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HomeMy WebLinkAbout4.0 Resolution 83-284JTATE OF COLORADO County of Garfield ) )ss ) Board of County ,1.! tI, r rl ri 1sB3 iii.r&Jt- pu$ff{B Ata Glenwood Springs on Monday 19 83 , there were present: Eugene rrJimr? Drinkhouse Larrv Velasouez Flaven J. Cerise Earl Rhodes Mil-dred Alsdorl meeting of the the Commissioners' Annex in , the 29Lh day of August A.D. , Commissioner Chairman , Commissioner , Commissioner , County Attorney , C1erk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTTON NO. 83-284 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE PRELIMINARY PLAN FOR THE J-MAR ESTATES SUBDIVISION. WHEREAST Gary Sheveland has filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of a Preliminary PIan for the J-Mar Estates Subdivision; and WHEREAS, based on the material submitted by the applicant and the comments of the Garfield County Department of Development/PlanningDivision, this Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission.2. That the public hearing before the Planning Commission on August10, 1983 was extensive and complete, that aII pertinent facts, matters and issues were submitted and that all- interested parties were heard at that hearing.3. That the Garfield County Planning Commission recommended approvalof the Preliminary PIan.4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive PIan for the unincorporated area of the county.5. That all data, surveys, analyses, studies, plans and designs asare required by the State of Colorado and Garfield County have been submitted, reviewed, and founo to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7 . 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 thecitizens of Garfield County. NOW, THEREEORE, BE IT RESOLVED that the Preliminary Plan of the J-Mar Estates Subdivision on the following described unincorporateci area ofGarfield County be approved with the following conditions: 1. That covenants be provided with the Final PIat and at a minimum havethe following provisions: a. b. That aII dogs will be attended by the owner, tied up or keptinside a fenced enclosure;Provisions for annual payment to the West Divide Water Conservancy District be included, with recourse for the Homeowners Association to assess property owners if necessary; A 150 foot rear yard set.back for Lots 5, 6, 7 | B and 9i That the Homeowners Association will agree to hook up to the Siltwater and sewer systems when the services are available. That all driveways shall have a minimum of a 15 inch culvert that extends at Ieast three feet beyond the driving surface. That thedriving surfaces shal1 be at least 16 feet in width with at leasta LZ inch sub-base and 6 inch base course. c. d. 6 2. That Giomi Lane wiII be designed to have a 3 inch asphalt mat 24 feet in width, with a 6 inch aggregate base course 32 feet in width, for its entire length. That aII recommendations for culverts on County Road 346 be included in the final design. 3. That the applicant provide a 5,000 gallon water storage tank centrally located in the subdivision with a Ietter of approval from the Silt-New Castle Fire District. 4. The developer comply with aII recommendations of the Division of water Resources per the letter dated June 23 t 1983. 5. That plat notes on the Fina1 Plat include: a. That engineered individual sewage systems and house foundations may be required. b. That lots 5,6,71 8 and 9 shall have a I50 foot rear yard setback in addition to all other setbacks required by the Garfield County Zoning Resolution. c. That aII lots will hook up to the Silt water and sewage system when available. d. That all structural improvements shall be subject to the Chen and Associates recommendations in the Geotechnical Investigations f or J-lular Estates, Job. No . 25 ,366 - 6. That the applicant comply with all recommendations of Chen and Associates Geotechnical Analysis of the J-Ivlar Estates Subdivision as recommended by the Colorado Geological Survey. 7. That the Homeowners Association be incorporated and a fund be established to ensure that there will be money available to Payfor water from the West Divide Water Conservancy District, in perpetu ity . B. That the water rights from the homeowners equally and be noted and provided as a at Final PIat. the Rising Sun Ditch be conveYed to that irrigation easements and culverts part of the subdivision improvements IO. It is the agreement of the applicant and the Board that the applicant shall make a contribution or improvements to the Silt Bridge in the amount of One Thousand Dollars and No,/Cents ($I,000.00) per lot for twelve (L2) lots for a total amount of Twelve Thousand Dollars and No/Cents ($f2,000.00), which money shall be paid prior to the recorciing of the final piat for the subject subdivision, or as otherwise provided in the Subdivision Improvements Agreement . LEGAL DESCRIPTION: The NE L/4 NW L/4 and the W L/2 NW L/4 NE l/4 and the westerly 30 feet of the E L/2 NW L/4 NE I/4 of Section 16, Township 6 South, Range 92 West of the 6th Principal l,leridian, Garfield County, Colorado. EXCEPT that portion lying north of the Rislng Sun Ditch and EXCEPT that portion recorded in the records of the Garfield County as Giomi Minor Subdivision. Containing 44.5 acres, more or less. t ATTEST:GARFIELD COUNTY GARFIELD COUNTY, BOARD OF COIVIMISSIONERS COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: EuAene 'rJimrt Drinkhouse AY€ Larrv Vel-asguez AYe Fl aven ,T - Cer^i se AYe STATE OF COLORADO County of Garfield I, , CountY Clerk and ex-officio of the e and tor the CountY and State aforesaid do hereby certify that the annexed and foregoing Order is copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto of said County, dt Glenwood Springs, this A. D. 19 set my hand and affixed the seal day of ) )ss ) Cl-er k tr uly tsoard of County Commissioners. County CLerk and ex-officio Clerk of the DRAET OF I.{INUItsS ltlarctr 21r 1983 Utrnn ttre request of the County Clerk, Cqnnissioner Cerise moved that the Board approve the minutes of the @nnissioners regular meetings of August 23t 1982, through Marctr 14, 1983. Ccrn. Drinkhouse steSped dovm as Grairman to second the motioni carried. Upon thre request of ttre County Manager, Connissioner Grise moved ttrat the Board atrprove ttre follovsing warrants: #1193 ttrrough #1210 for the General F\rnd for the month of February 1983, in the amount of $981849.26 for assigned warrantsi #1211 ttrrough #1433 for ttre General Fund for the month of February 1983,in the amount of $1401661.92 for unassigned warrants and payment denial for warrant #001403 in the amount of $45.40 payable to Big hnrs Liquors suLmitted by tne Eair Board; #1059 ttrrougtr #1129 for ttre Road & Bridge E\:nd for the monttr of Febrtnry 1983, in the amount of $1101705.38; #1021 ttrrough #1047 for ttre Aitrnrt Fund for the monttr of Febrtnry 1983, in Lhe amount of $12,578,27i #1046 ttrrough #1104 for ttre tibrary Fu:d for the monthr of February 1983, in the amou:t of $22,745.98; #1005 through #1008 for the Palment in Lieu of Taxes (PILT) Flmd for ttre month of Febrtnry 1983, in the amount of $131923.50; *1007 through #1010 for the Public Works Fund for ttre month of February 1983, in the amount of $11r395.34 (Western Hnpirers $98r000 paynent was overlooked in February) ; #1004 for ttre Revenue Sharing Etnd for ttre monttr of February 1983, in ttre amount of $375.00. Cormissioner Drinkhouse stetrped do,m as Chairman to second the motion; carried. There was a discussion with Lee l'Ierkel and (truck Rains, Mayor of Si1t, regarding the Housing contract. Mr. Rains indicated thrat ttre contract was for construction of 20 units divided into senior housing and lovrincome housing. He stated ttrat the mu:ricipal employee housing was eliminated. Mr. Rains statedthat ttre plans were conpleted and Silt was prepared to start the site prelnration after ttre building prmits were received. He requested for Oil Shale Trust Fund money in advance to pay for nrerctrandise, as required ry *reir ordinance. the Board agreed to be consistent with trnst Oi1 Sha1e Trust Ftnd requests and required ttrat a document of need be submitted before the funds were released. @nnissioner Cerise moved ttrat the Touin of Silt be allored to exclude frorn their contract ttre original Oil Shale allocations for housing ofcity employees. C.:crn. Drinkhouse stetr4nd donn as Chairman to second the motion; carried. Lee Merkel indicated ttrat he had only received protrnsals for ttre project, rather than the invoices after the work had been cornpletedr with an approvalfrqn the government entity, as required. Ccnmissioner Cerise moved that ttre Crairnan be authorized to sign tlre contract wittr the Tovrn of Silt with regards to Parks and Recreation, with docunentation to be provided. Com. Drinkhouse sLepped dornm as Grairnan to second the motion; carried. The next item on the agenda was a sketctr plan atrproval for J-l4ar Estates, located I miLe southwest of Silt on Cour:ty Road 346; applied for b1z C,ary Sheveland. Gary Sheveland, alplicant, Tim Ca1lahan, surveyor, hn Kerst, representative, and !,Iark Bean, Senior Planner, were present. Mr. Bean presented the project infonnation from ttre Planning Ccnunission. fhe request was for 12 single family lots of approxirnately 3.5 acres each. Individual we1ls and individtnL sepb,ic systems were proSnsed. ltre existing zoning is VBAD and ttre same in all directions except to the North $fiich is Vf . En Kerst indicated ttrat an atrproval was received from ttre West Divde Water Conservanqg District for an allotment contract. Well permits will be issued to any individual having property wittrin ttre designated areas, accompanied by awater allotment contract ;frcrn one of ttre reslnctive Districts. The whole process was awaiting scrne form of forrnalization in terms of a nremorandtrn of agreement between the distficts and the Oivision of Water Resources. Mr. Shevelandrs land fe1l within the atrproved servicable area. After the contract was received, Mr. Kerst indicated that the applicant would innrediately applyfor the well permits. the alplicant would ttren follovr with a water rights ap,plication to change the point of diversion of ttrese water rights to the well l DRAFT OF I,IINI}TES l{arch 21, 1983 heads at the location. Ttreir intentions were for the West Divide District to financially sr44nrt an augrrer\tation plan, wittr enough contracts. The initial plan would require a release of one gallon for every galIon pulled out of the welI, creating a direct statutory exchrange process, whictr the State Ergineer had the authority to adninister. Attorney Rhodes indicated ttrat he had received a letter dated !4arctr 10, 1983, with a copy of ttre Water Allotnent Contract wittr ttre West Divide Water Conservancy District,. He felt ttrat ttre conditions of ttre Planning Dept. were appropriate. Attorney Rhodes stated ttrat ttrere was no certainity that thre Augrnentation water under the contract would be allocated to ttre individual lots or the weIls. A.s long as paynents were rrErd€r ttre water would be there. If the paynrents were not rrBd€r ttrenl ttre District could give ttre water to anyone else and the right would be 1ost. Conrnissioner Cerise felt ttrat ttre protrnsal was denied in ttre pastr because ttre applicant refused to sutm:it the $1000 IEr 1ot County requirnent for the bridge. Wittrin the Staffs Ccnnent gncket, it was stated thrat the denials of previous sketctr plan were due to inconsistencies wittr the Ccmprehensive Plan density and access standards. Tim Callahan relnrted ttrat ttre bridge at that tfure was inadequate, and this application was proSnsed with larger Iots, rnainly because the bridge was being built and they would have access. hn Kerst indicated that ttre bridge fee was conditioned upon approval, but the protrnsal was denied. Mr. Kerst also indicated ttrat ttrere was no representationto Itlr. Sheveland tLrat the protrnrty was not suMividable when he bought ttreprolnrty. He felt that the County records should have reflected this inforrnation when the title searctr was done, in order to protect the buyer. rhe Board agreed ttrat a contlibution to the bridge was in order. Upon no further discussion, Ccnrnissioner Cerise moved ttrat ttle Board apProvethe Sketctr PLan for J-l4ar Estates, located 1 mile souttrwest of Silt on County Road 346; applied for b1r Gary Sheveland, wittr the follovring conditions: 1) Ihat ttre applicant agree to hook-up to the Tovm of Silt's water and sewer systems when they are available; 2) ftre structural design of Gicrni Iane shall be determined by a pavement thickness design prepared b1r a licensed professional engineer experienced in geotechnicaf soils analysis; 3) Al1 culverts for roads and driveways shalI be sized, wittr ttre sizes noted on the preliminary plan drainage study; 4) aff cul-verts shall- be designed suctr that the ends will not be crushed as a result of direct pressure; 5) Gicmo Lane wil] have a hard surface its entire lengttr, with materials approved by the County Road Sutrnrvisori 6) et least three, 8 foot profile holes will be ccrnpleted, dnd profile infonnation provided as a trnrt of the preliminary plan; 7) TtEt evidence of a 1egal and ad,equate source of water be provided at preliminary pIan, along wittr a coplr of ttre contract with the water conservancy district for evaluation b1l the County Attorney; 8) an analysis of the cost difference between a central water system and individual well-s; 9) A fire protection pfan that meets Cou:rty standards at a rninimun and is approved by the fire protection district; 10) a Bridge fee of $1000 trnr lot be sr:tnritted to the Planning Corrnission. Con. Drinkhouse stepped dovm as Chairman to second ttre motioni carried. I!:e l-ast item on ttre agenda was a Sketch Plan atrproval for Iaura Lee Subdivision, located 2 miles northwest of Silt on County Road 237 and 266i applied for by Bill Smith. BiJI Smith, applicant, Tim CaL1ahan, surveyor, and Terry Bownnn, Cou:ty Pl-anner, were present. Ms. Bor,man presented the project inforrnation from the Planning Cqmission. llhe atrplicant proSnsed to subdivide a 32.60 acre tract into six trnrcels of 2.5t 2.5, 2.5, 2.5t 4.2, and 18.4 acres each. Shared dqnestic wells and individual sept,ic systems were pro1rcsed. Itre access to the parcel would be strare in scrne cases fron bottr County Roads 237 and 256. rhe existing zoning was VRAD wittr ttre adjacent zoning ttre sare.