HomeMy WebLinkAbout4.0 Resolution 2001-76STATE OF COLORADO
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County of Garfield
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At a special meeting of the Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 29th
day of October, 2001, there were present:
John Martin , Commissioner Chairman
Larry McCown Commissioner
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2001 -76
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE T.O.
RANCH SUBDIVISION
WHEREAS, the Mary Anne Hyde Revocable Trust filed an application with the Board of County
Commissioners of Garfield County for approval of Preliminary Plan for the T.O. Ranch Subdivision; and
WHEREAS, the Garfield County Planning Commission reviewed the T.O. Ranch Subdivision
Preliminary Plan application and recommended approval to the Board of County Commissioners; and
WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning
Commission and the comments of the Garfield County Planning Department, this Board finds as follows:
1. That proper publication, public notice and posting was provided as required by law for the
hearings before the Planning Commission and Board of County Commissioners.
2. That the hearings before the Planning Commission and Board of County Commissioners were
extensive and complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearings.
3. That the proposed subdivision of land is in compliance with the recommendations set forth in
the Comprehensive Plan for the unincorporated area of the County.
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4. That all data, surveys, analysis, studies, plans and designs as required by the State of
Colorado and Garfield County have been submitted, reviewed, and found to meet all sound
planning and engineering requirements of the Garfield County Subdivision Regulations.
5. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution.
6. That for the above - stated and other reasons, the proposed subdivision is in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of for the T.O. Ranch
Subdivision, located in the unincorporated area of Garfield County described in the application, be approved
with the following conditions:
1. All representations of the applicant made in the application and at the hearings before the Planning
Commission and Board of County Commissioners shall be considered conditions of approval,
unless approved otherwise by the Board.
2. As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approval shall be valid for a
period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an
extension of not more than one (1) year is granted by the Board prior to the expiration of the period
of approval.
3. Prior to Final Plat approval, the applicant will submit a plan and include in the covenants provisions
for adequate water storage on the lot, to insure that the sprinklers will remain charged and be capable
of putting out any fire that may start in a house.
4. Prior to Final Plat approval, the other two wells need to have the following documentation:
a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute
and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be adequate to
supply water to the number of proposed lots;
e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons
of water per person, per day;
f. The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids.
5. The following language be removed from the covenants:
a. Where an attached dwelling is defined as being the equivalent to a detached accessory
dwelling.
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b. The restriction of "outbuildings" to a maximum of 1200 sq. fl.. less than 15 f3. in height at the
ridge line, with no residential use.
6. A driveway permit will need to be obtained from Road and Bridge as per the comments received from
Road and Bridge Department. Additionally, the road will have to be dedicated to the public, but
maintained as proposed in the covenants.
7. Approve an exception to the regulations in 9:33 (A.), which limits a cul -de -sac not to exceed 600 ft. in
length.
8. The covenants include the requirement that the individual hired to maintain the IST systems, be a
Class C Wastewater Treatment Operator, licensed by the State of Colorado. Additionally, the
covenants should restrict the systems to the same manufacturer to make sure that the operator does
not have to deal with different maintenance issues attributable to each system.
9. School fees, based upon an appraisal of the property prior to development approval and within the
last two years, will have to be paid as a condition of any Final Plat.
10. A single family dwelling will pay $3674.88/ dwelling unit in road impact fees. Each lot with an ADU
will pay an impact fee of $2545.92IADU. So a lot with a single family dwelling and an ADU will
have to pay a road impact fee of $6220.88/lot. Fifty percent (50 %) of the road impact fees are due
at the time of Final plat approval, with the remaining 50% being collected at the time of building
permit issuance.
11. The Final Plat will include the following plat notes:
"No open hearth solid -fuel fireplaces will be allowed anywhere within a subdivision. One (1) new
solid fuel burning stove as defined by C.R.S. 25 -7 -401, et seq., and the regulations promulgated
thereunder, will be allowed in any unit. All units will be allowed an unrestricted number ofnatural gas
burning stoves and appliances."
"One (1) dog shall be allowed for each residential unit within a subdivision; and the dog shall be
required to be confined within the owner's property boundaries."
"The subdivision shall have covenants requiring but not limited to all exterior lighting be the minimum
amount necessary and that all exterior lighting be directed inward, towards the interior of the
subdivision."
"Control of noxious weeds is the lot owner's responsibility."
"Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning Resolution,
Section 1.08, which states among other things that, "residents and visitors must be prepared to accept
the activities, sights, sounds, and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with strong rural character and a healthy ranching sector."
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"Homes in excess of 3,600 square feet shall be equipped with automatic fire sprinkler systems."
"All owners of land, whether ranch or residence, have obligations under State law and County
regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds,
keeping livestock and pets under control, using property in accordance with zoning, and other aspects
of using and maintaining property. Residents and landowners are encouraged to learn about these
rights and responsibilities and act as good neighbors and citizens ofthe County. A good introductory
source of information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County."
"All dwellings must be designed to allow for the ventilation of radon gas."
13. Requirements in Section 5.03.21 Accessory Dwelling Unit, ofthe Garfield County Zoning Resolution,
must be met for any accessory dwelling.
14. As per Section 4:34 of the Subdivision Regulations, all lots must be final platted within five (5) years.
15. All existing /proposed easements, and any other necessary easements will need to be shown on the
submitted Preliminary Plan. All of the easements shown for the overhead utility line in the northwest
portion of the subject property and the ditch shown on proposed lot 1, need to be included on any
final plat.
16. Prior to Final Plat approval the applicant will pay the appropriate impact fees to the Carbondale Rural
and Fire Protection district.
17. Include within the covenants a requirement that all dwellings be designed for the ventilation ofradon
gas.
Dated this 2901 day of
ATTEST:
October
, A.D. 2001.
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
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Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
John Martin
Larry McCown
Walt Stowe
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
1, , County Clerk and ex- officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 2001.
County Clerk and ex- officio Clerk of the Board of County Commissioners