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Home My WebLink About4.0 Resolution 2007-09,.,H#Jt*{ti }.,8$# : H.'#H T;1,1"' " "i';i-6-R;; Fdi,so.oo ooc ret, GARFIELD couNrY c0 STATE OF COLORADO ) )ss County of GarFreld ) At a regular meeting of the Board of county commissioners for Garfreld county' colorado' held in thE commissioners'Meeting Roonr, carfreta county coufihouse' in Glenwood Springs on' Uot Ouy, the 15h day of January A'D' 2007' there were present: Commissioner Chairman Commissioner Commissioner County AttorneY Clerk of the Board County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO.200 -0 A RE,SOLUTION CONCERNED WITII THE APPROVAL OF A PRELIMINARY PLAI\ FOR A SIX LOT SUBDIVISION KNOW}I AS "CREEK SIDE ESTATES" AI\D PRoPERTYowItEDBYMARI(SILLS,GARFIELDCO[INTY PARCEL NO# 2 I 2 7 I g 3 003 5 3 WHEREAS, the Board of county commissiones of Garfield county, colorado, received a preriminary ptan application from vtart sitts to subdivide a!5.37-acre property into 6 residential lots and which property is located i, a portioo of section 19, Township 5 Souttr' Range 92 West of the Sixth P.M., Garfield Corurty; and WHEREAS, the subject property is located in the ARRD Zone District; and WIIEREAS,onNovember8,2006theGarfieldcountyPlanning-andzo.ntngcommission forwarded a recoflrmendation of approval with conditions to thsBoard of co,nty commissioners for the Preliminary Plag and WHEREAS, on January 15,2007,the Board of county commissioners opened a pubtic hearing upon the question of whether the Preliminary Plan should be granted' granted with conditions, or denied at which hearing the pubric ana intlefed persons were given the opportunity to express their opinions regarding G i.rr^ce of said Preliminary Plan; and WIIEREAS, the Board of County Commissioners closed the public hearing on January, 15, 1 d t. ,trill #rJ llirll|tl l{ll,l{,fl llr,t HEl+illf,r,lfltlrtr,l ll lll 5r',?"t?lir'iTi lJ,ttt3, . trr. Ipq !ean..n,bericoZ-;i-6-F;; Fdiistiloo Doc Fee GARFIELD couNrY c0 2007 to make a final decision; and WHEREAS,theBoardofCountyCommissiongrsonthebasisofsubstantialcompetent evidence produced ot tt " aforementior,rJl*irg, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings U"for" tt " pl*ri"g nd,ningCommission and before the Board of CountY Commissioners' 2. That the public hearings before the Planning and Zoning commission and the Board of County Commissioners were extensive and complete; all pertinent facts' matters andissuesweresubmitt"a;*athatallinterestedpartieswereheardatthose hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the a*rrJfac"unty Su6iuis'ion Regulations of 1984, as amended. 4.Thattheproposedsubdivisionoflandisincompliancewiththerecommendationsset forth in ti. bo*p."h.*ive Plan for the unincorporated areas of the County' 5.TheproposedsubdivisionoflandconformstotheGarfieldcountyT-oiw'g Resolution of 1978, as amended' 6. The proposed use is in the best interest of the health' safety' morals' convenience' ord"r, piosperity and welfare of the citizens of Garfield county. Now,TI$REFoRE,BEITRESOLVEDbytheBoardofCountyCommissionersofGarfield county, colorado, that based on determination of facts set forth above' the Preliminary Plan ,"qr.tt is approved with the following conditions: r. That an representations made by the Appricant in the apprication lld as testimony in the public hearings before the Plannin g&Zri;Commission andBoard of County Commissioners shall be conditio* ;i;;;r;"rl, il;;";;fically attered by the Board of countv commissioners' Access and Internal Roads 2. According to the Colorado Department of Transportation (CDOT)' there 1e site distance issues withthe Erccess to the proposed creek Side Development. The Applicant shall obtainaNoticeto Proceed to work within trr. coor right-of-way prior to final plat' 3. Right of way dedication shall be at the time of final platting, using the s*'andard dedication certificate language as set for by Garfield County' 2 , illl ilt lll rltltlill,lhil l[,{ |ilfl+t'Hrr,H [zEqtdff?:.ffi38"8 r::r*::.d"Ea,fiir Fire Protection 4. The Applicant shall update the application including covenants, plats and profile to reflect an 8- foot depth, 40' by 40" sr.yface *"L : t t slope and overall 50,000 gallon capacity fire protection pond. In additioru the Applicant shall provide safety mitigation inctuding fencing, laddering, a 2' high boulder ring, and ramPing. 5. The Applicant shall verifu that adequate legal water supply is available 9th9 proposed 50'000 gallon fue protection pond prior to n"4 rfu. Iaaequate legal water supply is not available for the 50,000 gallon fire protection pond, the Applicanishall obtain legal water rights prior to final plat. Wetlands 6. The Applicant shall incorporate the recommendations contained in the *Wetland Restoration plan,iiep*"d by Beach invironmental,LLC contained in the Application' 7. The Applicant shall obtain all necessary wetland permits from the Anny corps of Engineers for the access road and any other disturbance areas prior to final plat' [,Hi{ Iiltt ber i. co Revegetation 8. The Applicant shall provide a security for revegetation in the amount to be determined by the county vegetation Manager (based on disturbed acteage) for all *t"t.to be disturbed in connection with the nnat-ptai and the obligations of said security which security shall be t"6;;,"d i*,rr. Subdivision Improverients Agreement. The security shall be held by Garfield County until vegetatioo n* been successfirlly reestablished according to the Reclamation standards in the Garfield county vegetation Management Plan' g. The Applicant shall provide a Soil Management Plan that includes 1) provisions for salvaging on-site topsoil, 2) aiimetabLe for elimina:ting topsoil andlor aggregate piles, and 3) a plan that provides for soil !orr., if any disturbancer oitt*t piles will sit exposed for a period of 90 days or more. The Applic*t ,huil prepare this plan to be submitted with the final plat documents so that the County can review prior to frnd pla approval' Soils / Geotechnical Issues 10. The Applicant shall incorporate the recommendations contained in the "Preliminary Geotecbnicat Study''prup*"i by HP Geotech contained in the Application into the covenants' 3 lll Ht illtrltH ll{[ lllr,l}rr.l/f[rl{tffi,llff lrll'l ll lll [;la",,"':dfitr.ffi 3E"BIE:?HP?E.J"BB,fr i?'ba== Drainage 1 1. The covenants and final plat shall be updated to allow storm drainage conveyance along all property lines. Individual Sewage Disposal System 12. The Applicant shall incorporate the recommendations contained in the "Creek Side Estates Individual Sewage Disposal System" report prepared by HP Geotech contained in the Application. 13. The Applicant shall delineate on the frnal plat and update the covenants to require a 5O-foot setback from the top of bank for all Individual Sewage Disposal Systems (ISDS) for Lots 2-6. Irriqation 14. The Covenants shall be updated to limit each dwelling unit to 485 square feet of irrigated land each. Easements 15. The Applicant will need to delineate and legatly describe a1l easements on the final plat and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, and all intemal roads (which will be dedicated to the public on the face of the final plat) required as apart of this development. Ilnpact Fees 16. The applicants shall make a cash payment in-lieu of school land dedication of $200 per lot at the time of final plat. Covenants lT.update the Protective Covenants to prohibit Accessory Dwelling units. 18. Update the Protective Covenants to restrict the number of dogs per dwelling unit to one (1) as is required by Garfield County Regulations. 4 , lllt/t lllrltnlillr,!ft lH ' 'qHtf,lflr,Hlf il',I tllllReception#: 716954 @21@Al2A@7 @4:38:25 PM 8r189! :0391 Jean Alberico5 of 5 Rec Fee:90.@0 Doc Fee: GnRFiELD courrtiV co Plat Notes 19. A plat note shall be placed on the final plat stating: "To mitigate ftrelnznds, each lot owner shall incorporate and maintain a defensible wildfue zone as set forttr in the "Colorado State Forest Service Publication 6.302" 20. Aplat note shall be placed on the final plat stating: "Fach dwelling unit is limited to 485 square feet of irrigated land each-" 21. Aplat note shall be placed on the final plat stating: 'No accessory dwelling units are permitted within the Creek Side Estates subdivision." 22- Aplatnote shall be placed on the final plat stating: "All Individual Sewage Disposal Systerns for Lots 2-5 shall be setback fifty (50) feet from the top of the bank of Rifle Creek." day of fr,|raan , A.D. 20 o7 GARFIELD BOARD OF GARFIELD COLINTY, Upon motion duly made and seconded the following vote: was adopted by the Aye Aye Aye (Ir}IVfI\/fTSSIONtrP T APP\/T IVf'(-\tn\I Cr)IVfI\/IIS S"''11'RR TP f ST HrlI IPT STATE OF COLORADO County of Garfield I, , County Clerk and ex-officio Clerk of the Board of County Commissio"oE i" *d f* tlr" County and Staie aforesaid, do hereby certifr that the annexed and foregcing P.esolution is truly copied from the Reccrds of the Proceeding ofthe Board of County Commissioners for said Garfield County, now in my office. ) )ss ) 5 I llllt/t ltllrlllli lill lFd.ll,LHqiH'iU,flJrff[t'l ll llIReception#:715954 @?l@8129@7 @4:38:25. PM B:1893 pr@- Jean Flberico6 of 6 Rec Fee:$0.@@ Doc Fee: GARFIELD COUttiV-CO-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of A.D.20- County Clerk and ex-officio Clerk of the Board of County Commissioners 6