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Home My WebLink About4.0 Resolution 2007-65I Illl lilt illllul!{ll,!ti,!|fi , Flllllfli'il.tHH ll+{ tlt'l ll I I I Receot ion$ : 73O272 @8ladl20,@7 1@:29:@@ Ala' Jean Albericoi-;i-6-R;; rEilSo.oo ooc Fie,@.a@ GnRFIELD couNrY c0 STATE OF COLORADO County of Garf,reld ) )ss ) At a regular meeting cf the Board cf ccunty Commissioners fof Garfreld county' Colorado' held in the commissioners' Meeting Room, Garireld county courthouse' in Glenwood Springs on' Monday, the 9th day of July A'D' 2007 , there were present: John Matin , Commissioner Chairman vn Dahl Commissioner Commissioner County AttorneY . Clerk of the Board J, Ed bsent)(, CountY Manager when the following proceedings, among others were had and done' to-wit RESOLUTION NO.2007-64 A RESOLUTION CONCERNED WITH TIIE APPROVAL OF A PRELIMINARY PLAN FOR A SIX LOT SUBDTVISION KNOWN AS "CREEK SIDE ESTATES" AND PROPERTYOWNEDBYMARKSILLS,GARFIELDCoUNTY PARCEL N O# 2 I 27 I 9 i003 5 3 WHEREAS,theBoardofcountycommissionersofGarfieldcounty'colorado'receiveda preliminary plan apprication from Mark sills to subdivid e a 15.3r -acre property into 6 residential lots and which property is located in a portion of Section 19' Township 5 South' Range 92 West of the Sixth P.M., Garfield CountY; and WHEREAS,thesubjectpropertyislocatedintheARRDZoneDistrict;and WIIEREAS, on April ll,2oo7 the Garfield county Planning andzorirtg commission forwarded a recornmendation of approval with conditions to the Board of county commissioners for the Preliminary Plan; and WHEREAS,onJulyg,2o0T,theBoardofcountycommissionersopenedapublichearing upon the question of whethlr the Preliminary Plan should be granted' granted with conditions' or denied ar which hearing the public and interested persons *"r" gir.n the opportunity to express their opinions regarding the-issuance of said Preliminary Plan; and WHEREAS,theBoardofCountyCommissionersclosedthepublichearingonJuly9,200T 1 I tlll lT[ I[IHJllll{,Hi,HI',ltlf il#f lttilFf, ltfl lfl 'ri ll ll I Receot i on* : 73O272aetadtzaat 1@:29:00 Altl Jean Alber ico2 of 5 Rec Fee:$@.00 Doc Fee:@.0@ GARFIELD COUNTY C0 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the foilowing determination of facts: 1. That prcper notice was prcvided as required by law for the hearings before the Planning and Zoning Commission and before the Board of County Commissioners. 2. That the public hearings before the PlanningandZoning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Pian for the unincorporated areas of the County. 5. The proposed subdivision of land conforms to the Garfield County Zonrng Resolution of 1978, as amended 6. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and weifare of the citizens of Garfield County' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan request is approved with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning &ZoningCommission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Access and lntemal Roads 2. According to the Colorado Department of Transportation (CDOT), there are site distance issues with the access to the proposed Creek Side Development. The Applicant shall obtain aNotice to Proceed to work within the CDOT right-of-way prior to final plat. 3. Right of way dedication shall be at the time of final platting, using the standard dedication certificate language as set for by Garfield County. 2 Pond f il H[ I[:llllfilllilllIl,!llt'[{IT:IllU h+f ISI lfiiiJfl 'I II II I Receot ionf ', 730272 aetadtzAOZ 1@:29:@@ Al1 Jean nlbenicoi oi S nec Fee:$@.@@ Ooc Feet@.@@ GARFIELD COUNTY C0 4. The pond shall be utilized in accordance with the Ruling of the Referee, Case Number 04CW99; limited to a 1 5,000 gallon capacity; a 12 to 1 8 inch depth and be constructed with grading not to exceed a slope of 4 to 1. The Applicant shall include language to address the maintenance of this pond including weed management and water circulation in the Covenants prior to signing of the Ei--l Dl^+I ltl( a laL. Fire Protection 5. The 35,000 gallon fire protection tank shall be constructed and maintained in accordance with all requirements set forth by the Rifle Fire Protection District. Wetlands 6. The Applicant shall incorporate the recommendations contained in the "Wetland Restoration Plan" prepared by Beach Environmental, LLC contained in the Application. Revegetation and Mosquito Control 7. The Applicant shall provide a security for revegetation in the amount $4250 to cover the estimated 1.7 acres to be disturbed prior to signing of the Final P1at. The obligations of said security shall be incorporated into the Subdivision Improvements Agreement. The security shall be held by Garfreld County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Vegetation Management Plan. 8. The Applicant shail submit a Mosquito Control Plan for Silis Pond No. 1. This plan shall be reviewed and approved by the Garfietd County Vegetation Management prior to approval of the Final Plat. Soils / Geotechnical Issues 9. The Applicant shall incorporate the recommendations contained in the "Preliminary Geotechnical Study" prepared by HP Geotech contained in the Application into the covenants. Drainage i0. The covenants and final plat shall be updated to allow storm drainage conveyance along all property lines. Individual Sewaqe Disposal Svstem 1 1. The Applicant shall incorporate the recommendations contained in the "Creek Side Estates Individual Sewage Disposal System" report prepared by HP Geotech contained in the 3 I|II ff[ Irttrl4llFl]{,Hft , !{fi ,Hll':l{1,:ht :llt1, I +,ii lll, I II II IReception$: 73O272 @el@Al2@@7 1@:29:@@ Al1 Jean flIberico4 of 5 Rec Fee:g@.@@ Doc Feer@.O0 GARFIELD COUNTY C0 Application. 12. The Appticant shall delineate on the final plat and update the covenants to require a SO-foot setback from the top of bank for all lndividual Sewage Disposal Systems (ISDS) for Lots 2-6. T-: -^+: ^-rl.r lH(1Llurr 13. The Covenants shall be updated to limit each dwelling unit to 485 square feet of inigated land each. Easements 14. The Applicant will need to delineate and legally describe all 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. utiiity easements, drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, and all internal roads (which will be dedicated to the public on the face of the final plat) required as apart of this development. Impaql Fees 1 5. The applicants shall make a cash payment in-lieu of school land dedication of $200 per lot at the time of final plat. Covenants 16. Update the Protective Covenants to prohibit Accessory Dweliing Units. 17. Update the Protective Covenants to restrict the number of dogs per dwelling unit to one (1) as is required by Garfield County Regulations. Plat Notes 18. A plat note shall be piaced on the final plat stating: "To mitigate fire hazards, each lot owner shall incorporate and maintain a defensible wiidfire zone as set forth in the "Colorado State Forest Service Publication 6.302" 19. A plat note shall be placed on the final plat stating: "Each dwelling unit is limited to 485 square feet of irrigated land each." 20. Aplat note shall be placed on the flnal plat stating: "No accessory dwelling units are permitted 4 Il I I lT,1 I I IlU.l lll l, !|fi , lUr, Itlf i I{ I'i hil i I H! I +{t lll, ri ] I I IReception$: 73O272 Agl@8120@7 1@:29:@@ Af, Jean Alberico5 of 5 Rec Fee:g@.oo Doc Fee,@.d@ GAnftElo coUNTy co tW/) Dated this b-: dav of LLtar,t.J . A.D. 20 01 U within the Creek Side Estates subdivision." 21. Aplat note shall be placed on the final ptat stating: "All Individual Sewage Disposal Systems for Lots 2-6 shall be setback fifty (50) feet from the top of the bank of Rifle Creek." ATTEST: of the Board Upon motion duly made and seconded the foilowing vote: C C GARFIELD BOARD OF , GARFIELD COLINTY, by the COMMISSIONER CHAIR JOHN F. MARTIN Aye Aye Aye COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT 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 WINESS 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 5 was