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HomeMy WebLinkAbout3.0 Resolution 2000-03811111111111111111111111111111111111111111111111111111111111 564631 06/07/2000 10:47A B1191 P461 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 Courthouse, in Glenwood Springs on Monday, the 5th of June A.D. 2000, there were present: John Martin Commissioner Chairman LaLTy McCown Commissioner Walt Stowe Commissioner Don DeFord County Attorney Mildred Alsdorf Clerk of the Board Ed Green County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2000-038 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE UKELE ACRES SUBDIVISION. WHEREAS, RONALD AND JEAN SMITH filed an application with the Board of County Commissioners of Garfield County for approval of Preliminary Plan for the Ukele Acres Subdivision; and WHEREAS, the Garfield County Planning Commission reviewed the Ukele Acres Subdivision Preliminary Plan application and recommended approval to the Board of County Commissioners; and 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: That proper publication, public notice and posting was provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 1111111111111111111111 Il1111111111 IIIII III II1111111111 564631 06/07/2000 10:47A 81181 P462 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 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 Preliminary Plan of Ukele Acres Subdivision for the unincorporated area of Garfield County described in the application, be approved with the following conditions: All representations made by the applicant at the public hearing and in the Application shall be considered conditions of approval, unless specified otherwise by the Board including, but not limited to, the following items listed below. 2. The final plat shall reflect a fifteen (15) foot wide utility easement along Esther Ct., as requested by Public Service and U.S. West. 3. Increased historic runoff from the property shall be prohibited. 4. One (1) accessory dwelling unit is approved on Lot 6 provided the applicant complies with the provisions of section 5.03.21 of the Garfield County Zoning Resolution of 1978, as amended. No guest house will be permitted on Lot 4 without first obtaining a special use permit. 5. All geology related recommendations made by Hepworth Pawlak, the Colorado Geological Service, and Wright Water Engineers shall be complied with. 6. The existing driveway accessing State Highway 6/24 shall be improved to County subdivision standards including: ➢ It shall become a publicly dedicated but privately maintained right-of-way. ➢ It shall be named on the final plat. ➢ It shall be reconfigured to have a 50' radius and be widened to sixteen (16) feet of chip/seal pavement. 7. Wright Water Engineers comments regarding the water supply and water system shall be conditions of approval as follows: ➢ A microscopic particulate analysis test shall be conducted for the well water supply due to the presence of non -coliform bacteria and the relatively shallow well construction. The mpa analysis shall be included in the application for final plat. ➢ Section 20.1 of the covenants shall reference the West Divide Water Conservancy District (WDWCD) water allotment contract. The results of the water quality and the need for individual water treatment facilities shall also be included in this section. ➢ Reference to the WDWCD allotment contract and 6,000 square -feet of irrigation shall be 1111111111111111111111111111111111111111111111111111111 Ill 11111 Lill 11111111 564631 06/07/2000 10:47A B1191 P463 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO removed from Section 20.2. This section shall provide initial rules and regulations for use and operation of the irrigation system. ➢ The well permit issued for the project (53426-F) is based on the WDWCD's substitute water supply plan. A water court approved augmentation plan will ultimately be required for the well. The Applicant shall include this cost in the Subdivision Improvements Agreement or indicate in Section 20.1 of the covenants that the lot owners are responsible for this cost with the WDWCD when it arises. ➢ Although the well permit allows for outside irrigation (6,000 square -feet per lot), the potable water system is not designed for outside irrigation and the covenants shall prohibit suchuses in Section 20.1 and 20.2. ➢ The applicant shall consider a disinfection treatment system using liquid chlorine rather than gaseous chlorine. ➢ The well water quality shall be tested for nitrates on an annual basis. This shall be included in Section 20.1 of the covenants. 8. The Dunbars' easement shall be legally described and shown on the final plat. 9. Wright Water Engineers comments concerning the ditch shall be conditions as follows: ➢ The Lower Cactus Valley Ditch easement shall be dedicated to the Grand Valley Ditch Company with a formal Easement Agreement or otherwise accepted in writing by the ditch company, whichever may be the appropriate legal course of action. ➢ Appropriate signs will be placed along the ditch to warn people of the potential danger 10. All individual sewage disposal systems shall be designed by a Colorado Registered Professional Engineer. The use of Evapotranspiration Absorption sewage disposal systems (ET) shall be discouraged. 11. Wright Water Engineers recommendations concerning drainage shall be conditions as follows: ➢ The existing drainage system shall be shown (e.g., culverts across Highway 6) and it shall be demonstrated how the proposed system fits in with the existing systems. ➢ The submittal does not indicate if the Applicant or the future lot owners will construct the "individual" detention ponds. A drainage easement shall be shown on the Plat for these ponds. If constructed by lot owners, then the engineering criteria for the pond to shall comply with County regulations and the Master Drainage Plan for the project shall be indicated on the Plat. A Colorado registered professional engineer shall design the ponds. ➢ The covenants shall indicate that the HOA and/or individual lot owners are responsible for maintaining a functional detention basin(s). 12. Applicable fees shall be paid prior to recordation of the final plat. 13. The covenants shall be amended as follows: ➢ A section shall be added to reflect the Sheriffs concern that all roads and street addresses be clearly marked and visible from the right of way. ➢ Shall reflect that one (1) accessory dwelling unit may be allowed on Lot 6 but that it shall not exceed 1,500 sq. ft. and may not be sold as a separate interest. ➢ The purpose/philosophy of xeriscaping methods shall be explained and xeriscaping methods shall be encouraged for geotechnical reasons. ➢ Section 22 shall state that due to the potential for settlement, differential movement, and groundwater conditions on the project, site-specific geotechnical studies shall be conducted for proper foundation design. 11111111111111111111111111111111111111111111111111111111111 564631 06/07/2000 10:47A 81191 P464 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO ➢ Section 7 shall include a specific ISDS management plan. ➢ Language shall be included that reminds landowners that it is their responsibility, according to the Colorado Noxious Weed Act, to manage any County Noxious Weeds that are on their property. Management of noxious weeds on roadways, drainage ditches, and common areas shall be addressed and responsibility for this shall be designated. ➢ Section 21 Lighting shall be amended so that the second sentence reads "... shall be directed downward and towards the interior of the subdivision". 14. The following plat notes shall be shown on the final plat (some of these notes are in the covenants but shall be duplicated on the plat): 1) All irrigation ditches and ditch easements are to be recognized and maintained as existing and in place, in the usual manner. 2) One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the building envelope. 3) No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 4) 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. 5) No further divisions of land within the Subdivision will be allowed. 6) Site specific geologic studies must be performed on individual building envelopes to determine design level recommendations. 7) Radon gas may be present and should be tested for once building construction is completed. 8) Lot 6 shall be permitted one (1) accessory dwelling unit provided it meets the conditions of section 5.03.21 of the Garfield County Zoning Resolution of 1978, as amended. 9) Homeowners should consider further treatment such as water softeners or reverse osmosis to eliminate problems associated with hard water. 10) 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. 11) 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 111111 llfll IIIlI1 Illi 1!!111 Illlll If III Ill VIII !III IIlI 564631 06/07/2000 10:47A B1191 P465 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 14. A stand pipe will be placed adjacent to the ditch, to allow for fire protection back-up in the summer months. The stand pipe will meet the specifications necessary to be used by the Burning Mountain Fire District. Dated this 5th day of June , A.D. 2000. ATTE,ST:' `"' GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO _ C14 of the Board; Chairman Upon motion duly made and seconded the foregoing Resolution wopted by the following vote: COMMISSIONER CHAIRMAN JOHN F_ MARTIN , Aye COMMISSIONER WALTER A. STOWE ,Aye COMMISSIONER LARRY L. MCCOWN ,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. 2000, County Clerk and ex -officio Clerk of the Board of County Commissioners