HomeMy WebLinkAbout2.0 Resolution 2005-841 iuiii 11111 1111111 11111 11 iiuiu iiuii iii mil ilii uii
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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 Plaza Building, in
Glenwood Springs on Monday, the 3`d day of October, 2005, there were present:
John Martin
Larry McCown
Tresi Houpt
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. 20 0 5 - 8 4
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION SUBMITTED BY SPRING VALLEY DEVELOPMENT, INC.
FOR THE SUBDIVISION OF SPRING VALLEY RANCH PLANNED UNIT
DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan application from Spring Valley Development, Inc. to
subdivide Spring Valley Ranch Planned Unit Development; and
WHEREAS, Spring Valley Ranch Planned Unit Development originally received
Preliminary Plan approval from the Board of County Commissioners in 2002 which is
memorialized in Resolution 2002-07; and
WHEREAS, Spring Valley Development, Inc. submitted a second preliminary
plan application in order to amend Resolution 2002-07 to realign a portion of County
Road 114 as it passes through Spring Valley Ranch PUD which was approved on
November 3`d, 2003 and memorialized in Resolution 2003-98; and
WHEREAS, on August 10`h, 2005, the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
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WHEREAS, on October 3rd, 2005, the Board of County Commissioners opened a
public hearing upon the question of whether the Preliminary Plan should be granted,
granted with conditions, 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
WHEREAS, the Board of County Commissioners closed the public hearing on the
3rd day of October, 2005 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning and Zoning Commission and before the Board of
County Commissioners.
2. That the public hearings before the Planning and Zoning Commission and the Board
of County Commissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and that all interested parties were heard at those hearings.
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. That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution
of 1978, as amended.
6. 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 Preliminary Plan request is approved for a property owned by Spring
Valley Development, Inc. to subdivide Spring Valley Ranch Planned Unit Development
with the following conditions:
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.
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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:
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.
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.
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
improvements, if necessary, shall be addressed in the agreement. This
signed agreement shall be provided to Staff at the time of the final plat.
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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 in condition 5.07 above shall include 1)
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 the
same time as other improvements set forth in the subdivision
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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.
6.0 A maintenance and repair plan for the internal private road system must be
included in the covenants of the master homeowners association.
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 but shall not
require a PUD amendment.
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.
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.
10.0 The Applicant shall upgrade the electrical utilities consistent with a contract with
Holy Cross Electric, at the developer's expense.
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.
12.0 Plat notes and covenants shall indicate that all lots require a site specific
geological and geotechnical analysis prior to any construction.
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.
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
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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.
15.0 As part of ail final plats, construction plans shall delineate all wetland areas and
all wetland areas shall be clearly marked and fenced prior to 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.
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.
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.
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.
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
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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.
21.0 Individual well development shall be prohibited for new residential development.
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.
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.
24.0 Valid well permits 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.
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
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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.
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.
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.
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.
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.
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.
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
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information is A Guide to Rural Living & Small Scale Agriculture put out
by the Colorado State University Extension Office in Garfield County.
30.0 All construction for the Spring Valley Ranch PUD shall be in accordance with the
International Fire Code.
Dated this 7th day of Nov . , A.D. 2005.
ATTEST:
GARFIELD
BOARD
COMMISSIONERS,
G 1 . D COUNTY,
co
COUNTY
OF
CI rk*o;,.the BCra,,bi
-Upon motion duly made and seconded the foregoin : - !� ..opted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
STATE OF COLORADO )
)ss
County of Garfield )
_, Nay
, Aye
, Aye
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
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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. 2005
County Clerk and ex -officio Clerk of the Board of County Commissioners
