HomeMy WebLinkAbout7.0 Resolution 98-35H H 1I1 II I1I !I II 1111
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STATE OF COLORADO )
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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 Eth day of June A.D. 19 98 there were present:
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Marian Smith , Commissioner Chairman
Larry McCown , Commissioner
John Martin , Commissioner
Don Deford , County Attorney
Mildred Alsdorf , Clerk of the Board
Mark Rean , County Administrator Interim
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. g 8_15
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
APPLICATION FOR TIB: HAMMES SUBDIVISION.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from the applicants, Michael N. and Lenore L. Hammes, for the creation of four (4) lots
from a forty-four and one half (44.5) acre land holding consisting of two (2) tracts with lots sizes
ranging from approximately seven (7) to seventeen (17) acres to allow for residential, single-family
homes; and with Individual Sewage Disposal Systems, on-site wells, and access from County Road
(CR) 100 and a private access easement through the property situated between the Hammes' land and
the county road.
WHEREAS, Garfield County Planning Commission held a public hearing on 8 April, 1998,
upon the question of whether the above described preliminary plan conditional approval should be
granted or denied, at which hearing the public and interested persons were given the opportunity to
express their opinions regal ding the issuance of said preliminary plan conditional approval for the
Hammes plan; and
WHEREAS, the Board held a public hearing on 18 May, 1998, upon the question of whether
the above described preliminary plan application 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 conditional approval for the Hammes plan; and
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WHEREAS, the Board on the basis of substantial competent evidence produc i at the
aforementioned hearing, has made the following determination of fact:
1. The access easement, which will be extended to provide street access to the proposed
four (4) lots, will be in excess of 1,700 feet. This access is designed to end abruptly
at the boundary line between proposed Lots 2 and 1. Given this dimension and the
design, the proposed access to the lots is classified by the Zoning Resolution as a dead
end street. The proposed design exceeds the permissible length by more than 1,100
feet. The Board has approved this longer cul-de-sac design, and the Board is satisfied
that adequate fire protection and emergency access or egress will be provided as a
part of the longer street design per Section 9.33 of the Subdivision Regulations of
Garfield County, Colorado of 1984.
2. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
3. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
4. That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
5. For the above stated and other reasons, 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 preliminary plan for the Hammes be and hereby is approved to allow
for the creation of four (4) lots from a forty-four and one half (44.5) acre land holding consisting of
two (2) tracts with lots sizes ranging from approximately seven (7) to seventeen (17) acres to allow
for residential, single-family homes; and with Individual Sewage Disposal Systems, on-site wells, and
access from County Road (CR) 100 and a private access easement through the property situated
between the Hammes' land and the county road, upon the following specific conditions:
1. In accordance with the representations of the applicant, the applicant will transfer to
the Homeowners Association the Basalt Water Conservancy District Allotment
Contract and the water rights associated with the wells together with the well permits.
The Homeowners Association will have the power and the duty to enforce compliance
by the lot owners with the terms and the conditions of the water contract and the well
permits.
2. The applicani will provide adequate easements for the wells, the water lines, and the
other attendant facilities and utilities on the final plat submission.
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The applicant must comply with all ten (10) conditions of approval of the well permits
for each of the three (3) wells of this site as issued by the Office of the State "ngineer,
Colorado Division of Water Resources.
4. The potable quality of the potential water source must also be addressed by the
applicant per Sections 4.91 and 9.51 of the Subdivision Regulations of Garfield
County, Colorado of 1984 and per Section 111. 7.0 Goal, 7.1 and 7.3 Policies, 7.1 and
7.3, Objectives of the Garfield County Comprehensive Plan of 1994.
5, In accordance with the representations of the applicant, the owner of each lot will
obtain site specific percolation tests at the building permit stage to determine whether
a standard Individual Sewage Disposal System (ISDS) is acceptable or whether an
engineered system is required. Each ISDS will be constructed in accordance with the
results of the site specific percolation test and will be designed to minimize tree
removal and changes to the natural contours of the land. The protective covenants
for the subdivision will require that all septic system tanks be pumped at least one
time every three years and will provide the Homeowners Association with the
authority to properly maintain and repair each ISDS within the subdivision in the
event that the lot owner fails to do so.
6. Proper building site selection and foundation designs will be employed, and proper
septic system evaluations, installations, and construction will be carried out in
accordance with the recommendation of the Observations of Geologic Conditions
report prepared for this site.
7. The development on the steep portion of the site will be avoided due to slope
instability. Furthermore, site specific geotechnical and subsoil studies will be
conducted for building foundation and septic system design. Both provisions are in
accordance whit the Observations of Geologic Conditions.
The applicant will re -vegetate road cuts to prevent erosion; control anit.,als where
wildlife is present; control drainage. In addition, the covenants of the Homeowners
Association will include language which clearly states that the use of chemical
application on the lawn grasses is forbidden and that periodic testing of the wells is
strongly encouraged.
9. The applicant will construct a twenty (20') foot roadway width with four (4') foot
shoulders [two (2) eight (8') foot lanes with two (2) two (2') foot shoulders] for the
protection of life and property from wildfire per the Colorado State Forest Service
and per Section III. 3.4, Objective of the Garfield County Comprehensive Plan of
1994.
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10. The entire leng, of the Hammes road will be improved to the Garfield County road
standards in accordance with Carbondale & Rural Fire Protection District and with
Section III. 3.6, Policy of the Garfield County Comprehensive Plan of 1994.
11. The applicant will pay the applicable road improvement fee in accordance with the
Garfield County regulations.
12. The applicant will provide a twenty (20) foot width for the easement to the proposed
development to allow for emergency vehicle access as issued by the Emergency
Management report.
13. The Emergency Turnaround areas located between proposed Lot 1 and proposed Lot
2 will be redesigned to provide more area needed for a complete turnaround by
emergency vehicles as recommended in the Emergency Management report.
14. The applicant will maintain all grass at a maximum of six (6) inches in height, and
ensure that no woody vegetation and no flammable material, such as firewood, will
be located within ten (10) feet surrounding the houses per the Colorado State Forest
Service.
15. A separation distance will be maintained of a minimum of ten (10) feet between
conifers within forty-five (45) feet at the sides of the homes and sixty (60) feet on
both downhill sides located north and south on the site. The lower limbs of trees will
be removed up to half of the height of the remaining trees in accordance with the CO
State Forest Service.
16. Homes will be situated a minimum of fifty (50) feet from the top edge of the slopes
as issued by the Colorado State Forest Service.
17. Only non-combustible roofing materials will be used in the construction process (no
wood shake and shingles) as stated by the Colorado State Forest Service.
18. The space below overhanging decks will be enclosed with solid vertical walls as
recommended by the Colorado State Forest Service and by Section III. Section 2.5
and 8.2, Objectives of the Garfield County Comprehensive Plan of 1994.
19. The applicant will assist with the installation of a twenty -thousand (20,00) gallon,
underground, water supply at a strategic location to be determined by the office of the
Fire District, which will be kept full and which will be maintained to allow for
immediate access by fire trucks to fill and to turn around in accordance with the
Carbondale & Rural Fire Protection District and with Section 9.71, 9.73, and 9.74 of
the Subdivision Regulations of Garfield County, Colorado of 1984. If efforts to
obtain an offsite easement are unsuccessful, the applicant will dedicate an easement
for construction of an underground storage tank to the Carbondale & Rural Fire
Protection District at a location within the subdivision which is acceptable to the Fire
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Protection district by final plan submission.
20. The applicant will contribute the sum of six thousand dollars ($6,000) to the
Carbondale & Rural Fire Protection District for the construction of an ur_aerground
water storage tank. The applicant will pay the total amount of the contribution in
three (3) installments of two thousand dollars ($2,000) each upon the initial sale by
the applicant of each of Lots 1, 3, and 4 of the subdivision.
21. The applicant will provide a perpetual, ingress/egress easement expressly limited to
emergency fire or medical situations only. It may be used by either property owners
seeking to escape the Hammes Subdivision due to fire, or by emergency service
providers and their equipment seeking to access the Hammes Subdivision. The
roadway may be gated at any location determined by the property owners so long as
the Fire District is provided keys to all locks on every gate per the Carbondale &
Rural Fire Protection District. The easement will be identified on the final plat and
recorded with the final plat.
22. The easement itself will be sixteen (16) feet in width. Within the sixteen (16) foot
easement, Mr. Hammes will improve an approximately twelve foot (12) wide roadway
consisting of a minimum of six (6) inches in depth of three (3) inch road base material.
An appropriate culvert will be installed to allow the road to cross any stream or
irrigation ditch as issued by the Carbondale & Rural Fire Protection District. The
applicant will provide Garfield County with adequate security to assure completion
of the road construction as described above.
23. Mr. Johnson, his heirs, successors and assigns will be free to utilize the easement and
roadway across his property, but will agree to keep the roadway clear of any obstacle
which would block the roadway from use in fire emergencies in accordance with the
Carbondale & Rural Fire Protection District. This provision will apply to snow
accumulation because emergency access may be necessary during the winter time.
24. The form and ti'.. substance of the easement will be acceptable to the Fire District.
The easement 111 be perpetual and, when it is approved by all parties, will be
recorded in the Garfield County records as stated by the Carbondale & Rural Fire
Protection District.
25. All new utilities associated with the subdivision will be placed underground.
26. The applicant has agreed to create a Homeowners Association for the subdivision in
accordance with applicable Colorado state law. The applicant will submit to the
Garfield County Attorney for review the protective covenants, articles of
incorporation, and other Homeowners Association documents (including bylaws) at
the final plan submission stage.
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27. In accordance with the applicant's attorney, the following provisions will be included
in the protective covenants for the subdivision;
A. only one dog is allowed for each dwelling unit;
B. open hearth, solid fuel burning fireplaces are not allowed within the
subdivis& i except as the same may presently exist within the existing
residen un Lot 2. All dwelling units will be allowed an unrestricted Lumber
of natural gas burning fireplaces or appliances, and each dwelling unit will be
allowed no more than one new, wood burning stove as defined by C.R.S. 25-
7-401 et seg. and the regulations promulgated thereunder; and
C. All exterior lighting will be downcast and will be designed and installed so that
the light source is not visible from adjacent lots.
28. The applicant will comply with all commitments made to the existing users of
Rimledge Road as set forth in the letter from Lawrence R. Green dated 9 January
1998, and in accordance with Section 4.94 of the Subdivision Regulations of Garfield
County, Colorado of 1984, as follows:
A. the applicant will proceed to have Garfield County name the private road
between County Road 100 and the access road to the subdivision as
"Rimledge Road," and will provide road signage for such road in accordance
with the Uniform Manual of Traffic Control;
B. by note on the final plat, and by execution of the existing Road Maintenance
Agreement for said Rimledge Road, all lots within the subdivision will become
participants in the existing Private Road Maintenance Agreement;
C. the applicant will contribute the sum of twenty thousand ($20,000) dollars to
the Rimledge Road Maintenance Association to be used for the ongoing
mai:itenance of Rimledge Road. The applicant will pay the total amount of
the contribution in three (3) installments of six -thousand, six -hundred, and
sixty-six dollars and sixty-six cents ($6,666.66) upon the initial sale by the
applicant of each of Lots 1, 3, and 4 of the subdivision; and
D. the applicant will repair and maintain Rimledge Road from a point just west
of the Kruidenier/Scofield driveway to the point where the Hammes
Subdivision access road leaves Rimledge Road. During this repair and
maintenance, the applicant will bring that portion of Rimledge Road to at least
the same condition as the road presently exists east of the Kruidenier/Scofield
driv: way. The applicant will provide Garfield County with adequate security
to assure performance of this repair and maintenance at final plan approval.
29. The applicant ‘,d1 pay a per lot, school site, acquisition fee in an amount determined
by the Board of County Commissioners at the time of final plat approval per Section
9.8 of the Subdivision Regulations of Garfield County, Colorado of 1934 and per
Section III. 2.2, Policy of the Garfield County Comprehensive Plan of 1994.
30. The applicant will provide evidence that the well permits are valid at the tine of final
plan approval and that the finding of nonmaterial injury is still valid for this proposed
subdivision.
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31. The applicant will relocate the roadway south of the Lawrence property, yet still
contained within the Lawrence property, per the agreement between the Hammes and
the Lawrences.
32. The applicant we' include in the plat notes the Division of Wildlife's items 1 through
4 in the DOW ter concerning this application.
33. The applicant will provide adequate replacement water, or other acceptable solution,
to any person whose domestic water supply is injured by this subdivision.
Dated this 9th day of June , A.D. 19 98 .
ATTEST:
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Cler of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, , GARFIELD
COUNTY, COLORADO'
ac lliti Wil'•
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by, the; following
vote:
COMMTSSTONRR CHATRMAN MARTAN T SMTTH ,Aye
COMMISSIONER LARRY L. MCCOWN ,Aye
COMMISSIONER JOHN F. MARTIN ,Aye
STATE OF COLORADO
County of Garfield
I
I, , County Clerk and ex -officio Clerk of t._e 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.
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IN WIT ISS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners