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Home My WebLink About9.0 Resolution 95-086• 485277 B-958 P-265 11/09/95 01:31P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for G.a.rfield County, Colorado, hel,' in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 6th of November A.D. 19 95 , there were present: Marian I. Smith Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 95-086 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR SIERRA PINON SUBDIVISION. WHEREAS, BARTON PORTER has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for SIERRA PINON Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Sierra Pin on application and recommended approval to the Board of County Commissioners; WHEREAS, based on the material submitted by the applicant, the recornrr �ndation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: P. That proper publication, public notice and posting was provided as req *~ed by law for the hearings before the Planning Commission and Board of County Cornmissioners. 2. That the hearings before the Planning Commission and Bari of County Commissioners were extensive and complete, that all pertinent facts, rra' crs and issues were submitted and that all interested parties were heard at that hcari n s. 3. That the Garfield County Planning Commission recommended ; rproval of the Preliminary Plan. 4. That the proposed subdivision of land is in compliance with the re m' ;cndations set forth in the Comprehensive Plan for the unincorporated area of the County. 485277 B-958 P-266 11/09/95 01:31P PG 2 OF 4 5. That all data, surveys, analyses, 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, 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 Preliniinary Plan of Sierra Pinon Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: BOCC 9/5/95 1. All representations of the applicant, either within the application or stated at the public hearing with the Planning Commission, be considered conditions of approval. 2. The applicants shall establish a Homeowners Association and shall be incorporated in accordance with the requirements of Colorado Revised Statutes. The Homeowner's Association shall be responsible for the augmentation plan, well maintenance, road maintenance and snow removal. The articles of incorporation and restrictive covenants shall be reviewed by County Staff prior to the approval of a Final Plat. 3. The applicants shall prepare and submit a Subdivision Improvements Agreement, addressing all improvements, prior to recording a final plat. 4. All new utilities shall be placed underground. 5. All cut slopes created during construction shall be revegetated with naive grasses using certified weed -free seed. The SIA shall include security for all revegPtat.ion. 6. The applicants shall pay $200 per lot in school impact fees prior to approval of the final plat. 7. All roadways shall be designed and constructed in conformance with design standards set forth in the Subdivision Regulations and in place at the time of final plat. 8. Only one (1) dog will be allowed for each dwelling unit to protect adjacent agricultural uses. Kennels shall be required, and language ensuring compliance shall be enforced through the covenants. 9. The plat show building envelopes on each lot designating areas outside of the floodplain, rockfall and drainage areas and areas with slopes over 40% and include the following plat notes: A. No open hearth solid fuel burning devices will be allowed within the Sierra Pinyon Subdivision; B. All dwelling units will be allowed an unrestricted number of natural-gas burning fireplaces or appliances; . t. 485277 . B-958 P-267 11/09/95 01:31P PG 3 OF 4 C. All dwelling units will be allowed not more than one (1) new wood burning stove as defined by C.R.S. 25-7-401, and the regulations promulgated thereunder. D. A site specific geotechnical report, prepared by a registered engineer licensed by the State of Colorado, is required for all structures, including sewage disposal systems, prior to the issuance of a building permit or an individual sewage disposal permit. E. "Areas within Lots 1, 6, 7, 8 and 14 includes areas within the regulated floodplain of Dry Hollow Creek (Floodplain Management Study - Colorado River Tributaries in Garfield County Colorado, U.S. Department of Agriculture, Soil Conservation Service, July 1986, Sheet 10 of 29). Any encroachment into the regulated floodplain will require a Special Use Permit from Garfield County. In addition, these lots may also include regulated wetlands as defined by Section 404 of the Clean Water Act as amended. These areas of potential wetlands have not been formally delineated. Respective lot owners should contact the Army Corps of Engineers before any construction in areas having potential wetlands." F. All property in this subdivision are subject to oil and gas leases that may result in oil and/or gas drilling activity on the property at a future date. G. All construction should be consistent with the Colorado Ste.te Forest Service guidelines for construction to minimize damage from wildf ;re. 10. The location of the augmentation ponds shall be shown on the final plat, including easements for the ponds as well as discharge paths to Dry Hollow Creek. 11. The actual flood fringe and floodway lines shall be shown on the fine.i plat. 12. That the plat show a access easement to the augmentation pond for fire fighting purposes. 13. That a 24 hour well pump test be preformed by a registered profesFi -nal engineer, certifying the flows from the well as adequate to meet the subdivision water requirements. 14. That a deed restriction be developed that prohibits further subdivision of the lots in this subdivision. 15. That a 30,000 gallon water storage tank be provided for the subdivision. 16. That the water system not be required to be a looped system. 17. That prior to the submittal of a Final Plat, an approved water court decree together with approved well permits from the Colorado Division of Water Resources, be submitted to the Planning Department for the file record. 3 485277 • B-958 P-268 11/09/95 01:31P PG 4 OF 4 1 Dated this 7th day of November , A.D. 19 95 . ATTEST: Clerk of the Board vote: 1" 4 rr/ 4. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly n2adeand seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye h , 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 seg#! of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners s 4