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HomeMy WebLinkAbout5.0 Resolution 2006-68• 111111111111111111111(111111111111111111111111111111111 701759 07/11/2006 04:16P B1819 P302 M ALSDORF 1 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 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 Plaza Building, in Glenwood Springs on Monday, June 19, 2006. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2006-68 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION FOR THE SILT HEIGHTS SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Terri Patrick to subdivide a 36 -acre property in to 4 residential lots and which property is located in the W 1/2 of the SW 1/4 of Section 27, E '/2 of the SE 1/ of Section 28, NW 1/4 of the NW 1/4 of Section 34, Township 5 South, Range 92 West of the Sixth P.M., Garfield County; and WHEREAS, the subject property is located in the ARRD Zone District; and WHEREAS, on December 14, 2005 the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on May 15, 2006, 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; and WHEREAS, the Board of County Commissioners closed the public hearing on the June 19, 1006 to make a final decision; and 1 1111111 11111 111111111111 1111 1111 11111IIII 11111111 701759 07/11/2006 04:16P B1819 P303 M ALSDORF 2 of 7 R 0.00 D 0.00 GARFIELD 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: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning and Zoning Commission and before the Board of County Commissioners. 2. That the public hearings before the Planning and Zoning 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. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. 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. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan request is approved with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, 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) One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. b) No open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 25-7- 401, et. sew., 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. '111E11111 1111 1111110111111111111 ILII • 701759 07/11/2006 04:16P 81819 P304 M AL5DORF 3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO c) All exterior lighting will be the minimum amount necessary and all exterior lighting will 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. d) No further divisions of land within the Subdivision will be allowed. e) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, 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. 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. D 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 of using 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) Based on the analysis of the sub -soils on the property, Individual Sewage Treatment System and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner. h) All streets are dedicated to the public but all streets will be constructed to standards consistent with Section 9:35 of the Subdivision regulation of 1984, as amended and repair and maintenance shall be the responsibility of the Homeowners Association of the subdivision. i) The mineral rights associated with this property (also known as Parcels 1, 2, 3, and 4 of the Silt Heights Subdivision) have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the 3 1 111111 11111 1111111 1111 ILI 1111 11611 III 11111 1111 1111 • 701759 07/11/2006 04:16P B1819 P305 M ALSDORF 4 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). ./) The water quality analysis as contained in the Water Supply Plan prepared by Zancanella & Associates on September 1, 2005 states that the water from the well was tested and found to have a poor quality, in that, it exceeded the maximum contaminant level for selenium turbidity, sodium, chloride, sulfate, total dissolved solids, iron, and fluoride. The analysis states that "treatment of the water will be necessary prior to human consumption." It is required that treatment of this water shall be achieved by a Reverse Osmosis (RO) type system. Due to excessive water consumption required by an RO system, all design flows for Individual Sewage Disposal Systems shall also be engineered to accommodate RO treatment systems. 3. The Applicant shall prepare an "Individual Sewage Disposal System Operation and Maintenance Plan" to be submitted to the Planning Department Staff for review prior to the public hearing before the Board of County Commissioners. This plan shall be incorporated into the covenants as part of the final plat application review. 4. The protective covenants shall assign responsibility for weed management along roadsides and in common areas to the Homeowners Association. The covenants shall describe how weed management shall occur on individual lots and be managed by each individual lot owner. 5. The Applicant shall provide a map or information (prior to final plat) that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will be held for revegetation. 6. The Applicant shall provide the revegetation security in the form of a separate letter of credit (amount determined by the County Vegetation Director) to Garfield County until vegetation has been successfully reestablished according to the County's adopted Reclamation Standards. The release of the security shall not occur until a formal opinion has been rendered by the County Vegetation Director as to the level of successful revegetation. This requirement shall be incorporated within the Subdivision Improvements Agreement (SIA). 7. The Applicant shall provide a "Soil Management Plan" to the County Vegetation Director for approval as part of the final plat submittal. This plan shall include 1) provisions for salvaging on-site topsoil, 2) a timetable for eliminating topsoil and/or aggregate piles, 3) a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 4 111111 1111111111111111111111111 1I Iii 1111111111111111 701759 07/11/2006 04:16P B1819 P306 M ALSDORF 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 8. The Applicant shall provide approved well permits for the wells that are to be drilled to provide water to the subdivision and an approved West Divide Water Conservancy District contract as part of the final plat documents. In addition, and prior to the signing of the final plat, all physical water supplies shall demonstrate the following: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 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, a legal, well sharing declaration 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 these costs; g) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 9. The Subdivision Improvements Agreement (SIA) as well as the protective covenants shall provide that the irrigation water rights / ditch shares currently assigned to the property are conveyed to and owned by the Homeowners' Association (HOA). All related easements shall be shown on the final plat and dedicated to the HOA. 10. The Applicant shall pay the Traffic Impact Fee to Garfield County to be calculated and paid prior to recordation of the final plat. 11. The Applicant shall pay the cash -in -lieu for the School Site Acquisition Fee for the RE -2 School District of $200 per dwelling unit prior to recordation of the final plat. 12. The Applicant shall incorporate the following provisions into the protective covenants and as plat notes regarding fire protection for the subdivision: a) All new residential dwellings shall be required to install fire suppression sprinkler systems that are consistent with the design requirements of the Rifle Fire Protection District, the International Fire Code, and NFPA standards. The design and inspection of such sprinkler systems shall be approved by the Rifle Fire Protection District; b) Vegetation should be removed from near any structures in order to provide a safe zone in the event of a wild land fire; 5 11111111 1i1111i111111i11111 Ilii Alli 111111i11i1i 1111 • 701759 07/11/2006 04:16P 81819 P307 11 ALSDORF 6 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO c) When constructing access roadways into the parcels, consideration should be given to the weights of fire apparatus and accessibility during adverse weather conditions; d) The address of the properties are to be posted where the driveway access the County Road and on the residence itself if a shared driveway if used. Letters are to be a minimum of 4 inches in height, 1/ inches in width and contrast with background colors, 13. Should crossings of the Farmers Irrigation Ditch be required to access building sites, the crossings shall be approved by the Silt Water Conservancy District. Proof of this approval shall be submitted with any building permit application. 14. The applicant shall apply for a driveway access permit issued by Garfield County Road & Bridge Dept. and comply with the conditions of the permit. This shall include a paved apron at the driveway approach to CR 259 and a stop sign. The stop sign and the installation shall be as required by the Manual on Uniform Traffic Control Devices. Dated this 10th day of July , A.D. 2006. ATTEST: Cle saf the.44-4- tird GARFIELD COUNTY BOARD OF COMMISSIONERS, GA' "'i COUNTY, CO Upon motion duly made and seconded the forego' Resolut.•. : •pted by the following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO )ss County of Garfield 6 , Aye , Aye , Aye • • 1 111111 11111 1111111 1111 1111 1111 11111111 IN 1111111111111 701759 07/11/2006 04:16P 61819 P308 M ALSDORF 7 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 2006 County Clerk and ex -officio Clerk of the Board of County Commissioners 7