HomeMy WebLinkAbout6.0 Resolution 2004-15 Preliminary Plan ApprovalIllltil l]il lllL]ilI llt illlllillllt ilt llilil]ll]
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':: County of Garfield ]tt
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 llh day of January,ZO} ,there were present:
John Martin , Commissioner Chairman
l>
Larrv McCown . Commissioner
Trdsi Houpt , Commissioner
Don DeFord , County Attomey
Mildred Alsdorf
Ed Green
, Clerk of the Board
, County Manager
whenthe following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2OO4-15
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR
THE RANCH AT COULTER CREEK PLA}{NED I.INIT DEVELOPMENT SUBMITTED BY
SLC-LAWRENCE, LLC
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
(hereinafter "Board") received a Preliminary Plan application from SlC-Lawrence, LLC
(hereinafter "Applicant") to subdivide approximately 479 acres of land into 1) twenty-six (26)
residential lots comprising 156,45 acres, 2) internal roads comprising 18.10 acres, 3) common
open space comprising 291.51acres, 4) ranch facilities building envelope comprising 7.57 acres,
and 5) a utility zone comprising 2.41 acres; and
WHEREAS; the property subject to this resolution is described as Lot 5 of Section 1, in
Township 7 South, Range 88 w of the 6tr P.M., wli2sEl/4, E1/2Sw1 14 andlots 6, 7 and 8 of
Section 6; N1/2N81/4, SWl/4NEll4 and NEl/4NWll4, of Section 7, all in Township 7 South,
Range 87 West of the 6m P.M., Garfield County, Colorado; and
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WHEREAS, the Applicant received Preliminary Plan approval from the Board of County
Commissioners for the same Ranch at Coulter Creek Subdivision on June 2"d,2003 which is
memorialized in Resolution 2003 - 4i and such resolution is superseded and replaced in fullby
this resolution; and
WHEREAS, the Applicant received Planned Unit Development approval from the Board
of County Commissioners for the same Ranch at Coulter Creek Subdivision on January 12ft,
2004; and
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WHEREAS, on December 10th, 2003, the Garfield County Planning Commission
- forwarded a recommendation of approval with conditions to the Board of County Commissioners
for the Subdivision Preliminary plan request; and
WHEREAS, the Board held a public hearing on the l2b day of January , 2004, upon the
question of whether the above described Preliminary Plan should be granted or denied, at which
hearing the public and interested persons were gtven the opportunity to express their opinions
regarding the Preliminary plan; 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 were extensive and complete; all pertinent facts, matters and issues were
submitted; and that all interested parties were heard at those hearings.
3. That the application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984, as arnended.
4, That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan of 2000 for the unincorporated areas of the County.
' 5. The proposed subdivision of land conforms to the Garfield County ZonngResolution of
1978, as amended.
6. That all dat4 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 requireraents 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, THFREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield 9orlty, Colorado, that based on determination of facts set forth ub-orr., the Preliminary
Plan for the Ranch at Coulter Creek Subdivision be approved to subdivide approxim ately 479
acres of.land into 1) twenty-six (26) residential lots comprising 156.45 acres, i) internal roads
comprising 18.10 acres, 3) common open space comprising 2gl.5l acres, 4) ranch facilities. building envelope comprising 7.57 acris, *a S; autility rori..o-prising 2.4i acres subjectto
the following conditions:
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646147 g2/46/2004 11:28fi 81559 P437 tl RLSDORF3 of 10 R O.O0 0 0.O0 GRRFIELD COUNTY C0' 1. That all representations made by the Applicant in the application and as testimony in thepublic hearings before the Planning & Zontng Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the Board of
County Commissioners.
2. The Applicant shall include in the Protective Covenants for the Subdivision the following:
The view shed setback Line for Lots ll,12,13,14,ls & 16 shall be addressed.
The following wildlife habitat mitigation measures shall be incorporated:
Fencing shall be kept to a minimum and follow the cDow fencing
recofilmendations.
If hay witl be stored on site, a stack yard shall be constructed to keep wildlife
out.
The open space and adjacent to BLM land shail be closed to dog use during
the winter months. Dogs shall always be on a leash outside or tne housifootprint. The number of dogs per residences should be limited to one.
During construction of the residences, contractors should not be allowed to
have dogs on site.
Since cats are a major predator to small rodents and birds, cats should be kept
indoors at all times.
CDOW is not liable for damages to landscaping from wildlife.
The homeowner's should install bear-proof dumpsters or trash bins.
The cDow shall be allowed on the properry for the purpose of bear and lion
control. Hunting in this circumstance only shall be allowed.
Reference or incorporate the Wildfire Hazard Mitigation Plan and Wildfire
Hazard Analysis.
3. The following geologichazardmitigation measlres shall be adhered:
The recommendations by Hepworth-pawlak GeotechnicaJ, lnc. (,,Hp GeoTech,,)
outlined in the Preliminary Geotechnical Study for the Subdivision dated February28, 2003, [Job No. 103 115] shall be adhered. These preliminary Design
Recommendations include provisions for foundations, floor slabs, under-drain
system, site grading, surface drainage and pavernent subgrade.
In addition to the drain systems for foundations recofilmended by Hp GeoTech, dueto the presence of swelling clay soils, perimeter drains should be installed around
foundations. Perimeter drains prevent excessive ground moisture from saturating the
soils and.thus reduce the over potential for expansion or consolidation.
D-ue to the possible presence of radon gas in the area, testing for radon gas shall be
done when the residences and other occupied structures have b".n complelea, priot to
the issuance of a Certificate of Occupancy.
A.
B.
11.
111.
A.
B.
C.
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4.
5.
't.
The Applicant shall comply wrth the recommendations of the Garfield County Road and
Bridge Deparknent, dated ApiI2,2OO3, except for intemal culverts which shall comply with
the recommendations outlined in the Drainagi Report prepared by Sopris Engineering,;;^;C.
datedFebruary 7,2003.
Prior to Final Plat submittal, the Applicant shall finalize,with the Carbondale and Rural Fire
Protection District, the locations fo.r pull-outs for ernergency vehicles. These pull-outs shall
be delineated on the Final Plat.
6. The roads / skeets shail comply with the "Rural Access" standards outlined in section 9:30 of
the Subdivision Regulations.
Prior to Final Plat, the Applicant shall submit a copy of the final '\rildfire hazard mitigationplan" that has been reviewed and signed otr by both the Carbondale and Rr:rJ Fire
Protection District and the Garfield county SherifPs Deparhnent.
Prior to the recording of the Final Plat, the Applicant shall provide a written approval of the
signed and recorded Resolution by the Carbondale and nurA Fire Protection biskict Board
regarding the annexation of the property into the Fire Disfict, as well as the court order to
include the property within the District boundary.
9. Prior to installation of an antenna(s) for the puqpose of improving emergency radiocommunication for fire fighters and' other emirgin.y p.r.onnel, the Fire Diskict or
designated entity shall obtain a speciar use permit *ith tt e bounty.
10. An Easement Agreement shall be submitted at the time of Final Plat for the Fire District,s
antenna site and access drive.
11.The Applicant shall provide the following weed management information for review and
approvai by the Garfield County Weed Management Dirictor prior to the submittal of Final
Plat:
A. Noxious Weeds:
|nventory and mapping: The Applicant shall provide a map that represent specific
locations of County-iisted noxious weeds on the property.
weed Management: The Applicant shall provide a weed management plan
should be based on a detailed inventory and provide for follow-up management.
Common area weed management: The Coulter Ranch Homeowners Associationwill implement weed management on the common open space within theproperty. In addition, amangements have been made with a local rancher toperform agricultural operations on the property. If weed management does not
gccur on the property, there could be severe weed management isiues on the areas
that were previously used for hay production. The Applicant shall address this
11.
iii.
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iv. Covenants: Weed management is addressed in the covenants briefly under
Article IV, Section 2. The Applicant shall include stronger language, perhaps
under Article fV, Section 6. The language should remind each lot owner that it is
their responsibility under the Colorado Noxious Weed Act and the Garfield
County Weed Management Plan to manage County-listed noxious weeds.
B. Revegetation:
i. The revised Revegetation Guidelines from the Garfield County Weed
Management Plan calls for the following:
a) Plant material list.
b) Planting schedule.
.i A map of the areas impacted by soil disturbances (outside of the building
envelopes)
d) A revegetation bond or security shall be determined at Final Plat and paid
prior to Final Plat submittal.
ii. Prior to Final Plat, the Applicant shall provide a map or information that
quantifies the area, in terms of acres, to be disturbed and subsequently reseeded
on road cut and utility disturbances.
C. Soil Plan:
i. The Revegetation Guidelines also request that the Applicant provide a Soil
Management Plan that includes:
a) Provisions for salvaging on-site topsoil.
b) A timetable for eliminating topsoil and/or aggregate piles.
c) A plan that provides for soil cover if any disturbancis or stockpiles will sit
exposed for a period of 90 days or more.
12. The property is located within the RE-l School District. The Applicant shall pay the School
Land Dedication Impact Fee or pay cash-in-lieu of that land dedication which shall be due at
the time of Final Plat submittal. The total impact fee amount shall be determined prior to the
submittal of the Final Plat.
13. The proposed subdivision is located in the Garfield County Traffic Study Area 11. The total
impact fee payment shal1 be determined prior to Final Plat. The fee shall be calculated in
accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road
impact fees shall be collected at the submission oi pirral Plat for the Subdivision. A11 other
road impact fees will be collected at the issuance of a building permit. However, the Board
of County Commissioner will waive all the road impact fees, if the Applicant agrees to
upgrade and improve and provide a chip-seai surface on County Road 115 from the west
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' entry of the Subdrvlslon to-the mtersection with County Road 121 and the short segment of
County Road 121 between the intersection with County Road i 15 and the point where the
existing chip-seal surface ends (approximately 1.7 miles). A1l improvernents shall be done in
accordance with County road standards and must be approved by the County Engineer and
the Road and Bridge Department.
14. The following additional information shall be delineated on the Final Plat:
A. The View Shed Setback Line along the west side of Lots 11, 12, 13,14,15 and 16.
The Landslide Boundary and the evaporate deformation faults.
Tracts B and C shall eliminated or reconfigured to increase the lot size of these fracts
to a minimum of 2 acres.
The final locations for the pull-outs for emergency vehicles.
The easement for the Fire Diskict antenna site and access to the site.
15. In addition to other required conditions of approval, the Applicant shall include the following
plat notes on the Final Plat:
A. Building perrnit applications for each lot shall include plans and specifications for an
onsite wastewater treatment systan. Each system shall be designed by a State of
Colorado registered engineer and must be approved pursuant to the Garield County
Individual Septic Disposal System (ISDS) ieg.rtatlons before a building permit wiil
be issued. The type, size and location of each individual on-site wastewater system' (OWS) will be site-specific based on existing Garfield County and State ISDS de.igncriteria and required site-specific geo-technical evaiuations. The soit
absorptioi/dispersal systerns should be located within the building envelope on each
lot as identified on the Finai plat.
Historical drainage patterns shall be maintained on the property. No structures or
uses shall be located within the natural drainage way on the property
Development on 40Yo slopes or greater is prohibited on the rots.
D. Swelling soils, clay and claystone, are present on the
may be necessary to build on a lot.
Appropriate
All_exterior lighting wiil be the minimum amount necessary and all exterior lighting
willbe directed inward, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
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.
C.
D.
tr
B.
C.
F.
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G. No open hearth solid-fuel firepiaces will be allowed anyvvhere within the subdivision.
One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-407, et. seq., and the
regulations promulgated there under, will be aliowed in any dwelling unit. All
dwelling units will be allowed an umeskicted number of natural gas buming stoves
and appliances.
H. 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 nonnal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. A11 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, ffid the application by spraying or otherwise of chemical
fbrtilizers, 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.
I. All owners of land, whether ranch or residence, have obligations under State law and
Courlty 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
inkoductory 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.
16. The Board of County Commissioners accepts the reconlmendation of the State Enginee,r's
Office detailed in the May, 29, 2003,letter of Kenneth Knox. Prior to Final Plat approval,
the Applicant shall provide the County with a copy of a final Water Court Decree for the plan
for augmentation for the Subdivision as stated in the letter dated May 29,2003 from the
office of the State Engineer. Prior to recording of the Final Plat, the Applicant shall provide
the County with copies of approved well permits for each well which is to be part of the
water supply system. In the event that the Applicant intends to drill additional wells, or
different welIs, than those which have already been pump tested and found to provide an
adequate water supply by the Zancanella and Associates' report now in the record, then, as
part of the Fina1 Plat approval process, the Applicant shall provide test results which
demonstrate, to either the office of the State Engineer or to a private consultant retained by
the County at the expense of the Applicant, that such additional or different wells will
provide an adequate physical supply of water to the Subdivision. The Applicant agrees to
pay for the services of a private consultant to the Board of County Commissioners to review
the Zancanella and Associates' report regarding already drilled wells should the State
Engineer not clariff its lack of comments on the physical adequacy of the water supply in the
May 29,2003,1etter.
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L7. All conditions of approval contained in Resolution No. 2OO3-41as approved by the Board of
County Commissioners (except that condition #7 therein shall be eiiminated and as such is
not listed among these conditions) shall also be conditions of approval for this application
and will be included in a new resolution that shall be superseded and replacea i1iutt ty a
new resolution containing these conditions listed herein.
18. The Applicant shall provide a Deed of Easement dedicating a.perpetual access easement over
and across all roads within the subdivision allowing unfettired access for all applicable
emergency services personnel. These easements shall be dessribed and shown oo A" finul
plat with the following plat note:
a. All streets, yoads, and open space parcels as depicted on the accompanying plat are
hereby dedicated and set apart to the Ranch at Coulter Creik Hoieowner's
Association, a Colorado not-for-profit corporation, for the use of the members and
guests thereof subject to:i. The right of appropriate public utility companies to utilize said streets and
roads as utility easements; andii. The right of atl emergenq) vehicles to make use of such streets and roads in
all r eas onable circumstances.
19. Resolution No. 2OO3'3 of the Carbondale and Rural Fire District, which conditionally
approved annexation of a portion of the Ranch, requires that the developer grant the District
an access and utility easement for the radio antenna site. This easement was intended to run
from the public roads to the antenna site. The applicant shall provide the Carbondale and
Rural Fire Protection District a perpetual non-exclusive easement from County Road 115 to
the antenna site.' The applicant Jhall provide the language of such an easement to the District
in order to be negotiated and approved by the District prior to approval of the final plat. This
easement would allow access by Fire district personnel, contraliors, or subconkactors to the
antenna site for all uses of the antenna site, including installation and maintenance.
20. The
.
waler system described in the engineering report (Attachmen t 12) refers to thepreviously proposed water system and does not match the current master "titity drawings.
The current drawings contain a note "see Mclaughlin Rincon drawings for details of pnip
station and storage tank installation". Since the Mclaughlin Rincin drawing. *i notincluded in the. submittal, the applicant shall provide the Carbondale and Rural Fire
Protection District with the referred to "Mclaughlin Rincon drawings,, for review and
approval prior to final plat approval.
21. The Applicant shall incorporate the recommended changes to the Declaration of protective
Covenants proposed by Lisa Tasker and Dawn Keating regarding the Harrington,s
penstemon as included in their memo to Tim Malloy dated October 23,2003. AccordIngly,
The Applicant shall provide the County Vegetation Manager with a map of the occurrences
of Harrington's penstemon in 2004. These changes the covenants are included below:
?442 n
COUNTY
a)
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..the Architectural Committee shall exercise its judgment to attempt to preserve
the natural characteristics of each Lot, including trees, vegetation, particularly the
H arrington's p ens t emon, Md the natural setting.
Pase 9. 8. b. Defensible Space:
(ix) When implementing a plan to reduce flammable material around structures,
survey the area to be treatedfor the Harringtonb penstemon and avoid removing
or trampling it.
Page 12. 12. Domestic Animals:
...horses may be kept in a stable and a small corral upon any Lot so long as the
corral is not in a location that the Harrington's penstemon has been rnapped. If
the penstemon has beenfound, the location of the corral shall be altered in order
to seek to avoid the penstemon.
d) Page 13. 3. Underground Utilitv Lines:' A11 water, electrical and telephone lines, within the Subdivision,.shall be buried
underground beneath Subdivision roads and driveways or in such other locations
that shall seek to avoid the Harringtonb penstemon, and shall not be carried on
overhead poles...
e) Pages 14 - 15. 7. Individual Sewage Disposal Systems:
Each ISDS shall be designed and located to minimize tree rernoval, seek to avoid
the Harringtonb pensternon, axrd changes to the natural contours of the land.
0 Page 15. 8. Trees and other Sienificant Plants:
All construction...shallseek to avoid the Harrington's penstemor, minimizet}re
rernoval, and maximizethe preservation, of kees...
g) Page 15 - 17. Additionai Restrictions on Lots:
Add 10. Construction Management. In order to protect the Harringtonb
. penstemon and other native vegetation, all construction activity, storage of
materials, fill and debris, parking of vehicles and equipment shall occur within
the building envelope.
22.T\e Applicant shall provide the most current brochure regarding the Fisher Creek Special
. Management Area to future lot purchasers as part of the closing documentation.
b)
c)
Dated this J,n-L dav ot !+L , A.D. 2004.
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ATTEST: GARFIELD COLTNTY BOARD
COMMISSIONERS, GARFIELD COTTNTY,
COLORADO
Chairman
Upon motion duly made and seconded the
vote:
John Martin Arra, r LJv
Lur.v McCown a
-t
tLAye
AyeTr6si Houpt
the following
STATE OF COLORADO
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 certiff 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 WTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of 4.D.2004
county clerk and ex-officio clerk of the Board of county commissioners
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