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Home My WebLink About5.0 Resolution 2002-11tI41111111111111111 1111111 11111 111111111 1111!. 111th 596P751)0.?,/.0V14,212} 0� ;;. 1 P461 M ALSDORF 1 of : 5 R ! C.. 0fb' D 0.0m GARF TEL 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 Courthouse, in Glenwood Springs on Monday, the 4th day of February A.D. 2002, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green when the following proceedings, , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator among others were had and done, to -wit: RESOLUTION NO. 2002 = 11 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE NATIVE SPRINGS SUBDIVISION. WHEREAS, Jim and Paul Luginbuhl filed an application with the Board of County Commissioners of Garfield County for approval of the Preliminary Plan for the Native Springs S ubdivision; and WHEREAS, the Garfield County Planning Commission reviewed the Native Springs Subdivision Preliminary Plan application and recommended approval to the Board of County Commissioners; and WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting was provided as required bylaw for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. Ah' 11111111111111111111111111111111 IIIIf 111 11111 1111 1111 596975 02/06/2002 12:01P B1327 P462 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 4. That th.e proposed subdivision of)an is ip co,mtplia ce with t -eco the Comprehensive Plan for the ifininc,or1icirg.td a �a�df't <c- o mendations set forth in L:!i1H 5. That all data, surveys, analysis, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found 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 set forth herein, the proposed subdivision 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 that the Preliminary Plan for the Native Springs Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations made by the applicant in the application, and at the public hearings before the Planning Commission and the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The recommendations of the Road & Bridge Department (including moving the fence and obtaining an access permit) shall be followed. A copy of an approved access permit shall be submitted prior to approval of any final plat. The historic agricultural access along the eastern boundary of the property shall be abandoned, removed, and restored. 3. All roads and addresses shall be clearly marked so that they are visible from the road. The covenants shall also state this. 4. The covenants shall be amended to clearly state that the HOA may assess monies for road maintenance, and the HOA shall conduct said maintenance. The following correction shall be made to plat note #4: "That all street maintenance and associated expenses, shall be furnished by the Native Springs Subdivision Property Owners Association, Inc., not by the County of Garfield." 5. Prior to approval of the final plat by the Board of County Commissioners, the section of covenants that addresses revegetation shall be amended so that a particular party, such as the Homeowners' Association shall be made responsible for implementation of the revegetation plan. Plat note #7 shall be amended to state: "The individual lot owners shall be responsible for control of noxious weeds on their property. The Native Springs Subdivision Property Owners Association, Inc., shall be responsible for control of noxious weeds on all common areas. 6. The location of all wetlands shall be surveyed and shown on the plat and construction plans as necessary. A note shall be included which prohibits disturbance of the wetlands, 111111 11111 111111 1111 1111 1111111111111 III 11111 1111 1111 596975 02/06/2002 12: 0 1P B1327 P463 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO and protections shall be put in place to prevent disturbance during construction. 7. Prior to approval of the final plat by the Board of County Commissioners, the drainage plan shall be amended to address all concerns of Resource Engineering. 8. Prior to building, each lot owner shall obtain a professionally prepared (by a licensed engineer in the State of Colorado) grading and drainage plan which ensures positive drainage away from built structures, and ensures protection of the ditch to prevent erosion and sedimentation on lots 1, 3, and 11. The covenants and plat shall include an appropriate disclosure. 9. All recommendations made by Hepworth-Pawlak shall be followed. Site- specific studies shall be conducted for individual lot development, and a plat note and the covenants shall state such. The following shall be included on the plat, and in the covenants: "Site specific studies for individual lot development shall be conducted by a registered professional engineer within the State of Colorado. These studies shall include drainage and grading plans, Individual Sewage Treatment System design, foundation design, and underdrain system design. The cost of these studies shall be borne by the individual property owner." 10. Prior to approval of the final plat by the Board of County Commissioners, written approval and acceptance of the 30,000 gallon central water supply from the Rifle Fire Protection District shall be submitted; the plats and covenants shall include a note requiring final approval of all individual fire sprinkler systems by the Rifle Fire Protection District. 11. All recommendations made by the Division of Wildlife shall be followed. 12. No more than a total of 3 cattle and/or horses shall be kept on each lot. The covenants shall clearly state this. 13. All applicable fees shall be paid prior to approval of the final plat. 14. The covenants/plat notes shall be amended as follows: a.) Plat note #13 states ownership of the mineral rights lies with the Greens. This note, and the covenants, should be expanded to disclose the future possibility of mineral exploration and recovery on the property. This disclosure must also be provided at the time of closing. b.) The covenants should clearly state that no more than 500 square feet of lawn or garden shall be watered with the domestic well water. All additional landscape irrigation must be achieved from legal sources. 15. Prior to approval of the final plat by the Board of County Commissioners, the applicant shall provide a letter from the State Engineer's Office of "no material injury" in light of the questions raised in the staff report, and shall provide proof of adequate irrigation 1 111111 11111 111111 1111 1111 11111111111111111111111111111 596975 02/06/2002 12:01P B1327 P464 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO water rights to support the proposal. 16. Welts shall be properly designed and constructed so as not to draw from shallow groundwater, and no well shall be shallower than seventy (70') feet. Each and every well shall be drilled, pump tested, and water quality tested (for nitrates, nitrites, bacteria, phase II and -V inorganics, radiation, and dissolved solids). No final plat shall be approved until the results meet the subdivision requirements and satisfaction of the Board of County Commissioners. 17. The covenants shall be amended to clearly state that property adjacent to the subdivision is zoned commercially. The adjacent commercial zoning shall be disclosed to potential lot purchasers at the time of closing, who should be fully prepared to accept any impacts the commercial zoning may present. 18. Conventional ISDS shall be prohibited. ISTS (individual sewage treatment systems) shall be used. The Covenants shall be amended accordingly. Similar provisions shall be made regarding maintenance of the ISTS as in other approvals of ISTS in the County. Dated this 4th day of February , A.D. 2002. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Ch tion was adopted by [[pon motiqduly made and seconded the fore: oing Reg). The following vote: Commissioner John Martin Commissioner Larry McCown ,nay ,aye Commissioner Walt Stowe ,aye STATE OF COLORADO County of Garfield I, ) SS , County Clerk and ex -officio Clerk of the Board of County 1111111 HIll 1111111111111111111111111111111111111111111 596975 02/06/2002 12: 01P 81327 P465 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Commissioners in and for the County and State aforesaid do hereby certify that the foregoing Resolution is truly copied from Records of Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNES S THEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2002. County Clerk and ex -officio Clerk of the Board of County Commissioners