Loading...
HomeMy WebLinkAbout1.0 Resolution 2002-071 111111 111111 111111 1111 1111111 1111 111111 111 11111 1111 1111 595731 01/15/2002 03:56P B1321 P72 M ALSDORF 1 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 14th of January, A.D. 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 - 07 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE SPRING VALLEY RANCH PUD SUBDIVISION WHEREAS, Spring Valley Development, Inc. and Spring Valley Holding, USA, Ltd. filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Spring Valley Ranch PUD Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Spring Valley Ranch PUD Preliminary Plan subdivision application and recommended approval to the Board ofCounty Commissioners; WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting was provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. fq) 1111111111111111111111111111111111111111111111111111111 595731 01/15/2002 03:58P 81321 P73 M ALSDORF 2 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 5. That all data, surveys, analyses, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan ofthe Spring Valley Ranch PUD Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: I. 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: a. Owners of existing permitted domestic wells in use for a single family residence as of October 29, 200 1 that are located on properties that are contiguous to the boundaries of the Districts and therefore within the service area of the Districts shall have the same right as those property owners within the Districts to connect to the central potable water supply system of the Districts on the following conditions: 1) 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 supply system; 2) Such owners shall be subject to the same rules, regulations, and policies as all other residential users on such systems; 3) Such owners shall be charged in -District fees, charges, and rates even though they are out of the Districts; 4) 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; 5) The main infrastructure and distribution systems for the water supply system have been installed and tested and are operational; 111111111111111111111111111111111111111 111 1111111111111 595731 01/15/2002 03:58P B1321 P74 M ALSDORF 3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 6) 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— will accommodate a connection by such owners; 7) 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; 8) 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 9) 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. b. 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 but shall not require a PUD amendment. c. Prior to the recordation of the final plat for Phase II of the project, 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 Geological Survey for review and comment. The design for the development of such lots shall take this information into consideration, including the potential for a comprehensive solution and /or individual lot drainage mitigation. 2. As per Section 4:34 ofthe Subdivision Regulations, Preliminary Plan approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. 3. Valid well permits for all proposed wells must be obtained for all ofthe wells included in the water supply plan and copies submitted. to the Planning Department prior to any Final Plat approval. 4. Prior to the approval of any final plat a noxious weed inventory of the area of the property covered by the plat will be submitted to the Garfield County Vegetation Management office. A more specific planting schedule, along with quantification of the acres or square footage of surface area to be disturbed and revegetated needs to be developed. 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. Additionally, a 1111111 11111 111111 1111 1111111111 111111111 11111 11111111 595731 01/15/2002 03:58P B1321 P75 M ALSDORF 4 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO Soil Management plan needs to be developed for the project and submitted with any final plat application. 5. The developer shall include covenants or bylaws obligating the homeowners association to include as a part of the obligations of the development's private security company to enforce the at large dog and cat restrictions included in the covenants and that the covenants be amended to include language recognizing the authority of the security personnel to enforce the regulations. 6. The following plat notes will be included on any final plat: "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" "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 part of a legal and non -negligent agricultural operations" "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 ofthe County. A good introductory source of information is A Guide to Rural Living & Small Scale Agriculture, put out by the Colorado State University Extension Office in Garfield County" 7. School fees, in the amount to be determined for the number of lots depicted on any Final Plat submittal, as per the formula in Section 9:81 ofthe Garfield County Subdivision Regulations, must be paid. 8. As per Section 4:34 of the Subdivision Regulations, with regard to phasing, all lots must be final platted within fifteen (15) years. 9. Per the comments from the Division of Water Resources: (1) the claimed water rights are dedicated to the project, and (2) the plan for augmentation is operated according to its decreed terms and conditions. 10. The applicant shall upgrade the electrical facilities consistent with a contract with Holy Cross Electric, at the developer's expense. 1 111111 11111 111111 1111 1111111 1111 111111 111 11111 1111 1111 595731 01/15/2002 03:58P B1321 P76 M ALSDORF 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 11. 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. 12. All residential lots shall have controlled irrigation and that individual well development shall be prohibited completely for new residential development. 13. Well water usage shall be restricted on agricultural lands and that well water only be used as a supplemental source for golf course irrigation in the event of a shortage of surface water supplies. 14. Wastewater reuse shall be encouraged to minimize the quantity of groundwater withdrawals. 15. All lots that require booster pumps or pressure reducing valves shall be noted on any Final Plat and in the covenants. 16. Prior to the first final plat, the applicant's engineer shall confirm that all nodes with residual pressure of less than 20 psi will not affect fire hydrants or individual residences. 17. The Homeowners Association must hire at least a Class C operator to operate and maintain the proposed Ranch Lot ISD systems prior to the 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 permits. 19. The design guidelines shall include Best Management Practices which minimize directly connected impervious areas for storm water runoff within individual lots as a part of the first final plat and all subsequent plats. 20. The debris flow/retention structures detailed on Sheet D-15 shall be located on the drainage plan sheets, including the proposed size of structure. 21. The dam break failure analysis for an enlarged Hopkins Reservoir must be incorporated into the drainage plan 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. 22. Plat notes and covenants shall indicate that all lots require a site specific geological and geotechnical analysis prior to any construction. 23. As a part of all final plats, construction plans shall delineate all wetland areas and all wetland area shall be clearly marked and fenced prior to construction. 1111111111111111111111111111111111111111111111111111111 595731 01/15/2002 03:38P 81321 P77 M ALSDORF of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 24. A maintenance and repair plan for the internal private road system must be included in the covenants for the master homeowners association. 25. Prior to the approval of any final plat, the applicant shall submit a proposed PUD amendment dealing with, at a minimum, condition of approval No. 12 (D.), contained in Resolution No. 2000-95. 26. The applicant shall make application to the Colorado Department of Transportation, pursuant to Section 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. 27. 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. Dated this 14 day of January , A.D. 2002. ATTEST: ,110,WO4S!!1!1 ti rd GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Larry McCown Walt Stowe , Nay , Aye , Aye 1111111 111 11111 1111 1111 595731 01/15/2002 03:58P B1321 P78 M ALSDORF 7 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 1, , 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