HomeMy WebLinkAbout8.0 Resolution 2000-73uiuu 11111 111111 11111 111111 1111 111111 111 11111 1111 1111
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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
7th of August A.D. 2000, there were present:
John Martin , Commissioner Chairman
Larry 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. 2 0 0 0- 7 3
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE CERISE
RANCH SUBDIVISION
WHEREAS, Wintergreen Homes has filed an application with the Board of County
Commissioners of Garfield County for approval of a Preliminary Plan for the Cerise Ranch Subdivision;
WHEREAS, the Garfield County Planning Commission reviewed the Cerise Ranch Preliminary Plan
subdivision application and their recommendation was for approval with conditions to the Board of County
Commissioners;
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 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 proposed subdivision of land conforms to the Garfield County Subdivision
Regulations.
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4. 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 the Cerise Ranch Subdivision
for the property described in Exhibit `A' be approved with the following conditions:
1. That all representations of the applicant, either within the application or stated at the meeting
before the Planning Commission, shall be considered conditions of approval.
2. As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approval shall be valid
for a period not to exceed one (1) year from the date of Board approval, or conditional
approval, unless an extension of not more than one (1) year is granted by the Board prior to
the expiration of the period of approval.
As part of any Final Plat submittal (prior to Final Plat approval):
3. Valid well permits for all proposed wells must be obtained and submitted.
4. The four (4) comments from Garfield County Vegetation Management must be addressed.
5. Comments 3, 4, 6, 7, 9, 10, 11, 14, 15, and 16, from Wright Water Engineers must be
addressed. Comment 4 being revised to require State approval of the water treatment and
distribution system be obtained by applicant prior to Final Plat approval.
6. The cost for a permanent augmentation plan must be paid for by the applicant or included in
a Subdivision Improvements Agreement.
7. Comments 3, 5, 9, and 11 as included in the CDOW letter dated March 22, 2000, with the
revision to Comment 5 as outlined in this staff report, and the "Response to Division of
Wildlife Letter Dated 01/18/00", Item 9, in Section 14 of the applicant's submittal must be
included in the covenants.
8. The Final Plat must include the proposed access easement to lot 52 with dimensions as was
submitted for Preliminary Plan.
9. Required Plat notes:
"Any and all homes over three thousand six hundred (3,600) square feet in size will be
equipped with automatic fire sprinkler systems."
"Prior to the initiation of any grading or construction on Lot 52, detailed engineering drawings
of the proposed driveway accessing Lot 52 must be submitted to the Garfield County
Department of Building and Planning for review and approval."
"One dog will be allowed for each residential unit and the dog shall be required to be confined
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within the owner's property boundaries."
"Fencing will be restricted throughout the development to facilitate wildlife movements,
optimize habitat availability, and reduce wildlife mortality. See covenants for specific
restrictions."
"The comment received from the Colorado Division of Wildlife, Comment #5, titled
Bears/Trash Removal in their letter of March 22, 2000, as modified, and included in the
covenants must be adhered to by all residents"
"The subdivision shall be prohibited from chasing, scaring, frightening, disturbing of other
forms of harassment in an attempt to coerce wildlife off open space areas. This provision shall
apply during winter and production periods. Winter periods are defined as December 1
through April 30 and production periods as May 1 through June 30."
"General brochures available from CDOW with regard to wildlife to educate homeowners will
be distributed to all homeowners upon the purchase of a lot"
"Any wetlands on this property not to be preserved as open space will be restricted to no
development and be avoided through careful design of lots and driveways."
"Homes in excess of 3,600 square feet shall be equipped with automatic fire sprinkler
systems."
"No open hearth solid -fuel fireplaces will be allowed anywhere within a subdivision. One (1)
new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sec., 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."
"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."
"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 part of a legal and non -negligent agricultural operations."
"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
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about these rights and responsibilities and act as good neighbors and citizens of the County.
A good introductory source of information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield County."
As part of any Final Plat approval:
10. All conditions of the access permits, numbers 300095, and 300094 must be complied with by
the applicant.
11. All comments received from the Sheriff's Department in the letter dated March 9, 2000.
12. The comments regarding wildlife as detailed in the Planning Dept trrient's staff report.
13. All representations of the Army Corps of Engineers in their letter dated 04/05/00, and all
conditions of the issued nationwide general permit number 3.
14. Section 5.03.21 Accessory Dwelling Unit, of the Subdivision Regulations, must be complied
with.
15. Comment number 5 from Wright Water Engineers which requires all ISTSs to be designed
by a registered engineer.
16. As stated in the letter dated March 21, 2000, from the Division of Water Resources, individual
sewage treatment systems must be of the non -evaporative type unless otherwise requested and
supported by consumptive use estimates.
17. Impact fees for fire protection must be paid.
18. School fees, in the amount to be determined for the number of lots depicted on any Final Plat
submittal, as per the formula in Section 9:81 of the Garfield County Subdivision Regulations,
must be paid.
19. As per Section 4:34 of the Subdivision Regulations, with regard to phasing, all lots must be
final platted within five (5) years.
20. Any necessary mitigation measures as determined for any construction in areas above 40%
slope.
21. As per the Division of Water Resources comments, any exempt wells which exist within the
proposed development must either be included in the District's TSSP or an augmentation plan,
or will be required to be plugged and abandoned pursuant to the conditions of the new well
permits for development.
22. As per the comments received from the Division of Water Resources, if any ground water is
to be disturbed for the proposed ponds, well permits will be required.
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23. The proposed 300,000 gallon water tank must be painted and screened through the use of
landscaping and/or berming to minimize its visual impact.
24. Dust on the subject property must be mitigated through the use of water during construction
and revegetation once construction is complete.
Dated this 8th day of September , A.D. 192000.
Act LST;
O : r mo
,
Cle ' ,9 the Bcia.rd'
JpOltmdtion duly made and seconded the foregoing Resolution
GARFIELD COUNTY BOARD OF
COMvIISSIONE+ , GARFIELD COUNTY,
LORADO
Chairman
COMMTSSTfNRR CHAIRMAN .TC)HN P
MARTTN
COMMISSIONER WALTER A. STOWE
CCIMMTSSTf1NFR TARRY T,_ Mrc'OWN
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Aye
mg vote:
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. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners