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Home My WebLink About5.0 Resolution 2002-891 111111 11111 11111 111111 11111 111 1111111 111 11111 1111 1111 612165 10/08/2002 02:27P B1393 P996 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 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 9th day of September, 2002, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2002 - 89 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE CLARK SUBDIVISION WHEREAS, John and Susanne Clark filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Clark Subdivision; and WHEREAS, the Garfield County Planning Commission reviewed the Clark 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. v IIll 11l11111I111111111111 III 111111111111111 IIII 1111 612165 10/08/2002 02:27P B1393 P997 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of for the Clark Subdivision, located in the unincorporated area of Garfield County described in the application, be approved with the following conditions: 1. That all representations made by the applicant in the application, and at the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners.. 2. The applicant shall inventory and map any noxious weeds as listed on the County Noxious Weed list and submit a weed management plan approved by the Garfield County Vegetation Director. The weed management plan shall be included within the subdivision covenants. 3. The appropriate Traffic Study area fees in the amount of $384.00 per determined ADT minus the appropriate discounts will be paid at the time of Final Plat. School fees and Carbondale Rural Fire District impact fees, as to be determined, will also be paid at the time of Final Plat. 4. The applicant shall provide a water quality test for nitrates/nitrites, bacteria, and suspended solids for all wells to be located on the property by the time of Final Plat. Additionally the applicant shall obtain valid well permits per the decreed plans for augmentation., prior to Final Plat approval and provide the following information: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. 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; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 5. The ISDS management plan done by Gamba and Associates dated February 18, 2002 shall be included within the Subdivision Covenants. 6. Section 3.6 of the Subdivision Covenants shall be amended to state that the maximum height of buildings within the subdivision will be 25 feet instead of 27 feet pursuant to Section 3.02.07 of the Garfield County Zoning Regulations by the time of Final Plat. 7. The applicant shall obtain driveway permits for all newly created lots from the Garfield County Road and Bridge Department by the time of Final Plat. 1111111111 111111 111111 11111 111 11111111111 111111 111111 11111 111 1111111 III 1111 612165 10/08/2002 02:27P B1393 P998 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 8. The following recommendations made by CTL Thompson in their report dated January 21, 2002 shall be complied with: • (5- - a) The irrigation ditches that will remain in use near the proposed homesites )141 shall be lined to prevent seepage to foundation areas, subject to approval the appropriate ditch company. c) Where moderately expansive material is present at proposed footing elevations, mitigation in the form of specially designed footings or over excavation of the expansive soil shall be instigated. d) Utility trenches shall be sloped or shored to meet local, State, and Federal regulations. c)e) A site-specific geotechnical study and design shall be completed for construction on each lot. 9. The applicant shall provide irrigation water to all lots within the subdivision pursuant to Section 9:51 of the Subdivision Regulations. The applicant shall provide an irrigation plan for Staff approval by the time of Final Plat. 10. The following reports shall bear the seal of a certified engineer: a) The Resource Engineering water report submitted by Paul Bussone dated b) November 28, 2000 c) Letter dated May 1, 2002 from Paul Bussone regarding the 4 hour pump test on Lot 1 of the Clark Subdivision. 11. The following Plat notes shall be included on the Final Plat: a. "No further subdivision of these lots shall be allowed." b. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, 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 a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." c. "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 of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." d. "All structures shall have engineered foundations per CTL Thompson report dated January 21, 2002 recommendations." e. "Each residential unit, including accessory dwelling units, will be required to have an automatic fire sprinkler system installed in accordance with NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two -Family Dwellings and Manufactured Homes." f. "All exterior lighting will be the minimum amount necessary and all exterior lighting will be 1111111 11111 1111111111111111111111111111111111 IIL lIII 612165 10/08/2002 02:27P B1393 P999 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." g. "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." h. "All structures shall be within the defined building envelope provided on the Plat." Dated this 7th day of October , A.D. 2002. ATTEST: Cl' m oftl}e Boai=' GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Ch Upon motion duly made and seconded the foregoing Res John Martin Larry McCown Walt Stowe lution was ad ted by the'following vote: , Aye , Aye , Aye 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2002. County Clerk and ex -officio Clerk of the Board of County Commissioners