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Home My WebLink About4.0 Resolution 2008-42- ll I H,l llll Ul,!ll{,llll,ltfi ,t{11':ttllHl',l$t I I fill'l I I ll I ffff ?!ft:f H,3fffi .' ,;s, B lBE"dEE,, ELD couNr y co STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of tlre Board of County Commissioners for Garfield County, Colorado, heliin the Comiissioners' Meeting Room, Garfietd County Plaza Building, in Glenwood Spings on Mondan flecerrber lQth, 2007, therc were present: Commissioner Chairman IrnTrM"C.", ' Commissioner TtitiH",rpt -= 'Commissionercr*l]^Drhl*"r- . AssistantcountyAttorney ffi - .. .ClerkoftheBoard Edcro* "-- ''' -' " 'countYManager when the following proceedings, algong others were had and done, to'wit: RESOLUTION pg. 2008-42 A RESOLI.]TION CONCERNED WITTI TTIE APPROVAL OF A PRELIMINARY PIAI{ APPLICATION FOR IRONBRIDGE PLA}'INED UNIT DEVELOPMENT (PIID), PHASE m WHEREAS, the Board of County Comnrissioners of Garfield County, Colorado, received a preliminary PIan Ap,plication-from LB Rose Ranch, LLC to suMivide a46'29' acre property into sixty (60) residential lots; and WHEREAS, the subjectpropcrty is zoned PUD; and WHEREAS, on June 6o., 2007, the Garfield corurty Planning and-zoning Commission forwarded a recommeudation of approvat with conditions to the Board of Cormty Commissioners forthe Preliminary Plaq and WHEREAS, on March 10s, 2008, the Board of couuty commissio-ners opened a public hearing ulnn the question of whrther the Preliminary Plan should be grante4 -gr*ta *ttt toaitio*, or a*ira at which hearing the public and interested pennut i.r" gir* the opportrmity to express their opinions regarding the issuance of said Prelimirary Plan; and WHEREAS, the Board of County Commissioners closed the public hearing on the Ivlarch 10e, 2008 to make a final decision; aud l. _|!l"H H"ilq# t, !u r, !$, llll,: mllil, H t, Lh{, lil,c I I ll I @_411112@@8 @8:51:1@ A[ Jean Alberico2 of E Rec Fee:90.@@ 0oo Fee,ii.o6 eEFrtelo cOUNTy co 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: That proper publicatioq public notice, and posting was provided as required by law for the hearings before the Plaoning and Zoning Commission and before the Board of Counry Commissioners. That the public hearings before the Planning and Zomrr1Commission and the Board of Cormty Commissioners were ortensive and complete; all pertinent facts, matters and issues were zubmitted; 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 Cormty Subdivision Regulations of 1984, as amended. That the proposed subdivision of land is in compliance with the recommendatiorn set forth in the Comprehensive Plan for the unincorporated areas ofthe County. The proposed subdivision of land conforms to the Garfield Cormty 7-onngResolution of 1978, as amended. The proposed use is in the best interest of the health, safety and welfare of the citizens of Crarfield Cormty. NOW, THEREFORE, BE IT RESOLVED by the Boand of County Commissioners of Oarfield County, Colorado, that based on determination of facts set forth above, ttre Preliminary Plan request is ap,proved with the following conditions: I All representations of the Applicant either within the application or stated at the hearing before the Board of County Commissioners, shall gs considered condidons of approval unless othenrise modified by the Commissioa; 2 A geotechnical engineer shall b€ retained to inspec't and evaluate all raw grading surfaces, cut slopes, dirches, and any other excavations before covercd with stnrctural fill, topsoil, erosion blankets, formdation elements, etc, in order to insure, as best as possiblg that visible gorrnd and soil conditions that may indicate local ground subsidence will be discovered and addrcssed; 3 Site-specific foundation investigations shall be condusted for the individual sites; 3. 4. 2 lll lh ]lllt1,!ll{,[il,!|fi ,l{tliHHil,[+1,|fifl lfl 'l ll ll I ReceotionS: 748338 @4111'I?OOA @8:51:10 flM Jean Albericoi oi 6-nti Fte,SO.0o Doc F€e:@.00 GARFIELD CoUNTY C0 4 The Applicant shall disclose the potential risks to all futrue purchasers concerning potential settlement from collapsible soils and risk of spontaneous grcund openings related to evaporite karst phenomena; 5 Prior to the submittal of the Final Plat Application the Applicant shall demonstate compliance with the Approved Affordable Housing Escrow Agreement; 6 Drainage shall be added as a use of the side, ttar, and front easements on the plat; 7 Outlet protection shall be added to the drain system; 8 Erosion Contol Blankets shall be called out on the steeper slopes; 9 The applicant shall place the following plat notes on the final plat: a) "Colorado is a nRight-to-Farm" State pwsuott to C.RS. 35-3-141, et seq. Lotdowners, residents and visitors must be prepued to accept tlu activities, sights, sotmds and smells of Gorfield Cotmty's agriainral operations as a normal and necessry aspect of living in a Comtywith a strong rural character and a ladtlry raruhing sectot. All must be prepued to etwoltnter noises, odor, lights, mud, dust, smofu chemicals, machinery on public roads, livestock on public roads, storage ord disposal of mamre, and tlp application by sproying or otherwise of chemical fertilizers, soil anendntents, herbicides, and pesticides, any one or more of which nay ruttrally occur as a part of a legal and non- negligent agricultural operations. " b) "No o7nn luarth sotid-finl Jireptaces will be allou,ed arywhere within lhe strtdivision One (l) new solid-fuel bwning stove as delied by C.kS. 25' 7401, et. sew., and the regulations promulgated therewder, will be allowed in ory dwelling wit. All dwelling wits will be allowed an unrestricted ruanber of natwal gas bwntng stwes and appliances." c) "All owrurs of tand, whether ranch or residence, h,ove obligatiorts tmder State law and County regulatiow with regmd to the maintenance offences and inigation ditches, controlling weeds, kzeping livestock and pets wder control, using property in accordance with zoning, otd other aspects of using and maintaining proryrty. Residents and landowners Ne encouraged to learn abo* these rights and respottsibilities and act as good neighbors and citizens of the County. A good introductory sotrce for such informuion is "A Guide to Rural Living & Small Scale Agricultwe't prut out by the Colorado State University Extension Afice in GarfieldCounty." ill lltl H trltl, Flll,!{fi ,!|fi , ttlf, ll4llllt Hril{r illld I ll IReception$: 746338 04l11l2@@A 08:51: l0 AII Jean Blb6rioo4 of 5 Rec F66:$O.09 Doc Fce:@.O@ GARFIELD COUNTY CO d) "All exterior tighting witl be the minimum amorunt necessary and atl exterior lighting will be directed inward and downwqd towords the interior of the subdiyision, except that provisions may be made to allott, "for safety lighting that goes beyond the property boundmies." e) "One (1) dogwilt be atlowedfor each residential unit and the dog slall be retiuired to be conJlwd within the owner's proryrty boundaries. " 0 "Ihere are potential risb conceming settlement from collapsible soils and risk of spontaneous grorrrd openings related to evaporite larst phenomena. 10 The Applicant shall provide Statrwith a copy of the CDPHE Constmstion Stormwater Permit (or permit amendment) within 60 days of Pneliminary PlanApproval; I I The Applicant shall provide a copy of a Constnrstion Permit from CDPHE Air Pollution Control Division (or a letter from CDPIIE Air Pollution Contol Division stating a permit is not required) within 50 days of Preliminary Plan Approval ; l2 Constnrction on lot 24 is limited to shgle story development and shall be consEucted in compliance with the Revised Visual Impact Shtdy completed by Norris Desig4 dated May 2fr,2007; rtb Dated this I day or A{^/uL .A.D. 2008. ATTEST: llt H'l Htrltl,lll{,!llt,!llt,l,lll1l+rilHt t$il ht lll'l I ll I Receotion$: 746338 @4111't20rQe @8:51 ' l@ Al'l Jean Alberico5 of 5 R.c F6e:S@.@o Doc Faer@.@o GARFIELD COUNTY co Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Iohn Mattin ,AYe T,arrv McCown , Aye Tr6si Hount , Aye STATE OF COLORADO County of Garfield County Clerk and ex-officio Clerk ofthe Board of County Commissioners in and for the County and State aforesaid do hereby certiry that the anner(ed and foregoing Resolution is tnrly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WTINESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of A.D.2008 County Clerk and ex-officio Clerk of the Board of County Comndssioners ) )ss )