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HomeMy WebLinkAbout7.0 Resolution 2002-82• :ii 11111 111111 111111 1111 illi 1111111 III 1111111111111 .0821 09/17/2002 03:21P B1387 P101 M ALSDORF A of 8 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 1 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 5th day of August, 2002, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2002-82 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN AND PLANNED UNIT DEVELOPMENT APPLICATION FOR WINDRIVER DEVELOPMENT, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan and Planned Unit Development (PUD) application from WindRiver, LLC to develop the Blue Creek Ranch property by subdividing the 81 acre site into 49 residential lots, of which, nine (9) lots shall be developed with deed -restricted affordable housing units and rezone the site from A/R/RD to (PUD); and WHEREAS, on July 10, 2002, the Garfield County Planning Commission amended the Proposed Land Use District Map of the Garfield Comprehensive Plan of 2000 for the subject property from Low Density Residential (10+ ac/DU) to High Density Residential (<2 ac/DU) by a 7 to 0 vote; and WHEREAS, on July 10, 2002, the Garfield County Planning Commission forwarded a recommended of approval with conditions to the Board of County Commissioners for the PUD and Subdivision Preliminary Plan requests by a 7 to 0 vote; and WHEREAS, the Board held a public hearing on the 5th day of August 2002 upon the question of whether the above-described Preliminary Plan and PUD should be granted r. 111111111111�111111111111111111111 " 11111111111111111 03:21P B13102 M ALSDORF of 8 R 0.00 D 0.00 GARFIELD COUNTY CO • or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan and PUD; and WHEREAS, the Board closed the public hearing on the 5th day of August 2002 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proper public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at that hearing. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. The application is in compliance with the standards set forth in Section 4.00 of the Zoning Resolution regarding Planned Unit Developments in the Garfield County. 5. The proposed use 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 by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the subdivision (Preliminary Plan) and Planned Unit Development request is approved to allow for development of the Blue Creek Ranch property by subdividing the 81 acre site into 49 residential lots, of which, nine (9) lots shall be developed with deed - restricted affordable housing units and rezoning the site from A/R/RD to (PUD) with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Due to the fact that the water system for Blue Creek Ranch PUD is a merged system with the Aspen Equestrian Estates Subdivision, the Applicant shall incorporate language addressing the interaction between the two Homeowners Associations in the Blue Creek Ranch By -Laws indicating the responsibilities of both Associations for the shared water system. 3. The Applicant shall include the following recommendations of the Division of Wildlife included within their letter dated May 13, 2002 (Exhibit V to Public Hearing dated 8/5/02) within the Homeowner's Association covenants and provide procedures 11111 111111 111111 1111 111111111610821 09/17/2002 03:21P 813803 M ALSDORF 3 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO for their enforcement by the HOA: a) Dogs and cats shall be prevented from running at large. b) Wire fencing shall be held to a minimum with a maximum height of 42" with no more than 4 strands and a 12" kickspace between the top two strands. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. Mesh fencing is strongly discouraged. Privacy fencing may be allowed in the residential clustered areas within building envelopes only. c) The Applicant shall use bear -proof trash cans. 4. The Applicant shall include the following recommendations of the Division of Wildlife within the Homeowner's Association covenants as recommendations for homeowners to consider regarding the presence of wildlife on the property: a) Bird feeders should be strung up from the ground with a seed catchment and humming bird feeders are not mounted on windows or the siding of the houses. b) Pets should be fed indoors, and pet food or food containers should not be left outside. c) BBQs should be securely housed in the garage or other indoor structure when not in use. d) Eliminate the planting of any berry, fruit, or nut producing plants or shrubs to discourage bears and other wildlife from feeding. e) Maintain as much of the existing vegetation as possible. 5. The Applicant shall conduct a weed inventory and provide the locations on a map. In addition, the Applicant shall provide a weed management plan for the inventoried noxious weeds. This information shall be sent to and reviewed by the Garfield County Vegetation Department prior to Final Plat. 6. Common area weed management -The Open Space Plan lists various areas of the site as conservation easements, private open space, general open space, public parks, public trail, or CDOT dedication. The Applicant shall designate entity or entities that will be responsible for weed management in each of these areas including roadways in the project. The Applicant shall submit this information to the Garfield County Vegetation Department for review prior to Final Plat. 7. Weed management by the Homeowner shall be addressed in the covenants. cenri atinn and each individual lot owner 8. The Applicant shall provide a map or narrative, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. The Applicant shall follow the revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) as to the following: . 1 111111 11111 111111 Dill 1111 1111 401 111 11111 1111 1111 610821 09/17/2002 03:21P B13 P104 M ALSDORF 4 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO • a) Plant material list. b) Planting schedule. c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security shall be submitted at Final Plat and appropriate language regarding its release shall be included and discussed in the Subdivision Improvements Agreement (SIA). e) Provisions for salvaging on-site topsoil. f) A timetable for eliminating topsoil and/or aggregate piles. g) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 9. The Applicant shall include estimates for the reclamation efforts. The estimates should include costs for seeding, mulching, and other factors that may aid in plant establishment. 10. The Applicant shall provide a detailed analysis regarding the outlet flow from the existing pond regarding detention storage releases by the time of Final Plat. 11. The Applicant shall provide a signed copy of an agreement with St. Finnbar Ranch regarding the relocation of the `lower ditch' within the property by the time of Final Plat. 12. The Applicant shall be allowed to reduce the Garfield County Street and Roadway design standards in designing the internal road network as well as the access points into the PUD from CR 100 as part of the Planned Unit development. As such, all roads and rights-of-way within the subdivision shall be designed to no less than a width of 50 feet in accordance with the Secondary Access classification as defined in Section 9:35 of the Garfield County Subdivision regulations. 13. The Applicant shall place additional straw bales in the drainage ditch along County Road 100 between Ponderosa Pass Road and the Blue Creek Ranch drainage, and along County Road 100 between Bristlecone Drive and the Blue Creek drainage. Construction documents shall reflect these changes by the time of Final Plat. 14. The Applicant shall provide an inspection, maintenance, and pumping plan for the proposed septic tanks of the sewer system to be reviewed and approved by the Planning D iar+*rent. This plan shall be included within the subdivision covenants and provided to the Garfield County Building and Planning Department at Final Plat. 15. Prior to the operation of the wastewater treatment facility, and consistent with the requirement imposed by the State of Colorado Department of Public Health and Environment, the Applicant shall obtain a discharge permit which shall specify the "final conditions and limitations of the operations of the facility." This permit shall be submitted to the Garfield County Building and Planning Department prior to the 111111 11111 1131 111111 1111 111 Silill 11111 11111 1111 1111• 610821 09/17/2002 03:21P B1387 P105 M ALSDORF 5 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO issuance of a Certificate of Occupancy by the Garfield County Building Department for any residential lot on the property. 16. The Applicant shall comply with the conditions of approval as stated in the letter from the Colorado Department of Public Health and Environment to Blue Creek Land Holdings, LLC dated November 21, 2001 and included as Appendix 8 in the application materials (See "Exhibit H" submitted for the public hearing before the BOCC on 8/5/0), as the same may be modified or superceded by any final discharge permit issued by the Department for the subject facility. Further; a) This site approval will expire one year from November 21, 2001 if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings that are to be part of a domestic wastewater treatment works. b) The design (construction plans and specifications) of the treatment works must be approved by the Division prior to the commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. c) The Applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with the approved plans, specifications, and change orders. 17. The Applicant shall provide nine (9) deed -restricted affordable housing lots within the PUD. Four (4) of such lots shall be deed -restricted and the units upon them shall be constructed by the Applicant, and sold in accordance with all applicable provisions of the Garfield County Affordable Housing Guidelines as codified in Section 4:14 of the Garfield County Zoning Resolution. While the Applicant has committed to the construction of four (4) affordable housing units, the Applicant shall demonstrate to Staff and the Board of County Commissioners how the five (5) remaining deed - restricted lots are to be sold and developed. 18. All nine (9) lots approved for deed -restricted affordable housing units are to be "for - sale" units. The Applicant shall construct four (4) of the units as deed -restricted affordable housing units pursuant to the Garfield County Housing Guidelines in the Garfield Zoning Resolution. The five (5) remaining lots approved for deed -restricted affordable housing units are to be constructed by future lot purchasers who qualify for those lots in accordance with the Garfield County Affordable Housing Guidelines. The Applicant shall present further details to the Planning Department as to the proposed nature of how the remaining five (5) deed -restricted affordable housing lots are to be sold within the regulatory parameters of the Garfield County Affordable Housing Guidelines. This language shall be provided at the time of Final Plat. A111111111111111111111111111111111 111111111111111 '610821 09/17/2002 03:21P B138 06 M ALSDORF 6 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO • a) Specifically, the Applicant shall provide a detailed proposal for how the five (5) affordable housing lots which will not be constructed upon by the Applicant will be sold in a manner which will address the regulatory intent of the AH Regulations. b) All nine (9) affordable housing units shall be included within the homeowners association for the PUD. However, the Declaration of Covenants shall include adequate provisions to assure that the affordable housing units will never be unduly burdened by a disproportionate share of fiscal responsibility required for the overall maintenance of the common facilities and roads throughout the PUD to the satisfaction of the Garfield County Planning and Attorney's Office at the time of Final Plat. 19. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the Final Plat: a) "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." b) "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." c) "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." d) "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." "Each lot shall have a maximum of 2,500 square feet of irrigation land from 11111111111111111 iiiigiiumi�iiuniiiiniuu • 610 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO domestic water system." f) The Applicant shall place a plat note on the Final Plat that would make the potential purchasers aware of the possibility that the Roaring Fork River is a dynamic stream and the current channel could move from its present position. g) The Applicant shall depict the following items on the Final Plat: 1. The 100 -year flood way; 2. The 100 -year flood fringe; 3. The building envelopes for all lots in the development; and 4. The elevation for each building envelope at 1 foot above the base flood elevation. 20. The Applicant shall delete "greenhouse" from the "Uses By Right" in Private Open Space areas as defined in the application. 21. The Applicant shall obtain and provide the County with the necessary well permits for the Appaloosa and Arabian Wells located on the Aspen Equestrian Estates Subdivision as issued by the State of Colorado Division of Water Resources at the time of Final Plat. 22. Impact fees shall be paid to the Carbondale and rural Fire Protection District prior to finalization of the final plat. The Applicant shall provide a receipt to the Planning Department proving a payment has occurred. 23. The Applicant shall either provide a land dedication or pay cash -in -lieu for the required School Impact Fees at the time of Final Plat. This payment shall be made to the Garfield County as part of Final Plat. Dated this 16th day of September, A.D. 2002. ATTEST: GARFIELD BOARD COM ► _ IONERS, GA COUNTY, CO COUNTY OF 1111111 11111 111111 111111 1111 IIIIII III 11111 IIII IIII610821 09/17/2002 03.21P B1387 P108 M ALSDORF 8 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO Nay Aye Aye • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Larry McCown Walt Stowe STATE OF COLORADO County of Garfield ) )ss ) 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 2002 County Clerk and ex -officio Clerk of the Board of County Commissioners • • August 9, 2002 Glenn Horn Davis Horn, Inc. 215 S. Monarch, Suite 104 Aspen, CO 81611 RE: Blue Creek Ranch PUD Approval Dear Glenn, Garfield County BUILDING & PLANNING DEPARTMENT As you are aware, on Monday, August 5, 2002, the Board of County Commissioners moved to approve the subdivision (preliminary Plan), Planned Unit Development, and Floodplain Special Use permit for Blue Creek Ranch / WindRiver Development, LLC with the following conditions: 1. The Applicant shall provide the same information to the County as was submitted to the State regarding their analysis of the water supply. This material shall be submitted to the Planning and Building Department prior to Final Plat. 2. Due to the fact that the water system for Blue Creek Ranch PUD shall be a merged system with the Aspen Equestrian Estates Subdivision, the Applicant shall incorporate language addressing the interaction between the two Homeowners Associations in the B -Laws which indicated the responsibilities of both Associations for the shared water system. 3. The Applicant shall adhere to the following recommendations of the Division of Wildlife included within their letter dated May 13, 2002: a) Dogs and cats shall be prevented from running at large. b) Wire fencing should be held to a minimum with a maximum height of 42" with no more than 4 strands and a 12" kickspace between the top two strands. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. Mesh fencing is strongly discouraged. Privacy fencing may be allowed in the residential clustered areas within building envelopes only. c) The Applicant shall use bear -proof trash cans. 4. The Applicant shall include the following recommendations of the Division of Wildlife within the Homeowner's Association covenants as recommendations for homeowners to consider regarding the presence of wildlife on the property: 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 • • a) Bird feeders should be strung up from the ground with a seed catchment and humming bird feeders are not mounted on windows or the siding of the houses. b) Pets should be fed indoors, and pet food or food containers should not be left outside. c) BBQs should be securely housed in the garage or other indoor structure when not in use. d) Eliminate the planting of any berry, fruit, or nut producing plants or shrubs to discourage bears and other wildlife from feeding. e) Maintain as much of the existing vegetation as possible, 5. The Applicant should conduct a weed inventory and provide the locations on a map. Weeds that may be in the area include: plumeless thistle, Scotch thistle, Canada thistle, and possibly oxeye daisy close to the Roaring Fork. In addition, the Applicant should provide a weed management plan for the inventoried noxious weeds. This information shall be sent to and reviewed by the Garfield County Vegetation Department prior to Final Plat. 6. Common area weed management -The Open Space Plan lists various areas of the site as conservation easements, private open space, general open space, public parks, public trail, or CDOT dedication. Please detail the entity that will be responsible for weed management in each of these areas and also any roadways in the project. (This information shall be sent to and reviewed by the Garfield County Vegetation Department prior to Final Plat.) 7. Weed management for the Homeowners Association and each individual lot owner shall be addressed in the covenants. 8. The revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) calls for the following: a) Plant material list. b) Planting schedule. c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security at Preliminary Plan and prior to Final Plat. e) Provisions for salvaging on-site topsoil f) A timetable for eliminating topsoil and/or aggregate piles. g) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 9. The Applicant shall provide a map or information, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. 10. The Applicant shall include estimates for the reclamation efforts. The estimates should include costs for seeding, mulching, and other factors that may aid in plant establishment. 11. The Applicant shall provide a detailed analysis regarding the outlet flow from the existing pond regarding detention storage releases by the time of Final Plat. • • 12. The Applicant shall comply with all six (6) special conditions stipulated by the U.S. Army Corps of Engineers in their letter dated April 10, 2002 relating to the nationwide permit to discharge dredged or fill material in waters of the United States for outfall structures and maintenance, minor discharges, and linear transportation crossings. These include: a) The Applicant must submit pre -construction photographs of the outfall conditions to the Roaring Fork River along with post construction photographs to establish recontour and grade matching activities effecting above and below the ordinary high water mark. b) Plant species identified and delineated by the Andy Anitpas report dated August 8, 2000, must be restored in the compensatory mitigation area using a combination of the following trees and shrubs; Pupulus angustifolia, Alnus incana, Cornus stonifera, Picea pungens, and Salix exigua. c) Topsoil from the delineated 1,505 square feet of impacted wetlands adjacent to building lot 21 must be moved to the area of compensatory mitigation and placed below the existing grade. The area of compensatory mitigation is directly east of building lots 18 and 19, within tract 5 of the final plat map submitted to this office and dated January 4, 2002. d) The Applicant must submit prints of photographs depicting the degree to which performance criteria has been met for the 2300 square feet of compensatory mitigation wetland in a wetland mitigation report. e) The Applicant must send a signed letter of certification to the Corps of Engineers within 30 days after completion of the work (see general condition number 14). A copy of the certification statement is included for your use. f) The Applicant must comply with any Federal Emergency Management Agency (FEMA) approved state or local management requirements for building activities within the 100 year floodplain identified by your Existing Conditions / Topography Map dated September 21, 2000. 13. The Applicant shall provide a signed copy of an agreement with St. Finnbar Ranch regarding the relocation of the `lower ditch' within the property by the time of Final Plat. 14. The Applicant shall be allowed to reduce the Garfield County Street and Roadway design standards in designing the internal private road network as well as the access points into the PUD from CR 100 as part of the Planned Unit development. As such, all roads and rights-of-way within the subdivision shall be designed to no less than a width of 50 feet in accordance with the Secondary Access classification as defined in Section 9:35 of the Garfield County Subdivision regulations. • • 15. Additional straw bales shall be located in the drainage ditch along County Road 100 between Ponderosa Pass Road and the Blue Creek Ranch drainage, and along County Road 100 between Bristlecone Drive and the Blue Creek drainage as recommended by Michael Erion in his review letter dated May 22, 2002. Construction documents shall reflect these changes by the time of Final Plat. 16. The Applicant shall indicate within the covenants which lots within the development have existing wetlands and areas within flood fringes and / or flood ways of the Roaring Fork River. The covenants shall state that disturbance of these wetlands and floodplain areas are prohibited. 17. The Applicant should use a 1999 study prepared by BRW for the Colorado Water Conservation Board illustrating channel instability in the Roaring Fork River as a starting point to prepare a review of more detailed geomorphology of the river in that particular area over the last 30 years as recommended by the Colorado Geologic Survey. This analysis should be prepared by a person qualified to conduct such studies. This report shall be submitted to the Planning and Building Department at the time of Final Plat. 18. The Applicant shall provide an inspection, maintenance, and pumping plan for the proposed septic tanks of the sewer system to be reviewed and approved by the Planning Department. This plan shall be included within the subdivision covenants and provided to the Garfield County Building and Planning Department prior to Final Plat. 19. Prior to the operation of the facility, and consistent with the requirement imposed by the State of Colorado Department of Public Health and Environment, the Applicant shall obtain a discharge permit which shall specify the "final conditions and limitations of the operations of the facility." This permit shall be submitted to the Garfield County Building and Planning Department prior to the issuance of a Certificate of Occupancy by the Garfield County Building Department for any residential lot on the property. 20. The Applicant shall comply with the conditions of approval as stated in the letter from the Colorado Department of Public Health and Environment to Blue Creek Land Holdings, LLC dated November 21, 2001 and included as Appendix 8 in the applications materials, as the same may be modified or superceded by any final discharge permit issued by the Department for the subject facility. Further; a) This site approval will expire one year from November 21, 2001 if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings that are to be part of a domestic wastewater treatment works. • • b) The design (construction plans and specifications) of the treatment works must be approved by the Division prior to the commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. c) The Applicant' s registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with the approved plans, specifications, and change orders. 21. Since the nine (9) affordable housing units are "for -sale" units, the applicant shall provide appropriate language to the Planning Department that demonstrates that the affordable housing units are not unduly burdened by a disproportionate share of fiscal responsibility required for the overall maintenance of the common facilities and roads throughout the PUD. 22. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the Final Plat: a) "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non - negligent agricultural operations." b) "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." c) "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." d) "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." e) "Each lot shall have a maximum of 2,500 square feet of irrigation land from domestic water system." 23. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 24. The Applicant has agreed to delete "greenhouse" from the "Uses By Right" in Private Open Space areas as defined in the application such as Tract 3 (pasture lands on the north end of the property.) 25. The Applicant shall present Staff with further details as to the proposed nature of how the remaining five affordable housing lots undeveloped by the developer are to be sold within the regulatory parameters of the Garfield County Affordable Housing Guidelines. 26. The Applicant shall obtain and provide the County with the necessary well permits for the Appaloosa and Arabian Wells located on the Aspen Equestrian Estates Subdivision as issued by the State of Colorado Division of Water Resources at the time of Final Plat. 27. The Applicant shall provide nine (9) affordable housing units within the PUD. Four (4) of such units shall be deed restricted, constructed by the Applicant, and sold in accordance with all applicable provisions of the Garfield County Affordable Housing Guidelines as codified in Section 4:14 of the Garfield County Zoning Resolution (the "AH Regulations"). While the Applicant has committed to the construction of four affordable housing units, the Applicant shall demonstrate to Staff and the Board of County Commissioners how the remaining deed restricted lots are to be sold and developed. Further, the Applicant shall provide assurance to Garfield County that the five (5) units will be constructed as required by the AH Regulations. a) Specifically, the Applicant shall provide a detailed proposal for how the five (5) affordable housing lots which will not be constructed upon by the Applicant will be sold in a manner which will address the regulatory intent of the AH Regulations. b) All nine (9) affordable housing units shall be included within the homeowners association for the PUD. However, the Declaration of Covenants shall include adequate provisions to assure that the affordable housing units will never be unduly burdened by a disproportionate share of fiscal responsibility required for the overall maintenance of the common facilities and roads throughout the PUD. 28. The Applicant shall provide language within the protective covenants for the development as well as incorporate into a plat note on the Final Plat which lots within the development have existing wetlands and areas within the flood fringe and / or floodway of the Roaring Fork River. In addition, the covenants shall state that disturbance of any such designated wetland or floodway areas are prohibited without receiving the proper approvals from the necessary jurisdictions. The Applicant shall include a plat note as well as language in the protective covenants stating that no development shall be allowed on any portion of any lot which is designated as a wetland or located within a delineated floodway. • IP 29. While this approval grants a Floodplain Special Use Permit for constructing dwellings within the designated building envelopes in the flood fringe, the two road sections and the wastewater outfall structure in the flood way, the Applicant shall incorporate language in the protective covenants for the development that indicates to the future purchasers of those lots that contain building envelopes located within the flood fringe that they are subject to the Garfield County Floodplain regulations for other activities. 30. This Floodplain Special Use Permit, as approved by the Board of County Commissioners for the entire Blue Creek Ranch property as described herein, shall constitute the necessary Special Use Permit approval for development on each of the lots subject to the Floodplain Regulations in the Garfield County Zoning Resolutions. Further, as each such lot is developed, the owner / developer shall be required to demonstrate to Garfield County Building and Planning Department as part of the building permit process that the finished floor elevation shall be constructed at one foot above the floodplain elevation. This condition shall be included as a plat note on the Final Plat. 31. Prior to the issuance of a certificate of occupancy for each lot subject Garfield County Floodplain Regulations , the applicant for the CO shall provide the Garfield County Building and Planning Department with an official survey indicating the proposed dwelling location was surveyed and the finished floor elevation must be constructed at one foot above the floodplain elevation. This survey is to be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. This condition shall be included as a plat note on the Final Plat. 32. The Applicant shall place a plat note on the Final Plat that would make the potential purchasers aware of the possibility that the Roaring Fork River is a dynamic Stream and the current channel could move from its present position. 33. The Applicant shall depict the following items on the Final Plat: a. The 100 -year flood way; b. The 100 -year flood fringe; c. The building envelopes for all lots in the development; and d. The elevation for each building envelope at 1 foot above the base flood elevation. Please advise your client as to process required for submitting the Final Plat with the required adjustments in order to receive a signed Resolution memorializing the Board of County Commissioner action. Do not hesitate to contact me in the event you have any questions. Sincerely, Fred arman, Senior PI • • RESOLUTION NO. 2002 -PC -1 RESOLUTION CONCERNED WITH THE ADOPTION AND CERTIFICATION OF AN AMENDMENT TO THE GARFIELD COUNTY COMPREHENSIVE PLAN, STUDY AREA I, BY THE GARFIELD COUNTY PLANNING COMMISSION. WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado, for which the Board of County Commissioners is authorized to act; and WHEREAS, pursuant to law, the Board of County Commissioners of Garfield County has appointed the Garfield County Planning Commission; and WHEREAS, Colorado Statutes at Section 30-28-106, C.R.S., as amended, authorize and require the Garfield County Planning Commission to adopt a comprehensive master plan for the unincorporated area of Garfield County, Colorado; and WHEREAS, on September 13, 1995, the Garfield County Planning Commission adopted the Garfield County Comprehensive Plan, Study Area I; and WHEREAS, WindRiver Development, LLC, represented by Davis / Horn Inc., requested that the Planning Commission amend the Proposed Land Use Districts map for Study Area 1 from Low Density Residential (10+ ac/DU) to High Density Residential (<2 ac/DU) for land legally described on Exhibit A, attached hereto; and WHEREAS, the Garfield County Planning Commission conducted a public meeting on July 10, 2002, upon the question of whether the proposed amendments to the Garfield County Comprehensive Plan, Study Area I should be adopted, modified, or whether any action should be taken on this matter; and NOW, THEREFORE, BE IT RESOLVED, by the Garfield County Planning Commission, that the Proposed Land Use Districts map for Study Area 1, be amended to designate properties described in Exhibit A, attached hereto, as High Density Residential (<2 ac/DU). The foregoing resolution was adopted by the Garfield County Planning Commission on the 10th day of July, 2002. Philip Vaughan, Cha zan Garfield County Planning Commission A 11LST: Secretary, Garfield County Planning Commission 1 1 1 1 1 1 1 1 1 1 1 1 1 "41)0,\16(A- A - Policy No. LTHH234155 Our Order No. GW234155 LEGAL DESCRIPTION SOUTH 84 DEGREES 53'34" WEST, A DISTANCE OF 96.53 FEET; SOUTH 86 DEGREES 56'14" WEST, A DISTANCE OF 93.61 FEET; NORTH 89 DEGREES 35'50' WEST, A DISTANCE OF 93.75 FEET; NORTH 86 DEGREES 21'01" WEST, A DISTANCE OF 94.46 FI;ET; NORTH 82 DEGREES 59'43" WEST, A DISTANCE OF 94.93 FEET; NORTH 79 DEGREES 59'43" WEST A DISTANCE OF 95.24 FEET; NORTH 77 DEGREES 47'12" WEST, A DISTANCE OF 97.04 FEET; NORTH 77 DEGREES 19'56" WEST, A DISTANCE OF 99.76 FEET; NORTH 77 DEGREES 10' 16" WEST, A DISTANCE OF 86.35 FEET TO A INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD 100; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND CURVES: THENCE NORTH 36 DEGREES 10' 38" EAST, A DISTANCE OF 92.37 FEET; THENCE ALONG A CURVE TO nit LFET 145.86 FEET, THE RADIUS OF SAID CURVE BEING 340.27 FEET, THE CENTRAL ANGLE IS 24 DEGREES 33' 37", THE CURVE LONG CHORD BEARS NORTH 24 DEGREES 23' 49" EAST, A DISTANCE OF 144.75 F1 L 1; THENCE NORTH 12 DEGREES 07' 00" EAST, A DISTANCE OP 1490. 00 FEET; THENCE ALONG A CURVE TO THE LEFT 296.07 FEET, THE RADIUS OF SAID CURVE BEING 1462.39 FEET, THE CENTRAL ANGLE IS 11 DEGREES 36' 00", THE CURVE LONG CHORD BEARS NORTH 06 DEGREES 19' 00" EAST, A DISTANCE OF 295.57 FEET; THENCE NORTH 00 DEGREES 30' 48" EAST, A DISTANCE OF 727.56 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 1 1 1 1 1 1 1 1 1 1 1 t 1 i 1 LL Policy No. LTHH234155 Our Order No. GW234155 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE UNITED STATES GOVERNMENT LOTS 1, 2, 6, 7, 11 AND THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, SAID PARCEL IS LOCATED SOUTHERLY OF COLORADO STATE HIGHWAY NO. 82, EAS TLKLY OF GARFIELD COUNTY ROAD 100 AND NORTHERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY, AND IS MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER. OF SAID GOVERNMENT LOT 2, SECTION 31, THENCE SOUTH 00 DEGREES 55'02' EAST, A DISTANCE OF 1197.02 FEET TO THE IN 1'ERSECTION OF SAID COUNTY ROAD 100 EASTERLY RIGHT-OF-WAY WITH THE SOUTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82, THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID STATE HIGHWAY SOUTHERLY RIGHT-OF-WAY THE FOLLOWING: NORTH 81 DEGREES 01'05" EAST, A DISTANCE OF 7.29 FEET TO THE POSITION FOR COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), MONUMENT 529 OP PROJECT NO. CX(FC) 24-0082-26 (MISSING), (SAID POINT IS MARKED BY A WITNESS CORNER MONUMENT, A 5/8" STEEL ROD WITH YELLOW PLASTIC CAP MARKED BUETTNER 13166 WC, AT A DISTANCE OF NORTH 81 DEGREES 01'05" EAST, 2.00 FEET FROM THE CDOT MONUMENT POSITION, SAID WETNESS CORNER MONUMENT IS LOCATED AT THE BASE OF A WIRE FENCE); THENCE NORTH 81 DEGREES 01'05" EAST, A DISTANCE OF 120.91 FEET TO A CDOT MONUMENT 530 OF SMD CDOT PROJECT; THENCE NORTH 72 DEGREES 01'13" EAST, A DISTANCE OF 188.81 FEET TO THE CDOT MONUMENT 531 OF SAID PROJECT; THENCE SOUTH 84 DEGREES 43'15" EAST, A DISTANCE OF 401.16 FEET TO THE CDOT MONUMENT 532 (MISSING NOW MARKED WITH A 5/8" STEEL ROD AND YELLOW PLASTIC CAP MARKED BUETTNER 13166), OF SAID PROJECT; THENCE SOUTH 78 DEGREES 30'40" EAST, A DISTANCE OF 382.98 FEET TO A WIRE FENCE CORNER; THENCE DEPARTING SAID STATE RIGHT-OF-WAY SOUTH 00 DEGREES 35'23" WEST, A DISTANCE OF 1834.33 FEET ALONG A WIRE FENCE TO A FENCE CORNER; !HENCE SOUTH 89 DEGREES 16'38" EAST, A DISTANCE OF 231.46 FEET TO A FENCE CORNER; THENCE SOUTH 00 DEGREES 10' 42" EAST A DISTANCE OF EAST, A DISTANCE OF 785.71 FEET ALONG A WIRE FENCE TO A INTERSECTION WITH THE DENVER AND RIO GRANDE WESTERN RAILROAD NORTHERLY RIGHT-OF-WAY, SAID POINT OF INTERSECTION BEING WITHIN THE ROARING FORK RIVER; THENCE WESTERLY ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY, BEING LOCATED WITHIN THE ROARING FORK RIVER THE FOLLOWING: SOUTH 80 DEGREES 2T41" SOUTH 83 DEGREES 46'38" SOUTH 84 DEGREES 11'43" SOUTH 84 DEGREES 12'1I" SOUTH 84 DEGREES 12'20" SOUTH 84 DEGREES 12'45" SOUTH 84 DEGREES 06'14'' SOUTH 84 DEGREES 09'08" WEST, A DISTANCE OF 230.73 FEET; WEST, A DISTANCE OP 96.97 FEET; WEST A DISTANCE OF 99.20 FEET; WEST, A DISTANCE OF 99.74 FEET; WEST, A DISTANCE OF 99.08 FEET; WEST, A DISTANCE OF 103.09 FEET; WEST, A DISTANCE OF 97.41 FEET; WEST, A DISTANCE OF 100.70 FEET;