The URL can be used to link to this page

Home My WebLink About9.0 Resolution 98-13STATE OF COLORADO )ss County of Garfield 1111111 n 111111 i i m m 111 11111 1111 1111 521513 03/10/1998 02:01P B1056 P971 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO At a regular 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 9th of March A.D. 19 98 , there were present: Marian Smith Larry McCown John Martin Don DeFord Mildred Alsdorf Charles Deschanes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 8 -1 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE FOUR MILE RANCH SUBDIVISION WHEREAS, Four Mile Ranch Development Company, Inc., M -R Colorado Investors and One and a Quarter Mile Ranch have filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan and Four Mile Ranch Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Four Mile Ranch Preliminary Plan subdivision application and recommended approval to the Board of County Commissioners; 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. 111111 11111 111111 111111 III 111111111111 I 521513 03/10/1998 02:01P B1056 P972 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 4. 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. 5. That all data, surveys, analyses, 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. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. That for the above - stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, pro - sperity -and- welfare- ofdre- citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Four Mile Ranch Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. All representations of the applicant, either within the application or stated at the public hearings before the Planning Commission shall be considered conditions of approval unless otherwise stated by the Planning Commission. 2. The common open space easement shall be transferred from the developer to the Homeowner's Association at the time of filing a final plat. The proposed public trail will be owned and maintained by the homeowners association until such time that a public entity willing and capable of taking ownership is established. 3. That the road name change suggested by the Glenwood Springs Emergency Services Department be incorporated in any final plat submittal. 4 At the time of each Final Plat approval the applicant's engineer submit plans for the upgrading of CR 117 to the intersection with Midland Avenue. The plans will be approved by the Board prior to recording of the plat and built to those specifications, which will also include the provisions of condition No. 13 of this resolution. The applicant shall be responsible for the construction of the road improvements consistent with the approved design and to guarantee construction of the improvements at final plat An impact fee shall be calculated at $2030 /dwelling unit, pursuant the road impact fee formula adopted by the County. If the calculated fee is more than the actual cost of construction approved by the Board, the applicant shall pay the difference to the County. If the calculated fee is less than the actual cost of construction approved by the Board, the applicant shall owe the County nothing. 111111 11111 111111 111111 III 111111111111111 11111 1111 1111 521513 03/10/1998 02:01P B1056 P973 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 5. That the lots contiguous to the Bershenyi ranch have building envelopes at least 200 ft from the common property line and that a cattle fence with woven wire along the bottom of the fence, be built along the entire section of the project, not to exceed eight (8) feet in height.. 6. Include the following plat notes on any final plat: (A) Prior to the issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such engineering recommendations, which shall be a condition of Four Mile Ranch Architectural Control Committee approval and the building permit. (B) The agricultural uses of properties south of this subdivision shall be deemed compatible with the rural residential character of the subdivision. Such. agricultural uses may produce odors, noise , dust and other effects of agricultural practices that are offensive to residential use proposed by this subdivision. The established agricultural uses adjacent to the subdivision are pre - existing and are deemed to have priority over any subsequent residential use within the subdivision. (C) No open hearth solid -fuel burning fireplaces will be allowed anywhere within this subdivision. All dwelling units will be allowed unrestricted number of natural gas - burning fireplaces or appliances. (D) All dwelling units will be allowed no more than one new wood - burning stove as defined by C.R.S. 25 -7 -401, et.seq. and the regulations promulgated thereunder. (E) Only one dog is allowed for each dwelling unit. (F) All exterior lighting shall be oriented downward and inward, to prevent glare on adjoining property. 7. In connection with the Final plat, the applicant shall set forth the proposed method for transferring legal ownership and control of the water distribution facilities, water and water rights, sufficient in quantity to service the Four Mile Ranch Homeowners Association. 8. At the time of Final plat, the applicant shall be required to pay the applicable school site acquisition fee that has been agreed to by the Board of County Commissioners 9. All property owners will be given a copy of the County Subdivision "Right to Farm" policy included in the County Subdivision regulations. 11111111111111110111101111111111111111111111111111111 521513 03/10/1998 02:01P 81058 P974 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 10. The applicant shall protect the ditches on the adjoining property from damage and provide a mechanism to guarantee that the subdivision will participate in the maintenance of the ditch. 11. The language in the covenants that states "where ever practical" in relation to wildfire protection, will be removed. 12. All construction activity will have dust mitigation as a part of the construction plans and activities. 13. The Final Plat plans shall include a left hand turning lane for the southbound lane at the entrance to the subdivision and the improvements to County Road 117 shall include grade reduction as a part of the design. 14. This Preliminary Plan approval shall be valid for twelve (12) months, unless a twelve (12) month extension is approved by the Board, in accordance with the provisions of Section 4:34 of the Garfield County Subdivision Regulations, as amended. Dated this 9th day of raa rch , A.D. 1998 . ATTEST: GARFIELD COUNTY BOARD 01 COMMISSIONERS, GARFIELD COUNTY, COLORADO C1- of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chairman Marian I. Smith Commissioner Larry L. McCown ,Aye ,Aye Commissioner John F. Martin ,Nay STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex- officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IIIII 11111 111111 11111 1 I1II 1 11111 11111111 521513 03/10/1998 02:01P B1056 P975 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set n haul and affixed the seal of said County, at. Glenwood Springs, this day of A _). 1 y County Clerk and ex- officio Clerk of the Board at ( y C ominissioners