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HomeMy WebLinkAbout4.0 Resolution 2003-471111111 11111 1111 111111111111111111 111 1111111111111 631277 07/08/2003 01 38P B1490 P413 M ALSDORF 1 of 5 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, the 16th day of June, 2003, there were present: John Martin Larry McCown (not present) Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner . Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2003- 47 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION FOR NATIVE SPRINGS SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Jim and Paul Luginbuhl to develop an eleven (11) lot residential subdivision on approximately sixty-six (66) acres including an accessory dwelling unit on each lot for a total of twenty-two (22) units known as Native Springs Subdivision; and WHEREAS, Jim and Paul Luginbuhl received Preliminary Plan approval from the Board of County Commissioners for the same Native Springs Subdivision on February 4th, 2002 which is memorialized in Resolution 2002 - 11 and such resolution is superseded and replaced in full by this resolution; and WHEREAS, on June 11,. 2003, the Garfield County Planning Commission forwarded a recommended of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, the Board held a public hearing on the 16th day of June 2003 upon the question of whether the above-described Preliminary Plan should be granted 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 1111111' 1111111111111111111111111 lit 1111111111111111 631277 07/08/2003 01:38P 81490 P414 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board closed the public hearing on the 16th day of June 2003 to make a final decision; and WHEREAS, the Board 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 Commission and before the Board of County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners was 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. 5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution. 6. 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. 7. 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 to allow for development of an eleven (11) lot residential subdivision on sixty-six (66) acres including an accessory dwelling unit on each lot for a total of twenty-two (22) units known as Native Springs Subdivision with the following conditions: 1. That all representations made by the applicant in the application, and at the public hearing 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 peg nit 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 expense for 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, 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 SewageTreatment 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 1 • 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. The covenants should clearly state that no more than 500 square feet of lawn or garden shall be watered withthe 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 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 7th day of July , A.D. 2003. ATTEST: GARFIELD COUNTY BOARD OF COMMIS SIONERS, rk of the Board (7 GARFIELD CO OO COUNTY, Ur pon°Motion duly made and seconded the foregoin the following vote: John Martin Larry McCown Tresi Houpt pted by , Aye , Not Present , Aye STATE OF COLORADO ) )ss 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. 2003 County Clerk and ex -officio Clerk of the Board of County Commissioners