HomeMy WebLinkAbout4.2 Request to AMD ResolutionExhibits - Request to Amend Resolution 2008-138-Quicksilver Court Preliminary Plan
BoCC (411912010)
Exhibit
f
A Staff Memorandum
B Resolution 2008-138
C Draft Resolution
Exhibit
Letter
{A,to Z\
PROJECT INFORMATION AND STAFF COMMENTS
EXHIBIT
Request to correct the
of Approval to delete
Condition 13 m
BoCC April 19,2010 TV
Preliminary Plan Resolution
Condition 13 I and clarify
REOUES'I
APPLICANT / OWNER
REPRESEINTATIVE
LOCATION
PROPERTY SIZE
WATER
SEWER
ACCESS
EXISTING ZONING
Jody Daniels & Greg Hasenberg
Jena Skinner-Markowitz, Knight Planning
Services
South and East of Rifle in Grass Mesa Ranch
79.82 acres
Individual Wells
Individual Sewage Disposal System
Quick Silver Way via CR 319
Rural
A. Background
The Final Plat consists of subdividing 79.82 acres into seven (7) single-family residential lots
with access provided from the existing private road Quicksilver Way and an internal cul-de-sac.
This application was heard by the Planning Commission for Sketch Plan on September 26,
2007 and for Preliminary Plan on October 22, 2008 where the Planning Commission
recommended approval with conditions. The Quicksilver Court Subdivision was conditionally
approved lly the Board on December 8, 2008 in Resolution 2008-138 and the applicant received
a one year: time extension from the Board on Decemb er J , 2009. The Final Plat application
was received on October 29,2009.
B. General Property Location / Description
The subject property is located south of Rifle in the Grass Mesa Subdivision. More specifically
the subject property iS described as Lots 2 arrd 2A of the Grass Mesa Subdivision. A single
family home currently exists on the proposed Lot 3.
C. Request to Amend the Resolution of Approval
Following approval of the Preliminary Plan and Resolution of Approval 2008-138 for the
Quicksilver Court Subdivision the applicant noticed that Conditions 13 I required a water
analysis for unacceptable levels of certain minerals and also a requirement for an individual
watertreatment system. Condition 13 I reads;
13 l. Water Quality Analysis conducted on the subject property have demonstrated
unttcceptable levels of Aluminum and lron, individual water treatment systems should
be utilized.
A water quality test was performed and submitted with the final plat. The analysis
demonstrated that water quality met or exceeded state requirements. It appears that the
recommended condition may have been "pasted" into the staff memo erroneously from another
plat under review.
Condition 13 m implies a 1,000 gallon storage tank is a requirement of the fire district for fire
protection and reads;
I3 m. The owner of each lot shall demonstrate that the required 1000 gallon storage
tank to be used for fire protection has been constructed prior to the issuance of a
C er t ifi c at e of O c cup ancy.
The applicant installed a water storage pond to provide for adequate water for hre protection
and the storage tanks are for individual use not related to fire protection.
D. Staff Recommendation
It would have been appropriate to correct the approved Resolution following discovery of the
errors but that opportunity was lost due to changes in staffing within the Building and Planning
Department. The errors were identified during review of the Final Plat and Staff recommends
approval of the request for correction to Resolution 2008-138 with deletion of Condition 13 I
and modification of Condition 13 m to read;
l3 m. The owner of each lot shall demonstrate that the required 1000 gallon storage
tank @ion has been constructed prior to the issuance of a
C e r tifi c at e of O c cup ancy.
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STATEOFCOLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of county commissioners for Garfield county' colorado'
held in the Commission"rr:G"ti.,g Room, Garfield County Courthouse' in Glenwood Springs on'
Mondry, the 8fi day of December A'D' 2008' there were present:
John Martin ' Commissioner Chaimtan
t^urry M.Co*, ' Commissioner
TrEJ Ho,rPt (ubr"nt) ' Commissioner
O"Uorut Oui* ' Assisrant 9otrr"y Attorney
Clerk of the Board
Ed Green , County Manager
whenthefollowingproceedings,amongotherswerehadanddone'to-wit:
RESOLUTTONNO. Ao o y- /3 g
A RESOLUTION CONCERNED WITH THE APPROVAL OT A PRELIMINARY PLAN
FOR A SEVEN LOT SI.]BDfVISION IO{OWN AS "QI,IICKSILVER COURT'' AND
PR0PERTYowI{EDBYG.H.DANIELSmANDGREG0RYIIASENBERG'
GARFTELD COTJNTY
PARCEL NO# 217 727 200464 and 217 7 22300463
Recitals
A. The Board of county commissioners of Garfield county' colorado' received a
preliminary plan appltationfrom G.H. Daniels III and Gregory Hasenbergto subdividetwo parcels
l6raling 79.82-acres iato 7 residential lots and which properryislocated in a portion of section 2i'
io**-nip 6 Soutlr, Range 93 West of the Sixth P'M'' Garfield County'
B' The subject properlry is located in the ARRD Zone District'
C. on octobe t22,2008the Garlreld County PlanninsSnd.z:ning Commission forwarded a
recommendatir" "r "pp."r"r
*ittr conditions to the Board of county commissioners for the
Preliminary Plan-
D. onDecember g,200g, theBoard of County Commissionersopened apublichearingupon
thequestionofwhetherthePreliminaryPlanshouldbegranted,grantedwithconditions'ordeniedat
which hearing the public and interested persons were giien the opportunity to express their opinions
regarding the issuance of said Preliminary PlaL
1
EXHIBIT
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E. The Board of county commissioners closed the public hearing on December 8' 2008 to
make a final decision.
F. The Board onthe basis of substantial competent evidence produced atthe aforementioned
hearing, has made the following deterrninations of fact:
l.Thatpropernoticewasprovidedasrequired.by-lawforthehearingsbeforethepr*irg'*a-2""i.,g commission and berore the Board of cormty commissioners'
2.ThatthepublichearingsbeforethePlarrningandZoningCommissionandtheBoard
ofco*tyCommissionerswereextensiveandcomplete;allpertinentfacts,matters
andissuesweresubmitted;andthatallinterestedpartieswereheardatthose
hearings.
3.TheapplicationisincompliancewilhthestaadardssetforthinSection4:00ofthe
CurnJiaCou"ty Subdivis-ion Regulations of 1984' as arnended'
4.Thattheproposedsubdivisionoflarrdisincompliancewiththerecommendationsset
rortr, i' t" bompr"h".rsive plan for the unincorporated areas of the county.
5.TheproposedsubdivisionoflandconformstotheGarfieldCorrntyZorung
Resolution of 1978,25 'mended'
6.Theproposeduseisinthebestinterestofthehealth,safety,morals,convenience,
"td;;*p"rity and welfare of the citizens of Garfield County'
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of county commissioners of Garflreld
CounfY, Colorado, that:
A.TheforgoingRecitalsareincorporatedbythisreferenceaspaltoftheresolution.
B. A Preliminary Plan request for "Quicksilver Court" is approved with the following
@nditions:
1. That aII representations made by the Applicant in the application' a1d.at the public
hearing before tire Board of C",-tyio-,ni"iootts and Plarming Commission' shall be
conaitionsofapproval,unlesstp""in"alyaltsredbytheBoardofCounty
Commissioners;
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2,TheApplicantshallprovideapumptest(minimumfourhours)foreachofthe
existing *.ri. -a an *rltt"n opinion from the qualified professional conducting the test
regarding the adequacy of the wells to serve the proposed development including the
requested A;;;Dwelling Units to be submitted with the Final Plat application;
3. The Applicant shall providg a water quality analysis for each of the existing wells
demoostratii! compliance with state guideiines regarding bacteria and nitrates to be
submitted with the Final Plat application ;
4.TheApplicantshallberesponsiblefor50%oftheTraffrclmpactFeesatthetime
of Final nUi [to be calcu]ated after submittal of Final Plat Application);
5. The Applicant shall include langlnge in the Restrictive Covenants regarding the
future lot o#.r', Traffrc Impact Fee responsibility required at the time of Building
Permit submittal;
6. The Restrictive covenalts shall include language demonstrating the homeowners
obligation to construct a 1000 gallon water storage tank for the purpose of domestic
water suPPlY;
T.TheApplicantshallprovideaweedinventoryofthesubjectpropertyidentiffig
ail County list"d noxious weeds and a map of specific weed infestations at the time of
Final Plat;
g. The Applicant shall provide a weed management plan for as identified in exhibit
L;
g. A common weed management plan including responsibility of individual lot and
roadside weed management shall be included in the Covenants aad Restrictions;
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10. The Applicant shall provide a map or information that quantilies the areL in terms
of acres, to be disturbed and subsequently reseeded on road cuts, utility dish[bances'
and around the proposed pond at the time of Final Plat;
11. Based on the to1al disturbed are4 vegetation security shall be determined by
Garfield county vegetation Management and submitted prior to obtaining Final Plat
approval;
12. At the time of Final Plat, the Applicant shall provide the Planning Department
with a digital drawi"g file of tile ,rrudillritioo- The format of the digital drawing shall be
in .dxf oi.dwg to.mo:t. The file may be submitted to the Department on 3'5" diskette'
cornpact aisc iCO), or via e-mail (in compressed format). The digitai file shall be
projected to tii wiinin the parameters of UTM Zone 13'NAD 27' in suwey meters' A
minimum of two ground control points displaying Northing and Easting shall be
identified in the digital fi)e.
13.
a)
The following plat notes shall be included on the Final Plat:
one (t) dogwilt be allowedfor eachresidential unit snd the dog shall be requiredto be
confii,ed within the owner's property boundories'
No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision
One'(l) new solid-fuit t*niig stoye as defiedby C.R.S. 25-7'401, et. selr-, andthe
irgri"iio* promuigated thrr"ird"r, will be allowed in any dwellingunit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
AII exterior tightingwill be the minimum amount necessary and all exterior lightingwill
be directed iiwari and dowrn+,ard towards the interior of the subdivisio4 except that
provisions mry be made to allow for safety tighting that goes beyond the property
boundaries.
Nofurther divisions of tandwithin the subdivisionwill be allowed
colorado is a ,,Right-to-Farm" state pursuant to c.R.s. 35-J-l 01, et seq. Landowners,
residents andvisitors must be preparZd to accept the activities, sights, sotnds and smells
of Garfield County,s agricrltiroi oprrotions as a normal and necessary asPect of living
fi a iounty with a strong ,ural cisrcter and a healthy ranching sector- All must be
4
d)
b)
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Receotion$: 760233
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prepared to encounter noises, odor, lights, mud, dust, slnoke chemicals, machinery on
public roads, livestock on pubtic ,r-odr, ,toroge and disposal of manure, and the
applicarion by sprayng or oiherwise of chemicalfertilizers, soil amendmenls, herbicides'
and pesticides, any one or more ofwhich may naturally occur as o part of a legal and
non-negligent agricultwal operations'
J) All owners of land, whether ranch or residence, have obligations under state low and
County regilatiors with regard to the maintenance of fences and irrigation dilches'
contrittin-g weeds, tueping livestock and pets under control, using property in
o"cordonc, with zonini and other aspects ofusing and maintaining property' Residents
qnd landowne6 or" "irorraged to liarn about these rights and responsibilities and act
as good neighbors and citizens of the county A ggod introductory source for such
information is ,,A Guide to nurit Living & Small Scale Agriculture" put out by the
Colorado State University Extersion ffice in Garfield County'
g) Based on the analysis of the sub-soils on the property, Individual sewage Disposal
System andfourdotfon designs are required to be conducted by a registered professional
ingineer lfcensedto practiJe withinie State of Colorado. These studies andplans shall
be subminedwith i;divifual buitding permit applicationfor euch lot- The cost of these
studies shall be borne by the individual property owner'
h) AIt streets are dedicated to the public but all streets witl be constructe:d to standards
consistent with Section 9:35 ojthe Subdivision regulation of 1984, as amended and
repair and maintenance shall be the responsibility of the Homeowners Association ofthe
subdivision
i) The mineral rights associated with this property have been partially severed and are not
frtly intact or transferred with the surfoce estale therefore allowing the potential for
natural resaurce eitracrion on the property by the mineral estate owner(s) or lessee(s).
j) Although no Accessory Dwetting (Jnits were approved through the Preliminary Plan
process, all future permitted Accessory Dwelling Units shall be limited to I ,500 square
feet and may not be corweyed into separate ownership'
k) Alt lots are subject to the Declaration of Easements, Restrictions and Covenants far
Grass Mesa Ranch.
,ater Quality Analysis conducted on the subject ProPerty have demonstrated
\accep-tabteievels of Aluminum and lron, individuolwqler treatment gtstems should be
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Receotlon$:76O233
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m) The owner of each lot shall demonstrate that the required I 000 gallon storage tank to be
used for fire protection has been constructed prior to the issuance of a Certificate of
OccupancY.
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Dated this lS*, or -D
e t ,( ^b.o,- - A-D- 20 0? '
COLINTY BOARD OF
GARFiELD CQLTNTY,
of the Board
Upon motion dulY made and seconded
following vote:
COMMISSIONER C}IAIR JOHN F. MARTIN , AYE
COMMIS.SIONER LARRY L. MCCOWN . AYE
COIAvflSSIO}*IER tnESt HOUPT , Absent
STATEOFCOLORADO )
)ss
County of Garfield )
I _, County Clerk and ex-officio Clerk of the Board of
County Co*miiiioo.rr, ir, *a for the County and State aforesai4 do hereby certify that the amexed
and foiegoing Resolution is truly copied from the Records ofttre Proceeding of the Board of County
Commissioners for said Garfield County, now in my office'
IN MTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said CoutY,
at Glenwood Springs, this
-
daY of A.D.20_.
County Clerk and ex-officio Clerk of the Board of County Cornmissioners
ATTEST:
EXHIBIT
btr
8(-
STATE OF COLORADO
County of Garfield
)
)ss
)
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 rln, Monday, the 19th day of April, A.D. 2010, there were present:
John Martin
\4ike Samoson
l'rdsi Houpt ,
Deborah Ouinn ,
Jean Alberico
Chairman
Commissioner
Commissioner
Assistant County Attorney
Clerk of the Board
Eid Green (absent), County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.
A RESOLUTION CORRECTING RESOLUTION 2OO8-138 CONCERNED WITH THE
APPROVAL OF A PRELIMINARY PLAN FOR A SEVEN LOT SUBDIVISION
KNOWN AS "QUICKSILVER COURT" AND PROPERTY OWNED BY G.H. DANIELS
III AND GREGORY HASENBERG, GARFIELD COUNTY
P A RC E L N O # 217 7 -27 2-00 - 4 6 4 and 217 7 -223 -00 -4 63
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a
Preliminary Plan application from G.H. Daniels III and Gregory Hasenberg to subdivide two
parcels totaling 79.82-aqes into 7 residential lots and which property is located in a portion of
Section 21, Township 6 South, Range 93 West of the Sixth P.M., Garfield County and legally
described as Lot 2 andLot2A of Grass Mesa Ranch.
B. The subject property is located in the Rural Zone District.
C. On October 22, 2008 the Garfield County Planning and Zoning Commission
forwarded a recommendation of approval with conditions to the Board of County Commissioners
for the Preliminary Plan.
D. On December 8, 2008, 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 the public and interested persons were given the opportunity to express
their opinions regarding the issuance of said Preliminary Plan.
1
E. The Board of County Commissioners closed the public hearing on December 8, 2008
to make a final decision.
F. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper notice was provided as required by law for the hearings before the
Planning and Zoning Commission and before the Board of County
Commissioners.
That the public hearings before the Planning and Zonrng Commission and the
Board of County Commissioners were extensive and complete; all pertinent facts,
matters and issues were submitted; and that all interested parties were heard at
those hearings.
The application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984, as amended.
That the proposed subdivision of land is in compliance with the recommendations
set forth in the Comprehensive Plan for the unincorporated areas of the County.
5. The proposed subdivision of land conforms to the Garfield County Zoning
Resolution of 1978, as amended.
6. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
G.The Board of
2.
J.
4.
December 15, 2008 in
to complete the final
review.
County Commissioners approved the preliminary plan application on
Resolution 2008-138, with a time extension granted on December 7,2009
plat. The Final Plat Application was received on October 29,2009 for
H. During the Final Plat review the applicant and Planning Staff discovered errors in the
Resolution of Approval for Conditions 13 I and 13 m. The requirements for testing and treating
water did not apply to this subdivision and the Fire District did not require a 1,000 gallon storage
tank for fire suppression. Staff recommended removal of Condition 13 l, related to water testing
and modification of Condition 13 m, removing references to Fire District requirements for the
required conditions of Resolution 2008-138.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by
County, Colorado, that:
the Board of County Commissioners of Garfield
A. The request to Correct the Conditions of Approval for Resolution 2008-138, a
Preliminary Plan request for "Quicksilver Court" is approved with the following
conditions as modified:
B. The conditions of approval for Resolution 2008-138 remain in full force and effect except
for the following;
1. Condition 13 I is deleted as a required condition.
2. Condition 13 m is modified to read:
13 m. The owner of each lot shall demonstrate that the required 1000
gallon storage tank has been constructed prior to the issuance of a
C e r tifi c at e of O c cup ancy.
Dated this day of A.D.20
ATTEST:GARFIELD COLINTY BOARD OF
COMMISSIONERS, GARFIELD
COLINTY, COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN . Aye
, Aye
, Aye
STATE OF COLORADO
County of Garfield
I,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. 2o-.
County Clerk and ex-officio Clerk of the Board of County Commissioners
)
)ss
)
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