. The largest roofs shall be over the most significant parts of the building with the lesser roofs cascading from the main volumes. Steep hipped roofs are strongly discouraged and may only be considered if adequate presentation is reviewed and approved on a case by case basis. 000673 EXAMPLE eulLDING MASSiNG C. Balance / Proportions: The building facades are to be broken up or differentiated through the organized use of fenestration, banding, cornices, canopies, eaves, color or material changes, or other façade articulations (which add depth, shadows and relief). Unbroken expanses of a single siding material or a single monolithic built volume will not be permitted. Despite the use of such differentiations, the building façade is to maintain an overall balance with its varied elements remaining in proportion to the whole. External projections, such as cornices, canopies, eaves, decks and balconies may not extend more than two (2) feet into a front, side or rear setback. Patios which are at grade, however, may extend further provided there is agreement with the neighboring property and the patio maintains a setback of five (5) feet from all property lines. D. Entrance: The entry to each business shall be very clear, possessing some hierarchy over other façade elements. This could be accomplished with the addition of an awning or other overhang, and/or and adjustment of color or materials surrounding the main entrance. E. Exterior Materials: In regard to exterior materials, the intent is to create buildings that harmonize with their natural setting and do not create visual irritations or distractions. The emphasis will be on a high quality appearance and materials, creating a first class commercial district. Traditional Rocky Mountain architecture shall be encouraged, but not mandated. Unconventional, futuristic and atypical architectural treatment is prohibited. The façades 000674 of the buildings shall be non-reflective and shall be of natural materials such as wood, brick, stone or metal. Materials possessing strong natural texture are preferred. In the case of metal, its use as a wall cladding material will be limited to a maximum of thirty- five percent (35%) of a building façade (as calculated by the square footage of all exterior wall surfaces) and the metal shall be either painted, anodized or oxidized to a non- reflective finish. Exposed concrete masonry units or bare concrete walls will not be permitted as façade elements. No residential vinyl or aluminum siding will be allowed. Also, no vinyl awnings will be permitted. Glass can be used - up to a maximum of thirty percent (30%) of a façade, provided any large window surfaces (over forty-eight (48) square feet) are subdivided with structural members or muntins. Metal roofs will be permitted, provided they are non-reflective. They must also be designed so they do not shed snow onto pedestrian or parking areas. F. Colors The exterior colors used for the building are limited to earth tones found in the natural landscape or colors natural to the materials mentioned above. (i.e. natural wood, stone or metal). These earth tones include the basic colors of brown, gray, red, orange, yellow, green and blue. White is also permitted as well as colors found in traditional Rocky Mountain architecture. Day-glo, luminescent, iridescent, neon or similar colors are not permitted. G. Lighting All architectural lighting shall be hooded, and arranged so that the light source is not easily visible from any street or adjoining property. Flickering or flashing lights will not be allowed. Also searchlights, laser lights, neon lights, and holograms will not be permitted. VII. Additional Considerations ¡('Î;1·~·1}'O"i 1.". .....5 'VV' 'ò\,) t A. Public Restrooms: Each commercial property is to have at least one public restroom. Such facilities are to be maintained and kept open during business hours with appropriate signs upon each entrance. Their location, number and size shall be in accordance with applicable laws, including the Americans with Disabilities Act. B. Storm Water Drainage Systems: Lot 6 is intended to receive some runoff from Lots 1-5. The grading and drainage approval process through the Site Committee will coordinate drainage for the commercial area using the foilowing principles: Each Lot shall retain storm water runoff from impervious surfaces within its boundaries. No runoff originating from within a Lot shall be allowed to flow to adjacent properties. Most runoff shall be collected onsite in a retention pit to be discharged into the ground. These retention areas may be incorporated into landscape features. C. Water, Sewer and Trash Storage: Each structure designed for human occupancy shall be connected with water and sewer facilities. No private wells or sewer systems shall be used. Each Lot shall have receptacles for the temporary storage and collection of refuse. The handling of trash shall be noted on all site plans. All trash receptacles shall be screened from public view as well as from neighboring residential properties, and be protected from disturbance. The receptacles shall be entirely enclosed, with the side facing the street or alley gated wherever feasible. Enclosures shall be of similar material and color to the buildings, with a maximum height Of six (6) feet above grade. No fences are to be installed for screening between properties or around the perimeter of a lot. This is to maintain wildlife migration patterns as much as possible. All trash receptacles shall have secured lids discouraging wildlife access. The refuse storage area shall be accessible by collection vehicles and should be incorporated into building design whenever possible. Additionally, no trash is to be stored or placed within any front setback areas, but must be located within side or rear setback areas. D. Site Lighting: 000676 Parking lot lighting shall be provided by each lot owner. All lighting shall be hooded, and arranged so that the source of light is not directly visible from any street or adjoining property. Light fixtures shall be mounted a maximum of fifteen (15) feet in height above grade. Lighting shall be used to provide illumination for the security and safety of on- site area such as parking, loading, shipping, and receiving, pathways and working areas. The design of light fixtures and their structural support should be architecturally compatible with the main structures on site. All building entrances shall be well lighted. E. Snow Storage: Adequate on-site snow storage areas shall be developed to accommodate snow removed from off-street parking and loading areas or from elsewhere on the Lot. A minimum Lot area representing twenty percent (20%) of the total required off-street parking and loading area, inclusive of all access drives, shall be provided for snow storage. Required yard setbacks and open space may be used to accommodate snow storage. However, the stored snow shall not restrict access or circulation, obscure building entrances, nor create a visual obstruction for motorists or pedestrians by blocking vehicular or pedestrian sight lines. A maximum of fifty percent (50%) of the required snow storage space may be sited in the off-street parking and loading areas. All off-street parking and loading areas shall be maintained adequately for all weather use and be properly drained. Snow storage area shall be located and developed to be compatible with snow removal options. The Association will develop a snow removal and plowing plan with input from each Owner. F. Pedestrian Paths A goal for the overall site design of Snake River Junction is to provide for a multitude of pedestrian pathways that connect throughout the mixed-use community. Pedestrian sidewalks shall be installed to support and encourage safe pedestrian access to each Lot, as well as between neighboring Lots. Lots 2, 3, and 4 shall identify at least one future pedestrian connection path, five (5) feet wide on their eastern property boundary. 000677 Lots 1 and 5 shall cooperate to build pedestrian trails, at the developer's expense, within the twenty-five (25) foot setback from U.S. Highway 89. Sidewalks and parking areas shall be designed whenever possible so that pedestrians walk parallel to moving cars. All pedestrian sidewalks shall comply with the American with Disabilities Act. Pedestrian circulation patterns shall provide clear and identifiable crosswalk locations. Crosswalks shall be delineated through ASHTO standard crosswalk vinyl tape, or color and paving pattern delineation. Sidewalks shall be a minimum of five (5) feet wide. Pedestrian crosswalks shall be a minimum of eight (8) feet wide. Sidewalks, pathways and safety devices may be maintained by the Association as Limited Common Areas for the benefit of all Lot owners.