HomeMy WebLinkAbout5.0 Resolution 2002-106illllffiril llffi llllll lllll lffi lllll ffi lllltlu LlflaicCir tutotmoz 02r35P Bt4ls P!33 ll f.sDoRF
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STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield Courtty,
Colorado, heldin the Commissioners'Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 16th day of September, 2002, there were present:
John Martin , Commissioner Chairman
Larrv McCown , Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorfl , Clerk of the Board
Ed Green 4 County Manager
when the following proceodings, among others were had Bnd donq to-wit:
RESOLUTIONNO. 2002-106
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATTON FOR MONUMENT RIDGE SUBDIVISION SUBMITTED BY
FOOTHILLS LAND AND DEVELOPMENT COMPANY INCORPORATED
WHEREAS, the Board of County Commissioners of Garfield Courrty, Colorado,
reoeived a Preliminary Plan application from Foothills Land and Development Company
Incorporated to develop the Monument Ridge Subdivision by subdividing the 181 acre
site into 17 residential lots; and
WHEREAS, on September 11, 2002, the Garfield County Planning Commission
forwarded a recommeirded of approval with conditions to the Board of County
Commissioners for the Preliminary PIan request by a 6 to 0 vote; and
WHEREAS, the Board held a publ,ic hearing on the 16ft day of Septenrber 2002
upon the question of whether the above-described Preliminary Plan should be granted or
dlnied, at which hearing the publio and interested persons were given the opportunity to
express their opinions regarding the Preliminary Plan; and
WHEREAS, the Board closed the public hearing on the 166 day of Septeinber
2002to make a final decision; and
WHEREAS, the Board on the basis of substantial competent evidence produced at
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the aforernentioned hearing, has made the following detemrination of facts:
1. Proper public notice was provided as required by law for the hearing before the Board
of County Commissioners.
Z. The hearing before the Board of County Commissionsrs was extensive and complete;
all pertinenl facts, matters and issues were submitted; and all interested parties were
heard at that hearing.
3. The application is in compliance with the standards set forth in Section 4:00 of the
Carnetd Cowrty Subdivision Regulations of 1984, as amended'
4. The proposed pretiminary plan is in the best interest of the health, safety, morals,
coouiniince, oid*, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of county
Commissioners of Garfield County, Colorado, that based on the determination of facts set
forth above, the preliminary Plan request is approved to allow for the development of the
Monumelt Ridge Subdivision by subdividing the 181 acre site into 17 residential lots
with the following conditions:
l. That all represerrtations made by the Applicant in the application and at the public
hearing beibre the Planning Commission and Board of County Commissioners shall
be conditions of upprorul, unless specifically altered by the Board of County
Commissioners.
Z. The Applicant shall amend the protective covenants to include language that requires
the ownff / developer of each inaiviau* lot to perform additional percolation testing,
wherr actual percolation field tocations are known, to determine the rnost appropriate
location for iSpS for each lot. This information shall be provided to the Planning
Deparhnent at the time of Final Plat.
3. The Applicant shall require individual lot owner / developer to be responsible-for the
installition of the ISDS' designed by a registered professional engineer in the State of
Colorado. Maintenance of each sysiern shall be the responsibility of the individual lot
owner and as outlined in the protictive covenants of the subdivision. In addition, each
ISDS must be accompanieh Uy a detailed maintenance plan contained .
in the
covenants. This information shall be provided to the Planning Department at the time
of Final Plat as well as be included as a plat note on the final plat.
4, Due to the expansive and compressible soils, the owner / developer of eaoh lot shall
conduct additional design level geotechnical studies once building locations are
finalized, to characteriz--e soil and engineering properties beneath each planned
structure. This information is needed to develop site-specific design recommeadations
and construction criteria. Soil conditions at planned foundation depths will dictate
whether footings with a minimum load will be needed to counteract expansive clays.
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5.
As a result, the developer shall make the CTL /Thompson Report (in the binder
known as Exhibit G submitted to the Board of County Commissioners) an attachment
to the protr.tir. coveuants as a reference for potential lot owner / developer' This
information shall also be incorporated into the protective covenants and provided to
the Planning Department as part of Final Plat-
The Applicant shall provide Staff with a site plan that delineates any wetlands and
waters of the U.S. wiihin the property identified as'ho-build zones" so that it rernains
clear there shall be no infringemint in those sensitive areas. This shall be submitted to
the Ptanning Deparfinent at the time of Final Plat'
The Appticant shall comply with the following requirements as stated by the Garfield
County Road and Bridge DePartment
a) The Applicant shall relocate all fences md lot struchres currently existing within
the 60 foot right-of-way (30 feet from the center line of CR 300 and 303) which
abuts the Monument Ridge Subdivision. This requiremertt shall be included in the
Subdivision Improvement Agreement.
b) Garfield County shall participate in lowering a speoific portion (kng* as the
high spot) of in gOO by paly providing the culvert that will carry ditch wata
n"iosr- CR 300. The culvert will stretch beyond the fence lines onto the
developer's property on either side of CR 300. All other costs of the road work
shalt be the responsibility of the Applicant.
c) The Applicant shall provide a shared access road from CR 300 to Lots 11-13'
This u"i.rr shall bi designed to accommodate ADT generated from three
residenccs, as a public road, pursuant to the design specifications in the Garfield
County Subdivision regul ations, Section 9 : 3 5.
d) The site plan shows a number of proposed shared access driveways. All proposed'
driveways that serve more than one lot shall be designed according to the Garfield
Corxrty
-Subd.ivision
Regulations for roads in Section 9:35. This section requires
that those shared a"""r. drir"ways be designed at widths of not less than 30 feet
and maintained by the Homeowners Association. The Applicant shall refer to
Section 9:35 for the specific design standards required by the county.
e) The Applicant shall present a final grading and drainage plan which includes all' of the proposed culverts and the calculations that determine their sizing to the
planning DeparUnent as part of the Final Plat submission. This plan shall include
any exiiting or proposed ditrt "t on ths property. This plan shall be provided to
the Planning Staffas part of the Final Plat review.
The Applicant shall provide a security for site re-vegetation due to soil disturbance to
be held'by Garfield
-County for the new Monument Ridge Road. The amount of the
security and a timeline for its release shall be determined by the Garfield County
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9.
Weed Management Director after the Applicant provides the information requested in
the Mernor*d.r- from the Weed Management Director provided to the Board of
County Cornnrissioners as Exhibit J. The secruity shall be held by Garfield County
until ie-vegetation has been successfu[y reestablished as determined by the Weed
Management Director. Once detemined by the Director that successful reclamation
has olcurred, the security shalt be released. Evidence that this seourity has been
submitted shall be submitted to the Planning Department at the time of Final Plat. The
arnount of the security and the timeline for the revegetation inspection and release of
the security shall be fully described in the Subdivision Improvements Agreement
(srA)
Pursuant to the revised Revegetation Guidelines from the Garfield County Weed
Managernent Plap, the Applicant shall provide a Soil Management Plan, related to
outside-the-building-enveiopo activities, such as new road constructiort, that includes
l) provisions for salvaging on-site topsoil, 2) a timetable for eliminating topsoil
and/or aggregate piles, 3) arrd a plan that provides for soil cover ifany disturbances or
stockpifis- *iU ri1 exposed for a period of 90 days or more. The Applicant shall
provide this plan, approved by the Garfield County Weed Management Department,
with the Final Plat submittal documents at the time of Final Plat.
The Applicant shall include the following plat notes on the Final Plat that require
each lot owrer / developer to provide the following:
a- Sprinkler systems that comply with the NFPA Standard l3D shall be installed
for all residential units throughout the zubdivision as committed by the
Applicant to the Board of County Commissioners; and
b. .ljOOO gallon tank for fire protection and domestic water supply for homes
under 3500 square feet. Residences larger than 3500 square feet will need.lo
have both the calculated size storage tank and sprinkler system to provide
initial knockdown capabilities. The developers of all these lots (1-17) shall
adhere to the NFPA 299 standard for Protection of Life and Property from
Witdfire.
10. The Applicant shall include the recommendations stated by the Grand Valley Fire
Protection District as stated in fuIl in their letter dated September 11, 2001 (submitted
to the Board of County Commissioners as Exhibit Y during the Preliminary Plan
approval process) in the protective covenants for the subdivision to be reviewed by
tfti Cum"ta County Building and Planning Deparfinent at the time of Final Plat.
I 1. The proposed subdivision is located in the Gattreld County Traffic Study Area 1. This
area reqiui.es an impact fee payment to Garfield Cotrnty of $280.45 per Average Daily
frip (nbD g*"rri"d bV the subdivision. Once calculated, the Applicant shall make a
paymtnt to 6arfield County of half of the total amount at the time of Final Plat and
the second half shall be paid at the time of building permit. The Applicant shall
calculate the appropriate amount, as may be adjuste'd by Garfield County regulations
and policies in effect at the time of Final Plat.
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t2,T\eApplicant shall pay the School Land Dedication Impact Fee-{_lhe time of Final
plat. An estimated fee based on current fee regulations requiring $200 per each newly
created parcel (Section 9:80 of the Subdivision Regulations) would be equal to
$3,400. ihe Applicant shall be required !o pay the appropriate assessments and / or
impact fees based on the regulations in effect at the time of Final Plat review.
13. The Applicant shall present a plan representing the locations of well maintenance
.rr"rourrtr designated for each lot which contain wells and any extemal connections
to them. This shall be shown on the Final Plat. In addition, the Applicant shall present
appropriate language in the protective covenants and the SIA describing the existenco
of^ thur", theii use by the Homeowner's Assooiation, and responsibility for
maintenance costs. This information shall be provided to the Planning Department at
the time of Final Plat.
14. The Applicant states that the Homeownsr's Association will own the water rights and
*a1,ugu water distribution, The Applicant shall craft language defining a specific
structure for the managernent of the ditch irrigation water to serve Lots l-8 proposed
to be diverted from the R F Ditch and the Musconetcong Ditch. This language shall
outline the duties and responsibilities of the Homeowner's Association arrd the
goveming ditch oompanies ior adequato access to atrd maintenance of the ditch' This
i-urrgr"g";hall be plated in the protective covenants of the subdivision and submitted
as part of the documents subjeot to review at the timo of Final Plat.
15. The Applicant shall lengthen the proposed culvert and locate the oulvert further away
from the intersecfion of County Road 300 and Monument Ridge Road. [n addition,
the Applicant shall construct a ditch on the downstream side of the culvert to convey
flows-to the existing natural drainage. This relocated culvert and ditch shall be shown
on the final ptat dra=wings submitted to the Planning Department at the time of Final
Plat.
16. The Applicant shall provide proof of legal and adequate source of domestic water for
each iot created. Specifically, the Applicant shall provide documentation
demonstrating the following actions at the time of Final Plat:
a) That ifour (4) hour pump test be performed on the well to be used;
Ul n well .ompt.tio" report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
i *.itt* opinion of the p€rcon conducting the well test that this well should
be adequate to supply water to the number of proposed lots;
An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
If thi weflls to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the
systerr and who will be responsible for paying these costs and how
assessments will be made for these costs;
c)
d)
e)
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g) The water quality shall be tested by an irrdependent testing laboratory and
meet State guidelines concerning baoteria and nihates.
17. Beoause the Applicant has located the Monument Ridge Road cul-de-sac in the
middle of a debris flow area, the Applicant shall provide appropriate mitigation
measures designed to avoid potential debris flow onto the cul-de-sac. Specifically, the
Applicant shall submit a revised grading and drainage plan incorporating appropriate
mitigation measures to the Building and Planning Department as part of Final Plat.
18. The Applicant shall constn"rct all wells and all improvements associated with them
(including but not limited to meter vaults, extension of water lines, and curb stops)
serving Lots 3, 4, and 5, and Lots 8, 9, and 10 as part of Phase I. The Applicant shall
complete all proposed improvements to CR 300 as disoussed above as part of Phase I.
These conditions shall be incorporated in the Subdivision Improvernents Agreement.
In addition, all irrigation water (to serve Lots 1-8) shall be piped to the respective lots
coming from a single head gate with measuring devices that shall allocate water to
oach lot. This design shall be shown on the Final Plat documents and included in the
Subdivision Improvernents Agreernent (SIA).
19. In addition to other required conditions of approval, the Applicant shall include the
following plat notes on the Final Plat;
"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 shong rural
character and a healthy ranching sector. All must be prepared to encounter
noises, odor, lights, mud, dus! smoke chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application
by spraying or otherwise of chsmical fertilizers, soil amendtnents, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a
legal and non-negligent agricultural operations."
"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 conEol,
using property in accordance with zoning, and other aspects of using and
maintaining property. Residents and landowners are encouraged to leam
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 O{fice in Garfield Count5/."
"All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward, towards the interior of the subdivision, oxcePt
that provisions may be made to a[[ow for safety lighting that goes beyond the
property boundaries."
a)
b)
c)
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d) "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."
e) "Each lot shall have a maximum of 2,500 square feet of inigation land from
domestic water system."
0 No open hearth solid.fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-
401, et. sew., and the regulations promulgated therzunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unreskicted number
of natural gas buming stoves and appliances.
Dated this 10th day o; Decembet , A.D.2OO2.
GARFTELD
OF
G
COUNTY BOARD
COMMISSIONERS,
COUNTY,
adopted by
the following vote:
Aye, John Martin ,
Aye, Larry McCovm ,
Aye, Walt Stowe ,
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srATE OF COLORADO )
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County of Garfield )
Counfy Clerk and ex-offrcio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
c5fity 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
offrce.
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-offrcio Clerk of the Board of County Commissioners