HomeMy WebLinkAbout6.0 Resolution 92-056ffi+e
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Asngld L. Maeklev ,serian.r. Fnittr -
-,elmqr (suckev)EEand,
Don -K. .Dpl'ofd , County AttorneyMildred Als.doif -, crert-to the Board
[31r;i" forlowing proceedings, among others were had and done,
RBSOLUTTON rro. 92_055
RESOLIITIOIT COIICERITED WIIE TEE APPRO\AL OT EN APPLIEATTONor rEE asPElI er,Elr coupalrr roR fEE espgN @,ErI PTJLNTIEDIrllrr DEvELoPuEtrr REzoI{r}IG ar{D appnorar or rrs pr,aN
YIIIEREAS, th9 As_pen Gren compan_y has fired an application withthe Board of county c-onrurissionerJ of- Garfierd c-ounty, cororado, forapproval of the aspen Gren Planned un-i-t-J oeveropment rezoning andits Planned Unit devetopmenl plan i
I{HEREAS, the Board of county cornmissioners has now consideredthat application. ------r vv.*-ee4
Notr[, TITEREtrORE, BE rr REsoLvED By THE BOARD oF cotNTycoMurssroNERs oF eeriFrero toullrir- 6olonloo, tha[ -r"""a upon theevidence,
"'o:1--a-"aa_rn9.n", exhibi1", -=l-"ay
"e the comprehensiveplan for the unincorporat6d areas or eartilia;;""-;; Ililil"rr." fromthe Garfierd cou:rty iepartmerrt or n"g"iit"ry orri"eE and personner,and the Garfierd counfy pr.r,r,irrg ctil.-i1"-i"i, and comments from arl:l::f::l:f"I"'.r"", tfis e;ra-enters ir," r"ir"rr,ig ;l;ainss and
FTITDINGS
1- The apprication was fired with the Regruratory offices andPersonnel 'Deoaitrnent of c"rti"ra- i;-;d"t-n uarch 3 | Lgg2, andreferred to tlh" pfanning c-#nission on tGrch 9, Lgg2.
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sTArE OF COLORADO )
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At a reqular meeting of the Board of CountyConmissionerstofc@o1oradd,he1dattheCourthouse
Ln_Glenwood. springs on uonaiy, iLe zstr, a"y of June, rgg2, therewere present:
Comissioner ChairmanConnissioner
Cornmissioner
2. The Garf leld County Plannlng Conrn.Lsaion revl.ewed the
applicatlon and reconunended approval of the appll.catl"on wlth
certain conditions on ltay 7 t L992,
3. The Board of County Confirlssloners established a date for
publlc hearing on the appllcatlon to conmence on June 1, 1992 at
2 a00 p.r.
4. Pursuant to evidence produced at the pubIlc hearLng on
this applicatLon, the Board findst
E. AII property oldnera adJacent to the property that
is the subJect of this application receLved notlficatLon of
the date, time and location of the above referenced publLc
hearing by certified mail, sent at least flfteen (15) dayaprior to the commencement of the hearing;
b. Notlfication of the publlc hearing wae publLshed in
a newspaper of general clrsulatlon at least thtrty (30) daysprior to the commencement, of the hearing;
c. The substance of the mailed and published
notifieations substantially informed interested parties of the
subJect matter and location of the requested rezonLng.
d. The Board of County Conunirisloners has Jurisdictionto conduct the public hearing on the applLcatLon and render
a decision thereon.
5. The hearing before the Board was extenslve and complete,
that aII pertinbnt facts, matters and issues were subrnltted, and
that a1l interested parties were heard at the hearl.ng.
6. Pursuant to Section 4.AZ of the Garfield County Zoning
Resolution of 1978, a6 arnendedc
a. The PUD wiLl provide necessary commerclal and
recreational facilities conveniently located to housLng;
b. The PUD zone dLetrict text and map direct thedwelling type, bulk, density and open apace ln a manner
consistent with existing zonlng laws;
c. The PUD provides a variety of housl.ng tlpes in a
layout allowing for open space ancillary to the buildl-ngs;
d. Bhe PUD wil} provide a more efficient sewagedlsposal system through the development of a reglonal
wastewater treatment facility;
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e. The PUD will mini:nize the traffic burden throug! tfe
develolment of an upgraded State Highway inl,eSsection and the
improvlment of Courity Road 109 at the partial e:rpense of the
developer;
f. The PUD, tf developed to its fulI extent, w11}
result in an increased assessed valuation to the ProPertyi
g. The PUD process was used to develgP a plan for the
area itrat preserv6s the site's relationship to the rLver,
valley floor, and adJoining hillsides;
h. The pUD wilL be developed in phases consistent with
the ability of the infrastructure's clpability to meet the
development'E needs.
7. The PUD, subject to strict compliance with conditlons set
forth herein, i"'i" gftneral confonnLtf with the Garfield County
Eompiefrtnsive Plan, pirsuant to the pr6visions of Section 4'04 of
the Garfield Co"tfly-Zoning Resoluti-on of 19?8r ds amended, and
Section 24-67-LO5(1), C.R.S., as arnended.
8. SubJect to Section 4.07.01 of the Garfield County Eoning
Resotr-ution of Lg78 | as amended, the Board of County Comissionera
herei-n find that subJect to strict compliance with the conditions
set forth herein, the-Aspen Glen Planned Unit Development wilL meet
the standards .td teq,.frements of Sect,ion 4.00, €t seg. of that
Zoning Resolution.
9. The requirements of Section 4.0?.03 of the Garfield
County Zoning Res6lution of L978, as amended, are met as follows:
a. subJect to the conditions set forth herein, the
impacts of tha pUD and its surrounding area are app{opriate
wiitr all unreasonable adverse affects being mini-nized;
b. The proposed PUD provides adequate internal street,
circulation foi tlie traf f ic lenerated by the development. lfhe
prir.i" internal 6treets prdvide ade_quite access for fire and
lolice protection, as well as bicycle traffic;,
c. Under the conditions set forth herein, the PUD
provides ddequate parking for all proposed usesi
d. Under the terms and conditions set forth herein the
Aspen GIen PUD provides conmon oPen space that is adequate
folfr for the usige of its own residents, as well as membera
of the public. ffrrough use of dedicated public areas, as well
as common oPen sPace, the natural features of the terrain,
including tlie RoiringL Fork River, the wetlands, and wildlife
habitats are preserved and incorporated within the
development;
. e, under the terms and conditions set forth herein, the
Aspen Glen PUD provides for a variety of _housing tlEeq
iniluding single- family units on various lot sizes and
,"ftipf"- tanffy units-. Additionall-y, corunercial and
recreitional taEi-litieg necessary for the enJolment of the
development are provided on site. The common_ oPen aP?qe
providLs a varieti "f recreational activities including golf,
. Loating, fishing, hiking and horseback riding;
f . under the terms and conditions set forth herein,
adequate privacy is provided between the dwelling units
inr6ugtr fit sizlng, duitding envelopes, and architectural
control; and
g. Under the terms and conditLons set forth herein, the
PUD piovides pedestrian ways and trails abutting. natural
terrain featur6s to and along recreational features including
the golf courEe for internal pedestrian circulation.
lO. Subject to the conditions set forth herein, and pursuant
to the terms of Section 4.07 .A4 of thd Garf ield County Zoning
nesolution of 1978, as amended, the Board of County_Comnisaioners
hereby waives and niodifies the maximum build,ing- height limitations
to allow an increase in heights for the following reasons!
a. Under the conditions set forth herein, the increase
allowed will have llttle affect on surrounding slopes and
mountainous terrainl
b. under the ter:ne and conditions set forth herein,
and pursuant to agreements with a{Jacent landowners, the
visual affects on adJacent sLtes w111 be minimal;
c. There w111 be no extreme contrast or influence rrflon
vistas and open sPaces for the building heights allowed
herein; and
d. The uses of the buildings for which building height
increases are sought are of a magnitude reguiring Lncreased
height.
11. The proposed PUD, under the teruts and conditions set
forth herein, wiff allow clustering of development in aome areas
pemitting the creation of additional open space.
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12. The overall density of the development, under the tems
and conditions set forth herein, and purauant to the proviaiong of
Section 4.A7.06 of the Garfield County ?,oning Resolution of L978,
as amended, will allow development of less than four (4) dwelling
unitp per acre. However, no transfer of densities within the PUD
shall be permitted from those zone digtricts and densities approved
herein under the ter:nb and conditions get forth herein.
13. The PUD exceeds the minirnrur number of acres required for
PUD size.
14. llore than 25* of the PUD is devoted to common oPen sPace.
15. Under the terms and conditions set forth herein and
pursuant to the PUD Development Plan attached hereto aa an exhibit,
ttre PUD demonstrates the location and total acreage for each
proposed use together with the lirnitations on lot size and total
density wlthin each use.
16. Pursuant to the conditions set forth below, all uses by
right, conditional uses, minirnum lot areas, minimum lot coverage,
minimum set backs, maximum height of buildings, and all other uae
and occupancy restrlctions applicable to this PUD are heqeby
approved by the Board of Cotinty Comrnissioners as set forth herein.
1-7. Pursuant to the provisions of Section 4.08.05 of the
Garfield County Zoning Resolution of 1978r ds amended, the
applicant included Ln their written request for PUD rezoning all
of the following:
a. A statement of ownershl-p interest and rtritten
consent of aII property ownerBi
b. A proposed plan indicatlng the maximum number of
dwelling unite, the ml.nimum acreage, dedicated cormon o5en
space, type of proposed uses and acreage devoted to uaes, a
proposed maJor Lnternal circulation 6ystem, the acreage
dedicated to school sites or paymrent in lieu thereof, the
general location of corrnercial sites within the PUD, the
manner in which provision for water, seerer' telephone,
electrLc, and gas would exist, and other necessary
restrictions sought by the applicant;
c. a regional locat5-on map showing the location of the
proposed PUD i-n relationship to connecting roads and otherpublic facilities;
d. A site map indicating the boundaries of the PIID, its
acreage, existing structures, and existing zoning;j
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e. A site topographic maP with five feet contour
intervals was tendered. Additionally, a maP indlcating
floodplains and wetlands was submitted;
f. Under the conditions set forth below requiring
amendment of the legal description, a }egal description of the
area whi-ch the appJ-icant wished to include in the PUD waE
tenderedi
g. The applicant tendered a wrltten statement setting
forth the obJectives to be achieved by the PUD, a development
schedule, which subject to the conditions set forth below
contained beginning and completion dates for construction,
copies of covenants, conditions and restrictions, which have
now been amplified as set forth herein, a list of property
owners within three hundred feet (300 ft. ) of the boundaries
of the PUD, and a statement by a U-censed engineer that
provided info::nation concerning the proposed source of water
Lo the PUD, 'a proposed method of Eewage treatment, which
statement has now been modified pursuant to the conditions set
forth herein, the general manner in which sto:cm drainage wiII
be handled, subJeCt to the conditj-ons set forth herein, and
a general manner in which provision would be made for
potential natural hazards, including landslide areas,
floodplain areas, and unstable soils, all of which are eubJect
to the conditions set forth herein;
h. Easements, or the right to obtain easements for
vested legal access for ingress and egress to a public road
have been provided; and
i. The PUD, subJect to the conditions set forth hereint
will be designed with the consideration of the natural
environment of the site and surrounding area, and will not
unreasonable destroy or displace wiIdlife, natural vegetat.ion
or unique feature of site.
18. SubJect to the provlsi-ons of Section 4.08.06 of the
Garfield County zoning Resolution of 1978, as amended, the Board
of County Conunissionera find that no portion of the PUD
conditionally approved herein may be occupied until appropriate
final plats have been approved by this Board.
COIIDITIOIIS OT APPROIIAL
The foregoing findings are specifically entered subJect to the
adoption of and strict compliance with the conditions set forth
below. Such condi,tlons are a result of consideration of all
evLdence, including extenslve public cornment.
srests_.HrcnnaY 82
1. Prior to consideration of a Preliminary PIan applLcation
as defined by the County Subdivision Regulations, the
applicant will obtain necessary access permits for State
ttighway 82 (SH 821, the access to the equeatrian
taiifity, and'the emergency access proposed south of the
primary entrance point-to the proJect. These plans shall
include an assessment of a pedestrian crossing between
the Equestrian Area and the prirnary portion of the
development wbst of SH 82, as well aF an asseasment of
the need for signalization at the intersection at gome
point during the course of development. The construction. of the primary entrance from SII 82 will be constructed
durLng Phase III of the project.
2. The applicant will submit a design for an at-grade
crossing of the Denver and Rio Grande Railroad Right-of-
Way consistent with Public Utilities Comnission standardE
as a part of Prelirninary Plan submittal.
3. At the tlme of Preliminary Plan submittal, the applicant,with the cooperation of the Roiring Fork Transit Agency
(RFTA) and the Colorado Department of Transportation
(coor1, will identify sufficient easements to accompdate
bus turnouts adJacent to the proJect on SH 82.
corrHTs Roap 109 [cR 109 ]
4. Access to CR 109 will be unrestricted, and allow f.or
access and egress of the site by aII residents,
employees, and authorized visitors of the proJect.
5. The applicant and the County will improve CR 109 in the
following manners
(A) Section 1 (End of existing pavement at the GrawelPit entranie south to the southwest corner of t'he
L/4 acre Resldential Zone District adjacent to CR
10e).
(1) The Appticant is responsible for 100 Percentof the cost of design, engineering andconstruction costs associated with the
improvements of this section of CR 109 to
Garfield County lrlinor Col].ector Road Standards
if possible, includlng all engineering and
construction coste for the necessary relocat,lon
or piping of ditches. The design will include
2" Asphalt surface with 4' shoulders.
Further:more, the applicant is reeponsible for
realigning and other associated intprovementsto ditches impacted by improvements to thle
section of CR 109' These improvements wLll be
completed no later than 12-1-1996.
(2') The applicant will dedicate the necesaalnlrright-of-lray (ROTf,) to Garf ield Countyt
cuirently shown as a 1.4 acre open Space RLver
District near Siever's Corner, to allow for the
realignment of CR 109 through thls section.
The applicant is responsible for all desigmr_
engineering and consfruction costs aesqcLatedwith these improvements
(3) The applicant wi}}, where necessaa?r dedLcate
to the County the necessary ROTI along CR 199
sufficient to enaure a 50 foot ROII through the
portion of roadway through this sectlon. At
an appropriate point in time, the County will
consider a petition to vacate those portl-ons
of the currently existing public right-of-way
no longer needed for use as a public road
through this section of the proJect.
(4) The applicant i.s responslble for the design and
construction of a btke/pedestrian path on the
west side of CR 109 through this section. Theprecise location and length of the
bike/pedestri-an path shall be defined at the
time of Preliminary Plan submittal. The bike
and pedestrian path will be 10 to L2 feet in
width, paved, and separated from vehicular
traffic.
(5) Sufficient coordination will occur between the
applicant's engineer and the County's Road and
Bridge Department to enaure that the desLgn and
construction activities between the two effortsare compatible and ensure no schedul.ingconfLicts. If construction is to cornmenceprior to March of 1996r the County must be
)w
(5)
notified :" or before August 15 of the
preceding fiaeal year to allow for the proJect
Lo be consistent with County budget cycles.
The applicant ie responsLble for the
applicJtion of dust control on the Prgjectsile, in addition to CR 109 from the north end
of the proJect to the beginning of the chip-and
eeal e[rfJce south gf the proJect on CR 109,
approximately (3.2) miles. Prior to the
b6iinning of-coristrriction, west of the Roaring
Dust Control Plan will be
Road and BrLdge DePartment for
appliclnt is responsible for 50 percent of Ehe
rr6^st of surfacino 12" asohalt) of this sectioni p" asphalt) of this section
rtrbse improvements will be
Fork River,
submitted to
approval.
cost of surfacing (2" asof CR 109.
a
the
All costs of such procEedings, including the
cost of Iand acouisition. shall be borne by thecost of land acguisitiont be borne by the
applicant.
(B) Section 2 (CR 109, From the southwest corner of the' I/4 acce Residential zone District adJacent to CR
109 to the Lntersection CR 109 and CR 108) -
(1) Garfield County will be responsible for 100
percent of the cost of design engineeling lJldearthwork costs associated with the
( 7 ) If necessary, the County agre-es to institute
condemnation proceedings to obtain necessarfr
right-of-way -allowing eonstructLon by- tlt"
apflicant through this portion of th9 P-!oJe9p.
improvements of the sectLon of CR 10? to
Caifieta County ![inor Collector Road Standards
where physically possible and at the dLEcretlon
of the-Board of County Comnriesioners, including
2" Aspha}t surface and 4' shoulders. lfhe
completed no later than 12-1-1996.
(21 If deeured. physically possible during des5-gnr and
engineeri"g, Carfield County is responsible for
the design-and construction of a bike path on
the west-side of CR 109 through this section.
The spectfic location of the bikeway wl'L1 be
reflned as engineering and design progreasea.
The bike and pedestriin path wiII be 10 to tz
feet in width, paved, and be separated from
vehicular traffic.
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(3) The County shall be responsible for alL costg
of land acquisition for thls portion of road
reconstruetion.
(C) Ditchinq- apd Piping. The applicant will be
responsible for all necessary engineering, design,
construction and piping or other irnprovements of
approximately o1re (1) mile of the Kaiser and
Siever's Ditch, from approximately Siever'a Corner
south.
BALD EAGLE NBSTING SIIE (Buffer Zone)
-6. 'An Eag1e Nest Buffer Zonle, as indicated on Exhibit f-16
submitted at public hearing, will be estabU.shed around
the nest where there will be no conetructi.on of dwelling
units or human actLvities, except as established herein.
The area of the Zone is described Per a letter dated
April 25, t992 from Kevin Wright of the Colorado DivisLon
of l{ild1ife. Any changes or modifications to the Zone
will require approval from the Division of l[ild1lfe.
Prior to submittal of a Prell-urinary PIan, the applicantwill submit buildLng envelopes, approved by the Divieionof V{i}d1ife, for the nine (3/4, acre lots adJacent to
the Buffer zone east of the Roaring Eork River.
Prlor to submlttal of a Prell-mlnary PIan, the applicant
will submit Landscaping p1ans, approved by the Division
of Wildlife, for the vegetative screening along both
sides of the entry road and the downstream side of the
bridge and along the east (riverside) boundary of CIub
Villas, Clubhouse District, per Kevin Wright's Aprll 26,
1992 letter. The screening will be planted iurmediately
upon construction of the entrance road and the bridge
erossing the Roaring Fork River.
A ti:ning restrl-ction will be placed on the 10th hole of
the golf course. If Bal.d Eagles have abandoned the nest
and no eagles are pre6ent, the hole may be played from
April Lst to December 31. If eagles are Preaent, the
hole may be played July 1st to December 31st. ft may be
played earlier, if there is nest abandorunent and young
have fledged. Any alternative plans for the
reconfigruratlon of the 10th hole to allow earlier Playmust be approved by the Division of WLldlife.
7.
8.
9.
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10. There wiLl be no construction or activity within the
Buffer Zone, hole #10, entrY road and bridge or
facilities/units north.of Hole *18 frour JanuarT lst to
June lst if the nest is active. Construetion may begln
earlier if there is nest failure and abandonment.
Ll. There will be no human entry withj.n 100 yards of the neat
except for nest management activities, activitles related
to ttre uae of llole *10, or nor:mal ground and dltch
maintenance activitiee.
L2. No human entry will be allowed within 200 yards of the
nest from January lst to June 30th if eagles are present,
except as allowed in condition'#1I,.
13. There r,vill be a seasonal closure of the Roaring Fork
River to public fishing/hiking access and Open Space
River Park Districts within 200 yards of the nesting sLte
from January lst to May 15th except for float-throu-gh
river traffic. Signs will be posted and maintained by
the applicant alerting residents and the general public
to this restriction.
14. The Homeowner's Covenants will be amended to restrict all
dwelling units to one dog per dwelling unit.
15. Coordination will occur on an annual basis between the
applicant and the CoLorado Division of I{LldJ.ife
concerning the monitoring of, nesting activities occurring
rd.thin the Buffer Zone.
16.. At such time as the Division of Wildlife allows removal
of the Eagle Nest Buffer Zone, the applicant may request
the Board of County Comnissioners to amend the PIID. If
approved by the Conunissioners, the arnendment only removesthe Overlying zoning (Buffer Zone), and the approved
underlying zoning will become effective.
SOILS /GBU,()GT/EII}ROLOET
L7. The Preliminary Plan shall have a building envelope
designated for evea^lr lot within the PUD. AII building
envelopes shall avoid sinkholes. Construction uPon
debris fahs and young alluvial fane with debris flowpotential shall be avol-ded unless properly mitigated.No lot shall be created that does not contain a
geologically acceptable building envelope. No lot shall
be created that is smaller than the'minimum lot size
allowed in that particular zone district, and any density
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reduction for a particular area due to a lack of
buildable area will not be transferred to another
district within the PUD, AlL buiS-ding envelopes shown
on a Final Plat shall be conslstent with thoae shown at
PrellminarT PIan. Any arnendments to the appro-ved
building envelopes will require a Public Hearing and an
amendnent to the PrelLminary Plan.
18. At the time of Prelimlnary PIan submittal, applicant
shall submit a detailed debris flow study for all Lots
on debris fans, wlth a proposed mitigation plan designed
by a geotechnical enqineer.
19. Additional soils investigatlon of the Uoderate and lligh
Hazard Depression Areas with a determination of
suitability for building sites, utilities, and roadways
shall be submitted with the Preliminary Plan.
20. An engineered foundation shall be required for all
buildinEs erected within the PUD and subrnitted with
building permit applications. Further, all final plats
shall have a plat note, noting the engineered foundation
requirement for all residential structures.
2L. Any structure erected within the floodplal-n shall .be
required to obtain a floodplain special us_e qennit as
required by the Garfield County Zoning Resolutl-on.
22. Water storage tanks shall be constructed in onlygeologically acceptable areas and as designed by a
geotechnical engineer.
23. At the tirne of Prelirminary PIan submittal, the applicant
will submit a detailed Drainage PIan addressing the
handling of all point and non-point pollutLon, includingthe method of treatment, Iocation and adequacy of
proposed detention ponds, the size and location of
infiastructure, and golf course drainage
ITASTBTTATER
24. Prior to Prelirninary PIan submittal, a Site ApplLcation
for a domeetic tertiary wastewater treatment plant stlall
be prepared and submitted to the Colorado Department of
Health addressing the Aspen Glen regional waetewater
treatment facility. The same site application will be
submitted to Garfield County with the Preliminary P1.an.
Wastewater treatment plans submitted with the Prelfuninary
PI-an shall include easements or oversized lines with
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sufficient capacity to acconunodate regional develotrment
deemed necessary by the Colorado Department of llealth.If no determination has been received from the Colorado
Department of Health on this issue at the tirne of
Preliminary Plan the applicant must provide the Board of
County Conrmissionera with a line and eaaement design
appropriate for a regional wastewater facility.
25. No !.ater than Preliminary Plan submittal, a draft or
official , Seryice , Plan shaft be submitted for the
formation of a special district for the construetion,
maintenince and operation of a regional waetewater
trea'tment facitrit11. Further, the special district shall
berin p-lace prior:to sub:nittiL of aii-y final ptats for the
PUD. The Serrrice Plan will include all infrastructure
and facilities serving Aspen Glen residents.
26. tha,ser\ricd area described in the draft SErvice Plan wtlI'be cgneLstent with Colorado Department of llealth,
recormendations;
27. The cost of all infrastructure and facilitiee senrlng
Aspen GIen are the responsibility of the applicant.
IUATBR ST'PPLY
28. The applicant shall demonstrate the location and evidenceof adequate water guantity and quality of the propoeed
weLl fields at Prelirninary PIan. At least one test wellshall be drilled and proved up. Additional teet wellsmay be required as recorunended by the applicant'g
engineer to provide the neceasary evLdence.
29. If filtration is necessarye the site and method of
treatment shall be indicated at the ti-me of Preliminary
PIan submittal-.
WE:rBR OIIALIIY
30. At the time of Preliminary PIan submittal, the applicantwill submit a detailed description of a Water QualityMonitoring PIan for both surface water (Roaring ForkRiver) and ground water (on-site and off-site wel1e andsprings). This plan shall describe the location, timlng,analytical technigues, detection methods, and the methodof interpreting the results of the tests. The tests willbe performed at.a regular intenral extending past thefirst year until the proJect reaches 90 percent ofbuildout. llhe Service Flan for the Sanitation Dietrict
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shal1 include provisions for the Water Quality-restipg
Pro.g.iql4;' The cost associdted with the P1aii ShaIL be the
responsibility of the applicant, and subsequent costg
associated with the testing Program shall be the
responsibility of the Sanitation Distrlct. fhe results
of each test shall be sent to the County on a regular
basis
I'TILITTES
31. At the time of Preliminary PIan submittal, the applicant
will submit to the County a detailed Utility ltaster Plan
that indicates the easement size and 1ocation for gae,
electric, and telephone. Wastewater and water treatment
facilities, and diainage/erosion control ayatems shall
include line and facility sizing, Ln addition to the size
and location of easements
IrILDLIrE IUPECTS
.
Bquestrian Facility
32. The equestrian facility, as shown on the PUD Development
PIan fr.p, wiII be reloCated to the northwest end of the
Oqen Space District. Furthernnore, the Comraunity- Center
proposed in the PUD application is deleted from the PUD.
33. Fencing will be 42" in height, four strand or Less, with
12" kicli space between the top two wires. If a raLl
fence is used, it shall be 48' high, three rail or lesE.
No fencing will be allowed in areas not needed for
grazing and existing fencing will be removed.
34. No grazing will be allowed in sagebrush.
35. AIl new utilities within the eguestrian area will be
buried.
36.Any access trail developed in the equestrian area wiII
be closed Deceruber 1 through April 30th.
37. Alt dogs on trails in the equeatrian area will be
leashed.
38. All hay stored in connection with the operation of the
equestrian facility wlll be protected by I foot fencl-ngt
consistent with Division of wildlife specifications.
14
)w
t-
Ifest of County Road 109
39. The applicant, at the tirne of Preliminary Plan suhnlttal,
will -iubmit a nap identifying the proposed 'I{ildllfeCorridor" west oi CR 109. rne maP will depict the
building envelopes and mitigation measures proPosed fof
the 2 ]a.cre nelidential District. fhe Divigion of
I{ildlife will review the "Wildlife Corridor" plan prior
to submittal to the CountY.
40. No perimeter fences will be allowed in this District.
4t. All utilities will be buried or raptor/eagle protected,
per Division of l{ildtife recommendations.
@neral lfildlife Iryracts
42. One dog will be allowed for each residentlal unit within
the pUo. This requirement will be included in the
Frotective Covenants, and wilJ- be enforced by the
Ilomeowner' s Association.
43. Dead or dying Cottonwood Trees within the Open
Space/River Parks will be preserved for cavity,nesters
ana perches used by raptors/eag1es. ff euch trees
present a hazard, the Homeowner's As6ociation may remove
such treea at its discretion.
44. The applicant shall provide a coPy and plat of the
f ishea'man/pedestrian easement, running from the oElen
space/river park across the gravel pit lease to BIJI
Disposal Pariel zLS at the time of Preliminary Plan
submittal. The recipient of the f isheman/pedestrian
easement shall be the Division of Tfildlife or the Aspen
Glen Homeowner's Association. The easement grantee shall
be responsible for maintenance and liability for the
proposed easenent. The easement shall be executed and
recorded at the tLme of final plat approval.
45. lfo ensure continued use of the proposed easement, the
applicant will submit plans at the time of Preliminary
PIan to provide a pedestrian bridge across the RobertsonDitch. The cost associated with design and constructionof the bridge is the responsibility of the applicant.
46. The applicant shall physically delineate that portion-of
the fisherrnan's/pedestrian eisement that traverses the
fl 15
1ffi
gravel pit lease area. The method of delineation shallbe set forth prior to the approval of the Preliminary
Plan.
47. The applicant shalI provide a draft of the proposed riverrecreation/boating easement overlaying the Roarl-ng ForkRLver, from high water line to high water line excludLngthe islandsr dt the time of submittal- of PrelI-mlnary
P1an.Such easement shall name the Homeowner's
Association as grantee and holder for the benefit and useof the public. Such easement shall be executed and
recorded at the time of final plat approval.
48. The Fisheman's/Pedestrian and river recreatlon/boating
Easement shall be identifled on all subsequent FLnalPlats where applicable.
EJA,SBUBI{T/OPEtr SPECE PARX
49. AJ.l Open Space/River Park areas sha1l be dedicated toappropriate grantees from the developei at the time of
r dpproval of an applicable Final Plat.
50. fhe forty foot (40') wide easement, extending from C.R.
109 to the Open Space/River Park, shall be dedicated tothe Division of Wildlife or the Aspen G1err llomeowner'EAssociation for use by the public and the appropriateinstrument recorded prior to the approval of'any Fina1Plat. The easement will be constructed with a gravel
surface and a 20' minimum driving surface. The eaiernentshall be executed and recorded at the time of Final PJ.at
approval
51, Fencing between the Aspen GIen River Park and the l{i1lerresidence shall be constructed in acccirdance with the
agreement with Doug Mi1ler.
52. All improvements and/or structures eonstructed Ln OpenSpace/niver Park areac within regulated floodplain shalIbe constructed in accordance with the requirements of
Section 5: Floodplains of the Garfield County ZonlngResolution.
53. The applicant shall provide a graveled parking area with
adequate 6pace for parking six (6) vehicles.
15
I,AilDSCJEPIRG
54. At the time of Prelimlnary Plan, the applicant wj.Il
submit a detailed landscaping plan for the proposed
landscaping buffers along S.H. 82 and C.R. 109, and
revegetation necessary to, mitigate the water tankIocations. The landscaping plan witl demonstrate the
following:
(A) The plant paIlet, sLze, and locatlon of proposgdplantings. This should be consistent with the
graphic representations presented durlng the PUD
hearings i
(B) Irrigation systems necessary to ensure sunrival of
the plantings;
(c)Replacement/maintenance plan to ensure replacementof unsuccessful plantings;
(D) The use of native species and adaptable species to
encourage water conaerration.
(E)
(F) Develop a program to eliminate or control noxious
weeds as identified by the County.
INRIGIATION DIIBCEES
55. At the time of Preliminary PIan, the applicant shallprovide agreements from the affected ditch uanagementorganizations (Glenwood and Robertson) consenting to
development affecting the ditches.
56. Engineering documents, addressing all ditch-related work,shall be provided at the time of Preli-minarry PIansubmittal for the affected portion of the development.
These improvements shaIl be included in the Subdivision
Improvements Agreement.Adequate surety for all
i-mprovements shall be provided in conJunction with the
Subdivision Improvements Agreement.
57. Adeguate width easements for maintenance of ditches shallbe depicted at Preliminary Plan and dedicated, whereapplicable, at time of first Final Plat.
L7
The color of water tanks shall be desigmated and
subJect to review and approval by the Board of
County Conmrissioners as part of PreJ-irul-narry Plan
submittaL
EIR CIIIEI,ITr
58. No open hearth solid-fuel fireplaces will be allowed
anlnvhere within Aspen Glen with the exception of four (4)
fireplaces pemi.tted in the clubhouae, as well as all
fireplaces currently in place in existing resLdences.
59. All dwelling units will be allowed an unrestricted nurnberof natural gas-burning fireplaces or applianees,
60,. All dwelling units will be allowed one (1) new rood-
burning stove as defined by C.R.S. 25-7-4A1, et. seq. and
the regulations promulgated thereunder.
61. Conditions 58, 59, and 50 shall be included in the
restrictive covenants and as a plat note on alL Flnal
Plats.
62. The applicant shall prepare a fugitive dust mltLgationplan to address dust control during constrrrction of
roads, utilities, common facilities and the golf course.
The plan shall be submitted at the time of PrelinLnary
PIan.
63. All air emissions shall be in compliance with all
applicable state and federal regulations.
NETI,AITDS
64.
65.
56.
At least forty-five (45) days prior to Preliminary Plansubmittal, the applicant shall apply to the Corps of
Engineers for a deterrnination of the irnpacts uPon
wetlands of the full proJect, and the approprl-ate permits
required therefor. The determlnation of the Corps 'of
Engineers regarding the type of permits requ5-red must be
made before Preliminary PIan approval.
All building enwelopes sha}I be located on lots such that
no wetlands wiII be impacted by foundation, accessory
buLldings, driveways or other accesBory struetures.
These building enveloBes will be submitted to the Countyat the time of Preliminary Plan submittal.
Covenants will be developed prohibiting the ftlltng of
wetlands contained within lots.
s L8
PI,AT ISOTES
67. The following plat notes shall be included on all Final
. Plats.
(A) Certain building locations may be_ - subJect to
geologic and hydrologic hazards. All structurea
itratt require the submittal of an engineerlng report
addressing soils and geology conditlons, foundation
design ana drainage prepared by a registered
professtonal engineer. AIl site developmentr^
Lncluding building construction, shall be conducted
in accordance wlth engineer's stipulations.
(B) (1) No open hearth solid-fuel burning fifeplaces
will be allowed anlmhere within Aspen GIen with
the exception of four (4) fireplaces in the
clubhouse and fireplaces currently in place in
existing residences;
(21 All dwelling units will be allowed an
unrestricted number of natural gas-burnLng
fireplaces or appliances; and
(3) All dwelling units will be allowed no more than
one new wood-burning stove as defined ry C.R-S-
25-7-4OL, et ses. and the regulations
promulgated thereunder.
(C) Lots may be located withi-n the 100 year-floodplain.
Lots wiLhin regulated floodplain are subJect to the
regulations oi Section 5t Floodplains of the
Garfield County Zoning Resolution.
(D) Only one dog is allowed for each dwelling unit.
68. The following plat notes shall be included
Plat(s) with Lots on the lrest side of C.R.
on a1l Final
109 r
Mitigation(A)Lots are subJect to debris flow.
measur€ls shall be addressed in a report prepared. by
a registered professional engineer. Any mitigation
required shall be constructed in accordance with
engineering recomnendations .
(B) State Forest Service l{ildfire Prevention Guidelinesshall be followed for residential construction.
19