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HomeMy WebLinkAbout1.07 Resolution 1993-121RECORDED S4—o O'CLOCKE.M. REC a 457154 DEC ni 1993 MILDRED ALSOORF, GARFIELD COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) 800x088116(824 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 20tbof December A.D. 19 93 . there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Marian I. Smith Commissioner Arnold L. Mackley , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes ,County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93 -121 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE ASPEN GLEN PUD, WHEREAS, Aspen Glen Golf Partners, Ltd has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Aspen Gen PUD; WHEREAS, the Garfield County Planning Commission reviewed the Aspen Glen PUD Preliminary Plan application onOctober 20, 1993 and recommended approval to the Board of County Commissioners; WHEREAS, based on evidence and testimony submitted at a public hearing commenced on November 8, 1993 and the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting was provided as required by Iaw for the hearings before the Planning Commission and Board of County Commissioners. 2, That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan, 4. That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 1 sooM0887n0825 5. That all data, surveys, analyses, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations and Resolution No, 92 -056. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution, 7. That for the above - stated and other reasons, the proposed Preliminary Plan is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Aspen Glen PUD for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearings before the Planning Commission and the Board of County Commissioners shall be considered conditions of approval, unless stated otherwise by the Planning Commission and the Board of County Commissioners. 2. That the applicant shall reimburse Garfield County for all costs incurred by the County to contract for consulting services to review the Aspen Glen PUD Preliminary Plan by December 31, 1993, which costs shall not exceed $7,800.00. 3. All conditions of approval contained in Resolution No. 92 -056 shall be considered conditions of approval of this Preliminary Plan, 4. That the applicant shall be responsible for paying for any sigualization required pursuant to Colorado Department of Transportation (CDOT) signal warrants at the entrance to the Aspen Glen development off of State Highway 82 until the Last Final Plat is approved or at such time prior to that date that the Colorado department of Transportation verifies in writing that the applicant will not be responsible for such signalization. That at the time of submittal of every Final Plat subsequent to the fast Final Plat, the County will consult with CDOT to determine if a warrant analysis is needed at that time. In any case, the applicant shall submit a warrant analysis performed by a licensed traffic engineer with the last Final Plat, using full buildout of the development as one of the assumptions. Failure to pay as set forth herein shall be considered to be a violation of approval of the Preliminary Plan. In addition to other remedies for such violation, the Board shall not approve any Final Plat, after the time payment is due and not received. 5. In order to determine the impact to County Road 109, prior to the approval of any Final Plat for residential development west of County Road 109, written and graphic information will be submitted defusing the correlation between the proposed debris flow mitigation west of County Road 109 and the drainage across and/or under the road. Such documentation shall demonstrate the manner that any debris flow will move across the road to Aspen Glen property and demonstrate that the proposed debris flow mitigation will not increase or intensify impact of the flow over County Road 109 beyond historic levels. Further, such debris flow mitigation and drainage facilities shall 2 saaxO887 ' ci 826 be included as improvements to be provided by the developer, with any final plat submittal for any development west of County Road 109. 6. All road improvements to County Road 109 required by Resolution No. 92 -056, including the design and construction ofa bike/pedestrian path, shall be completed by December 1, 1996. Applicant shall give Garfield County written notice of its intention to complete the necessary improvements by August 15th of the year preceding the year construction will be undertaken. In any case, security to guarantee completion of all County Road 109 and the associated bike/pedestrian path shall be in place with the Board no later than February 1, 1996, or at such time that any Final Plat is proposed for residential lots west of the Roaring Fork River which will utili7F the intersection of County Road 109, whichever occurs first. In addition to the remedies available pursuant to the Garfield County Zoning Resolution, if the improvements noted have not been completed or secured by the dates noted, no subsequent Final Plats for any portion of the Aspen Glen PUD shall be approved. 7. In addition to plat notes required in Resolution No. 92 -056, the following plat note shall be included on the appropriate Final Plat: a. That all homesites west of County Road 109 shall have a fenced kennel in place prior to occupancy if the property owners anticipate owning a dog. 8. No Special Use Permit and/or floodplain permit for the placement of the bridge across the Roaring Fork River will be approved unless a design for an eagle screen meeting the Division of Wildlife specifications, is included in the application. 9. That all activity in the Eagle buffer Zone will comply with all conditions of approval contained in Garfield County Resolution No. 92-056, except as the same may have been clarified, expanded, or otherwise modified by the following documents: a. Letter dated June 16, 1993 from the Colorado Division of Wildlife to the applicant; b. Letter dated June 17, 1993, from Lawrence R. Green, attorney for the applicant, to the United States Army Corps of Engineers; e. Letter dated June 21, 1993, from the applicant to the Colorado Division of Wildlife; d. Letter dated July 20, 1993, from the Colorado Division of Wildlife to the applicant; and e. Letter dated September 30, 1993, from the Colorado Division of Wildlife to Garfield County; and except as there may be any further modifications to the aforesaid letters agreed and approved between the applicant and the Colorado Division of Wildlife and communicated to Garfield County. 10. Aspen Glen Golf Partners, Ltd. shall, at its expense, construct and install the domestic water utility system as approved in the Aspen Glen Water and Sanitation District Service Plan, November 1993 and as the same may be amended. Further, Aspen Glen $00x0887 P AC1827 Golf Partners, Ltd. shall, also at its expense, construct and install the wastewater collection system throughout the entire Aspen Glen PUD as approved in the Aspen Glen Water and Sanitation District Service Plan, November 1993 and fund construction of the Aspen Glen Wastewater 'Treatment Facility as described therein to the full capacity necessary to serve Aspen Glen. Upon completion of construction, all such water and wastewater facilities shall be dedicated to the Aspen Glen Water and Sanitation District. Financial security for construction of such facilities shall be as provided in the approved Service Plan and individual Subdivision Improvement Agreements, to be negotiated at each Final Plat. 11. Prior to the final approval of the first Final Plat, the applicant shall obtain final approval of a service plan for the Aspen Glen Water and Sanitation District and the District shall be formed and existent. As part ofits review of the proposed service plan, the County shall review the terms and conditions of proposed wastewater service within the proposed service area of the District, but outside the initial proposed boundaries of the District. Such terms and conditions may include, without limitation; District inclusion policies, the terms of any proposed reimbursement agreements between the District and the applicant, and the terms of any proposed out -of- district wastewater service agreements. 12. Prior to fmal approval of the first Final Plat, the applicant shall enter into appropriate agreements with the owners of all potentially affected irrigation ditches, which shall be assignable to the Aspen Glen Water and Sanitation District for the benefit of all properties served by the District, to construct, replace, enlarge, operate, and maintain water and wastewater lines, facilities, and appurtenances crossing or otherwise affecting said ditches, together with the right to move or alter said ditches as necessary. 13. Adequate easements necessary for water and wastewater service to Aspen Glen and all service area and expanded service area as identified in the Preliminary Plan and the Service Plan, and the wastewater treatment plant site, shall be dedicated to the Aspen Glen Water and Sanitation District and so designated on the appropriate Final Plats. Title to the wastewater treatment plant site shall be free and clear of all liens and encumbrances, except those which. may be incurred by the Aspen Glen Water and Sanitation District. All easements shall be superior to any other easements, liens, encumbrances, or other interests in land. 14. Pursuant to the subdivision improvements agreement for the first Final Plat containing residential lots, and as part of the initial construction of the wastewater treatment plant, wastewater collection Jines shall be extended from the wastewater treatment plant to the easement to be located between Lots D6 and D7 as indicated on the preliminary plat. Such lines shall be sized as currently specified in the preliminary plan submittal; provided; however, that in the event Unocal desires an increase in the line size or lift station capacity, adequate provision shall be made for the equitable reimbursement to the applicant by Unocal, at the time of receipt of bids for actual construction of said lines and the upgrading of lift stations (when needed), for the incremental cost of the sizing of lines and lift stations necessary to provide service to the Coryell Ranch. Adequate provision shall also be made for the reservation of capacity by Unocal, its successors and assigns, in said lines and lift stations necessary to provide service to the Coryell Ranch. 15. The proposed Aspen Glen Protective Covenants shall be modified to address the following issues prior to approval of the first Final Plat: 4 c pp pprep 8oGx0SC37?kGi 828 a. Every owner of a lot within the Aspen Glen PUD shall be eligible to join the Aspen Glen Golf Club, subject to the same fees.and dues structure that would apply to any other Golf Club member. Sections 5.10 and 11.10 need to be modified to reflect this point. b. Covenants restricting improvements to building envelopes are inconsistent with the improvements needed to develop a structure on a lot (Sections 2.1, 226 and 3.4). These need to be modified to allow for certain improvements outside of the building envelope. c. Members of the homeowner's association need to clearly include owners of any townhomes and/or condominiums developed within the Aspen Glen PUD. d. Section 3.20 needs to be modified to allow for the resubdivisions of the Club Villas areas. e. Section 5.9, implies that the HOA has control of motorized boats in the Roaring Fork River, which contradicts public access to navigable rivers. f. Section 6.13 would appear to allow the developer to resubdivide common areas, which should be changed to not allow for this to occur without amending the PUD and being subject to full subdivision review. 16. Prior to any Final Plat approval, the developer shall comply with the requirements of Section 5.32 of the Garfield County Subdivision Regulations of 1984, as amended and the requirements noted in the Division of Water Resources, State Engineers Office of 10/13/93. Additionally, at the time of Final Plat for any portion of the development, the developer shall transfer ownership of those water rights and/or water allotment contracts designated in Case No. 93CW192 that are to be diverted through Aspen Glen Wells Nos. 1 through 7. Prior to the entry of a decree in Case No. 93CW192, to the extent that the approved substitute supply plan for the Aspen Glen PUD relies upon water allotment contracts from either the Basalt or the West Divide Water Conservancy Districts, the developer shall bear the cost of such water allotment contracts. Upon entry of a final decree in Case No. 93SW192 and transfer, of the water rights to the District as set forth herein, the cost of any necessary and appropriate water allotment contracts shall be an expense of the District. 17. The Club Villa lots will be subject to full subdivision review as required by the subdivision regulations in effect at the time resubdivision is proposed. 18. School impact fees for the first Final Plat shall be $200.00 per dwelling unit; subsequent Final Plats may be subject to different school impact fees, based upon the then current policy of the Roaring Fork RE -1 School District as approved and accepted by Garfield County. Dedication of real property within Aspen Glen shall not be required. 19. The first Final Plat shall include the golf course, equestrian area, common areas and/or open space which includes the fisherman's easement. Any residential Final Plat shall include any other common area, not already dedicated, that is contiguous to the plat. 5 Dated this 20th day of December ATTEST: ' • • a r soox0887P>;c1829 ,A.D.199J • GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board (.�; . Chairman s. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Elmer (Buckey) Arbaney ,Aye Marian I. Smith ,Aye Arnold L. Mackley ,Aye STATE OF COLORADO ) )ss County of Garfield I, , County Clerk and ex- officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, X have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex- officio Clerk of the Board of County Commissioners 6