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Home My WebLink About4.0 Resolution 98-79uJut[l c0 (q STATE OF COLORADO County of Garfield At a regular meeting ofthe Board of County Commissioners for Garfield Counry, Colorado, held in the Conr-issioners Meeting Room, Gartreld Couqty Courthouse, in Glenwood Springs on Tuesday , the 8th ofjg4ember A.D. 1998, there were present: Merian Smith Commissioner Chairman Larry McCown , Commissioner Tnhn Martin -. Commissioner T)on T)eF'ord -, County Attomey Mildred Alsdorf Clerk oftle Board F'rl Crree;n , County Administrator when tlr.e followingproceedings, among others were had and done, to-wit: A RESOLUTION CONCERNED WTT'H THE APPROVAL OF'A PRELIMINARY PLAN FOR THE ENGLTIND/iVIOORE SUB DTVI S ION WHEREAS, CIIARLES ENGLUND, LUTHER & DIANAMOORE filed an application with the Board of County Qsmmissioners of GarEeld County for approval of a plsliminxry Plan for the ) )ss ) Englund/Ivlo ore Sub divisiog ; WHEREAS, the CrmUa County Planning Commission reviewed the Englund/lVloore plsliminary Plan subdivision application and recommended approval to the Board of County Commissioners; WHEREAS, based orthe material submitted by the applicant, t}e recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: l.That proper publication, public notice and posting was provided as required by law for the hearings before the Plnnning Commission and Board of County Commissioners. That the hearings before the Planning Corrrmission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and t.hat all interested parties were heard at that hearings. *4'i o- r llllll llll I llllll tlll ll..ttllll .ilI llulllll!, llll.F! I LL1?L'dl)aii'ieU'.'di:bfi-i{i-9zlgF"RLsooRF^ - t^^tt,-noaa GARFIELD COUNTYC01';i-i n-o.oo o o.oo GRRFIELD 3. That the Garfield Cognty planning Q6mmissiotr recomme,nded approval of the Preliminary Pian. 4. That the proposed subdivision of land is not in complete compliance with the recommendations set forth in the Coryrehensive Plan for the unincorporated area of the Cognty, but due to clustering and small size was found to be in general compliance with the Conryrehensive Plan. 5; That all data, surveys, analyses, studies, plans and designs as required by the State of Colorado and GarEeld County have been submitted, reviewed, and found to meet all sound pla:rning and engineering requirements of the GarEeld Cormty Subdivision Regulations' 6. Thattheproposed subdivision of land conforms to the Garfield County ZonmgResolution' 7. That for the above-stated and other reasons, the proposed subdivision is in the best interest of tle health, safety, morals, convenience, order, prosperity and weHare of the citizens of Garfield CountY. NOW, TI6REFORE, BE m RESOLVED that the Preliminary Plan of the Clinetop Ranch Subdivision for the following described t nincorporated area of Garfield County be approved with the following conditions: 1. All representations of the applicant, either within the application or stated at ttre public hearing$ before the planning Co*-ission shall be considered conditions of approval unless otherwise stated by the Planning Commission' Z. Withh one (1) year of central sewer being available to the properfy, all lots will enter into greements *itl A" sewage system owrlers and connect to the sewage treatment facility. 3. The applicant $all pay applicable School Site Acquisition Fees for ttre new lots, prior to the approval of the Final Plat. 4. No accessory dwellings, guest houses or caretaker units will be allowed on either property. 5. prior to Final PIat approval a well pump test shall be performed demonstrating the following: A. That a four (a) hour pump test be performed on tle well to be used; B. A well completion report demonstrating the depth of the welt fr" characteristics of the aquifer and the static water level; C. The results of the four (a) hour pury test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; D. A*rm* opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; Illlill lllll lllill llil llllllillltlIll lllul|]lll llll '5i1sii6 oiiiosTisss'6*ssi eroaz PEss 11 ALSDoRF i-ii-q R o.0o D o.oo GARFIELD couNTY c0 8. 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 q.rrttty be teged by a, approved testing laboratory and meet State guidelines conceming bacteria and nitrates A set of covenants will Ue sob-itt"l to tn" Couoty prior to the review of the BOCC, that demonstrates ttre proposed method of mat aglng the,common eleme,lrts of the subdivision, particularly the water supply and road maintenanc e. "At a minimum, the following language will be inctudea in the covgnants and as plat notes on any Final plat: A One (1) <1og wr1l be allowed for each residential unit within a subdivision and the dog shall be required to be s6nfined n/ithin the owners properfy boundaries- The requirement will be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedY in worst cases. B. No openhearth solid-fuel fireplaces will be allowed an) /viere within an exemption- on" (r;r"* solid-fuel burning stove as defied by c.RS. 25-7401, et. seq., and the regulriioo. promulgated theieunder, will be allowed in any dwelling unit' All dwe[ing r:niis will bi allowed an u:uestricted number of natural gas buming stoves and appliances. C. Each subdivision shall have covenants requiring that all exterior lighti"g be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivisioq except that provisions may be made to allow for safety lighti"g that goes beyond ttre property boundaries. D. att r.siae"tia construction will be consistent with the Colorado State Forest Service (CSFS) recommendations for construction of homes cortained in tle CSFS publications "Wildfire Protection in the WildlantVUrban Interface" and "Model i[grt"tioos for Protecting People and Homes in Subdivisions and Developments. E. Garfield County has adopted a "Right to Farm" provision in the Garfield County ZoningResolution in Section 1.08, which states among other ttrings, that 'tesidents and visitors must be prepared to accept the activities, sigfuts, sor:nds and smells of Garfield County's agricultural operations as a normal and necessary aspect of Iiving in a Cognty with a strong rural character and a healthy ranching sector. F. Control of noxious weeds is the responsibility of the property owner. G. Building locations may be subject to geologic and hydrolo gchaz-atds- All structures shall require the submiual of an engineering report addressing soils and geology conditions, foundation design and drainage prepared by a registered_ professional engineer and in accordance with the recommendations contained in the HP Geotechnical, Inc. report and Job No. 198152. A11 individual sewage disposal sy$ems Sall be de*igd by a regisered professional eneineer. All site dwelopment, including building construction, shall be conducted in accordance with enginee/s stipulations." That a copy o f any Final Plat be provided in both graphic form and on a properly formatted computer disk for transfer to the County Assessor's records and GIS. 7. Lllluilll illll lilllllllilil l]lllt ilt llill ]lt lllt531s35 is/os/Lss} 04;5@p s,3,Ei paso-H Ar-ilbhf'4 ol 4 R O.0O O 0.00 GRRFIELD COUNTY CO Dated this 9th day of September . A.D.19 98 ATTEST: Chairman STATE OF COLORADO County of Garfield I _, County Clerk and ex-officio Clerk of the Board of Cotrnty Corrrmissioners 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 llsossding of the Board of County Commissioners for said Garfield County, now in mY office. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - daY of A.D. 19_. County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) of the Board 'rr'jittlt Upon motion duly made and seconded the foregoing Resolution wai adopted by the following vote: COMI4ISSTONER CHAIRMAN MARIAN I. SMITH ,AYE COI,TMTSSIONER LARRY L. MCCOWN -, AYE Aye COI4IVIISSIONER LARRY L. MCCOWN