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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.21.2006oo vf Exhibits for Falmouth, Inc Floodplain SUP 0212l/06 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Letter from Petre & Petre to Buildins and Plannins dept. dated 5ll9l03 1fu2,* (7at /,d-J^/L tfu/a; k 4fu s,/, ?1- (a/\l l\t .x.hi il'Letter {*,to z} -:: Exhitrit EXHIBIT € PROJECT INFORMATION AND STAFF COMMENTS BOCC 0212U06 FJ Floodplain Special Use Permit Falmouth,Inc Tract A, Elder Subdivision, Ranch at the Roaring Fork 1.204 acres Central System Central System 2O-foot access easement from Surry Street PD (Planned Development) REOUEST APPLICANT / OWNER LOCATION PROPERTY SIZE WATER SEWER ACCESS EXISTING ZONING I. GENERAL PROJECT INFORMATION The Applicant owns a lot (Tract A containin g 1.204 acres) in the Elder Subdivision which is located within the Ranch at the Roaring Fork Planned Development east of Carbondale on State Highway 82. The entire the property is located in the 100-year floodplain of the Roaring Fork River as mapped by FEMA. More speciflcally, the majority of the property is located in the flood-fringe of the 100-year floodplain. Tract A is land-locked behind Lots 2 and 3 but has an existing 2O-foot I access easement from Surry Street, as shown on the Amended Final Plat, to Tract A across Lots 2 and 3. Physically, the property is located adjacent and south of State Highway 82 at the northwestern most corner of the Elder Subdivision. The lot is basically flat and contains several jurisdictional wetlands which are presently staked on the ground. The Applicant does not intend to construct a single-family dwelling at the present time. The Applicant wishes to obtain SUP approval as a condition on a contract to sell the property. II. PROPERTY HISTORY The Elder Subdivision (Ranch at the Roaring Fork [V, Filing 3) was approved by the Board in September, l9l8 and subsequently amended in April, 1995. A letter from Petre & Petre, dated 5ll9l03 explains a bit of history of Tract A (attached). It states, "Originally, development of Tract A was prevented by a wetlands determination by the Corps of Engineers. Nonetheless, the original developer, John Elder, reserved the development rights in Tract A under the terms of a Settlement Agreement dated May 26, 1994; with the HOA...The Settlement Agreement provides for water and sewer service to Tract A in the event of development. Subsequently, the Corps indicated to Falmouth [then owner of Tract Al that a redetermination regarding the wetlands was likely, allowing development of the lot. The Corps later confirmed such redetermination and ultimately Falmouth (owner of Tract A) decided to pursue development of Tract A for a single-family development." The 1982 floodplain map shown above illustrates the area of the flood-fringe in gray with the subject property outlined in black. [I. APPLICABLE ZONING REGULATIONS The property lies almost entirely within the 100-year floodplain as regulated by FEMA and depicted on the map above. Any development in the FEMA regulated floodplain requires a Special Use Permit from the Board of County Commissioners. Specifically, Section 6.08 of the Zoning Resolution of 1978, as amended provides an administrative procedure to obtain a floodplain Special Use Permit which includes the following requirements: 1) To assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollurion Control Act Amendments of 1972, 33 U.S.C. 1344. Sta-ff Response As mentioned above, the US Corps of Engineers approved a redetermination of the wetlands on the property which allowed for development of Tract A for a single-family dwelling. Additionally, the Applicant provided a letter from the Corps which provided an approval for a Nationwide General permit No. 29 for a driveway access into the property which required the placement of fill in waters of the US. Staff finds this standard to be met. 2) To determine whether proposed building sites will be reasonably safe from Jlooding, an"d that the structure will be in compliance with the applicable provisions for uses and standards for construction set forth in this Resolution. Sta.ff Response The Appticant's request will establish a building envelope which will identify the elevation of the first finished floor at 6,203 feet. This requirement is essential to a building permit approval by the Building and Planning Department where the builder / Applicant shall be required to provide a "flood elevation certificate" demonstrating the first finished floor of any proposed single-family dwelling is at least 1 foot above the 100 year base flood elevation. Further, the owner of the property constructing the dwelling shall be required to adhere to the performance standards set forth below from Section 6.09 of the Zoning Resolution for residential development in the flood-fringe. Staff finds this standard is met. 3) To determine if the proposed development is located in the floodway. If located in the floodway, assure that encroachment provisions of Section 6.09.01 ( I ) (A) are met. Staff Response The proposed building site is located in the flood-fringe of the 100-year floodplain and not located in the floodway. Staff finds this standard to be met. 4) To assure that adjacent communities, the Colorado Water Conservation Board and Federal Emergency Management Agency have been notified of the proposed watercourse alteration or relocation. Sta-ff Response Does not apply as there is no proposed alteration of the watercourse of the Roaring Fork River. This standard is met. 5) To assure that the carrying capacity of the altered/relocated watercourse is maintained. Sta-ff Response Does not apply as there is no proposed alteration of the watercourse of the Roaring Fork River. This standard is met. The Applicant shall also specifically address the following review criteria for development in the floodplain pursuant to Section 6.09.02 of the Zoning Resolution: Performance Standards. The following perforrnance standards must be met for development in the Flood Fringe or Flood Prone Areas: A. The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be less than one (l) foot above the maximum water elevation of the 100 Year Flood. B. All new construction or substantial improvements shall be reasonably safe from flooding. ., D, E, F. G. C. Any new construction or substantial improvement designed for commercial or industrial uses shall either: (i) Elevate the lowest floor level, including basement, to not less than one (1) foot above the maximumwater surface elevation of the 100 Year Flood; or (ii) Provide flood-proofing improvements so that below an elevation of one (1) foot above the maximum water elevation of the 100 Year Flood, the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water. Structural components shall be capable of resisting hydrostatic and hydrodynamic loads and fficts of buoyancy. Evidence shall be submitted and certified by a registered professional engineer or architect that the flood proofing meet the standards as set forth herein. Any proposed development shall be reviewed by the Floodplain Administrator to insure that the potential for flood damage by the 100 Year Flood is minimized, that all public utilities and facilities are located, designed and constructed so as to minimize damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure toflood hazards. All new construction or substantial improvements shall be designed and adequately anchored to prevent Jlotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize Jlood damage. New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of Jloodwaters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contaminationfrom them during a 100 Year Flood. Insurance Rate Maps ) all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of nonresidential structures in areas identffied as subject to sheet flow shall have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number specified on the Flood Maps, or, together with attendant utility and sanitary facilities, be completely flood-proofed to or above the elevation of the water surface as specified on the Flood Maps. Require that all manufactured homes or those to be substantially improved to be placed within Zone A on a community's FEMA or FIRM shall be installed using methods and practices which minimize Jlood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist Jlotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, Ltse of over-the-top or frame ties to ground anchors. This requirement is in 4 H. addition to applicable State and local anchoring requirements for resisting wind forces. A manufactured home should be elevated a minimum of one (l) foot above the base.flood level and anchored to the elevatedfoundation. L Section 6.10 DISCIA,IMER OF LIABILIW: The degree of flood protection required and intended to be provided by this Regulation is considered reasonable for the protection of ltfe and property and is based upon engineering and scientffic methods of study. Larger Jloods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This Regulation does not imply that areas outside the designated Jloodplains or land use permitted within such floodplains will be free from flooding or Jlood damages. This Regulation shall not create liability on the part of the County or any fficer or employee thereof for any flood damages that . result from reliance on this Regulation or any administrative decision lawfully made thereunder. Staff Resoonse Staff finds the Applicant has adequately addressed these performance standards and shall continue to do so as conditions of approval for any Floodplain Special Use Permit issued for this property as they are "performance standards" to be met through construction and location of the single-family dwelling on the subject property as demonstrated through the building permit process. Specifically, the Applicant has delineated a building envelope which contains a specific finished first floor elevation of I foot above the 1O0-year base flood elevation of 6,203 feet. IV. SUGGESTED FINDINGS 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 and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Floodplain Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in confornance with Section 6.00 of the Garfield County Zonrng Resolution of 1978, as amended. V. STAFF RECOMMENDATION Staff recommends the Board Approve the proposed Floodplain Special Use Permit with the following conditions: 1. That the testimony provided by the Applicant in the public hearing before the Board of County Commissioners shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. J. 4. 2. The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 Year Flood. All new construction or substantial improvements shall be reasonably safe from flooding. All new construction or substantial improvements shall be designed and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize flood damage. New or replacement water supply systems and sanitary sewage systems shall be designed so astominimizeoreliminateinfiltrationoffloodwaters.e sr;qtems shall be teeated so aS td dVditl i iFZii lte It o' tle"'l o' contamination from them during a 100 Year Flood: All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of nonresidential structures in areas identified as subject to sheet flow shall have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number specified on the Flood Maps, or, together with attendant utility and sanitary facilities, be completely flood-proofed to or above the elevation of the water surface as specified on the Flood Maps. Require that all manufactured homes or those to be substantially improved to be placed within Zone A on a community's FEMA or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. A manufactured home should be elevated a minimum of one (1) foot above the base flood level and anchored to the elevated foundation. The degree of flood protection required and intended to be provided by this Regulation is considered reasonable for the protection of life and property and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This Regulation does not imply that areas outside the designated floodplains or land use permitted within such floodplains will be free from flooding or flood damages. This Regulation shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. The Applicant shall provide a scaled site plan to the Building & Planning Department accurately illustrating the wetlands on the property. No development on Tract A shall impact the jurisdictional wetlands delineated on the property unless specific approvals have been obtained by the US Corps of Engineers. Such proof of approvals shall be provided to 6 5. 6. 7. 8. 9. the Building & Planning Department at of building permit application. P' \rr$\+\ *'Y 6,* \ BEC i GLENWOOD SPRINGS, COLORADO 81602 MAY I il 2003 ,[s$lF$i$lh May 1e,2oo3 VIA TIAND DELIVERY Mark Bean, Director Garfield County Building & Planning Dept. 108 Eighth St., Suite 201 Glenwood Springs, CO 81601 Access & Utility Easement Pertaining to Lots 2,3 & Tract A, Elder Amended Plat, A Resubdivision of a Portion of Ranch at Roaring Fork IV, Filing No. 3 Dear Mark: This letter follows our recent telephone conversation about the above-referenced access easement. My client. Falmouth, Inc., owns Tract A as platted on the Elder Arnended Plat. A copy of the Elder Amended Plat ("Plat") recorded in April 1995 is enclosed for your review (the Plat was actually a replat of the property). The property was annexed into the Ranch at Roaring Fork by virlue of a Supplemental Declaration clated March 31, 1981, entered into by the Association and recorded on April 8. 1981 in Book 569 at Page 213. As noteci in the Owner's Clertificate of Dedication and Ownership on the Plat, an access and utility easernent twenty feet in width across Lots 2 and 3 was reserved fbr the benefit of the Owner (for access to 'fract A), as well as for the benefit of the Ranch at Roaring Fork Homeowners Association. Originally, development of Tract A was prevented by a wetlands determination by the Anny Corps of Engineers. The original developer (John Elder) nonetheless reserved future development riglrts in Tract A under the temrs of a "Settlement Agreement" clated May 26, 1994. with the HOA (and an Anrendment thereto dated December 19, 1994; a copy of the Settlement Agreement and Amendment are enclosed). The Settlement Agreement as amended provides for rvater and sewer service to Tract A in the event of development. Subsequently, the Corps indicated to Falmouth in early 2000 that a redetemrination regarding the wetlands was likely, allowing developntent of the Lot. T'he Corps later confinned such redetermination and ultimately Falmouth decided to pursue development of Tract A lbr a single farnily residence. In early 2000, Falmouth initiated discussion with the then-owners of Lot 3 regarding certain obstructions and encroachments in the access easement area, largely consisting of landscaping improvements that had been made to Lot 3. The driveway for Lot 3 also had been built into the easement area (withont Falmouth's knor.l'ledge). the parties met onsite last year and agreed upon a basic design fbr a driver,vay to 'fract A that would minimize the impact on Lots 2 and 3. Falmouth's EXHIBIT b .Toog Telecopier (970) 945-4885 E-mail - barbsofc@sopris. net Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel LAW OFFICES i.,"1-#i&*Jil|ft,1 ' POST OFFICE DRAWER 4OO M. Bean l9-May-03 Page 2 engineers then began developing construction drawings a question was raised by the engineers as to whether the width of the easement met countv sta My review of the County zoning code and the subdivision ulations indicated the issue of private driveway easements is not clearly addressed. with the easements being in Section 5.01.05 of the Supplemen y actual reference to private driveway Regulations under the Zoning Code. Section 5.01.05 expresses a requirement for 25 lineal of frontage on a street right of way or resened private access road (see also Section 9:22 of the continues by identifl,ing that when two or more buildings ivision regulations). Section 5.01.05 in parl or in whole to residential use are located on one lot, if either of the buildings lacks such building must front on a private driveway 25 feet required street or road fiontage then in width. This latter provision is not applicable because Falmouth does not propose two resid ial buildings on Tract A. With respect has 25 feet of frontage on the privateto the tbrmer portion of Section 5.01.05, Tract A actuall access easement. Accordingly, the access easement compli with the requirements of the code. This research is what prompted me to contact you in Dec ber about this. You confirmed for me that Section 5.01.05 was the provision addressing priv access easements and after further discussion you also indicated that because the driveway Lot 3 had been built to overlap with the access easement, the County would view this as a shared such use as "public" in nature, thus requiring conformity of the easement and would interpret for the shared portion of the easement) with the right-of-way standard applicable to public st Subdivision Regulations. and roads under section 9:35 of the The thirty foot right-of-way requirement in Section 9:35 the Subdivision Regulations states that ivate drives. "Street" is defined under rved for "public" use. There is r-ro indication in the code that "public" is interpreted as hing used by two lot owners on private property. Perhaps I misunderstood the nature of the C 's "interpretation" but it does not seem obvious to me based upon a plain reading of the regulati Nonetheless, the County's interpretation was colnm amongst the parties, although it was also communicated as an interpretation of the Co 's regulations. The driveway design previously agreed upon remained acceptable but the owner f Lot 3 would not consent to additional interpretation. in spite of the fact that it was their driveway that gave rise to the issue in the first ace. Only later was Falmouth advised that at least one of the lot owners apparently believed that refusing to accommodate the County interpretation on width they could effectively prevent Fal tiom developing Tract A. Lot 3 was sold on May 1 without a resolution of the i . Last week, however, the attorney for the sellers of Lot 3 notified me that thev intend to remove re remaining landscape obstructions and it applies to streets and roads but there is no reference to Section 2.02.50 of the Zoning Code as a right-of-way width fbr the access easement to accommodate the County build a driveway to Tract A within the 20-foot-wide easer HOA. At this point I can only speculate that the buyers area to serve both Tract A and the required a resolution of some sort as a condition of the purchase of Lot 3. This provides a pa I solution for Falmouth, of course, but what remains of concem is the effect of the location of the 3 driveway. Falmouth has no practical objection to the location of Lot s driveway so long as it is not used as a tool to adversely impact Falmouth's rights. In short. it see unfortunate for Falmouth to be in the M. Bean 19-May-0j Page 2 position of having to compel Lot 3 to move their interpretation of the land use code. Falmouth needs written confirmation from the Building of Lot 3's driveway and the dimensions of the previously viewed as issues fiom the County's perspective and will such time as a building permit for Tract A is submitted. I would be happy to meet with you and discuss this further. Sincerely, oa-<-A RARBARA P. KO BPK/fm encl. cc: Falmouth, Inc. veway order to accommodate an Planning Department that the location platted access easement are not be raised as issues by the County at gETTLE}TENT THIS AGREEMENT is entered into thi L9g4, bY and between JOHN B- ELDER (" ROARING FORK }IOMEOWNER.S ASSOCIATION, IN corporation (the trAssociation") . RECITALS L. Elder is the sole owner of th Lots 47 63, as dePicted on ROARING FORK, IV, Filing No- T L979, dS RecePtion Number 292 County of Garfield, State Property"). 2- A Portion of the Elder vretlands under Provisions of the 2L* aay op 7/r-/- , Ider") and the RANCH AT a Colorad.o non-Profit following real ProPertY: the plat of ree, recorded L4. f Colorado thE RANCH AT FebruarY 27, (the 'rElder Prope y has been classified L978 C ean Water Act. d.eveloping the Elder Property, and on that studY, PreParedof Permission, includingand submitted an application for a Lett a Wetlands Mitigation PIan (a coPy of w i-ch is attached hereto as 3. SunCesigns Architects and E.R' environmental consultants, conducted 4. The aforesaj-d studY and creation of ten residential building Exhibit A) to ti:'e United' States Army Co in the issuance of a Letter of Permis copy of which is att'ached hereto as E ir B). O. Resources CorPoration, study, for Purposes of rS of Engineers, resulting on on March 10, L992, (a I}y authorizing Elder to S within the regulated 5. Elder, his heirs, successo d.evelop and construct, single family re I tO, after the reconfiguration i-cation provided for the 1 - 10).es (proposed lots Loners of Garfield CountY, roval of the ProPosedi11 result in the creation s or assigns, intend to iCences upon ProPosed lots f the Elder ProPertY bY Roari-ng For]'. and aPPrcval p .i. ap amendment to the Plat of the R'anch at' thereof by the Board' of County Commiss Colorado (the TTBOCC'i ) .The a reconfig:uration of the E1der Property. of the iforementioned lots I - 10, whi existing lots 4'7 55 anC 61 53. 92-LO9, a Special Use Permit conditio utilize fiIl and comPensatory measu Iots will be comPrised of 6. On Decernber 21, L992, the BO C issued. Resolution Nunber floodplain for purposes of creating bui I l-0. d.ing sites cn ProPosed lots 7. The Planned' d'eveloPment of of wa HoIy ,, in reguire the relocation of a right Ranch at Roaring Fork, in favor of Inc., recorded November 28, L972 Reception Numher 256L64, and the ove thereon. 8.The planned develoPment of require the relocation of a portion lirie and will require the ext'ension l- LO and the Palraent of water Association. sites, other than those located on th Iocated. subject to the Associationts a the Association will cooperate with Wer-*lands Mitigation PIan and will n approvals requireC by this Agreement' 2 - E1d,er shall designate exj-sti under the Letter of Permission. Elder rights to said, lots 55 60, subject o Bylf,aws of the Association anC this Agr elsements across 1ots 56-60 to the their guests and invitees as reasonab access to the Com:non Recreation Rese Fork, and for a lift station and sew shall pay real property taxes and ass 56-60. 3. Elder shall retain the right - 6O for such purposes consistent with the Declarations and By-Laws of the County Planning and Building Codes as ' re-enacted or amended and this Agreem o AGREEMENT IN CONSIDERATION of the foregoi agireements herein contained to be kept hereto, E1der and the Association her 1. Eld.er shall conPIY with all States Army Corps of Engineers Wetlar Letter of Pentission (copies of whi Exhibits A and B) or any subseguent m to the Declarations and By-Lavrs of Agreement. Except as provided therein wetlands Mitigation Flan shall not af Property and Elder shal1 repair any da: Ranlh at Roaring Fork, resulting from soiJ. d.isposal sites, wilIow cutting s o f a: oposed. Iots t - 10 will easement, granted bY the ross Electric Association, Book 438 at Page 2L2 as ead. powerlines in PIace roposed lots 1 10 maY the existing waste water tilities to ProPosed lots sewer tap fees to the and the covenants and d performed bY the Partiesy agree as follows: guirements of the United Mitigation Plan and the are attached hereto as ifications thereto subject the Association and this the implementation of the ites and eguiPment storage Eld.er ProPertY, shall be proval; provided, however, the implementation of the t unreasonablY refuse any Iots 56 60 as directed inatr retain his ownershiP ,ly to the Declarations and ement. Elder sha1l Provide sociation, its members and 'ct land outside the Elder ge to propertY, within the iaid implementation- AI1 necessarY for fishing and 'e at the Ranch at Roaring r and Power lines. Elder tsments Ievied against lots to redesignate saiC lots 56 e Clean Water Act' of L978 | Association, the Garfield in effect or as hereafter nt. Should Elder desire to sewer seF/ice at a Per lot tap fee to lementation thereof would exceed the then available capacity of t water and sewer sYsten. e Ranch at R.oaring Forkr s 4. E1d.er shall Provide for reI Electric Association, Inc-, easemenL (r ation of the HoIY Cross rded in Book 438 at Page he powerline thereon, dt :ion to be approved bY the Association and' set forth on the amende PIat, that will allovr for the planned. development of proposed Io 1 10. develop lots 56-60 and obtain all nece *im said development, the Associatio provid.ed., however, the Association shall said water and. sewer serrrice if the iml 2L2 as Reception Numher 256L64) and Elderts exPense, to an aboveground Io9 sary apProvals to Proceedshal} Provide water and be mutuallY agreed uPon; not be required to Provide and expense, relocate the a location to be aPProved amended Plat of the Ranch the Declarations of the ished with a coPY of the Plat is in comPliance with ciation and this Agreement proposed Plat rnodificatj-on xhibit A, Figure F-2), the posed amendment of the grant any aPProvals and Declarations in supPort of 5. Elder shall, at his sole cos existing waste water line and easement by the Association and set forth on th .t Roaring Fork in acccrdance with Association. 6. The Association shaIl be fu aforementioned PIat by Elder and sha proposed. amend.ed. PIat and', provided sai< the Declarations and By-Laws of the Ass and d.oes not materiali-y oiffer from the (a copy of which is attached hereto as Association shall not oPpose the P perform any actions necessary under tl:'e Elderts proPosed Plat amendment- 7 - AnY Subdivision ImProvement pertaining to the E1d'er Proper+-y, shal 6y any subsegue-nt Subdivision rmprower conjunction with Elder's application copy of any proposed nevr Subdivision I the same is in conpliance with the Dec Association and this Agreement and g:reement now in effect and be approPriatelY modified nt aqieement agieed' to in for an amendment of the afoiementioned. PLat. The Associati-on shall be furnished with a rovement Agreement and, if rations and BY-Laws of the provid.es for imProvementsitence within the Ranch at oppose the new Subdivisionconsistent with those currently in ex Roaring Fork, the Association shalI no Iroprovement Agireeioent . 8.. Elder shall, at his sole exP of utilities to ProPosed lots L 10 Iines and taPs. 9. Elder shall PaY water and se each of the ProPosed lots 1-10, to installnents of principal and interes palnnent sched,ule: nse/ pay for the including water r tap fees of $5,the Association, accordi.ng to the extension and sewer 500.00 for in three following B. Elder shalI PaY the installment of principal and ini'erest f fees 1-80 d.ays after the execution of th ' A. installment of Agreement - L2 l-3. obligation Agreement, signed bY l-5. benefit personal hereto. Elder shall PaY the water and sewer taP fees C. Elder shalI principaJ. and interest for issuance of a Building Permit no event later than December pay the each wat for each r 3L, 1999. Interest shall accrue at a rate of on the unpaid balance of the water an d,ebt to the Association shall be evid containing the terms as set forth here Upon payment in fuII for a ta ownership rights in the water and sewe Lo. This Agreement shaIl be enforced in accoroance with the lavrs lL. In the event of any litig Agreemernt, the prevailing party shall b costs and expenses, including attorney therewith. This Agreement shall constj between the parties, and any prior unde of any kind Prececing the date of binding upon either partY except to this Agreement- Any rnociif ication of this assumed by either PartY,shall be binding on a PartY such partY or such PartYrs s 14. If anY Provision of this Ag unenforceable under applicable Iaw, th not to include that provision and al} o in fuII force ano effect. This Agreement shalJ- be bj of the respective heirs, representatives, successors d assigns of gr o first one-thi rd (L/3) pon the execution of this second one-third (L/3) r the water and sewer taP Agreement. enaining installment of and sewer tap upon the id.ence construeteC but in ed by a promissorY note t Elder sha1l have full taP. erned bY, construed and the State of Colorado. ion arisingentitled to ees incurred out of this all. reasonable in connection ute the entire Agreement stand.ing or rePresentation is Agreement sha1l not be e exient incorPorated into Agreement or additional in conneccion with this nly if evid.enced. j-n writing ccessors in interest- eement is held invalid or Agreement shal1 be deened hef provisions shall remain ing upon and dministrators, inure t'o the executors, the Parties I six percent (62) Per annum sewer tap fees. Elder's . IN WITNESS this Agreement WHEREOF, Elder the day and year STATE COUNTY OKLAHOMA oF eqffi#4,qq ) 0 KLAH0MA )or d##}EEs ) STATE OF COIORADO COU}ITY OF GARFIELD was acknowledged be I L994 | by John B SS. The foregoing ..-'"1$itness mv hand and official seal ." 1^r,.Il'.'. 'J':'-l{i .commission expires : 1 / I 6/98 r" " i i '. . .<ine foregoing was acknowledg - -\ U ".--( t L994 , bY Ranch at Roaring Fork Homeowners Witness my hand and official and the Association have executed first ve written. l-, 24'/ B. Elder at Roaring Fork ers Association, Inc. Zi, //c't - /ilrot,"-+ ore me this F'l r{or Z6th day of Pub1-ic - CarolYn' DorseY ore me thi 3 {-!day of for the ation, Inc.Assoc sea]. SS. ) ) ) .-, My co4mission expi-res rblta)91 . ',...''...... -..,... A}IENDMENT TO SETTLE}IE AGRIENIENT This / I day of l)ec,.^^Lor . 1994, JO B. ELDER ("Elder") and the RANCH AT ROARING FORK HOMEOWhIERS ASSOCIATiO , INC. a Colorado non- profi.t corporation (the "Association") for good and vaiuable consideratio hereby agree to amend the Settlement Agreement, dated May 26,1994,by and betrveen Elder the Association as foliows: 1.Recitals, paragraph 3 sliall be and Recitals, paragraph 4 shali be and Recitals, paragraph 5 shall be and , reb,v is deleted in its entiretY. y is deleted in its entirefY. reby is amended in its entirety to read as follows: "5. Elder, his heirs, suc or assigns, intend residences upon the Elder Properry, after the reconfiguration of the Elder Properf,v by amendment to a portion of the Plat of the Ranch at Roaring Fork Phase IV, Fiiing No. 3 and approvai thereof by the Board of Courty Commissioners of Garfield County, Coiorado (the "BOCC"). The approval of the proposed reconfiguration of the Elder Property wiii resuit in the creation of ten residentiai building sites (proposed lots 1 - 10) and Tract A which lots and Tract A rvill constitute a repiat of existing lots 47 - 63." as follorvs: 4. Agreement. paragraph 1 shall be and hereby is amended in its entirety to read "1. Elder shall comply with all U.S. Army Corps of Engineers requirements pertaining to the Elder Properly or any subsequent modifications thereto subject to the Declarations and By-Lalvs of the Association and this Agreement except that, without the prior written consent of the Association, such compiiance shail not affect land outside the Eider Property." z. a to develop and construct up to lten single famiiy a uncler the Declarations in support of Elder's proposed Plat amendment." All other terms of said Settlement Agreement shall remain valid and in effect. IN WITNESS WHEREOF, Elder and the Association have executed this Amendment the day and year first above written. John B. Elder Ranch at Roaring Fork Homeowners Association, Inc. ,r, €r*Porar,r, lfrt Fn'o'**'l' STATE OF ) ) ss. )COLTNTY OF Elder. Subscribed and srvom to before me this day of Witness my hand and official seal. ivly commission expires: SEAL: Notary Public STATE OF C..lor,q.,ie .) ) ss. colrr{rY oF (1^-L-0J )t 1994 by John B. Subscribed and srvom to before me this 1 Q\a^y "*fD+cr*-bu^" 1994 by the Ranch at Roaringtork Homeowners Association, Inc. by C,B-, Ef\re^'- as U-r,.- V ,c-^., Q-' r^Y . Witness rny hand and officiai seai. lvly commission expires:' SEAL: I!IIIEIITTTIIITIrIITIIIITI FTESbuHCEo ENGINEEFIING tNc --exnlsrrq RscElvE*..,",-r,,.ilMr. Fred Jarman Garfield County Building and Planning Department --o 1 6 2006 108 Eighth Street, Suite +Ot kt Grenw5od springs co 81601 "^-S,,,*?F,XH$,I[RE: Falmouth, lnc. - Floodplain Special Use PermitBUlL Dear Fred: At the request of Garfield county, Resource Engineering, lnc. (RESOURCE) has reviewed the Falmouth, lnc. Floodpiain Special Use Permit Application. The application submittal was prepared by Schmueser Gordon Meyer (SGM) dated January 12,2006- PROJECT The proposed project is for construction of a driveway and single family house within the 100 year floodplain of the Roaring Fork River. The project is located at 315 Surrey Street which is known as Tract R oi ffre Elder Amended Plat, a resubdivision of a portion of the Ranch at Roaring Fork Phase lV, Filing 3. The submittal does not include any details on the location, elevation and site grading for the construction of improvements. ANALYSIS The entire Tract A parcel is located within the Flood Fringe District of the Roartng Fork River. The proposed activities would be allowed uses within the flood fringe as described in Section 6.09.02, provided that the minimum elevation of the lowest finished floor in the house is at or above 6,203 feet (NGVD 1929) and the future construction complies with all other provisions of Section 6.09.02 of the Garfield County Floodplain regulation. RECOMMENDATION The proposed activities would qualify for approval of a Floodplain Special Use Permit We recommend that if a permit is approved for Tract A, the condition of such approval should include the following: 1. The Owner/Developer shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the lowest finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall issue until this condition is met. 2. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject to the Garfield County Floodplain Regulations, the Applicant shall provide the Garfield County Building and Planning Department with an official survey indicating that the lowest finished floor elevation for all structures is constructed at one foot above the floodplain elevation (minimum finished floor = 6203 feet, NGVD 1923). This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. lt is noted that the floodplain elevations are based on the 1929 datum. Consulting Engineens and Hydnologists 9O9 Colonado Avenue I Glenwood Spnings, CO A1 601 I t37O) 945-6777 a Fax l97O) 945-1137 Mr. Fred Jarman Page 2 February 14, 2006 3. The Applicant shall comply with all conditions stipulated by the U.S. Army Corps of Engineers in their letter dated October 29, 2004 relating to the nationwide permii to discharge dredged or fill material in waters of the United States to construct a driveway to access a single family residence. Please call if you have any questions. Sincerely, MJE/mmm 885-44.0 E:\Client\885\44.0$ falmouth 885.doc Michael J. E i!!!itrESOUFCElrltaIIITIE N G 1 N E E N I N G I N C RESOURCE INC. a,(-' Water PE Engineer COPYRIGHT 2OO5 SGM, INC. t:\tgg2\g2/4g\F - Drivewoy Design\ftood exhibit.dwg Saved: Tue,2l Feb 2006 l2:10pm Plotted: Tue,2l Feb 2006 l2:l2pm cromeyn by,: lt iq. .l:. .z.r I ,'. I i.\lt is li,N-li r\ti:liI&ilrl!I / ''-*li sIt / q l,' / -.li ; Ili i Nll! Xt{ bl,t ! : i,\ li t' I \ali Ilt I -Ir t Nti .ll ,N [-{ bii Iti * I l- \ N tt q>*[ 6R S$;** BN S =os I ,.0. i ,*- L- -iLi :L! ,+ IIII H i:r $S ,' ti [,' i :;-il:;;;":-=:':t-l::i;:=1.[-ill=,i:: =: 1=::..'-=-:.:.::::"-:: =i:1:::a,i'._-i : io ===; --^l _l : ; :;: ;7,i:1=.ili;:1! =!=i 1- . ,_ - = - " ; i ;:i:7:11ir,:i1"-i,:' :, H I.I E : ,:;=r:':=:;;: -:1 . *l t i ;ii:-:;:,ii:? :lrrl I,- "=i": ,:r: =--".) "^ =^:- '"17' :'- ;11, ,"- :':; '=i- i; :1 | I:'i==': j E (r1 \(\(s ao - C rrla rrlv ooaooz. rrl rrl1 rI] z 9 z n |.Il I o o C I rrl U I a B6P: ild??' ,^o < XsEo a 1e;Toi9ooziOaOn^ omo-' .r d I8e ,Og; IuXBr" e,pgc \$8 (0- $ Job No. 92149-F Drown by: CR Dote: 12,/14,/2005 Appr. by: file: Floodplain Map Dougherty cial Use Permit Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel LAW OFFICES - * _s-,Q\trRE & PETRE. P.C. BE( ,i '' "HJitFi:5$il1,i5J.,, GLENWOOD SPRINGS, COLORADO 81602 MAl i t ?t03 ,[ffi#i F$t$$" May 1e, 2oo3 EXHIBIT Telecopier (970) 945-4885 E-mail - barbsofc@sopris. net VIA TIAND DELIVERY Mark Bean, Director Garfield County Building & Plaruring Dept. i08 Eighth St., Suite 201 Glenwood Springs, CO 81601 Re: Access & Utility Easement Pertaining to Lots 2,3 &. Tract A, Elder Amended Plat, A Resubdivision of a Portion of Ranch at Roaring Fork IV, Filing No. 3 Dear Mark: This letter follows our recent telephone conversation about the above-referenced access easement. My client. Falmouth, Inc., owns Tract A as platted on the Elder Amended Plat. A copy of the Elder Amended Plat ("Plat") recorded in April 1995 is enclosed for your review (the Plat was actually a leplat of the propert5,). The property was annexed into the Ranch at Roaring Fork by viftue of a Supplemental Declaration dated March 31. 1981, entered into by the Association and recorded on April 8, l98l in Book 559 atPage2l3. As noted in tlie Owner's Clertificate of Dedication and Owrership on the Plat, an access and utility easement twenty feet in width across Lots 2 and 3 was reserved for the benefit of the Owrer (for access to Tract A), as well as for the benefit of the Ranch at Roaring Fork Homeo\ 41ers Association. Originally, development of Tract A was prevented by a wetlands determination by the Anny Corps of Engineers. The original developer (John Elder) nonetheless reserved future development rights in Tract A under the terms of a "settlement Agreement" dated May 26, 1994. with the HOA (and an Anrendment thereto dated December 19, 1994, a copy of the Settlement Agreement and Amendment are enclosed). The Settlement Agreernent as amended provides for rvater and sewer service to Tract A in the event of development. Subsequently, the Corps indicated to Falmouth in early 2000 that a redetemrination regarding the wetlands rvas likely, allowing development of the Lot. The Corps iater confirmed such redetermination and ultimately Falmouth decided to pursue development of Tract A for a single farnilv residence. In early 2000, Fahnouth initiated discussion with the then-owners of Lot 3 regarding certain obstructions and encroachments in the access easement area, largely consisting of landscaping improvements that had been made to Lot 3. The driveway for Lot 3 also had been built into the easement area (withor,rt Falmouth's knowledge). The parties met onsite last year and agreed upon a basic design fbr a drivewal, to'fract A that w,ould minimize the impact on Lots 2 and 3. Fahnouth's M. Bea.n 19-Ma1''IJ Page 2 engineers then began developing construction drawings and a question was raised by the engineers as to whether the width of the easement met county standards. My review of the County zoning code and the subdivision regulations indicated the issue of private driveway easernents is not clearly addressed, with the only actual reference to private driveway easements being in Section 5.01.05 of the Supplementary Regulations under the Zoning Code. Section 5.01.05 expresses a requirement for 25 lineal feet of frontage on a street right of way or reserved private access road (see also Section 9:22 of the subdivision regulations). Section 5.01.05 continues by identiffing that when two or more buildings devoted in part or in whole to residential use are located on one lot, if either of the buildings lacks the required street or road frontage then such building must front on a private driveway 25 feet in width. This latter provision is not applicable because Falmouth does not propose two residential buildings on Tract A. With respect to the former portion of Section 5.01.05. Tract A actually has 25 feet of frontage on the private access easement. Accordingly, the access easement complies with the requirements of the code. This research is what prompted me to contact you in December about tiris. You confirmed for me that Section 5.01.05 was the provision addressing private access easements and aiter further discussion you also indicated that because the driveway on Lot 3 had been built to overlap with the access easement, the County would view this as a shared use of the easement and would interpret such use as "public" in nature, thus requiring conformity (for the shared portion of the easement) with the riglrt-of-way standard applicable to public streets and roads under section 9:35 of the Subdivision Regulations. The thirty foot right-of-way requirement in Section 9:35 of the Subdivision Regulations states that it applies to streets and roads but there is no reference to private drives. "Street" is defined under Section 2.02.50 of the Zoning Code as a right-of-way reserved for "public" use. There is no indication in the code that "public" is interpreted as something used by two lot owners on private property. Perhaps I misunderstood the nature of the County's "interpretation" but it does not seem obvious to me based upon a plain reading of the regulations. Nonetheless, the County's interpretation was cofllmunicated amongst the parties, although it was also communicated as an interprelation of the County's regulations. The drivev'ay design previously agreed upon remained acceptable but the owner of Lot 3 would not consent to additional width for the access easement to accommodate the County's interpretation. in spite of the fact that it was their driveway that gave rise to the issue in the first place. Only later was Falmouth advised that at least one of the lot owners apparently believed that by refusing to accommodate the County interltretation on width they could effectively prevent Falmouth tiom developing Tract A. Lot 3 was sold on May 1 without a resolution of the issues. Last week. however, the attomey for the sellers of Lot 3 notified me that they intend to remove the remaining landscape obstructions and build a driveway to Tract A within the 2O-foot-wide easement area to serve both Tract A and the HOA. At this point I can only speculate that the buyers required a resolution of sotne sort as a condition of the purchase of Lot 3. This provides a partial solution for Falmouth. of course, but what remains of concern is the effect of the location of the Lot 3 driveway. Falmouth has no practical objection to the location of Lot 3's driveway so long as it is not used as a tool to adversely impact Falmouth's rights. in short. it seems unfortunate fol Falmouth to be in the M. Bean 19-May-0j Page 2 position of having to compel Lot 3 to move their driveway in order to accommodate an interpretation of the land use code. Falmouth needs written confirmation from the Building and Planning Department that the location of Lot 3's driveway and the dimensions of the previously-approved platted access easement are not viewed as issues from the County's perspective and will not be raised as issues by the County at such time as a building permit for Tract A is submitted. I would be happy to meet with you and discuss this further. Sincerely, BPICfm encl. cc: Falmouth. inc. . gETTLEI'IENT AGREEMENT THrs AGREEMEIIT is entered into this 2L* day o7 7/'1, - ' Lg94, by and between JOHN B. ELDER' ("Elder") and the RANCH AT ROARING FOR.K IIOMEOWNERS ASSOCIATIOI{, INC., a Co}orado non-profit corporation (the trAssociation'r) - RECITALS t. Eld.er is the sole owner of the following real property: Lots 47 63, as d.epict.ed on the plat of the RANCH AT ROARING FORX, IV, Filing }to. Three, recorded February 21 , L979, ds RecePtion Number 29231-4. County of Garfield, State of Property"). Colorado (the 'rElder Z. A portion of the Elder Property has been classified as wetlands unO.er provisions of the L97B Clean Water Act. 3 . Sund.es igns Architect.s and E . R. O . Resources Corporation , environment.al consultants, cond.ucted. a s+uud'y, f or purposes of aevefopinq the Elder Property, anC based on that study, nr9n15ed and submitt,ed. an applicat'ion to= " Le-'ter of Permission, including a Wetland.s Mitigafitn Plan (a copy of which is a'.+-ached hereto as ixnibit A) to tde United. States Army Corps of Engineers, resulting: in the issuance of a Letter of permission on March 10, L992, (a copy of which is atrzached hereto as Exhibit B) ' 4. The aforesaid, study and. application provided for the creation of ten resioential- nuitaing sit'es (proposed lots L - 10) ' 5 . Eld.er, his heirs, successors or assigns , intend_ to d.evelop and. construct single family resiCences upon proposed lots I io, after the r"co.,figuration of the Elder Property by amendment, to the pLat of thg Ranch a+- Roaring For]:. and apprcval thereof by the Board, cf County Commissioners of Garfield County, ColoraCo (the t'BOCCrr) . The approval of . ihe proposed reconfig'oru,tion of the Eld,er Property wiff result in the creatj-on of the aforementioned. Iots 1 - 10, which lots vrill be comprised of existing lots 47 55 and 61 63. 6. On Deceruber 21, 1992, the BOCC issued Resolution Number gZ-LAg I a Special Use Pernit conditionally authorizinq Elder to utilize f il-i an6 ccmpensatory measures vrithin the regulated ilooeptain for purposes of creaCinq buitding sites cn proposed lots l- L0. T.ThepIanned.d'evelopmentofproposed'Iotsl-10wilI reguire the reiocation of a right of wiy easement, .granted.by.the Ranch at Roarinq fork, in favor of HoIy C-ross Electric Association' irr". , recorded. November 28, Lg72, it Book 43B at Page 2L2- as nlception Numher 256L64, and. the overhead powerlines in place thereon. B - The Planned deveJ-oPment of proposed lots I - 10 may of the existinq waste waterrequire the relocation of a portion Iiie and will reguire the extension L 10 and the payment of water Association. of utilities to ProPosed lots and sewer t,aP f ees to the AGREEMENT IN CONSIDERATION of the foregoing and the covenants and ag:reements herein contained. to be kept and' performed- by the parties hlreto, E1der and the Association hereby agiree as follows: 1. Eld,er shall coroply with all requirements of the united States Army Corps of Enginjers Wetlands Mitigation PIan and the Letter of Pe:mission liopies of which are atiacred hereto as Exhibits A and, B) or any =rrb="q'r.lent mod.ificatj.ons theretc subject to the Declarations and By-Laws of the Association and this Agreement. Except as provid,-ed. therein, the implementation of the Wetlands Mitigation plan shall not affect tand out.side the Elder property and. Etaer shall repair any damage to Proper=)r, w.ithin the Ranchr at Roaring Fork, r"=l]}ting from said implementaticn. AIl soil d.isposal =].t"=, willow cutting sites and. eq'uipment storage sites, olher than those located. on the El-der Property, shall be iocatea subject to the Association's approval; provid.ed, however, in" associition wil-1 cooperate wiih the implementation of the WeLlands Mitigation PIan and wilI not unreasonabLy refuse any approvals reguireC b1' this Agreement' und.er the Letter of Per:nisiion. Eld'er inatl retain his ownership right.s to said, lots 55 60, subject only to the Declarations and By-Laws of the Association anC this Agreement. Elder shall provide easement,s across lots 56-60 to the Association, its members and their guests and invitees as reasonably necessary- for fishing and access to the Com.non Recreation Reserve at the Ranch at B'oaring Fork, and, for a lif-, stat,ion an{ sewer and, Power l-ines ' Elder sha}l pay real Properly taxes and assessments levied against lots 56-50. 3. Elder shall retain the right to redesignate saj'd lots 55 - 60 for such purposes consistent w:-ln the C}ean Water Act of L978, the Declarations and. By-Laws of the Association, the Garfield c-unty elanning i"J e"ii&ing Cod.es as now in effect or as hereafter re-enacted or amended and, tiis Agreement. Should' Elder desire to { develop lots 56-60 and. obtain all necessary approvals to proceed' with said. Cevelopment, the Association shall prcvide water and sewer service at a Per lot tap fee to be mutually agreed up?1; provid.eC, however, the Association shall not be required' to provide said water an4 se!/er sesvice if the inrplementatj-on thereof would exceed the then available capacity of the Ranch at Foaring Forkrs water and sewer sYstein. 4. E1d.er shall provid.e f or rel-ocation of the Holy cross Electric Association, Inc., easement (recorded in Book 438 at Page 2L2 as Reception Number 256L64) and the powerline thereon, dt Eld.errs expense, to an aboveground location to be approved by the aiuociat,ion and set forth on the amended PIat', that wiII allow for the planned development of proposed }ots 1 10 ' 5. Eld.er shall, at his sole cost and expense, relocate the existing waste water Line and easement to a location to be approved by the Association and, set forth on the amended Plat of the R'anch .t Roaring Fork in acccrdance with the Declarations of the Association. 6. The Association shal1 be furnished with a copy of the proposed. amended. Plat and., provid.ed. said PIat is in compliance with the Declarations and By-Laws of the Association and this Agreement and, does not materially d.iffer from the proposed PIat nodification (a copy of which is atiached hereto as Exhibit A, Figure F-2)_, tl" a==o.iition shalI not oppose the proposed amendment of the aforementioned. Plat by Eld.gr and sfrall grant any approvals and perform any actions nelessary und,er the Declarations in support of Elder' s proposed PLat amenrlment - 7 . Arry Subd.ivision Improvement Agireement, now in eff ect and percaining t- the E1d.er eroplrty, shall be appropriately modified Ly any subseque,nt Su-bd.ivisitn Ihprovement Agreernent agreed -io. .t' "i,njuict.ion r+i-ttr Eld,er' s applicatj-on f or an amendment of the afoiementioned. plat. The eilociation shaLl be furnished with a copy of any proposeC new Subd.ivision Improvement Agreement and, if the- same il in tonpliance with the Declarations and By-Laws of the Association and ini= Agireement and provides for improvenents consist.ent with those cuirently in existence within the Ranch at Roaring Fork, the Association shall not oppose the new Subdj'vision Iraprovement AEreeiuent. I .. Eld,er sha1l, at his sole expense, PaY f or the exr-ension of utilities to proposed, lots L 10 including water and sewer lines and taPs. 9. ElCer shall pay wat.er and. sewer tap fees of $5,500'00. for each of the proposed,- iots 1-10, to the Association, in-three installnents o't princ:-pal and interest according to the following payment schedule: ! A.Eldershallpaythefirstone-th.ird(L/3) installment of water and ser+er-tJp fees upon the execution of this Agreenent. B.Eld'ershallpaythesecondone-third(L/3) installment of principal and. intLrest for the water and sewer tap fees t-BO d.ays aiter the execution of this Agreement. pay the remaining installment of Lali: water and sewer taP uPon the for each residence constructed but in 3L, L999. C. Elder shail principal anC interest for issuance of a Buj-lding Permit no event later than December Interest shal} accrue at a rate of six percent (5%) Per annum on the unpaid. balance of the water and sewer tap fees. E1der's d.ebt to the Association shall be evidenced by a promissory note containing the terms as set forth herein' Upon palnment in fuII for a tap, Elder shall have full ownership rights in the water and sewer taP' Lo. This Agreement sha11 be governed by, construed and enforced. in accor-oance with the laws of the State of Colorado' l-1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to all' reasonable c5sts and. "*p".,!.=, incf ualng -attorney f ees incurred in connection therewith. LZ. This Agreement shalI constitute the entire Agreement between the partils, and any prior understand'ingi or representation oi - u"V kind. preceCing -uhe date of this Agreement shall not be bindinq upon Litn.= pirty except to the exient incorporated into this Aqireement - l-3. Any nociif ication of this Agreement or adCit'ional obligation issumed. by either party, in connection with this Agre6ment, shatl be bind.ing on a party only if e'vid'enced in writing signea by such party or Such parr'yrs successors in interest' Lt. If any provision of this Agreement is held invalid or unenforceable u,r,O.t applicable law, the Agreement shall be deemed not to incluCe that p.tri=ion and. all othei provisions shall- remain in ful]. force anci effect. l-5. This Agreement shall be binding uPon and inure to the benefit of the respective heirs, administratcrs, executors, fersonal representatives, successors and' assigns of the parties hereto. ) I I ' IN WITNESS WHEREOF, Elder this Aqreement the daY and Year and the Association have executed first- above written. John B. Elder :/Ranch at Roaring Fork Homeowners Association, Inc. O KLAHOMA STATE Or eeK&4, q O KLAHOMA COUNTY OF G#H}EE# SS. The foregoing t L994, by John B. Elder. was acknowledged. before me this 26ih 6ay of STATE OF COICRADo ) ) coulrTY oF GARFIELD ) ss. 300 day of €ar .l.ha!vl glfe Wi tness my hand and of f ic:-al seal. /z tzlrtl Not-ary Public - CaroiYn DorseY hand anC official seal. expiresz 1/16/98 acknowledg berore , Lg94 t by Homeowners Associat oD, Inc. expires ,blto)q 1 5 foregoing: was r. 1. 2. 3. follows: 4. as foilorvs: AMENDMENT TO SETTLENIEI'iT AGREEIVIENT This / I day of I:a.,^...L.r . lgg4, JOF{N B. ELDER ("Elder") and the RANCH AT ROARING FOI{K HOMEOWNEnS assocIATioN,INC. a Colorado non- profit coqporation (the ',Association") for good and valuabie consideration hereby agree to amend the Settlement Agreement, dated May 2-6, 1994,by and benveen Elder and the Association as foliows: Recitals, paragraph 3 shall be and hereby is deleted in its entirety. Recitals, paragraph 4 shall be and hereby is deleted in its entirety. Recitals, paragrapir 5 shall be and hereby is amended in its entirety to read as "5. Elder, his heirs, successors or assigns, intend to develop and construct up to ten singie famiiy residences upon the Elder Properfy, after the reconfiguration of the Elder Properf.v by amendment to a portion of the Plat of the Ranch at Roaring Fork Phase IV, Fiiing No. 3 and approval thereof by the Board of County Commissioners of Garfield County, Colorado (the "BOCC"). The approval of the proposed reconfiguration of the Elder Property wiil resuit in the creation of ten residential building sites (proposed lots 1 - 10) and Tract A which lots and Tract A rvill constitute a repiat of existing lots 47 - 63." Agreement. paragraph I shall be and hereby is amended in its entirefy to read "1. Elder shali comply with all U.S. Anny Corps of Engineers requirements pertaining to the Elder Properly or any subsequent modifications thereto subject to the Declarations and By-Lar'vs of the Association and this Agreement except that, without the prior wrirten consent of the Association, such compliance shaii not affect land outside the Elder Properly." *: ).Agreement, pa-ragraph 2 shall be and hereby is amended in its entirety to read "2. Elder shall retain his orvnersliip rights to Tract A as deiineated on the proposed Elder Amended Plat, dated December 8, 1994 (a copy of which is attached hereto as Exhibit A), subject only to the Declarations and By-Laws of the Association and this Agreement. Elder shall provide an easement across Tract A to the Association, its members and their guests and invitees, as reasonably necessar:v for fisiring and access to the Common Recreation Reserve at the Ranch at Roaring Fork and for a iift station and sewer and power lines. Elder shall pay reai properry taxes and assessments levied against Tract A." Agreement, paragraph 3 shall be and hereby is amended in its entirety to read "3. Elder shall retain the right to redesignate said Tract A for such purposes cousistent w'ith the Clean Water Act of 1978, the Declarations and By-Larvs of the Association, the Garfieid County Planning and Building Codes as nolv in effect or as hereafter re- enacted or amended and this Agreement. Shouid Elder desire to develop the aforesaid Tract A and obtain all necessary approvals to proceed rvith said del'elopment, the Association shall provide water and se\ver service at a per lot tap fee to be mutuaily agreed upon; provided, however, the Association shall not be required to provide said water and sewer service if the implementation thereof wouid exceed the then available capacity of the Ranch at Roaring Fork's water and selver system." Agreement, paragraph 6 shall be and hereby is amended in its entirety to read "6. The Association has been furnished r,vith a copy of the proposed amended Plat, and the Association shail not oppose the proposed amendment of the aforementioned Plat by Elder and shail grant any approvais and perform any actions necessary as follorvs: as follorvs: as follorvs: 6. 7. 2 L under the Deciarations in support of Elder's proposed Plat amendment." Aii other terms of said Settlement Agreement shall remain valid and in effect. IN WITNESS WHEREOF, Elder and the Association irave executed this Amendment the day and year f,rrst above written. John B. Elder Ranch at B-oaring Fork Homeowners Association, Inc. By:&^>P"a-"-nM*r, Fau,/.*,.r STATE OF ) ) ss. )COLNTY OF Eider. 199a by John B.Subscribed and srvorn to before me this day of Witness my hand and official seal. ivly commission expires: SEAL: Notary Public STATE OF C ^lo.,r-*;c ) ) ss. at Roaringtork Homeowners Association, Inc. as V-r. .- V,c-^., Q-'',-'V coLrNTY OF (1^.t. ,0.0 ) Subscribed and srvorn to before me this Witness rny hand and officiai seal. Ivly commission expires:' SEAL: 1994 by the R.anch$aoy ofl EEIIIT!IITIIIIIIIIIIIIIIIII FrESbuHcEo ENGINEEFIING lNc REcElvE*,.,,,.,,oilMr. Fred Jarman Garfield County Building and Planning Department --o 1 6 2006 108 Eighth Street, Suite 401 kt Grenwood sprinss co 81601 -^*5,158?83HN'II RE: Falmouth, lnc. - Floodplain Special Use PermitBUll Dear Fred: At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has reviewed the Falmouth, lnc. Floodplain Special Use Permit Application. The application submittalwas prepared by Schmueser Gordon Meyer (SGM) dated January 12,2006. PROJECT The proposed project is for construction of a driveway and single family house within the 100 year floodplain of the Roaring Fork River. The project is located at 3'15 Surrey Street which is known as Tract A of the Elder Amended Plat, a resubdivision of a portion of the Ranch at Roaring Fork Phase lV, Filing 3. The submittal does not include any details on the location, elevation and site grading for the construction of tmprovements. ANALYSIS The entire Tract A parcel is located within the Flood Fringe Dlstrtct of the Roarlng Fork River. The proposed activities would be allowed uses within the flood fringe as described in Section 6.09.02, provided that the minimum elevation of the lowest finished floor in the house is at or above 6,203 feet (NGVD 1929) and the future construction complies with all other provisions of Section 6.09.02 of the Garfield County Floodplain regulation. RECOMMENDATION The proposed activities would qualify for approval of a Floodplain Special Use Permit We recommend that if a permit is approved for Tract A, the condition of such approval should include the following: 1. The Owner/Developer shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the lowest finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall issue until this condition is met. 2. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject to the Garfield County Floodplain Regulations, the Applicant shall provide the Garfield County Building and Planning Department with an official survey indicating that the lowest finished floor elevation for all structures is constructed at one foot above the floodplain elevation (minimum finished floor = 6203 feet, NGVD 1923). This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. lt is noted that the floodplain elevations are based on the 1929 datum. Consultrng Engineens and Hydnologists 3O9 Colonado Avenue I Glenwood Spnings, CO Al 601 E ISTO) 94=-6777 W BITEXHIq Fax [97O] 94=-1137 Mr. Fred Jarman Page 2 February 14,2006 3. The Applicant shall comply with all conditions stipulated by the U,S. Army Corps of Engineers in their letter dated October 29, 2004 relating to the nationwide permit to discharge dredged or fill material in waters of the United States to construct a driveway to access a single family residence. Please call if you have any questions. Sincerely, RESOURCE Michael J. Water Res ,PE Engineer MJEimmm 885-44 0 E:\Client\885\44. 0$ falmouth 8B5.doc :ii::RESOURCElttltIIIIIE N G N E E F N G ] N C