HomeMy WebLinkAbout1.20 Prior Conditions of ApprovalCondition Applicant Response
1
The Final Plat shall be subject to final review and approval by the County prior to recording. It shall contain all
required certificates and edits including any required by the County Surveyor or County Attorney's Office
including but not limited to:
a)Addition of drainage to utility easements within Zone District 1 and corresponding edits to plat notes.
b)Addition of a County Surveyor's Certificate in accordance with the County Surveyor's comment.
c)Addition of a Treasurer Certificate of Taxes Paid.
d)Addition of mineral owners list to the plat.
2 All final documents including the Subdivision Improvements Agreement shall be provided in a form ready for
recording and subject to final review by the County Attorney's Office.The SIA for Zone District 1 was approved and recorded at Reception No. 982204.
3 The Letter of Credit security shall be provided prior to execution of the Final Plat and prior to execution of the
Subdivision Improvements Agreement.
The Letter of Credit for Zone District 1 was provided by Alpine Bank dated
December 14, 2022 and recorded at Reception No. 982204.
4
Prior to execution and recording the Final Plat and the Subdivision Improvements Agreement the Applicant
shall provide an Interim Management Plan for the Ute Land Tresses Orchid, consistent with direction from the
County Vegetation Manager.
The Interim Management Plan for the Ute Lady Tresses Orchid was provided to the
County in a letter from LANDWEST dated November 30, 2022 and revised on April
27, 2023. The County approved the Interim Management Plan via a letter from
County Vegetation Manager Steve Anthony dated April 27, 2023.
5 All School Impact Fees and Fire District Impact Fees shall be paid prior to execution and recording of the Final
Plat.
The School Impact Fees for Zone District 1 were paid to Garfield County by Aspen
Polo Partners, LLP via check #1356 dated 12/12/2022 in the amount of $53,418.00.
Check #1356 was then lost at the County, and Aspen Polo Partners, LLP
subsequently issued a replacement check #1411 dated 9/25/2023 in the same
amount. The Fire District Impact Fees for Zone District 1 were paid directly to the
Carbondale & Rural Fire Protection District as evidenced by a receipt from that
District dated June 7, 2022, which was provided to the County in Appendix N of the
Final Plat Application for Zone District 1.
6 All conditions of approval contained in the PUD Approval, Resolution No. 2020‐54 and the Preliminary Plan
Approval, Resolution No. 2020‐55 shall remain force and effect.
The following pages demonstrate compliance with all applicable conditions of the
PUD Approval (Resolution No. 2020‐54), and the Zone District 1 Preliminary Plan
Approval (Resolution No. 2020‐55).
Zone District 1 Final Plat Conditions of Approval from Resolution 2022‐44 (Reception No. 982013)
COA #
All Final Plat conditions were complied with and the Final Plat for Zone District 1
was recorded at Reception No. 982205.
Page 1 of 8
Condition Applicant Response
1.0 That all representations of the Applicant shall be considered Conditions of Approval unless modified herein. All prior representations of the Applicant have been complied with.
2.0 All previous conditions of approval from Resolution No. 2018‐10 shall remain in effect unless modified herein
or in the Preliminary Plan approvals.
All prior conditions of approval from Resolution 2018‐10 have been complied with
or have otherwise been carried forward into Resolution 2020‐54 (PUD) and/or 2020‐
55 (Preliminary Plan).
3.0 Water Supply:See a. through d. below:
a.Operation of all individual wells shall maintain compliance with all Division of Water Resources requirements
including maintaining all required contracts with the Basalt Water Conservancy District.
All individual wells in Zone District 1 are in compliance with the final well permits,
and with the requirements of the contracts with the Basalt Water Conservancy
District.
b.Final Well Permits ‐ conversion from monitoring wells, shall be obtained/issued for all five wells prior to filing of
the Final Plat.
Final well permits for all wells in Zone District 1 were included in the Final Plat
application for Zone District 1, which was approved via Resolution No. 2022‐44 and
recorded at Reception No. 982013.
c.
That the Applicant shall provide detailed treatment plans to ensure compliance with the State of Colorado
Water Standards and the Water Quality provisions of the Garfield County Land Use and Development Code for
wells that demonstrated compliance issues in their water quality test reports.
Detailed water treatment plans were provided as part of the Zone District 1 Final
Plat application, which was subsequently approved via Resolution No. 2022‐44 and
recorded at Reception No. 982013. The water supply information for this Zone
District 2 Preliminary Plan is provided in Appendix H of this application.
d.Maintenance and operation provisions shall be contained in the covenants and/or PUD Guide including any
treatment requirements.
The ownership, operation, maintenance, repair and replacement of wells is
addressed in Sections 2.1, 4.5, 4.6.4 and 4.6.5 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
4.0
That the Applicant's proposed building envelopes for Lots 5, 6, and Tract B are acceptable subject to
compliance with the Supplemental Landscaping Plan dated 7/29/20 and the supplemental edits to the PUD
Guide Tables 5.1.1 and 5.2 on Setbacks and Projections dated 7/28/20, subject to the following additional
provisions:
The Applicant has installed landscaping in compliance with the Landscape
Screening Exhibit dated 7/29/20. Required edits were made to the PUD Guide and
recorded at Reception No. 945439.
a.
That the Supplemental Landscaping Plan include maintaining the existing fencing and existing stands of willows
along the property line and shall include irrigation of the Ponderosa Pine plantings. Additional landscaping can
be provided by the Applicant at the time of building permit.
The existing fencing and willows have been maintained. Ponderosa pine trees have
been installed and permanently irrigated along the boundary of Lot 5 and the CDOT
ROW in accordance with the Landscape Screening Exhibit dated 7/29/20.
b.
That the PUD Guide Table 5.1.1 be edited in the first footnote to read *Any two or more buildings, including
buildings within the same Building Envelope shall be separated a minimum of 10' as measured from the closest
of any points on the structures.
The required edit to Table 5.1.1 of the PUD Guide was completed and recorded at
Reception No. 945439.
5.0
Density Shift: That the density shift of two units from Zone District 2 to Zone District 1 is approved and
amendments to the PUD Guide that would allow for further density shifts that would allow for additional
accessory, employee, or affordable dwelling units within Zone District 1 may be considered.
The density shift was memorialized in the PUD Guide as recorded at Reception No.
945439.
6.0 Covenants: Covenants for the Development shall be subject to final review and approval by the County
including the County Attorney's Office to confirm compliance with all conditions of approval.
The Covenants, Conditions & Restrictions are included in Appendix O and recorded
at Reception No. 982206. The CCRs are inclusive of all required conditions of
approval.
Zone District 1 Preliminary Plan Conditions of Approval from Resolution 2020‐55 (Reception No. 945441)
COA #
Page 2 of 8
Condition Applicant Response
7.0
Development Agreements: The Development Agreement and Subdivision Improvements Agreement shall be
subject to final review and acceptance by the County including the County Attorney's Office prior to final plat
approval. Said agreement shall include cost estimates for the completion of all Subdivision Improvements and a
status and inspection report on all infrastructure that has already been installed. Said reports shall be subject
to review and acceptance by the County Consulting Engineer.
The PUD does not require a Development Agreement. A Subdivision Improvements
Agreement was approved as part of the Zone District 1 Final Plat and recorded at
Reception No. 982204. A draft Subdivison Improvements Agreement for this Zone
District 2 Preliminary Plan application is included in Appendix K.
8.0 School Impact Fees shall be calculated and payable prior to final plat approval and shall include provision of an
acceptable appraisal or opinion of land value per the Land Use and Development Code.
The School Impact Fees for Zone District 1 were paid to Garfield County by Aspen
Polo Partners, LLP via check #1356 dated 12/12/2022 in the amount of $53,418.00.
Check #1356 was then lost at the County, and Aspen Polo Partners, LLP
subsequently issued a replacement check #1411 dated 9/25/2023 in the same
amount.
9.0 Prior to final plat approval the Applicant shall confirm the location of all required easements to serve
infrastructure and access for the Zone District 1 Development.
The Final Plat for Zone District 1 was approved and recorded at Reception No.
982205.
10.0 The Final Plat shall include standard plat notes from the County Resource Guide and refer to the PUD Guide as
appropriate, including the notes on the following:
a.Noxious Weeds
b.Open Hearth Solid Fuel Fireplaces
c.Exterior Lighting
d.Right to Farm
e.Maintenance of Fences, Rural Living
f.Mineral Rights
g.(omitted)Not applicable.
h.Domestic Dogs
i.Wildlife Friendly Fencing
j.Engineer Septic Systems
k.Engineered Foundations
11.0
Drainage ‐ Stormwater: That the Applicant's Engineer shall update the Engineering Report to provide additional
details and demonstration of compliance with State and Local storm water requirements including as
applicable a copy of a Storm Water Management Permit for the site.
Stormwater drainage for Zone District 1 was addressed in that Final Plat
application, which was approved via Resolution No. 2022‐44 and recorded at
Reception No. 982013.
12.0
OWTS Setbacks: That the Applicant shall provide confirmation that all required OWTS Setbacks from wells,
irrigation ditches, ponds and wetlands are being maintained in conformance with all State and Local
regulations.
OWTS setbacks for Zone District 1 were addressed in that Final Plat application,
which was approved via Resolution No. 2022‐44 and recorded at Reception No.
982013.
13.0 OWTS Operation: Maintenance and operation provisions for the OWTS systems shall be contained in the
covenants and/or PUD Guide as represented by the Application.
Section 6.13 of the Covenants, Conditions & Restrictions in Appendix O (Recorded
at Reception No. 982206) provides the framework for the use and allowances of
OWTS, and Section 4.6.6 addresses the operation, maintenance, repair and
replacement of such systems.
14.0
Landscaping: Prior to Preliminary Plan Approval, the Applicant shall expand the Landscaping Plan to include
additional details and buffering along Lots 5, 6, and Tract B, adjacent to State Highway 82 and the adjacent
mobile home park.
Preliminary Plan for Zone District 1 was approved via Resolution No. 2020‐55,
including the Landscape Screening Exhibit dated 7/29/20.
15.0 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.
The development of the PUD has, and will continue to comply with all applicable
Local, State, and Federal rules and regulations and all necessary permits have been
and will be obtained.
16.0
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.
The internal road serving Zone District 1 is Chukka Trail, which was designed and
constructed to comply with the approved "24' Typical Road Section" as indicated
on the PUD Plan Map recorded at Reception No. 945440.
Zone District 1 Preliminary Plan Conditions of Approval from Resolution 2020‐55 (Reception No. 945441)
COA #
The Final Plat for Zone District 1 was approved and recorded at Reception No.
982205.
The Final Plat for Zone District 1 was approved and recorded at Reception No.
982205.
Page 3 of 8
Condition Applicant Response
17.0 Residential Development‐Zone 2: No residential development shall occur in Zone 2 prior to approval of a
subdivision Final Plat.No residential development has occurred in Zone District 2.
18.0
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 inflow
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.
At the time of building permitting for the clubhouse on Lot 7 of Zone District 1, the
Applicant will design and install a water inflow meter to comply with this condition.
19.0
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.
This was included as Plat Note 8 of the Final Plat for Zone District 1 recorded at
Reception No. 982205.
20.0
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.
This was included as Plat Note 9 of the Final Plat for Zone District 1 recorded at
Reception No. 982205.
21.0
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.
This was included as Plat Note 2 of the Final Plat for Zone District 1 recorded at
Reception No. 982205. It is also addressed in Section 5.3 of the approved PUD
Guide recorded at Reception No. 945439. Lastly, this item is covered in Section 6.13
of the Covenants, Conditions & Restrictions in Appendix O, also recorded at
Reception No. 982206.
22.0 Water System: Any 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.
There is no non‐public community water system or community water system at this
time. Each Lot in Zone District 1 contains its own well. Private wells do not require
monitoring and testing according to the Colorado Department of Public Health and
Environment. The well in Zone District 2 will be permitted according to CDPHE
guidelines, and will be monitored and tested according to their permit
requirements.
23.0 Wildlife: The following recommendations by the CPW shall be added to the Codes, Covenants and Restrictions
for the subdivision:See a) through e) below:
a)Fencing should be held to a minimum and any necessary fencing should be wildlife friendly.This condition was incorporated into Section 6.15.1 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
i Additionally, CPW encourages the applicant to work with adjacent landowners to replace current perimeter
fencing with wildlife friendly options.
The Applicant has and will continue to work with adjacent landowners to replace
perimeter fencing with wildlife friendly options. All new fencing on the property is
wildlife friendly.
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.
This condition was incorporated into Section 6.15.2 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
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.
This condition was incorporated into Section 6.15.3 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
Zone District 1 Preliminary Plan Conditions of Approval from Resolution 2020‐55 (Reception No. 945441)
COA #
Page 4 of 8
Condition Applicant Response
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.
This condition was incorporated into Section 6.15.4 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
e)Trails through riparian habitats should be minimized to the extent possible and provide adequate signage to
keep users on designated routes.
This condition was incorporated into Section 6.15.5 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
24.0 Public Road Dedication: At the time of subdivision, all road easements within Zone 1 and Zone 2 of the PUD
shall be dedicated to the public on the subdivision plat.
The road easement in Zone District 1 was dedicated as required on the approved
Final Plat recorded at Reception No. 982205. The proposed road easements in Zone
District 2 as shown on the Preliminary Plan in Appendix M will be similarly
dedicated at the time of Final Plat.
25.0 Wastewater Treatment Facility (WWTF):See a. through c. below:
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).
The PUD contains one Lot that is less than 1 acre in size, which is Lot 6 in Zone
District 1. Special provisions for OWTS for lots less than 1 acre are included in
Section 6.13 of the Covenants, Conditions & Restrictions in Appendix O, also
recorded at Reception No. 982206. Section 6.13 allows such lots to connect to an
OWTS on another parcel greater than 1 acre.
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.
26.0
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, prior to final plat approval.
This application for Preliminary Plan for Zone District 2 will bring the total number
of dwelling units in the PUD to 26, triggering the need for an Affordable Housing
Plan. The proposed Affordable Housing Plan is included as Section 6 of the PUD
Guide in Appendix Q.
27.0
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. Perimeter delineation of wetland areas should be required
on Zone 2 to avoid impacts during development.
The wetlands in Zone District 2 were re‐delineated in 2023, and the Wetlands Pre‐
Construction Notification Report for the US Army Corp of Engineers is included as
Appendix R.
28.0
Anglers Easement: At the time of Final Plat for Zone District 2, the property owner shall provide a public fishing
easement along the Roaring Fork River to extend the angler's easement at Blue Creek Ranch. Potential issues of
trespass associated with the overlap parcel shall be addressed at the time of dedication of the easement.
Zone District 2 fronts the Roaring Fork River for a total of 1649 linear feet. Of that
length the Applicant only owns land up to the high water line of the river along
1414 linear feet (86% of the frontage), and they do not own the actual riverbed.
The riverbed is owned by T2 Carbondale, LLC. The Applicant does not have legal
access to the river along this 1414 linear foot frontage, and feels that it would be
irresponsible to provide a public easement to access a river which they do not own.
Providing such an easement would encourage the public to trespass on an adjacent
owner's private property.
Zone District 1 Preliminary Plan Conditions of Approval from Resolution 2020‐55 (Reception No. 945441)
COA #
These two conditions are addressed as Plat Note 2 of the Final Plat for Zone District
1 recorded at Reception No. 982205. They are also addressed in Section 5.3 of the
approved PUD Guide recorded at Reception No. 945439. Lastly, this item is covered
in Section 6.13 of the Covenants, Conditions & Restrictions in Appendix O, also
recorded at Reception No. 982206.
Page 5 of 8
Condition Applicant Response
29.0
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.
This fence is 885 feet long and was included as a component of the SIA for Zone
District 1, recorded at Reception No. 982204. This fence was constructed in 2023.
30.0
100‐Year Floodplain: At the time of Preliminary Plan submittal for Zone District 2, 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.
This application for Zone District 2 Preliminary Plan includes detailed grading plans
(Appendix F) and an Engineering Report (Appendix G) demonstrating that the
proposed subdivision is in full compliance with the approved Floodplain
Development Permit recorded at Reception No. 786310.
31.0
Traffic Impact Fees shall be payable for all structures including barns in accordance with the Land Use and
Development Code. Development Agreement provisions for pre‐payment of the fees to facilitate off‐site
roadway improvements may be considered as part of the final plat review.
Road Impact Fees have been and will continue to be paid consistent with the
requirements of Garfield County's letter to Jody Edwards and Jon Fredericks dated
January 28, 2021 and signed by Sheryl Bower, Community Development Director.
32.0 The Applicant shall implement the Ute Lady Tresses management plan and provide a report to the Garfield
County Vegetation Manager as requested in his referral comments by the end of October 2020.
The Applicant has continued to manage the orchid habitat on the property as
evidenced by regular reports submitted to the County. An updated Ute Ladies
Tresses Management Plan was submitted to the County on 2/19/24 and is also
included in this application as Appendix S.
33.0 Prior to final plat approvals the Applicant shall prepare and execute agreements with the Carbondale Fire
Protection District for payment of Fire District Impact Fees.
The Fire District Impact Fees for Zone District 1 were paid directly to the
Carbondale & Rural Fire Protection District as evidenced by a receipt from that
District dated June 7, 2022, which was provided to the County in Appendix N of the
Final Plat Application for Zone District 1. The Fire District Impact Fees for Zone
District 2 will be paid at the time of Final Plat for Zone District 2.
34.0 Prior to final plat approvals the Applicant shall provide documentation of will serve letters of commitment from
all utility providers.
Utility will serve letters for Zone District 2 are included in Appendix I, and will also
be provided at the time of Final Plat for Zone District 2.
Zone District 1 Preliminary Plan Conditions of Approval from Resolution 2020‐55 (Reception No. 945441)
COA #
Page 6 of 8
Condition Applicant Response
1 The development of PUD shall comply with all applicable Local, State, and Federal rules and regulations and all
necessary permits shall be obtained.
The development of the PUD has, and will continue to comply with all applicable
Local, State, and Federal rules and regulations and all necessary permits have been
and will be obtained.
2 That all representations of the Applicant shall be considered Conditions of Approval unless modified herein.All prior representations of the Applicant have been complied with.
3
All previous conditions of approval from Resolution No. 2018‐10 shall remain in effect unless modified herein
or in the Preliminary Plan approvals and the PUD Modification is subject to compliance with all Preliminary Plan
conditions of approval.
All prior conditions of approval from Resolution 2018‐10 have been complied with
or have otherwise been carried forward into Resolution 2020‐54 (PUD) and/or 2020‐
55 (Zone District 1 Preliminary Plan).
4
That the Applicant's proposed building envelopes for Lots 5, 6, and Tract B are acceptable subject to
compliance with the Supplemental Landscaping Plan dated 7/29/20 and the supplemental edits to the PUD
Guide Tables 5.1.1 and 5.2 on Setbacks and Projections dated 7/28/20, subject to the following additional
provisions:
The Applicant has installed landscaping in compliance with the Landscape
Screening Exhibit dated 7/29/20. Required edits were made to the PUD Guide and
recorded at Reception No. 945439.
a)
That the Supplemental Landscaping Plan include maintaining the existing fencing and existing stands of willows
along the property line and shall include irrigation of the Ponderosa Pine plantings. Additional landscaping can
be provided by the Applicant at the time of building permit.
The existing fencing and willows have been maintained. Ponderosa pine trees have
been installed and permanently irrigated along the boundary of Lot 5 and the CDOT
ROW in accordance with the Landscape Screening Exhibit dated 7/29/20.
b)
That the PUD Guide Table 5.1.1 be edited in the first footnote to read *Any two or more buildings, including
buildings within the same Building Envelope shall be separated a minimum of 10' as measured from the closest
of any points on the structures.
The required edit to Table 5.1.1 of the PUD Guide was completed and recorded at
Reception No. 945439.
5
Density Shift: That the density shift of two units from Zone District 2 to Zone District 1 is approved and
amendments to the PUD Guide that would allow for further density shifts that would allow for additional
accessory, employee, or affordable dwelling units within Zone District 1 may be considered.
The density shift was memorialized in the PUD Guide as recorded at Reception No.
945439.
6
Landscaping: Prior to Preliminary Plan Approval, the Applicant shall expand the Landscaping Plan to include
additional details and buffering along Lots 5, 6, and Tract B, adjacent to State Highway 82 and the adjacent
mobile home park.
Preliminary Plan for Zone District 1 was approved via Resolution No. 2020‐55,
including the Landscape Screening Exhibit dated 7/29/20.
7
Water Supply Plan: That the change in the water supply plan from a community system to individual wells is
approved subject to compliance with all Preliminary Plan conditions of approval including those specifically
addressing operation, maintenance, treatment, required easements, and permitting of the proposed wells.
All Zone District 1 water supply conditions have been complied with as
demonstrated in the table addressing the Preliminary Plan conditions (Resolution
2020‐55).
8 That the provision in the PUD plan for an additional Barn Lot is approved subject to compliance with all
Preliminary Plan conditions of approval.
All Preliminary Plan conditions for Zone District 1 have been complied with as
demonstrated in the table addressing the Preliminary Plan conditions (Resolution
2020‐55). The Zone District 1 Final Plat was recorded at Reception No. 982205.
PUD Conditions of Approval from Resolution 2020‐54 (Reception No. 945439)
COA #
Page 7 of 8
Condition Applicant Response
9 Wildlife: The property owner and/ or operator of Zone I shall comply with the following requirements and
recommendations by Colorado Parks and Wildlife:See a) through e) below:
a)Fencing should be held to a minimum and any necessary fencing should be wildlife friendly.This condition was incorporated into Section 6.15.1 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
i Additionally, CPW encourages the applicant to work with adjacent landowners to replace current perimeter
fencing with wildlife friendly options.
The Applicant has and will continue to work with adjacent landowners to replace
perimeter fencing with wildlife friendly options. All new fencing on the property is
wildlife friendly.
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.
This condition was incorporated into Section 6.15.2 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
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.
This condition was incorporated into Section 6.15.3 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
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.
This condition was incorporated into Section 6.15.4 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
e)Trails through riparian habitats should be minimized to the extent possible and provide adequate signage to
keep users on designated routes.
This condition was incorporated into Section 6.15.5 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
10 That the PUD Guide and Covenants be updated to include an Operations Plan including parking and provision
of portable toilets as needed for special events and Community Meeting Facility activities.
This condition was incorporated into Section 6.14 of the Covenants, Conditions &
Restrictions in Appendix O, also recorded at Reception No. 982206.
11
All PUD approvals and plans shall be updated to reflect the corrected legal description. Should the Applicant
confirm or obtain ownership of the overlap area it shall be included back into the PUD and processed as a PUD
modification in accordance with the Land Use and Development Code.
The approved PUD Resolution and PUD Guide were updated to reflect the
corrected legal description and recorded at Reception No. 945439.
PUD Conditions of Approval from Resolution 2020‐54 (Reception No. 945439)
COA #
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