HomeMy WebLinkAbout1.0 Resolution 2008-661111 Iii 111 4,11,1%!,1.41,4 IYH1CI1 'I41.I1q,INi 11 II
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05106)2008 02:04:44 PM Jean Alberico
1 of 8 Rec Fee -$0_00 Doc Fee:0 00 GPRFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Boarid of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 7`h day of January A.D. 2Q08, there were present:
John Martin
Larry McCown
Tresi Houpt
Carolyn Dahlgren
Jean Alberico
Ed Green
When the following proceedings, amon
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
g others were had and done, to -wit:
RESOLUTION NO. 2008-66
A RESOLUTION CONCERNED
FOR A 6 LOT SUBDIVISION K
PROPERTY OWNED BY SPECI
TH THE APPROVAL OF A PRELIMINARY PLAN
)WN AS "PIONEER GLEN SUBDIVISION" AND
TY RESTAURANT CORPORATION, GARFIELD
COUNTY
PAR EL NO# 240926300168
WHEREAS, the Board of Coun Commissioners of Garfield County, Colorado, received a
Preliminary Plan application from Spe ialty Restaurants Corporation to subdivide a 35.24 -acre
property into 6 residential lots and whit property is located in a portion of Section 24, Township 7
South, Range 96 West of the Sixth P.M , Garfield County; and
WHEREAS, the subject prope
is located in the ARRD Zone District; and
WHEREAS, on October 25, 20 7 the Garfield County Planning and Zoning Commission
forwarded a recommendation of approv with conditions to the Board of County Commissioners for
the Preliminary Plan; and
WHEREAS, on January 7, 200 , the Board of County Commissioners opened a public
hearing upon the question of whether the Preliminary Plan should be granted, granted with
conditions, or denied at which hearing th public and interested persons were given the opportunity
to express their opinions regarding the i suance of said Preliminary Plan; and
1
Oktic
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WHEREAS, the Board of County Commissioners closed the public hearing on January 7,
2008 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 following determination of facts:
1. That proper notice was provided as required by law for the hearings before the
Planning and Zoning C fission and before the Board of County Commissioners.
2. That the public hearings ef+bre the PIanning and Zoning Commission and the Board
of County Commission s were extensive and complete; all pertinent facts, matters
and issues were submi ed; and that all interested parties were heard at those
hearings.
3. The application is in coripliance with the standards set forth in Section 4:00 of the
Garfield County Subdiv ion Regulations of 1984, as amended.
4. That the proposed subdi ision of land is in compliance with the recommendations set
forth in the Comprehens ve Plan for the unincorporated areas of the County and the
Comprehensive Plan for the Town of Silt.
5. The proposed subdivision of land conforms to the Garfield County Zoning
Resolution of 1978, as
ended.
6. The proposed use is in a best interest of the health, safety, morals, convenience,
order, prosperity and we fare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RES
County, Colorado, that based on de
request is approved with the followi
1. That all representations made by
before the Board of County Come
approval, unless specifically alte
)LVED by the Board of County Commissioners of Garfield
errnination of facts set forth above, the Preliminary Plan
ig conditions:
the Applicant in the application, and at the public hearing
nissioners and Planning Commission, shall be conditions of
ed by the Board of County Commissioners.
2. The Applicant shall place the fpBowing plat notes on the Final Plat and in protective
covenants:
a. "Colorado is a "Right -
Landowners, residents an
sounds and smells of G
necessary aspect of living
ranching sector. All must
o -Farm" State pursuant to C.R.S. 35-3-101, et seq.
i visitors must be prepared to accept the activities, sights,
rfield County's agricultural operations as a normal and
in a County with a strong rural character and a healthy
be prepared to encounter noises, odor, lights, mud, dust,
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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, sail amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations."
b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the
subdivision. One (1) ne solid -fuel burning stove as defied by C.R.S. 25-7-401, et.
seq., and the regulation promulgated thereunder, will be allowed in any dwelling
unit. All dwelling uni s will be allowed an unrestricted number of natural gas
burning stoves and appl antes."
c. "All owners of land, w�
and County regulations
ditches, controlling wee
in accordance with zon
Residents and landow�
responsibilities and act
introductory source for s
Agriculture" put out by 1
County."
ether ranch or residence, have obligations under State law
with regard to the maintenance of fences and irrigation
is, keeping livestock and pets under control, using property
ng, and other aspects of using and maintaining property.
lers are encouraged to learn about these rights and
as good neighbors and citizens of the County. A good
ch information is "A Guide to Rural Living & Small Scale
ie Colorado State University Extension Office in Garfield
d. "All exterior lighting wil
will be directed inward a�
that provisions may be
property boundaries."
e. "One (I) dog will be alto
be confined within the o
f. "AlI building foundation
by professional engineer
be the minimum amount necessary and all exterior lighting
id downward towards the interior of the subdivision, except
made to allow for safety lighting that goes beyond the
edfor each residential unit and the dog shall be required to
per's property boundaries."
and individual sewage disposal systems will be designed
egistered in the State of Colorado."
g. "Structures built on the lots will not exceed the maximum allowed height of twenty-
five 25 feet as calculated
by the Zoning Resolution of 1978, as amended."
h. "Lot coverage shall not exceed the maximum allowed coverage of 15%."
i. "To allow the moveme
heights shall not exceed
western edge of the sub
envelope boundaries and
lots or the perimeter of th
of Mule Deer and Elk through the subdivision, fence
2 inches in height." With exception to the fencing on the
livision, all fences shall only be erected within building
there shall not be any fencing allowed to surround entire
e subdivision.
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j. "Lot owners are responsible for management of Garfield County listed noxious
weeds on their own individual lots. The homeowners association is responsible for
management of County listed noxious weeds on the remainder of the property
including the designated open space areas."
k. "All streets are dedicate to the public but all streets will be constructed to standards
consistent with the Co ty Subdivision Regulations and repair and maintenance shall
be the responsibility of the incorporated Homeowners Association of the
subdivision."
3. In addition to plat notes above in condition No. 2, the Applicant shall place the following
notes into the protective covenants:
a. "The homeowners Association shall review and approve all ISDS designs and
modifications prior to construction."
b. "All septic tank accesses and risers shall be surface accessible to allow for
maintenance, monitoring, and inspections."
c. "Monitoring pipes shall be installed at each end of absorption fields or trenches
(minimum of two monitoring pipes) to allow for inspections."
d. "Absorption fields or tre ches shall adhere to minimum setbacks as regulated by the
Colorado Department of ealth, Guidelines on Individual Sewage Disposal Systems,
most recent edition."
e. "Proper mitigation (dive sion) of drainage and flood irrigation for the absorption field
or trench areas shall be i chided in the design and construction."
f. All trash cans used for ou side collection within the subdivision shall be "bear proof."
g.
"For the protection of B : d Eagle and Great BIue Heron nests, large cottonwood
trees, dead or alive, will of be disturbed during construction of the subdivision and
will be preserved throu ' out the existence of the subdivision."
h. "Buyers and builders mus be aware that about 5 feet of clay is present in the shallow
subsurface of the lots w ich can be easily eroded. To prevent damage to future
homes, structures shall .e designed so that concentrated runoff, from patios and
roofs, would not flow in o the slopes, which could cause sloughing and general
deterioration."
4. The 40% slopes adjacent to Lots 1 and 2 shall not be disturbed.
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5. The Applicant shall obtain a Floodplain Development Permit from Garfield County for
building the irrigation pump hoise in the open space area as depicted on the site plan. The
Applicant shall be required t$ obtain approval from the County for the Floodplain
Development Permit prior to th approval of the Final Plat.
6. The Applicant is required to su mit additional information prior to Final Plat to assure that
residents will have access to th space (for example: bridges, trials...).
7. The Applicant shall pay the app icable school site acquisition fee for the number 16 School
District which requires $200 pe dwelling unit. This fee shall be tendered to the County at the
time of Final Plat.
S. The Applicant shall meet with
Plat to discuss appropriate weed
island.
Steve Anthony, County Vegetation Manager, prior to Final
management in the proposed open space areas including the
9. The protective covenants shall ' elude a provision dealing with weed management on the
properties including that the p operty owner is responsible for managing County listed
noxious weeds.
10. The Applicant shall complete
submitted testing for bacteria,
Commissioners public hearing.
water quality analysis with the minimum samples being
itrates and suspended solids prior to the Board of County
11. The Applicant shall pay the applicable Traffic Impact Fee to be calculated and paid at Final
Plat.
12. The Applicant shall meet all o� the following recommendations made by the Colorado
Geological Survey, which inclu e:
a. Any cuts made into the st
by the geotechnical engi
constructed.
b. The ditch proposed to be
property shall be reviewe
the hillside will not be a
c. Building envelopes in lot
to vertical) from the base
yep slope on the east side of the property shall be evaluated
neer for slope stability and retaining structures shall be
constructed at the base of the slope on the east side of the
by the geotechnical engineer to ensure that the stability of
ected.
2, 3, and 5 shall be set back at least 2 to 1 (2:1, horizontal
of the slopes into the Colorado River.
d. The west boundary of the building envelope in Lot 5 shall be moved back from the
break in the slope.
e. Buyers and builders neeto be aware that about 5 feet of clay is present in the
shallow subsurface of th Iots which can be easily eroded. To prevent damage to
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future homes, structures shall be designed so that concentrated runoff, from patios
and roofs, would not flow into the slopes, which could cause sloughing and general
deterioration.
13. The Applicant shall delineate, l gaily describe, and convey all easements shown on the Final
Plat to the Homeowners Associ tion. This dedication needs to be in a form acceptable to the
County Attorneys Office and ansfer shall occur at the time of recording the Final Plat.
These easements shall include, ut are not limited to all drainage easements, shared water
system easements (domestic we Is and water storage tank), storm -water drainage easements,
all internal roads (which will be dedicated to the public on the face of the Final Plat) and any
access and maintenance easeme is that need to be provided for in the common open space.
14. The Applicant shall meet all concerns made by the County Road and Bridge Department, and
shall be included in the SIA:
a. The Applicant shall ass a that the hill on the east side of the entrance shall be cut
back so that the curve i CR300 to the east is visible. This task will have to be
accomplished prior to fi al plat and the cut back will also have to be maintained
throughout the life of the subdivision. Documentation proving this has been
accomplished must be s bm.itted along with final plat application.
b. This cutback will have t be maintained and this shall be the responsibility of the
Homeowners Associatio .
c. The cottonwoods on the est side of the entrance must be cut back so that the curve
in CR 300 to the west is 'sible.
d. The brush between thedive and the cottonwoods shall be cleared.
e. An 18 inch (minimum) ulvert must be used at the driveway and included in the
Subdivision Improveme is Agreement.
15. The Applicant shall address all concerns made by Mountain Cross Engineering with Building
& Planning staff prior to Final P
a. "No easement lines are sl
project. Also only one o
intended design for the o
at approval:
own for the overhead power lines on the south end of the
the overhead power lines is labeled as being buried. The
her overhead power line should be labeled more clearly.
b. In the water supply plan, t e engineer recommends only temporarily using well water
for irrigation. The enginer recommends that permanent irrigation water be provided
out of the river. No desigfn is included for the permanent irrigation system.
c. The fire protection storag volume that is proposed is generally less than required by
the Fire Code. The Fire P otection District should verify that this storage amount is
acceptable.
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d. The cul-de-sacs are longer than 600'. The road design standards allow the Board to
approve longer cul-de-sacs for topographical reasons and if it can be proved that fire
protection and emergency egress and access is provided as a part of the longer design.
The applicant should provide evidence of emergency egress and access.
e. Finalized well permits d negative (absent) bacteria tests should be provided for the
wells at time of Final P t.
f. The existing drainage th t meanders around the building envelopes of Lot 6 and Lot 5
should be protected wi in an easement.
g. The impacts that the proected traffic is anticipated to have to the existing road is not
discussed.
h. The geotechnical engine r recommends a minimum pavement section different than
that shown on the stand d details for the project. No recommendations are made for
the chip and seal surfac that is proposed.
i. Site specific geotechnic investigations are recommended for building foundation
designs. This should be ncluded as a plat note or within the Conditions, Covenants,
and Restrictions of the OA.
j. The Applicant should vefy that there is adequate site distance of oncoming traffic at
the intersection with Sto a Quarry Road."
k. The Applicant shall ob ' a letter from the Grand Valley Fire Protection District
indicating that the fire p otection system is satisfactory.
1. All homes shall be equipled with a Reverse Osmosis System for all drinking water
including but not limited to kitchen faucets, drinking spigots and ice makers.
Dated this ` day of
ATTEST:
aaAJA-A-e-47rk of the Board ---
A.D. 20 .
GARFIELD OUNTY BOARD OF
COMMI ' ONE' S, GARFIELD COUNTY,
OLO
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOIJPT
STATE OF COLORADO
County of Garfield
I,
)ss
, Aye
, Aye
Aye
, County CIerk and ex -officio Clerk of the Board of
County Commissioners, in and for the ounty and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copie from the Records of the Proceeding of the Board of County
Commissioners for said Garfield Coun , now in my office.
IN WITNESS WHEREOF, I has
at Glenwood Springs, this day of
County Clerk and ex -officio Cl
e hereunto set my hand and affixed the seal of said County,
, A.D. 20 .
rk of the Board of County Commissioners
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