HomeMy WebLinkAbout25.0 Resolution 2018-10■III lk���E4 �y�lU+,h��� C',�G���Yk� ��F a'.�L'�I�i'��Y4 �I II
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03/13/2018 09:32:04 AM Jean Alberico
1 of 9 Rec Fee:$0.00 Doc Fee: 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 Administration Building
in Glenwood Springs on Tuesday, the 20th day of February A.D. 2018, there were present:
John Martin
Mike Samson
Tom Jankovsky
Tari Williams
Kelly Cave
Jean Alberico
Kevin Batchelder
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
, Clerk of the Board
County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. j'(Jie g
A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL AMENDMENT TO THE TCI
LANE RANCH PUD (PUAA-10-17-8586) (NOW KNOWN AS THE ASPEN VALLEY
POLO CLUB PUD) ON A 100.44 ACRE PROPERTY OWNED BY ASPEN POLO
PARTNERS, LLP, LOCATED AT 16411 HIGHWAY 82 AND APPROXIMATELY 4
MILES EAST OF THE TOWN OF CARBONDALE IN SECTIONS 31 AND 32,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN,
GARFIELD COUNTY
PARCEL NO# 2391-311-00-033
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request for a Substantial Amendment to the TCI Lane Ranch PUD.
13. By this Substantial Amendment the `TCI Lane Ranch PUD' is hereby replaced in its
entirety by the `Aspen Valley Polo Club PUD'.
C. The approved and executed PUD Guide for Aspen Valley Polo Club PUD is recorded
simultaneously herewith at reception number 9/.*0.
D. The approved and executed PUD Map for Aspen Valley Polo Club PUD is recorded
simultaneously herewith at reception number d 9 x,1,5'
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E. The Aspen Valley Polo Club PUD is located on an approximately 100.44 acre parcel of
land owned by the Aspen Polo Partners, LLP.
F. The subject property is located within unincorporated Garfield County east of the Town
of Carbondale off of Old Highway 82.
G. The modifications proposed for the TCI Lane Ranch PUD were considered `Substantial'
in accordance with Section 6-203, PUD Zoning Amendment, of the Garfield County Land Use
and Development Code of 2013, as amended.
H. The Board is authorized to approve, deny or approve with conditions a Substantial
Modification to an approved PUD application resulting in a new PUD Guide and PUD Map
pursuant to the Garfield County Land Use and Development Code, as amended.
I. The Planning Commission opened and closed a public hearing on the 10th day of January,
2018 for consideration of whether the proposed Substantial Modification to the TCI Lane Ranch
PUD should be recommended for approval or denial, during which hearing the public and
interested persons were given the opportunity to express their opinions regarding the request. At
this hearing, the Planning Commission voted 6-1 to recommend that the Board of County
Commissioners approve the Substantial Amendment to the TCI Lane Ranch PUD with conditions.
J. The Board of County Commissioners opened a public hearing on the 20th day of
February, 2018 for consideration of whether the proposed Substantial Amendment to the TCI Lane
Ranch PUD should be granted or denied, during which hearing the public and interested persons
were given the opportunity to express their opinions regarding the request.
K. The Board of County Commissioners closed the public hearing on the 20th day of
February, 2018 to make a final decision.
L. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted or could be
submitted and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons, the request for a Substantial
Modification to the TCI Lane Ranch Planned Unit Development (PUD) is in the
best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
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4. That the application has adequately met the requirements of the Garfield County
2030 Comprehensive Plan.
5. That the application has adequately met the requirements of the Garfield County
Land Use and Development Code of 2013, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Substantial Amendment to the TCI Lane Ranch PUD, now known as the Aspen Valley
Polo Club PUD is hereby approved subject to compliance with the following conditions:
Conditions Prior to Issuance of a Building Permit within the PUD
1. Access Permit and Improvements: The accesses to the development from Old Highway 82
are required to obtain a permit from CDOT. Prior to issuance of a building permit within
the PUD, the property owner shall obtain an access permit from CDOT, receive a Notice
to Proceed, and complete all required onsite and offsite improvements. Copies of the design
drawings, access permit, notice to proceed, and demonstration that the work has been
completed shall be submitted to the Garfield County Community Development Department
and accepted by the County designated engineer.
2. Well — Initial Water Treatment: The application notes that some initial water treatment will
occur, however it did not provide a location for that treatment or details on the system. The
applicant shall provide the location where that equipment will be located along with details
on the system to be used. This site plan and system details shall be submitted to the
Community Development Department and accepted by the County designated engineer.
3. Well — Permit and Augmentation Plan: The application notes that the well permit has been
submitted to the DWR and the application has been submitted to Basalt Water Conservancy
District but neither have yet been approved. Prior to issuance of any building permit within
the PUD, the applicant shall submit final approved copies of the well permit and Basalt
Water Conservancy District augmentation plan. These shall be reviewed and accepted by
the Garfield County Community Development Department and the County Attorney's
Office.
4. OWTS Setbacks from Water Features: Prior to issuance of any building permits within the
PUD, the applicant shall verify that the setbacks from the OWTSs from all surrounding
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water features meets applicable regulations. This verification and/or any necessary
amendments to the site plan shall be submitted to the Garfield County Community
Development Department and accepted by the County designated engineer.
5. Drainage Culverts: A review of the drainage plan by the Garfield County designated
engineer noted that the drainage culverts in Zone 1 appear to have been designed for a 10 -
year storm while the LUDC requires that they be designed for a 25 -year storm. Prior to
issuance of any building permits within the PUD, the applicant shall either verify the
culverts are appropriately sized for a 25 -year storm or the infrastructure shall be designed
to accommodate a 25 -year storm, as required. This verification and/or redesign shall be
submitted to the Community Development Department and accepted by the County
designated engineer.
6. Irrigation Water for Fire Protection: The application states that the ponds which are to be
filled with irrigation water are also to be used for fire protection. The legal and physical
ability of this irrigation water to be used for fire protection does not appear to have been
addressed in the application, however. Prior to issuance of any building permits within the
PUD, the applicant shall verify the legal and physical ability of the irrigation water to be
used for fire protection. This verification shall be provided to the Community Development
Department and accepted by the County designated engineer.
7. Fire Hydrants: The property owner shall meet with the fire protection district to verify the
hydrant locations. Prior to issuance of any building permits within the PUD, the developer
shall meet with the Carbondale and Rural Fire Protection District to agree upon hydrant
locations and provide a site plan for these locations. This site plan shall be submitted to the
Garfield County Community Development Department and accepted by County
designated engineer.
8. Affordable Housing Eligibility — PUD Guide: Prior to issuance of any building permits
within the PUD, Section 7.7 - Eligibility, of the PUD Guide shall be amended to remove
reference to priority for on-site employees for Affordable Housing developed to comply
with Article 8 of the LUDC, as amended. This updated PUD Guide shall be reviewed and
accepted by the Garfield County Community Development Department.
9. Wastewater Treatment Facility (WWTF): A note requiring connection to the WWTF at the
time of Onsite Wastewater Treatment System (OWTS) replacement or expansion within
Zone 1 or Zone 2 shall be added to the PUD Guide.
Development and Ongoing Conditions
10. Local, State, and Federal Permits: The development of PUD shall comply with all
applicable Local, State, and Federal rules and regulations and all necessary permits shall
be obtained.
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11. Wildlife: The property owner and / or operator of Zone 1 shall comply with the following
requirements and recommendations by Colorado Parks and Wildlife:
a) Fencing should be held to a minimum and any necessary fencing should be
wildlife friendly. Details and specifications for wildlife friendly fencing can
be found at:
https: //cpw. state. co. us/Documents/Land W ater/PrivateLandPrograms/Fenci
ngW ithW ildlifelnMind.pdf
i. Additionally, CPW encourages the applicant to work with adjacent
landowners to replace current perimeter fencing with wildlife friendly
options.
b) Landscaping designs should preclude berry, fruit, or nut producing trees and
shrubs to reduce attractants for bears and other wildlife. Homeowners
should be aware that CPW is not liable for any damage to landscaping from
wildlife.
c) All trash, horse grain/feed, and food -related items should be stored indoors
or within bear -proof containers. Eliminating attractants for bears and other
wildlife will reduce conflicts. This is especially relevant given that this
property lies within the river corridor which is used heavily by various
animal species.
d) Proposed ponds should be constructed with at least one bank having a
minimum slope of 3: 1, preferably 5: 1, to allow ingress and egress of
wildlife. If plastic liners are to be used, a minimum of 18 inches of topsoil
should be used on top of liners.
e) Trails through riparian habitats should be minimized to the extent possible
and provide adequate signage to keep users on designated routes.
12. Internal Roadway Design: The internal roadways shall be built to meet, at a minimum, the
dimensional requirements of Section 7-107 of the LUDC, as amended, and as represented
in the PUD Plan to accommodate full build -out of the PUD.
13. Phasing / Timing: Based on the proposed build out schedule (2018-2019 for Zone 1, and
2019-2020 for Zone 2) and this representation that the development timeframe is less than
3 years, a Development Agreement is not required at this time for vested rights. As a
Development Agreement to vest rights in excess of 3 years has not been proposed, the
Preliminary Plan for the subdivision of the PUD as proposed shall be submitted and
deemed Complete within 3 years from the date of PUD approval by the BOCC. As a part
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of the Subdivision submittal a new phasing schedule, if necessary, may be presented and
reviewed for the subdivision buildout.
14. Residential Development — Zone 2: No residential development shall occur in Zone 2 prior
to approval of a subdivision Final Plat.
15. OWTS Flow Monitoring: The size of the eastern proposed OWTS within Zone 1 serving
the clubhouse is very close to the 2000 gallon per day limit for a public water system under
CDPHE. As a result, a water infow meter(s) shall be installed on the buildings served by
this OWTS. The records from this water inflow meter(s) shall be available for inspection
to verify that the System is handling 2000 gallons per day or less.
16. Storage and Application of Hazardous Materials: Due to the proximity of the residential
development and large fields to the wetlands and Roaring Fork River, the property
owner(s) and operators shall apply all fertilizers, pesticides, and other chemicals in
accordance with manufacturer recommendations in order to prevent contamination of
public water resources. In addition, these chemicals shall be stored appropriately and in
accordance with all laws and regulations.
17. Radon: All of Garfield County is considered at high risk for radon. As a result, all buildings
with ground floor residential and / or commercial occupancy and are enclosed and
conditioned (excluding barns, greenhouses, and storage/maintenance buildings) shall be
designed and built with Radon Resistant Construction.
18. Wastewater Treatment Facilities (WWTF): Once a WWTF is established within the PUD,
no new OWTSs shall be permitted. At the time a WWTF is available and an OWTS is
being replaced or expanded within either Zone 1 or Zone 2, the residential and/or
commercial uses served by that OWTS shall connect to the WWTF.
19. Water System: All water permitting, monitoring and testing shall remain in good standing
with CDPHE as a non-public community water system or a community water system, as
appropriate.
Conditions Applicable at Time of Subdivision
20. Wildlife: The following recommendations by the CPW shall be added to the Codes,
Covenants and Restrictions for the subdivision:
a) Fencing should be held to a minimum and any necessary fencing should be
wildlife friendly. Details and specifications for wildlife friendly fencing can
be found at:
https://cpw. state.co.us/Documents/LandWater/PrivateLandPrograms/Fenci
ng W ithWildlifelnMind.pdf
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i. Additionally, CPW encourages the applicant to work with adjacent
landowners to replace current perimeter fencing with wildlife friendly
options.
b) Landscaping designs should preclude berry, fruit, or nut producing trees and
shrubs to reduce attractants for bears and other wildlife. Homeowners
should be aware that CPW is not liable for any damage to landscaping from
wildlife.
c) All trash, horse grain/feed, and food -related items should be stored indoors
or within bear -proof containers. Eliminating attractants for bears and other
wildlife will reduce conflicts. This is especially relevant given that this
property lies within the river corridor which is used heavily by various
animal species.
d) Proposed ponds should be constructed with at least one bank having a
minimum slope of 3: 1, preferably 5: 1, to allow ingress and egress of
wildlife. If plastic liners are to be used, a minimum of 18 inches of topsoil
should be used on top of liners.
e) Trails through riparian habitats should be minimized to the extent possible
and provide adequate signage to keep users on designated routes.
21. Public Road Dedication: At the time of subdivision, all roads within Zone 1 and Zone 2 of
the PUD shall be dedicated to the public on the subdivision plat.
22. Well Sharing Agreement: The well to be used for the development is proposed to be shared.
At the time of subdivision a legal mechanism shall be executed to allow for the physical
and financial sharing of the well between all users.
23. Wastewater Treatment Facility (WWTF):
a. The LUDC prohibits OWTSs on lots that are 1 acre or less in size. As a result,
should the future subdivision consist of residential and/or commercial lots that are
less than 1 acre in size, then these uses shall be accommodated by a centralized
Wastewater Treatment Facility (WWTF).
b. Should a WWTF be developed within the PUD, then the Facility shall be sized
appropriately to accommodate all residential and commercial uses from Zone 1 and
Zone 2.
c. A note requiring connection to the WWTF at the time of OWTS replacement or
expansion within Zone 1 or Zone 2 shall be added as a plat note on the Final Plat,
and within the Codes, Covenants and Restrictions.
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24. Affordable Housing Agreement / Plan: At the point 15 or more lots are created through
subdivision, as defined in Article 8 of the LUDC, the development is required to provide
Affordable Housing. As a result, at the time of Preliminary Plan submittal to create 15 or
more lots, the property owner shall submit an Affordable Housing Agreement / Plan in
conformance with the PUD Guide and Article 8 of the LUDC. The Agreement / Plan shall
be reviewed, accepted, and executed by the property owner and BOCC.
25. Wetlands: It is understood that disturbance to some jurisdictional wetlands will occur at
the time of development of Zone 2. In addition, while it is understood that these required
permits from the Army Corps of Engineers were obtained previously, these permits have
since expired. As a result, the Applicant shall update the wetland delineation for the
properties and obtain all necessary permits as required by the Army Corps of Engineers
prior to submittal of the first Final Plat.
26. Storage and Application of Hazardous Materials: Due to the proximity of the residential
development and large fields to the wetlands and Roaring Fork River, the property
owner(s) and operators shall apply all fertilizers, pesticides, and other chemicals in
accordance with manufacturer recommendations in order to prevent contamination of
public water resources. In addition, these chemicals shall be stored appropriately and in
accordance with all laws and regulations. Provisions requiring responsible application and
storage of chemicals shall be incorporated into the Codes, Covenants, and Restrictions at
the time of subdivision.
27. Anglers Easement: At the time of subdivision, the property owner shall provide a public
fishing easement along the Roaring Fork River to extend the angler's easement at Blue
Creek Ranch.
28. Southeast BLM Parcel: As part of the public improvements to be constructed by the
Applicant and secured in the Improvements Agreement as part of the Final Plat
Application, the Applicant shall construct a wildlife friendly fence to help prevent
disturbance of the Ute's Ladies Tresses on the BLM parcel adjacent to the southeast portion
of the development.
29. 100 -Year Floodplain: At the time of Preliminary Plan submittal, the applications shall
include an analysis of the level of conformity with the proposed subdivision and the
Floodplain Development Permit (Land Use Change Permit for Development within the
Floodplain) issued under Resolution 786310. Should the proposed development conform
with this Floodplain Development Permit, then this approval shall remain valid. Should the
proposed subdivision not conform to this Floodplain Development Permit, then the
applicant will be required to either obtain a new Floodplain Development Permit or amend
the existing approval.
30. Offsite Improvements: At the time of subdivision, the Applicant's engineer shall provide a
traffic study that addresses the need for improvements on the south side of the intersection
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of County Road 100 and Highway 82 including the median and right turn lane, and based
on traffic counts from the proposed subdivision. The traffic study shall include an analysis
of the difference between the cost of improvements and the anticipated revenue from the
project's traffic impact fees for consideration at the time of subdivision.
Dated this /c -6 day of , A.D. 20 / 8 .
ATTEST:
rn
GARFIELD COUNTY BOARD OF
CBMMISSION,ERS, GARFIELD
OUNTY, COLORADO
Cl;4 of the Board
�cQCpRPO-
Chairman
Upon motion duly made and seconded the foregoing Resolution wits- adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO
)ss
County of Garfield
, Aye
, 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 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. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
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