HomeMy WebLinkAbout6.0 Resolution 2008-55 (PUD Amendment)All in.NYd,',M(.Mt.R(.NIV'W WM IM.h ll III
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STATE OF COLORADO )
)ss
County of Garfield )
At a regularmeeting of the Board of County Commissioners forGarfieldCounty,
Colorado,held inthe Commissioners'Meeting Room,GarfieldCounty Plaza Building,.in
Glenwood Springson Friday,the 7 day of December,2007 therewere present:
John Martin ,Commissioner Chairman
Larry McCown ,Commissioner
TrbsiHoupt ,Commissioner
Don DeFord ,County Attorney
Jean Alberico ,Clerk of the Board
Ed Green ,County Manager
when the followingproceedings,among otherswere had and done,to-wit:
RESOLUTION NO.2008-55
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT
DEVELOPMENT AMENDMENT APPLICATION SUBMITTED BY SPRING
VALLEY DEVELOPMENT,INC.FOR SPRING VALLEY RANCH PLANNED UNIT
DEVELOPMENT
WHEREAS,the Board of County Commissioners of GarfieldCounty,Colorado,
received a Planned Unit Development Amendment applicationfrom Spring Valley
Development,Inc.to amend the Spring Valley Ranch Planned Unit Development;and
WHEREAS,Spring Valley Development,Inc.submitted a Planned Unit
Development Amendment applicationin order to amend the phasing plan for the
provisionof trailsand open space;and
WHEREAS,on September 12 ,2007,the GarfieldCounty Planning and Zoning
Commission forwarded a recommendation of approval with conditionsto the Board of
County Commissioners forthe Planned Unit Development Amendment;and
WHEREAS,on November 13 ,2007,the Board of County Commissioners
opened a public hearing upon the question of whether the Planned Unit Development
Amendment should be granted,granted with conditions,or denied at which hearing the
public and interestedpersons were given the opportunity to express their opinions
regardingthe issuance of saidPlanned Unit Development Amendment,and the Board of
County Commissioners continued thepublichearingtoDecember 7 ,2007;and
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WHEREAS,the Board of County Commissioners closedthepublichearingon the
7 day of December,2007 tomake a finaldecision;and
WHEREAS,the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing,has made the following
determinationof facts:
1.That proper publication,public notice,and postingwas provided as requiredby law
for the hearings before the Planning Commission and before the Board of County
Commissioners.
2.That the public hearings before the Planning Commission and the Board of County
Commissioners were extensiveand complete;allpertinentfacts,matters and issues
were submitted;and thatallinterestedpartieswere heard atthosehearings.
3.That the proposed Planned Unit Development amendment isin compliance with the
recommendations setforthin the Comprehensive Plan forthe unincorporatedareasof
the County.
4.The proposed Planned Unit Development amendment conforms to the Garfield
County Zoning Resolutionof 1978,as amended.
5.The proposed use is in the best interestof the health,safety,morals,convenience,
order,prosperityand welfare of the citizensof GarfieldCounty.
NOW,THEREFORE,BE IT RESOLVED by the Board of County
Commissioners of GarfieldCounty,Colorado,thatbased on determination of factsset
forth above,the Planned Unit Development Amendment request is approved for a
propertyowned by Spring Valley Development,Inc.with the followingconditions:
1.0 The following conditions consolidate,amend,and restateas appropriate the
conditionscontained inthevariousresolutionsapproving,extending or amending
the PUD forSpring Valley Ranch in Resolutions2000-95,2003-19,2003-99 and
2005-83.They supersede and replace allof the conditionsof approval in said
resolutions,and the conditionsof approval set forthin said resolutionsshallbe
nulland of no furtherforceor effect.
2.0 All representationsof the applicant,eitherwithin the applicationor statedat the
meeting before the Planning Commission or in the hearing before the Board of
County Commissioners,shallbe consideredconditionsof approval,includingata
minimum,but not limitedto the following:
3.0 The following conditionsincluded in the letterreceivedfrom Nick Adeh of NA
consultingdatedJune 13,2000,aretobe adhered to as a conditionsof approval:
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3.1 Constructthe west entranceto County standardsas a paved road and stop
CR115 paying atthisintersection.
3.2 The remaining segments of the CR 115 that are beyond the property
frontagemust remain unpaved and rough as is.
3.3 Installselectivesignage on CR 115 justwest of the PUD to discourageuse
of Red Canyon Road as an alternativeaccessto StateHighway 82.
4.0 During construction,the applicantwill be responsiblefor alldust mitigation
caused by theprojecton on-siteand off-siteroads.
5.0 Access forout parcelsshallbe shown on theapplicablefinalplats.
6.0 The monitoring plan for the best management practicesshall be controlled/
implemented by the Home Owner's Association or another body capable of
managing the plan.
7.0 All of the proposed Development Phasing Schedule be modified to requirethe
finalplattingof allphases within 15 years of the plattingof the firstphase and
that the completion of constructionperiods may be less as required by the
applicablesubdivisionimprovements agreement.
8.0 Based upon the representationsof the applicant,acceptingthe provisionsof the
letterof Mr.John R.Schenk,dated September 12,2000,the following condition
isimposed:
8.1 The Covenants,Conditions and Restrictions(CCRs)for the Community
Housing component of the projectshall provide that a Home Owners
Association will be the governing authority with all appropriate
enforcement powers for operationand controlof the Community Housing
component.
9.0 Future use of additionalwells (Gamba wells)requiresthe development of water
rightsand well permits ifrequiredby theappropriatestateagency.
10.0 All conditionsof the Divisionof Water Resources shallbe met.Those conditions
include but are not limitedto:(1)the claimed water rightsare dedicated to the
project,and (2)the plan foraugmentation isoperated according to decreed terms
and conditions.
11.0 Available surfacewater suppliesshallbe used totheirfullestextentto provide the
irrigationsupply to the golf courses in order to minimize groundwater
withdrawals.A groundwater monitoring plan shallbe developed to monitor
futurewater levelsnearthe Spring Valley Ranch wells.The monitoring plan shall
includewater levelmeasurements in the production wells and otherwells atthe
PUD that can be used as monitoring holes.The monitoring plan shallinclude
measurements made with enough frequency to observe seasonal groundwater
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fluctuationsand long term groundwater trends.Resultsof the monitoring program
shallbe availableto thepublic.
11.1 There willbe an additionalmonitoring well developed or identifiedthatis
at least2000 feetfrom the productionwells.Eithera new well or an off-
sitewell meeting those criteriacould meet the criteria.All of the
monitoring reportswillbe availableto thepublic.
12.0 The domestic water system must be constructedand operated in accordance with
the Colorado Department of Public Health and Environment regulationsand
standards.
13.0 The Applicant shallcomply with the followingconditionsrelatingto wildlife:
13.1 Dogs:Dogs shall be allowed on each residential,commercial and/or
industriallot pursuant to Section 3.17 of the Applicant's proposed
covenants unless GarfieldCounty Zoning and Subdivisionregulationsare
more restrictive.
13.2 Seasonal Use Restrictions:The seasonaluse restrictionsproposed by the
applicantinthe submittalshallbe conditionsof approval.
13.3 Educating Residents:Consistentwith the provisionsin the CDOW Letter
of August 31,1999,the Applicant shallprovide an informativebrochure at
the firstFinalPlatwhich isintendedto be provided toresidentsatthe time
of conveyance of each lot.
13.4 Additional Commitments:The WildlifeMitigationPlan proposed by the
Applicant shallbe made a partof theproposed covenants.
13.5 Fencing:Fencing shall be allowed pursuant to Section 3.24 of the
proposed covenants.
13.6 Horses and Livestock:As per the Applicant's submittal,horses shallbe
permittedpursuantto Sections3.17 and 3.24 of the proposed covenants.
13.7 Building Envelopes:Building envelopes shall be represented by the
Applicant on the Preliminary Plan Applicationconsistentwith thisPUD
Application.
13.8 Wildlife Mitigation:A Wildlife Mitigation Plan will be implemented
through the Applicant's proposed covenants and deed restrictionsas a
conditionof any FinalPlatapproval.
13.9 Bears/Trash Removal:The Applicant shallcomply with Section 3.14 of
the propose covenants submittedby the Applicant.
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13.10 Riparian/Wetlands:The provisionslistedin the CDOW letterof August
31,1999,and Section 4.3.4 of Appendix E of the submittal (Wildlife
report)shallbe conditionsof any approval.
13.11 Raptor Survey:At the time of the firstFinal Plat,the Applicant shall
demonstrate compliance with Section4.3.3of the "WildlifeUse,Impacts,
and Mitigation"reportsubmittedby the Applicant.
14.0 No new wood burning open hearth fireplacesshall be allowed within the
development.
15.0 The Applicant shallacceleratethe phasing forthe Community Housing Units (in
theirsame unitcount /buildingmix)from phases 7 -10 to 5 -8.
16.0 All infrastructure,public utilities,trailsand open space shall be phased in
accordance with thephasing plan setforthin Exhibit 21 of Binder 4.Specifically,
open space and trailsapproved as partof the PUD shallbe allowed to be platted
and constructedwith each individualphase ratherthan allat once with the first
Final Plat.The Final Platof each phase shallresultin a cumulative totalof all
open space inboth the currentFinalPlatand allpreviouslyrecordedFinalPlatsof
at least25%.Each Final Platshallprovide a calculationtablethatdemonstrates
the open space for thatparticularphase as well as summarizes the open space
totalsin any previousphase.
17.0 Accessory Dwelling Units (ADUs)areprohibitedin Spring Valley Ranch PUD.
Dated this I day of ,A.D.2008.
ATTEST:.*******.0 GARFIELD COUNTY
,***.,BOARD OF
?SER I COMMISSIONERS,
t,..G LD COUNTY,
1../COL O
C k of theBoard
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Upon motion duly made and seconded the foregoingResolution was adopted by
the followingvote:
John Martin ,Nay
Larry McCown ,Aye
Tr6siHoupt ,Aye
STATE OF COLORADO )
)ss
County of Garfield )
I,,County Clerk and ex-officioClerk of the
Board of County Commissioners in and for the County and State aforesaiddo hereby
certifythatthe annexed and foregoingResolution istrulycopied from the Records of the
Proceeding of the Board of County Commissioners forsaidGarfieldCounty,now inmy
office.
IN WITNESS WHEREOF,I have hereunto setmy hand and affixedthe sealof
saidCo ,atGlenwood S
'
,this___d of ,A.D.2008
County Clerk and ex-officioClerk oftheBoard of County Commissioners
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