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Home My WebLink About9.01 List of Conditions of Approval 09.05.2006September 5, 2006 Chris Hale, P. E. Mountain Cross Engineering 826 1/2 Grand Avenue Glenwood Springs, CO 81601 BUILDING & PLANNING DEPARTMENT RE: Mahan Subdivision Preliminary Plan Dear Chris, As you are aware, on Tuesday, September 5, 2006, the Board of County Commissioners approved the Preliminary Plan Application for the Mahan Subdivision 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 & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall include the following plat notes on the final plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries." c. "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C. R. S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances ". d. "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". e. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 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 strong rural character and a healthy ranching sector. .Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, 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, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. f In addition, 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 control, using property in accordance with zoning, and other aspects °fusing and maintaining property. Residents and landowners are encouraged to learn 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 Office in Garfield County" g. "The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " h. "Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. " i. That no more than 1 dwelling unit shall ever be allowed on either Parcel 1 or 2 which includes Accessory Dwelling Units or any other type of structures used for habitation. 3. The Applicant, at their own expense, shall remove the "framed dugout" as identified on the Preliminary Plan from the County Road 126 right-of-way. Security for this work shall be included in the Subdivision Improvements Agreement if not removed by the Final Plat submittal. 4. The Applicant shall obtain an Encroachment Agreement from the Road and Bridge Department allowing the "Cabin" and "Storage Building" to remain in the County Road 126 right-of-way. This approved agreement shall be submitted with the Final Plat application. 5. The Applicant, at their own expense, shall 1) remove the comer fence at the existing 2 driveway to the Main House as identified on the Preliminary Plan, 2) one tree at the driveway entrance shall be trimmed if possible or removed for better visibility for downhill traffic and widening the existing road, and 3) remove brush and fencing from the right-of-way on both sides of CR 126. Security for this work shall be included in the Subdivision Improvements Agreement if not removed by the Final Plat submittal. 6. The Applicant shall be required to convey a 60 -foot right-of-way easement to the County for the 60 -foot wide right-of-way for County Road 126 as it passes the full length of the property. The form of conveyance shall be acceptable to the County and shall be provided to with the Final Plat application. 7. Pursuant to Section 4:92(E) of the Subdivision regulations, the Applicant shall submit an Individual Sewage Disposal System (ISDS) Management Plan for the operation and maintenance of all the on-site ISDS systems. The Applicant shall include this plan in the protective covenants. 8. As required for the Final Plat application, the Applicant shall create a Homeowners Association (HOA) and provide the Articles of Incorporation, By -Laws, and Protective Covenants with the Final Plat application. 9. The Applicant shall be required to convey the existing water system in its entirety, to the HOA. This HOA shall own and maintain the physical water system as well as the water rights (associated well permits and augmentation contract). 10. All easements of record shall be shown on the Final Plat. More specifically, the Applicant shall identify the location of the components of the physical system which shall be placed in easements on the final plat. 11. The Applicant shall pay the appropriate RE -1 School Site Acquisition Fee as calculated by Section 9:81 of the Subdivision regulations. This fee shall only be calculated for one new dwelling unit on Lot 2. Payment of this fee shall occur prior at the time of Final Plat. In no circumstance shall the Final Plat be signed by the Board of County Commissioners until such fee has been paid. 12. The Applicant shall pay the appropriate Traffic Impact Fee for a property located in the &d Traffic Study Area. This fee shall only be calculated for one new dwelling unit on Lot 2. Payment of this fee shall occur prior at the time of Final Plat. In no circumstance shall the Final Plat be signed by the Board of County Commissioners until such fee has been. paid. 13. The Applicant shall submit a "Wildfire Fuels Reduction Plan", approved by the Glenwood Springs Fire Protection District with the Final Plat application. This plan shall incorporate the recommendations provided by the Colorado State Forest Service in their letter dated 1/23/06 (Exhibit J). This plan shall also be incorporated into the Protective Covenants. 14. The Applicant shall design and install an appropriate water line connection from the two existing 5,000 gallon water tanks on the property to the County Road in order that the water may be used for fire protection supply. This design and location of line shall be reviewed and approved by the Glenwood Springs Fire District. The Applicant shall submit the approved design with the Final Plat documents. 15. The Applicant shall provide a Weed Management Plan which includes weed treatment by June 1, 2006 to the County Vegetation manager for review and approval. The documentation may be in the form of copies of application records or they may contact the Vegetation Management Department for a site visit to verify that the treatment has been done by June 1, 2006. Proof of this shall be included in the Final Plat application. 16. That no more than 1 dwelling unit shall ever be allowed on either Parcel 1 or 2 which includes Accessory Dwelling Units or any other type of building used for habitation. As you are also aware, the Applicant has 1 year (until September 5, 2007) from the date of this approval to submit a Final Plat Application that addresses all the conditions above as well as the Final Plat requirements in Section 5:00 and 9:00 of the Subdivision regulations of 1984, as amended. Do not hesitate to contact this office should you have further questions. Very truly yours, Fred Jarman, AICP Co Director 970.945.8212 4