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HomeMy WebLinkAbout8.0 Resolution 2003-6711!IftIlIII 11111111111111 I 1111111111111111111111 636574 09/15/2003 04: 15 822 M ALSDORF 1 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) • tziLc 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 4th day of August, 2003, there were present: John Martin Larry McCown 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. 2 0 0 3 - 6 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR VALLEY VIEW VILLAGE PLANNED UNIT DEVELOPMENT, SUBMITTED BY DARTER, LLC. ON BEHALF OF EDWARD AND IDA LEE HOAGLUND WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Darter, LLC. on behalf of Edward and Ida Lee Hoaglund, property owners, to subdivide approximately 36 acres of land into 47 lots consisting of 119 units (single-, two- and multi -family dwelling units); and WHEREAS, the property subject to this resolution is described as a parcel of land in Township 7 South, Range 95 West of the 6th P.M., Section 18: SE 1/4 NE 1/, except that portion conveyed to the Board of County Commissioners, Garfield County, Colorado, by instrument recorded in Book 561 at Page 675, Reception No. 310152; and WHEREAS, on June 11, 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 4th day of August, 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 Preliminary Plan; and 1111.11111111111111111111111111111111111 III 1 1111 1111 11 11 636574 09/15/2003 04:24P 81518023 M ALSDORF 2' of '8 ,R 0.00 D 0.00 GA•LD NTY CO 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 posting and public notice was provided, as required, for the hearing before the Planning Commission; 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 4. That the application is in conformance with the 1978 Garfield County Zoning Resolution, as amended; 5. That the application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. 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 of the Valley View Village Planned Unit Development be approved subject to the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 2. At the same time the First Final Plat is submitted, the Applicant shall submit an Exemption Plat for the created two tracts: 2 acres (owned by Garfield County) and 36 acres (the subject of this approval), which was approved by the County pursuant to Resolution No. 82-327. Upon approval by the Board, the Exemption Plat shall be recorded at the same time as the First Final Plat. 3. The Applicant shall modify the Protective Covenants to reflect the wildlife habitat mitigation measures recommended in the Wildlife Report dated August 18, 2002, prepared by Kirk Beattie of Beattie Natural Resources Consulting, Inc. in the Wildlife Report, and the recommendations of the Colorado Division of Wildlife as follows: A. Some details contained in the Wildlife Report ("Report") prepared by Beattie Natural Resource Consulting, are different than those proposed in the Covenants for the subdivision and shall be modified unless otherwise noted below. ' 1 111111 11111 111111 11111 111111 11 11111111 111 11111 1111 1111 636574 09/15/2003 04:24P B1518 � M ALSDORF 3 of 8:R.0.00 D 0.00 GARFI• C Y CO B. On page 20 of the Report, garbage containers are addressed in a different manner than is proposed in Item 5.23 of the Covenants. The CDOW supports the language and intent in the Covenant. C. CDOW believes that controlling dogs per Item 5.13 of the Covenants is preferred over those measures proposed in the Report (page 20). D. Cats shall also be included in the Covenants. E. CDOW endorses the provisions of the Covenants to facilitate wildlife movement in the subdivision. F. Item 5.23 of the Covenants prohibits hunting. It will not be necessary to indemnify CDOW as proposed in the Report (page 20). G. CDOW agrees that the homeowners association should own and maintain the common open space. Maintaining wildlife cover and forage in the common open space will help to mitigate most of the negative impacts to wildlife associated with the project. The open space corridors should also be maintained in this manner. Proposing that individual lot owners manage the corridors does not assure that the area will remain productive wildlife habitat. H. Clarifying the discrepancies mentioned above and adding the CDOW suggestions into the Valley View Subdivision Preliminary Plan will mitigate most of the negative impacts to wildlife. • 4. Prior to recording of the First Final Plat, the exchange of deeds for the 50' gas line by Public Service Company / Xcel Energy, the County and the landowners, shall be executed and recorded 5. Pursuant to section 4.09.01 of the Zoning Resolution, the Applicant shall begin development within one year from the time of final approval. Prior to the recording of the First Final Plat, a copy of the annexation documentations shall be provided to the County. 7. The following geologic hazard mitigation measures shall be adhered, as well as Plat notes and in the Protective Covenants: A. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech") outlined in the Preliminary Geotechnical Study for the Subdivision dated September 16, 2002, [Job No. 102 526] shall be adhered. These Preliminary Design Recommendations include provisions for foundations, floor slabs, under -drain system, site grading, surface drainage and pavement subgrade. B. In addition to the drain systems for foundations recommended by HP GeoTech, due to 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 overall potential for expansion or consolidation. 1 111.111111111111111111111111111 111111111111111111111111 636574 09/15/2003 04:24P 61518,25 M ALSDORF 4'of:8.R 0.00 D 0.00 GA•LD NTY CO C. Due 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 been completed, prior to the issuance of a Certificate of Occupancy. • • D. Once the grading plan has been completed on site, the drainage report shall be updated to account for new cross-sectional profile of the drainage. If a new channel cross-section changes the flow velocities within the drainage, some type of slope reinforcement may be necessary to prevent erosion along the length of the fill slope. 8. Prior to the First Final Plat, the Applicant shall comply with the recommendations of the Garfield County Road and Bridge Department, dated April 2, 2003, listed below which are applicable at the First and applicable Final Plat. The remainder of these recommendations shall be incorporated within the Access Permit obtained from the Road and Bridge Department: A. The deceleration lane for the entrance to Valley View Drive from South Battlement Parkway shall have proper signage to indicate traffic exiting South Battlement Parkway. A stop sign shall be required at the exit from Valley View Drive onto South Battlement Parkway. B. On the downhill lane of South Battlement Parkway at the exit of Valley View Drive, a sign designating the intersection shall be installed. C. It was agreed upon during the site visit on April 10, 2003, that a deceleration lane from Stone Quarry Road was not needed for the entrance to Valley View Drive. D. A stop sign shall be required at the exit from Valley View Drive onto Stone Quarry Road. There shall be an intersection sign placed on both traffic directions of Stone Quarry Road warning of traffic entering and exiting from Valley View Drive. E. The cross walk on Stone Quarry Road shall be located as agreed to on the site visit (adjacent to Stone Quarry Road). A portion of the guardrail of Stone Quarry Road may be removed to accommodate cross walk. There shall be flashing lights and proper signage warning traffic traveling in both directions on Stone Quarry Road of the cross walk. This crosswalk shall be delineated on the First Final Plat. F. Proper work zone signage and traffic control shall be required for all work being performed on South Battlement Parkway and Stone Quarry Road and of construction vehicles entering and exiting project. G. All signage and flashing lights shall meet standards and installation guidelines as set forth in the Manual on Uniform Traffic Control Devices. H. Driveway access permits will be issued with provisions specific to the permits upon final approval of the subdivision. 9. Pursuant to section 9:34 of the Subdivision Regulations, all streets / roads within the subdivision shall be dedicated to the public, except those private driveways within the multi -family lots (i.e. Angelica Circle, Jessica Lane and Bryan Loop). 1 111111 11111 111111 11111111111 11 1111111 111 1 1111 lilt 1111 636574 09/15/2003 04:24P B1518 PPLSDORF 5 of 8 :R 0.00 D 0.00 GARFIS COW11 1' CO Repair and maintenance of these streets / roads shall be the responsibility of the incorporated Homeowners Association. This shall be reflected in the Protective Covenants. • • 10. The project shall provide for 9 acres of Common Open Space (25% of 36 acres) as required pursuant to 4.07.09 of the Zoning Resolution. 11. Prior to First Final Plat, as agreed upon by the Grand Valley Fire Protection District, the Applicant shall address and provid written confirmation that the items outlined in High Country Engineering's letter dated May 30, 2003 have been resolved as agreed upon. 12. Prior to the submittal of First Final Plat, the Applicant shall provide the following weed management information for review and approval by the Garfield County Weed Management Director: A. Noxious Weeds: i. Weed Management: The Applicant inventory list provided by the Applicant lists the presence of Diffuse knapweed and Plumeless thistle. These are weeds that should be treated immediately when found. Prior the Board of County Commissioner review of Preliminary Plan, the Applicant shall provide for noxious weed treatment and thus prevent seed production before any earthmoving commences. ii. Common area weed management: The Applicant shall designate weed management responsibilities for common areas, including roadsides, open spaces, and the asphalt bike / pedestrian trail. iii. Covenants: It is common for vacant lots in Battlement Mesa to become infested with Russian knapweed. Due to the number of lots, it creates a staffing problem for the County in attempting to conduct enforcement. The Applicant shall incorporate language in the covenants that will require vacant lot owners to manage noxious weeds under Colorado law. The Applicant shall provide language into the covenants that will give the Homeowners Association the authority and responsibility to access vacant lots with unattended county -listed noxious weeds for treatment costs. 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. 11111111.111111111111111111111111111111111111111CAL 636574 09/15/2003 04:24P B1518 P8 M RLSDORF 6 'of .8 R 0.00 D 0.00 GARFI•CO CO c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security shall be determined at First Final Plat and paid prior to First Final Plat submittal. ii. Prior to First Final Plat, the Applicant shall provide a plant material list. The Applicant shall provided detailed information with respect to Item 12(B)(i)(a-d) listed above. • • iii. Prior to First Final Plat, the Applicant shall submit a map that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. iv. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards in the County Weed Management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. 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 disturbances or stockpiles will sit exposed for a period of 90 days or more. 13. The proposed subdivision is located in the Garfield County Traffic Study Area 1. The total impact fee payment shall be determined prior to First 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 of First Final Plat for the Subdivision. All other road impact fees will be collected at the issuance of a building permit. 14. The 20' Buffer, Pedestrian, and Utility Easement, approved as part of the Planned Unit Development, shall be delineated on the applicable Final Plat as such. The maintenance of the easement will be the responsibility of the Valley View Village Homeowners Association, which shall be reflected in the Protective Covenants. In addition, the Protective Covenants will restrict any development, i.e. fences, within this easement. 15. Prior to First Final Plat, the Applicant shall provide revised drawings, to be reviewed and approved by the County Engineer, of the detention facility which will be relocated on the east side of Valley View Circle within the PUD. 1,13161j41101191/111210E110 1111111111111111111 11111111111111 7 7 of 8'R 0.00 D 0.00 GARF C Y CO • • 16. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the First and applicable Final Plats: A. No building permits shall be issued for Lot 47 until such time this lot has been re -subdivided in accordance with standard subdivision procedures. B. All exterior lighting will be the minimum amount necessary and all exterior lighting will be 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. C. 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. D. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 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. F. 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. Dated this 8" day of , A.D. 2003. 11111.1111111 111111111111111111111111111 111 1111111111111 636574 09/15/2003 04:24P 518 9 M ALSDORF 8 of 3 R 0.00 D 0.00 GAR D dopy CO ATTEST: 4141 r • GARFIELD COUNTY BOARD OF COMMISS dNE °\S, GARFIELD COUNTY, COLO °ADO Clef -df the $oard Chai ,1 an Upon motion duly made and seconded the fo goin following vote: John Martin so ution was ado ted by the Larry McCown Tresi Houpt , Aye , Aye , 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