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HomeMy WebLinkAbout5.0 Resolution 96-75501320 B-1000 P-418 11/20/1996 03:42P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO )ss County of Garfield At a REGULAR meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on MONDAY , the 18th of NOVEMBER A.D. 19 96 , there were present: Marian I Smith , Commissioner Chairman Elmer (Bucky) Arbaney , Commissioner Arnold Mackley , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Charles Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-75 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE PETTS/HOLMES SUBDIVISION WHEREAS, Robert F. Petts and Cathleen E. Holmes filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan the Petts/Holmes Subdivision; WHEREAS, the Garfield County Planning Commission reviewed thePetts/Holmes Subdivision application and recommended approval to the Board of County Commissioners; WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting was provided as required by law for the hearings before the. Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 501320 B-1000 P-419 1 1/1998 03:42P PG 2 OF 4 That all data, surveys, analyses, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 5. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 6. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the Petts/Holmes Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearings before the Planning Commission shall be considered conditions of approval, unless stated otherwise by the Planning Commission. 2. The applicant shall pay $200 per lot in School Impact Fees prior to the approval of the Final Plat. A Final Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities, including the dedication of a 60 ft. wide right-of-way for County Road 113 and include the following plat notes: a. "Soil conditions on the site may require engineered septic systems. Specific ISDS needs on the site will be based on percolation rates at the time of building permit." b. "All buildings shall submit engineered plans for the footers/basements consistent with the recommendations contained in the geotechnical report prepared by CTL/Thompson, Inc., dated 6/3/96." c. "The area surrounding the properties in this subdivision is agricultural in nature and some agricultural practices may not be compatible with rural residential land uses, but the agricultural use has priority over the residential use." d. "The property in this subdivision are not within any fire district and should expect to pay for any services provided by district." e. "Control of noxious weeds is the responsibility of the property owner." f "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. -501320 B-1000 P-420 11/1996 03:42P PG 3 OF 441/ g. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "No open hearth solid -fuel fireplaces will be allowed; each dwelling unit will be allowed one(1) new wood -burning stove as defined by C.R.S. 25-7-407, et. seq. and the regulations promulgated thereunder; and there will be no restriction on the number of natural gas burning fireplaces or appliances included in the protective covenants." "One dog will be allowed in each residential dwelling unit in the subdivision. This requirement will be included in the protective covenants, and will be enforced by the homeowners association." Prior to the approval of a final plat, the applicant drill the well and demonstrate the following: a. A well be drilled and a 4 hour pump test shall be performed; b. The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c. The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing All construction shall be consistent with USFS Wildfire Prevention Guidelinesdrawdown and recharge shall be submitted to the Planning Department; d. A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; e. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot is suggested; g. A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); h. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. Prior to approval of a Final Plat, the applicant will obtain a driveway permit for the smaller lot from the County Road & Bridge Department. 501320 B--1000 P-421 11.1996 03:42P PG 4 OF 4 Dated this 20th day of NOVEMBER AT FEST: Clerk t'f the Board • , A . 19 96 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion,dulyinade and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I_ SMITH COMMISSIONER ARNOLD L. MACKLEY COMMISSIONER ELMER (BUCKEY) ARBANEY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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 WITNESS WHEREOF, 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