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HomeMy WebLinkAbout02.04 Binder 1 - Section 5• BOCC Resolution 2005-83 (PUD) • • • SPRING VALLEY RANCH PUD FINAL PLAT APPLICATION COMPLIANCE WITH CONDITIONS OF APPROVAL FROM BOCC RESOLUTION 2005-83 APPROVAL OF A PLANNED UNIT DEVELOPMENT APPLICATION Direct citations from the Subdivision Regulations are indicated in italics and the Applicant's response is indicated in bold. 1.0 The following conditions consolidate, amend, and restate as appropriate the conditions contained in the various resolutions approving, extending or amending the PUD for Spring Valley Ranch in Resolutions 2000-95, 2003-19, and 2003-99. They supersede and replace all of the conditions of approval in said resolutions, and the conditions of approval set forth in said resolutions shall be null and of no further force or effect. RESPONSE: No response necessary 2.0 That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission or in the hearing before the Board of County Commissioners, shall be considered conditions of approval, including at a minimum, but not limited to the following: RESPONSE: No response necessary 3.0 The following conditions included in the letter received from Nick Adeh of NA consulting dated June 13, 2000, are to be adhered to as a conditions of approval: 3.1 Construct the west entrance to County standards as a paved road and stop CR115 paving at this intersection. 3.2 The remaining segments of the CR 115 that are beyond the property frontage must remain unpaved and rough as is. 3.3 Install selective signage on CR 115 just west of the PUD to discourage use of Red Canyon Road as an alternative access to State Highway 82. RESPONSE: This condition relates to the improvements to County Road 115 adjacent to and west of the western entrance into the development at Landis Creek. Those improvements to the Landis Creek entrance road and that portion of County Road 115 are not required for Phase 1 and therefore, these conditions are not applicable to this Phase 1 Final Plat application. 4.0 During construction, the applicant will be responsible for all dust mitigation caused by the project on on-site and off-site roads. RESPONSE: A cost estimate for dust mitigation is included in the construction cost estimate for all improvements for Phase 1, which is provided as Exhibit B of the Subdivision Improvements Agreement, in Section 6 of Binder 1. A dust mitigation plan is incorporated into the Soil Management Plan, included in Appendix H of Binder 2 of the final plat application. 5.0 Access agreements for out parcels need to be included in any Preliminary Plan submittal and the proposed covenants need to be changed to address these agreements. RESPONSE: Access easements for all out parcels that have access through Spring Valley Ranch property have been depicted and described on the final plat. The final plat for Phase 1 does not require the modification of any access easements to the out parcels, therefore the requirement for access easement agreements is not applicable to the Phase 1 Final Plat. 6.0 The monitoring plan for the best management practices shall be controlled/ implemented by the Home Owner's Association or another body capable of managing the plan. RESPONSE: Section 6.7 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1 of the Phase 1 Final Plat application, includes the provision for the establishment and control of the design guidelines. The design guidelines, also provided in Section 8 of Binder 1, include requirements for the monitoring of the best management practices. 2 • • • • 7.0 That all of the proposed Development Phasing Schedule be modified to require the final platting of all phases within 15 years of the platting of the first phase and that the completion of construction periods may be less as required by the applicable subdivision improvements agreement. RESPONSE: A copy of the development phasing schedule approved by the BOCC on November 7, 2005 is provided in Section 11 of Binder 1. As noted in Note 1 on Page 5 of the development phasing schedule, which states, "Notwithstanding any dates to the contrary, the Final Plats for all lots in all phases must be approved no later than 15 years after the date of the approval of the Final Nat for Phase 1." 8.0 All trails and open space shall be included as part of Phase 1. All infrastructure and public utilities may be phased in accordance with the phasing plan set forth in Exhibit 21 of Binder 4. RESPONSE: All trails and open space are included in the Phase 1 Final Plat, attached to this application. 9.0 Based upon the representations of the applicant, accepting the provisions of the letter of Mr. John R. Schenk, dated September 12, 2000 (See attached Exhibit `B'), the following conditions are imposed: 9.1 The Covenants, Conditions and Restrictions (CCRs) for the Village Center shall provide that the Chenoa (Spring Valley Ranch) Home Owners Association will be the governing authority with all appropriate enforcement powers for operation and control of the Village Center, including all commercial and residential areas, as well as open space. 9.2 These restrictions, based upon the letter of Mr. John R. Schenk, (See Exhibit 'B' attached), shall be included in the restrictive covenants binding upon such lands and running to the benefit of the owners of the Chenoa (Spring Valley Ranch) PUD and the owners of the Lake Spring Ranch PUD and duly recorded in the records of the Clerk and Recorder of Garfield County. RESPONSE: These conditions relate to the control of the residential and commercial components of the Village Center. The Phase 1 Final Plat only includes the two Metro District parcels within the Village Center. One parcel provides for the construction of the Landis Creek Metropolitan Districts' offices and maintenance facilities and the other parcel provides for the construction of the Fire and EMS station within the project. Both parcels are therefore provided for governmental facilities and not residential or commercial facilities. Therefore, these conditions are not applicable to the Phase 1 Final Plat application. 10.0 Future use of additional wells (Gamba wells) requires the development of water rights and well permits if required by the appropriate state agency. RESPONSE: The "Gamba Wells" were decreed in Case No. 98CW256, Water Division No. 5. The "Gamba wells" have been permitted as set forth in Appendix A of Binder 1. 11.0 All conditions of the Division of Water Resources shall be met. Those conditions include but are not limited to: (1) the claimed water rights are dedicated to the project, and (2) the plan for augmentation is operated according to decreed terms and conditions. RESPONSE: As demonstrated in Appendix A of Binder 2 of the Final Plat application, at the time of recording of the final plat Spring Valley Holdings, LLC will convey and assign the appropriate portions of the water rights, well permits, plan for augmentation and Basalt Water Conservancy District contract necessary to service Phase I to the Landis Creek Metropolitan District No. 1, the water provider to the development. Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached to Appendix A as Exhibit I, the District will operate the water rights, permits and augmentation plan according to their terms, including specifically the terms of all applicable stipulations and agreements with objectors. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of the parties to any such agreements and stipulations, the parties specifically identified in the conditions of approval, and to Garfield County. Therefore, this condition will be fully satisfied with respect to Phase I. 12.0 Available surface water supplies shall be used to their fullest extent to provide the irrigation supply to the golf courses in order to minimize groundwater withdrawals. A groundwater monitoring plan shall be developed to monitor fixture water levels near the Spring Valley Ranch wells. The monitoring plan shall include water level measurements in the production wells and other wells at the PUD that can be used as monitoring holes. The monitoring plan shall include measurements made with enough frequency to observe seasonal groundwater fluctuations and long term groundwater trends. Results of the monitoring program shall be available to the public. RESPONSE: 4 • • • • • • As part of the preliminary plan submittal, the project is committed to using available surface water supplies for golf course irrigation, and to use water from wells as supplemental to the surface supplies. Senior surface rights on Landis Creek will be used for golf course irrigation. The water rights dedication agreement and conveyance of the wells to the Landis Creek Metropolitan District No. 1 attached to Appendix A as Exhibit I, is subject to a reservation that any portion of the water rights not then needed by the District for domestic water service to and within Phase I of the Spring Valley Ranch P.U.D., may be used for golf course irrigation purposes supplemental to surface water supplies owned and used by the Grantor for such purpose. This satisfies the first part of this condition. A groundwater monitoring plan prepared by Wright Water Engineers is attached to Appendix A as Exhibit J. In the water rights dedication agreement between Spring Valley Holdings, LLC and the Landis Creek Metropolitan District No. 1 attached to Appendix A as Exhibit I, the District agrees to operate and maintain this groundwater monitoring plan. This satisfies the balance of this condition. 12.1 There will be an additional monitoring well developed or identified that is at least 2000 feet from the production wells. Either a new well or an off- site well meeting those criteria could meet the criteria. All of the monitoring reports will be available to the public. RESPONSE: Attached to Appendix A as Exhibit K is a copy of a monitoring well permit application submitted to the Office of the State Engineer, together with a map illustrating that the monitoring well will be more than 2000 feet from wells ASR 13 and ASR 14. Since the wells will be owned by the Landis Creek Metropolitan District No. 1, the monitoring results will be public documents. 13.0 The domestic water system must be constructed and operated in accordance with the Colorado Department of Public Health and Environment regulations and standards. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached to Appendix A as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume this obligation shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. Additionally, a copy of the Application for Construction Approval to the Colorado Department of Public Health and Environment is provided in Appendix J of Binder 2. 14.0 The Applicant shall comply with the following conditions relating to wildlife: 14.1 Dogs: Dogs shall be allowed on each residential, commercial and/or industrial lot pursuant to Section 3.17 of the Applicant's proposed covenants unless Garfield County Zoning and Subdivision regulations are more restrictive. 14.2 Seasonal Use Restrictions: The seasonal use restrictions proposed by the applicant in the submittal shall be conditions of approval. 14.3 Educating Residents: Consistent with the provisions in the CDOW Letter of August 31, 1999, the Applicant shall provide an informative brochure at the first Final Plat which is intended to be provided to residents at the time of conveyance of each lot. 14.4 Additional Commitments: The Wildlife Mitigation Plan proposed by the applicant shall be made a part of the proposed covenants. 14.5 Fencing: Fencing shall be allowed pursuant to Section 3.24 of the proposed covenants. 14.6 Horses and Livestock: As per the Applicant's submittal, horses shall be permitted pursuant to Sections 3.17 and 3.24 of the proposed covenants. 14.7 Building Envelopes: Building envelopes shall be represented by the Applicant on the Preliminary plan Application consistent with this PUD Application. 14.8 Wildlife Mitigation: A Wildlife Mitigation Plan will be implemented through the Applicant's proposed covenants and deed restrictions as a condition of any Final Plat approval. 14.9 Bears/Trash Removal: The Applicant shall comply with Section 3.14 of the proposed covenants submitted by the Applicant. 14.10 Riparian/Wetlands: The provisions listed in the CDOW letter of August 31, 1999 and Section 4.3.4 of Appendix E of the submittal (Wildlife Report) shall be conditions of any approval. 14.11 Raptor Survey: At the time of the first Final Plat, the Applicant shall demonstrate compliance with Section 4.3.3 of the "Wildlife Use, Impacts, and Mitigation" report submitted by the Applicant. 6 • • • • • • RESPONSE: All of these conditions are wildlife related matters. These issues are addressed in the Wildlife Mitigation Plan, which is provided in the Master Rules and Regulations, which are included in Section 8 of Binder 1. 15.0 No new wood burning open hearth fireplaces shall be allowed within the development RESPONSE: A note stating this condition is included on Sheet P2 of the Final Plat. This issue is also addressed in section 3.11 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1 of the Final Plat application. 16.0 No short term rental (daily or weekly) of the Wilderness Cabins will be allowed. RESPONSE: This issue is addressed in section 3.37 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1 of the Final Plat application. • BOCC Resolution 2005-84 (Subdivision) • • • SPRING VALLEY RANCH PUD FINAL PLAT APPLICATION COMPLIANCE WITH CONDITIONS OF APPROVAL FROM BOCC RESOLUTION 2005-84 APPROVAL OF A PRELIMINARY PLAN APPLICATION Direct citations from the Subdivision Regulations are indicated in italics and the Applicant's response is indicated in bold. 1.0 The following conditions consolidate, amend, and restate as appropriate the conditions contained in the various resolutions approving, extending or modifying the preliminary plans for Spring Valley Ranch in Resolutions 2002-07 and 2003- 98. They supersede and replace all of the conditions of approval in said resolutions, and the conditions of approval set forth in said resolutions shall be null and of no further force or effect. RESPONSE: • No response necessary. 2.0 That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission or in the hearing before the Board of County Commissioners, shall be considered conditions of approval, including at a minimum, but not limited to the following: RESPONSE: No response necessary. 3.0 The applicant shall make application to the Colorado Department of Transportation, pursuant to Section 2.3(12)(b) of the State Highway Access Code, for a permit for the reconstruction of an existing access at the intersection of County Road 114 and State Highway 82. Such application and approved permit shall be tendered as a part of the approved phasing plan and shall be included with the applicable final plat documents, specifically the subdivision improvements agreement that includes security for the intersection improvements. RESPONSE: An application for a Highway Access Permit for Spring Valley Ranch PUD was • submitted to the Colorado Department of Transportation on September 12, 2007. According to CDOT regulations, CDOT has 45 days to respond to the application. Therefore, we expect to receive a response to the application no later than October 31, 2007. Following our receipt of the response to the application from CDOT we will forward a copy of the response to Garfield County for inclusion in this Final Plat application. A copy of the application submitted to CDOT is provided in Appendix C of Binder 2. 4.0 The applicant shall make the improvements to County Roads 114 and 115 as proposed in the application, at their own expense, regardless of cost, and consistent with the phasing of the improvements proposed in the application. RESPONSE: The final engineering plans for the Phase 1 improvements to Garfield County Road 114 are provided in the Engineering Plans contained in Exhibit 2 of Binder 4. The construction cost estimate for those improvements are included in Exhibit B of the Subdivision Improvements Agreement, which is contained in Section 6 of Binderl. 5.0 The alignment of CR 114 is contingent upon application by Lake Springs Ranch for the realignment of CR 114 through the Lake Springs Ranch and approval of such application by the County. The following conditions of approval shall apply only if Lake Springs Ranch obtains approval for the realignment of CR 114. Otherwise, the current conditions of approval related to CR 114 in its existing alignment shall apply, the Applicant shall not show the realigned road on its final plat, and the preliminary plan shall be automatically and without further action amended to delete the realigned road and the following conditions of approval: 5.01 Because the proposed realignment of CR 114 will travel through Lake Springs Ranch, the Applicant shall obtain a right-of-way for CR 114 from the owners of the affected property prior to any approval of a final plat which right-of-way shall be dedicated to Garfield County. This shall be shown on all final plat documents as appropriate. 5.02 If the proposed realignment of CR 114 is approved for both Spring Valley Ranch and Lake Springs Ranch, prior to construction of the realigned CR 114, the owners of Spring Valley Ranch shall submit a Road Vacation Application, executed by the owners of both Spring Valley Ranch and Lake Springs Ranch under the County Road Vacation Policies. 5.03 Because Spring Valley Sanitation District has made certain real improvements that are located within CR 114 as it is currently located, the Applicant shall enter into an agreement with Spring Valley Sanitation District regarding the improvements that have been installed within the existing CR 114 alignment so that there will be no disruptions to service a provided by the District and that costs for relocation of certain • • • improvement, if necessary, shall be addressed in the agreement. This • signed agreement shall be provided to Staff at the time of the final plat. • • 5.04 Because the majority of the proposed realignment of CR 114 lies within the boundaries of the Lake Springs Ranch property, any approval for the realignment of CR 114 for Spring Valley Ranch shall not be considered approved unless a similar approval is obtained by Lake Springs Ranch. 5.05 Spring Valley Ranch, in the design and reconstruction of CR 114, shall comply with the standards and criteria included in Resolution 2002-109 as those conditions relate to shoulder width (6 feet), surfacing and ditch design. 5.06 Prior to approval of a new alignment for CR 114, Spring Valley Ranch shall submit a plan for the intended use of the old CR 114 Right -Of -Way. Such plan shall be approved by the owners of Lake Springs Ranch and provide for proportionate cost sharing. If the Plan proposes to leave the old CR 114 Right -Of -Way as -is for a period of at least one year, the owners of Spring Valley ranch shall provide a weed management plan for that Right -of -Way. If the Plan for the new CR 114 Right -Of -Way requires reclamation, the owners of Spring Valley ranch shall submit 1) a plant material list, 2) a planting schedule, 3) an estimate in terms of acres or square feet of the area to be reclaimed, and 4) a revegetation bond or security before final BOCC approval. 5.07 The revegetation security provided to Garfield County shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. 5.08 The Reclamation Plan anticipated above shall include I) a plant material list (to conform with the surrounding native vegetation), 2) a planting schedule, 3) a map of the areas impacted by soil disturbances (road cuts) and an estimate of surface area disturbed, and 4) a revegetation bond or security as part of the relevant subdivision improvements agreements. 5.09 The Subdivision Improvements Agreement (SIA) for Phase 1 of Spring Valley Ranch PUD shall provide that the Phase 1 improvements to CR 114 need not be commenced until 2 years after the date of the SIA for Phase 1, or the approval of the application by the Lake Springs Ranch developers to realign CR 114. In the event the end of said 2 -year period falls between October 1 — March 31, the Applicant may commence construction as soon as practicable when weather conditions permit. Security for the Phase 1 improvements to CR 114 shall be in place at same time as other improvements set forth in the subdivision improvements agreement for Phase 1. The phasing schedule set forth in Exhibit 21 of Binder 4 is hereby amended to provide for the potential construction of Phase 1 improvements to CR 114 in accordance with this Condition 5.0. RESPONSE: As noted in Condition 5.0 above, "The following conditions of approval shall apply only if Lake Springs Ranch obtains approval for the realignment of CR 114." Since Lake Springs Ranch has not yet obtained approval for the realignment of CR 114, these conditions are not applicable to this application at this time. However, in accordance with these conditions, in the event that Lake Springs Ranch does in fact obtain approval for the realignment of CR 114, then the owners of Spring Valley Ranch PUD will comply with these conditions as applicable. It should be noted, that the construction cost for the improvements related to the realignment of CR 114 are included in the construction cost estimate contained in Exhibit B of the Subdivision Improvements Agreement, which is provided in Section 6 of Binder 1. 6.0 A maintenance and repair plan for the internal private road system must be included in the covenants of the master homeowners association. RESPONSE: A Maintenance and Repair Plan for the Internal Road System is provided as Attachment C of the Master Rules and Regulations, which are included in Section 8 of Binder 1. This plan is also referenced in section 4.1 of the Covenants, Conditions and Restrictions, which are also provided in Section 8 of Binder 1. 7.0 The Applicant and Mrs. Veltus shall negotiate in good faith for the creation of a new road easement through the Applicant's property on reasonable terms and conditions. Such easement shall be identified on the final plat hut shall not require a PUD amendment. RESPONSE: The current and former owners of the Spring Valley Ranch PUD have communicated multiple times and conducted numerous negotiations with Mrs. Veltus regarding an access easement to her property through the Spring Valley Ranch PUD. The most recent communications with Mrs. Veltus are documented in Appendix E of Binder 2. At this point in time, although many offers have been extended to Mrs. Veltus, no agreement has yet been established. The owners of Spring Valley Ranch PUD will continue to negotiate with Mrs. Veltus and will provide an access easement across the Spring Valley Ranch PUD property if an agreement can be reached. • • • 8.0 The debris flow/retention structures detailed on Sheet D-15 shall be located on the drainage plan sheets, including the proposed size of structure. RESPONSE: There are two areas within the developed portion of Phase 1 that have been identified in the Preliminary Plan as having a potential debris flow hazard. An analysis of each of these areas is provided in the Final Drainage Report, contained in Appendix L of Binder 3 of the Final Plat application. These analyses calculate the magnitude of a potential debris flow in terms of volume and cross sectional flow area. There are different methods available for mitigation of a potential debris flow hazard. One method of mitigation is to contain all or a significant portion of the debris volume, which consists of rocks, logs, sediment, etc., in a debris flow detention / retention structure as proposed in the preliminary plan. Another method of debris flow mitigation is to avoid the potential hazard by not allowing any development in an area that could be impacted. Typically, debris flows do not cause significant damage to roadways. For example if a debris flow were to inundate a roadway, while it may result in a temporary blockage of the roadway, it doesn't result in significant damage to the roadway structure. Alternatively, debris flows can present a significant damage to unprotected buildings. Therefore, building locations which lie within a potential debris flow hazard area should be mitigated. In this case, of the two potential hazard areas, one location presents no hazard to any building envelopes, therefore any mitigation of debris flow hazard in this area is not necessary. The second area, identified in the Final Drainage Study as Area A-2, did potentially impact building envelopes as identified in the preliminary plan. However, based on the final design calculations, it was determined that the construction of a debris flow detention structure as detailed on Sheet D-15 of the preliminary plan, would result in significant impact to the natural topography and vegetation of the area. Therefore, the method used to mitigate the debris flow hazard in this area was to reduce the size of the building envelopes from those depicted on the preliminary plan, thereby removing any part of a building envelope from any potential debris flow hazard area. The resulting building envelopes still provide more than adequate space for the construction of a maximum 6000 sq. ft. building, as allowed by the Zone District Regulations for the PUD, yet removes any potential debris flow hazard within those building envelopes. As noted above, the calculations related to the analysis and avoidance of the potential debris flow hazards are provided in the Final Drainage Report contained in Appendix L of Binder 3. • 9.0 The dam break failure analysis for an enlarged Hopkins Reservoir must be incorporated into the drainage plan and subdivision improvements in a manner adequate to prevent damage or potential loss of life or structures within the subdivision, prior to the approval of the first final plat. RESPONSE: The dam break failure analysis for an enlarged Hopkins Reservoir is provided in Appendix F of Binder 2 of the Spring Valley Ranch PUD Final Plat application. The area of inundation for a failure of an enlarged Hopkins Reservoir does not impact any building envelopes to be platted within Phase 1. 10.0 The Applicant shall upgrade the electrical utilities consistent with a contract with Holy Cross Electric, at the developer's expense. RESPONSE: The plan for the upgrade of the electrical utilities is included in Appendix N of Binder 3 of the Phase 1 Final Plat application. The construction costs for the improvements related to the upgrade of the electrical utilities are included in the construction cost estimate contained in Exhibit B of the Subdivision Improvements Agreement, which is provided in Section 6 of Binder 1. 11.0 Prior to the recordation of the final plat that includes Lots G84 through G91, the Applicant shall install piezometers along the hillside in the location of Lots G84- 91 to monitor groundwater conditions. This information shall be submitted to the Colorado Geologic Survey for their review and comment. The design for the development of such lots shall take this information into consideration, including the potential of a comprehensive solution and/or individual lot drainage mitigation. RESPONSE: Lots G84 through G91 are not platted in the Phase 1 Final Plat, therefore this condition is not applicable for this application. 12.0 Plat notes and covenants shall indicate that all lots require a site specific geological and geotechnical analysis prior to any construction. RESPONSE: Plat note number 16 on sheet P2 of the Phase 1 Final Plat states that all lots require site specific geologic and geotechnical evaluations prior to issuance of a building permit. • • • • • • 13.0 The design guidelines shall include Best Management Practices which minimize directly connected impervious areas for storm water runoff within individual lots as part of the first final plat and all subsequent plats. RESPONSE: Section 6.7 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1 establishes this requirement. The design guidelines for Phase 1 of Spring Valley Ranch PUD are also provided in Section 8 of Binder 1 of the application. 14.0 Prior to the approval of any final plat, the Applicant shall submit to the Garfield County Vegetation Management Office a Noxious Weed / Revegetation plan which shall include a noxious weed inventory of the area of the property covered by the plat. That Plan shall also include a specific planting schedule, along with the quantification of the acres or square footage of surface to be disturbed and revegetated needs to be developed. Additionally, the plan shall include reclamation cost estimates for seeding, mulching and other factors that may aid in plant establishment as part of any final plat application and include revegetation security to hold until vegetation has been successfully reestablished according to the County's reclamation standards. Finally, this Plan shall include a Soil Management Plan to be developed for the project and submitted with any final plat application. RESPONSE: A weed inventory and control plan is submitted in Appendix G of Binder 2 of the Phase 1 Final Plat application, which satisfies the first portion of this condition. A Soil Management Plan is submitted in Appendix H of Binder 2, which satisfies the second portion of this condition. 15.0 As part of all final plats, construction plans shall delineate all wetland areas and all wetland areas shall be clearly marked and fenced prior to construction. RESPONSE: A Wetland Delineation Report is submitted in Appendix M of Binder 2 of the Phase 1 Final Plat application. The wetlands, as delineated in the aforementioned report, are depicted on applicable sheets of the fmal plat and the construction plans. All affected wetlands will be fenced prior to commencement of construction. 16.0 As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approval shall be valid for a period not to exceed one (1) year from date of Board approval, or conditional approval, unless on extension of not more than one year is granted by the Board prior to the expiration of the period of approval. RESPONSE: No response necessary. 17.0 School Site Acquisition Fees shall be paid at the time of final plat as per Section 9:81 of the Garfield County Subdivision Regulations, as amended. RESPONSE: School site acquisition fees, calculated in accordance with Section 9:81 of the Garfield County Subdivision Regulations as amended, are provided in Appendix B of Binder 1 of the Phase 1 Final Plat application. 18.0 The Homeowners Association must hire at least a Class C operator to operate and maintain the proposed Ranch Lot ISDS systems prior to issuance of the first ISDS system permit. If proof of the employment of such a person is not provided to the Planning Department prior to the issuance of said ISDS permit, the Building Department shall not issue the ISDS permit or any subsequently requested ISDS permit. RESPONSE: The Phase 1 Final Plat application does not include any Ranch Lots, which would require the construction of ISDS systems. Therefore, this condition is not applicable to this application. However, this issue is also addressed in section 3.33 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1. 19.0 Prior to the approval of the final plat of each phase, the Spring Valley Sanitation District shall certify that sufficient capacity is available to provide for the development in such phase. RESPONSE: A letter from the Spring Valley Sanitation District, which certifies that the district has sufficient capacity and is able to serve Phase 1 of Spring Valley Ranch PUD is provided in Appendix K of Binder 2 of the Phase 1 Final Plat application. 20.0 Owners of existing permitted domestic wells in use for a single-family residence as of October 29, 2001 that are located on the properties that are contiguous to the boundaries of the Districts and therefore within the service area of the Districts to connect to the central potable water supply system of the Districts in the following conditions: • • • • • 20.01 Each dwelling unit served by an existing permitted well shall be entitled to one tap for the provision of one EQR from the central potable water system; 20.02 Such owners shall be subject to the same rules, regulations, and policies as all other residential users on such systems; 20.03 Such owners shall be charged in -District fees, charges, and rates even though they are out of the Districts; 20.04 In the event that such an owner's well becomes unable to produce the quantities required for permitted domestic well, such well owner shall not be required to pay a tap fee at the time of connection to the water supply system; 20.05 The main infrastructure and distribution systems for the water supply system have been installed and tested and operational; 20.06 Such owners may choose to connect to the water supply system at any time after the system is installed and operational and shall connect to such system on any appropriate primary distribution line and SVD shall use all reasonable efforts to locate such distribution lines in a manner that, to the extent feasible and practical it will accommodate a connection by such owners; 20.07 Such owners shall be responsible for all costs associated with constructing and extending the necessary water lines to connect to the water supply system's primary distribution lines; 20.08 Such owners may keep their existing permitted well in operation, the water court decrees that will legally support such service must be issued in Case Nos. 98CW254 and 255 in Water Division No. 5; and 20.09 Such owners will be responsible for securing any necessary rights-of-way from their property to the district boundary and SVD or the District will provide the appropriate rights-of-way, within the District boundary. RESPONSE: The decree in 98CW254 provides that it can allow for water service not only to the Spring Valley Ranch PUD, but also to "any related development at or near the same location." This provision will allow properties such as the owners of the BR Hopkins Spring and contiguous properties served by domestic wells to be served from the development's water supply as necessary in accordance with the terms of the agreement in Case No. 98CW256 and Resolution 2005-84. Under the terms of • the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached to Appendix A of Binder 1 as Exhibit I, the District will agree to assume this obligation, and Spring Valley Holdings will agree to provide any water rights from existing decrees necessary for such service. The District's agreement to assume this obligation shall run to the benefit of the parties to any such agreements and stipulations, the parties specifically identified in this condition of approval, and to Garfield County. Therefore, this condition will be fully satisfied. 21.0 Individual well development shall be prohibited for new residential development. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached to Appendix A of Binder 1 as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. This issue is also addressed in section 3.33 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1. 22.0 The Applicant shall work with the water district providing potable water service to the development to adopt a water usage rate structure that encourages conservation. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached to Appendix A of Binder 1 as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. 23.0 Well water usage for agricultural and golf course purposes shall be allowed to supplement surface water sources in the event of a shortage of surface water supplies. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached to Appendix A of Binder 1 as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. • • • • • • 24.0 Valid well permits for all proposed wells must be obtained for all of the wells included in the water supply plan and copies submitted to the Planning Department prior to Final Plat Approval. RESPONSE: The Office of the State Engineer issued well permits for ASR Well Nos. 13 and 14 on September 25, 2007. Copies of these well permits are attached to Appendix A of Binder 1 as Exhibit F. Therefore, this condition is fully satisfied. 25.0 Subject to the terms hereof the Applicant shall provide a nonexclusive easement to allow for the conveyance of water piped from the BR Hopkins Spring located on Spring Valley Ranch PUD property to a point where the water from the BR Hopkins Spring is used on the LaGigilia property. The easement is not required to follow the historic pipeline corridor and it can be relocated to a preferred location mutually agreed to by the parties who have a right to the BR Hopkins Spring and any property owner whose property the new pipeline may cross. This easement to the BR Hopkins Spring shall be designed to allow access to the spring of an adequate width in order to perform improvements to and maintenance on the spring and any portion of a pipe conveying water. This easement shall be depicted on the final plat for review. Further, the Applicant shall be required to present the terms of the easement to the Planning Department for review at final plat and then subsequently recorded in the Office of the County Clerk and Recorder and cross referenced by reception #, book and page on the final plat. RESPONSE: A private waterline easement which allows for the conveyance of water piped from the BR Hopkins Springs to a point on the LaGiglia Property is depicted and defined on the Phase 1, Spring Valley Ranch PUD, Final Plat. A copy of the proposed deed for the conveyance of this easement, which will be recorded concurrent with the recordation of the Final Plat, is provided in Appendix 0 of Binder 3 of the Final Plat application. 26.0 All lots that require booster pumps shall be noted on any final plat and in the covenants. Unless otherwise required by the water district, all lots that require pressure reducing valves shall be noted on any final plat and in the covenants. RESPONSE: The hydraulic analysis for the water distribution system, which is provided in Appendix J of Binder 2 of the Final Plat application, has determined that there are no lots that are platted in Phase 1 that will require individual booster pumps. As is typical with water distribution system that are comprised of multiple pressure zones, the Landis Creek Metropolitan District No. 1 will require that all water services be equipped with individual pressure reducing valves. Plat note number 17 on sheet P2 of the Phase 1 Final Plat states that all water services constructed in Phase 1 are to be equipped with individual pressure reducing valves. 27.0 Prior to the first final plat, the applicant's engineer shall confirm that all nodes with residual pressure of less than 20 psi (pounds per square inch) will not affect the fire hydrants or individual residences. RESPONSE: The hydraulic analysis for the water distribution system, which is provided in Appendix J of Binder 2 of the Final Plat application, has determined that there are no fire hydrants or individual residences that would experience pressures of less than 20 psi. For example, the maximum day demand for water usage within Phase 1 has been conservatively determined to be as much as 467 gallons per minute. The maximum required fire hydrant flow for any lot included in Phase 1 is 1750 gallons per minute according to the International Fire Code and the Glenwood Springs Fire District. With the combined flow of 2217 gallons per minute (max. day plus max. fire flow), the minimum pressure encountered at the upstream side of a main line pressure reducing valve is 63 psi. Therefore, the lowest system pressure affecting any fire hydrants or residences in Phase 1 is 45 psi, which is produced with the installation of the main line pressure reducing valves. With a beginning pressure of 45 psi, it was calculated that a combined flow of over 4900 gallons per minute is necessary to reduce the pressure at any point in the system to 20 psi. 28.0 The covenants or bylaws for the development shall obligate the Homeowners Association to require the development's private security company to enforce the at -large dog and cat restrictions included in the covenants. RESPONSE: This issue is addressed in section 3.17 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1. 29.0 The following plat notes will be included on any final plat: 29.01 All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. RESPONSE: This Plat Note is provided as Note Number 12 on sheet P2 of the Phase 1 Final Plat. • • • • • • 29.02 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. RESPONSE: This Plat Note is provided as Note Number 13 on sheet P2 of the Phase 1 Final Plat. 29.03 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. RESPONSE: This Plat Note is provided as Note Number 14 on sheet P2 of the Phase 1 Final Plat. 30.0 All construction for the Spring Valley Ranch PUD shall be in accordance with the International Fire Code. RESPONSE: This issue is addressed in section 3.5 of the Covenants, Conditions and Restrictions, which are provided in Section 8 of Binder 1.