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HomeMy WebLinkAbout5.0 Resolution 2003-41r llllil lllll llllll llll lllll lllllll.llllt.llllllltllll llll bisids 66)lairsod a+qtP smaz P663 1'l RLSDoRF i-;i-a a-s.ss D o.oo GRRFIELD couNTY c0 STATE OF COLORADO 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 Plaza Building, in Glenwood Springs on Monday, the 2od day of June,2}O3,there were present: John Martin , Commissioner Chairman Larrv McCown absent , Commissioner Trdsi Houpt , Commissioner Don DeFord , CountY AttomeY Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. nooa-at A RESOLUTION CONCERNED WITH THF', APPROVAL OF A PRELIMINARY PLAI\ FOR RANCII AT COULTER CREEK SUBDTVISION, SI]BMITTED BY SLC- LAURENCE, LLC. WIIEREAS, the Board of County Commissioners of Garfield County, Colorado, ("Board") received a Preliminary Plan application from SlC-Laurence, LLC. ("Applicanf ') to subdivide approximately 479 acres of land into 26 single-family residential lots; and WIIEREAS, the property subject to this resolution is described as Lot 5 of Section 1, in Township 7 South, Rangi Ag w of thi 6ft P.M., WllzsBll4, E1/2SW114 arrdlots 6,7 and 8 of Section 6; N1/2NEI/4, SW1/4NE1/4 and NEl/4NWtl4, allin Section 7, Township 7 South, Range 87 W of the 6m P.M., Garfield County, Colorado; and WIIEREAS, on April 9,2OO3,2OO3,the Garfield County Planning Commission forwarded a recommerndation 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 19ft day of May, 2}O3,upon the question of whether the above described Preliminary Plan should be granted or denied, atwhich liearing the public and interested perbons were glven the opportunity to express their opinions regarding the Preliminary Plan; and WIIEREAS, the Board continued the public hearing on the l9n day of May, 2003, to allow the Applicant time to obtain written documentation from the State Engineer's Office asserting no material injury to decreed water rights, in order to dernonstrate that the project had a legal and adequate source of water in accordance with section 4:91(A) of the Garfield County Subdivision Regulations; and ) )ss ) ,.4 t9v iltillt lllil lil[ llil lllil l]ilil ililt lll ill[ lllt lllt 62978P 06/18/2oO3 O4t4LP 81482 P664 ll RLSD0RF2 ol 6 R O.OO D @.@O GRRFIELD COUNTY C0 WIIEREAS, the Board held a public hearing on the 2"d day of June, 2003,18ft day of February, 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 WHEREAS, the Board closed the public hearing on the 2"d day of June, 2}03,to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper posting and public notice was provided, as required, for the hearing before the Board of County Commissioners; That the meeting 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; That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, s4fety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; That the application is in confonnance with the 1978 Garfield County ZonrtgResolution, as amended; That the application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. That the application is in conformance with the Garfield County Comprehensive Plan of 2002. NOW, TIIEREFORE, 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 Ranch at Coulter Creek Subdivision 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 Board of,County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall include in the Protective Covenants for the Subdivision the 2. 3. 4. 5. 6. following: A. B. The view Shed Setback Line for Lots 17,12,13,14,15 & 16 shall be addressed. The following wildlife habitat mitigation measures shall be incorporated: I,,,,,,, ** *,,,, ,*,,*,*,r ,*,, rilrI 629789 06/78/2@@3 O4:47P 87482 P665 1'l RLSDORF I 3 of 8 R 0.oo D 0.@0 GRRFIELD couNTY c0 I i. Fencing shall be kept to a minimum and follow the CDOW fencing ! recommendations. I t, ffi- will be stored on site, a stack yard shall be constructed to keep wildlife I iii. The open space and adjacent to BLM land shall be closed to dog use during I the winter months. Dogs shall always be on a leash outside of the house I footprint. The number of dogs per residences should be limited to one. I During construction of the residences, contractors should not be allowed to I have dogs on site. I iv. Since cats are a major predator to small rodents and birds, cats should be kept I indoors at all times I ". CDOW is not liable for damages to landscaping from wildlife. I ,i. The homeowner's should install bear-proof dumpsters or trash bins. I vii. The CDOW shall be allowed on the properly for the purpose of bear and lion I contol. Hunting in this circumstance only shali be allowed. ; viii. Reference or incorporate the Wildfire HazardMitigation Plan and Wildfire I Hazard Analysis. I ! :. The following geologic hazardmitigation measures shall be adhered: I ',---Qe----o sur^vrvs. I A. The recontmendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech") I outlined in the Preliminary Geotechnical Study for the Subdivision dated February | 28,2003, [Job No. 103 115] shall be adhered. These Preliminary Design I Recommendations include provisions for foundations, floor slabs, under-drain I system, site grading, surface drainage and pavement subgrade. I I B. I:r addition to the drain systems for foundations recornmended by HP GeoTech, due I to the presence of swelling clay soils, perimeter drains should be installed around I foundations. Perimeter drains prevent excessive ground moisture from saturating the I soils and thus reduce the over potential for expansion or consolidation. I 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. 4. The Applicant shall comply with the recommendations of the Garfield County Road and Bridge Department, dated April 2,2003, except for internal culverts which shall comply with the recommendations outlined in the Drainage Report prepared by Sopris Engineering,LLC. dated February 7,2003. 5. Prior to Final Plat submittal, the Applicant shall frnalize,with the Carbondale and Rural Fire Protection Diskict, the locations for pull-outs for emergency vehicles. These pull-outs shall be delineated on the Final Plat. III -rI -- -E II Ir II I I II rI I - lrgocloJClO() =(oFo=ro3G(,oNooqfJ c. ltJ@ l-.]LC,Gr{(frf c, (tG,60 G,6loocl(\{\o60\o(oOE q,G' @ oo oJ(o<t 6. The roads / streets shall comply with the "Rural Access" standards outlined in section 9:30 of the Subdivision Regulations. 7. Pursuant to section 9:34 of the Subdivision Regulations, all streets / roads within the subdivision shall be dedicated to the public. Repair ani maintenance of these roads shall be the responsibility of the incorporated Homeowners Association of the Subdivision 8. Prior to Final Plat, the Applicant shall submit a copy of the final "wildfire hazard mitigation plan" that has been reviewed and signed off by both the Carbondale and Rural Fire Protection Diskict and the Garfield county sheriff s Department. 9. Prior to the recording of the Final Plat, the Applicant shall provide a written approval of the signed and recorded Res-olution by the Carbondale and Rural Fire Protection Diskict Board regarding the annexation of the property into the Fire District-as well as the court order to include the property within the Districtboundary. 10. Prior to installation of an antenna(s) for the purpose of improving emergency radio communication for fire fighters and other emergency personnel, ttre f ire Oistriit or designated entity shall obtain a Special Use permit with the County. 11. An Easernent Agreement shall be submitted at the time of Final Plat for the Fire District's antenna site and access.drive. 12, The Applicant shall provide the following weed management information for review and approval by the Garfield County Weed Management Director prior to the submittal of Final plat: A. Noxious Weeds: ]nveltoV and mapping: The Applicant shall provide a map that represent specific locations of County-listed noxious weeds on the property. weed Management: The Applicant shall provide a weed management plan should be based on a detailed inventory and provide for follow-up management. Common area weed management: The Coulter Ranch Homeowners Association will implement weed management on the common open space within the property. In addition, firangements have been made with a local rancher to perform agricultural operations on the property. If weed management does not occur on the property, there could be severe weed management issues on the areas that were previously used for hay production. The Applicant shall address this lSSUe. Covenants: weed management is addressed in the covenants briefly under Article IV, Section 2. The Applicant shall include stronger language, perhaps under Article IV, Section 6. The language should remind eachlot o*r.r that it is their responsibility under the colorado Noxious weed Act and the Garfield 11. 111. 1V. a) b) c) lllllll !!lll llllll llll lllil illlll ilil m ilil ill lllt 629789 @6/.1,8/200,3 @4z4LP 81.482 P667 l'l ALSDORF5 of 8 R O.OO D O.O@ GRRFIELD C0UNTY C0 county weed Management plan to manage county-listed noxious weeds, B. Revegetation: i. The revised Revegetation Guidelines fromthe Garfield county weed Management Plan calls for the following: a). b) Plant material list. Planting schedule.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 Final plat and paid prior to Final plat submittal. ii. Prior to Final Plat, the Applicant shall provide a map or information that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. C. Soil Plan: i. The Revegetation Guidelines ulro ,"qu.rt that the Applicant provide a Soil Management Plan that includes: Prwisions for salvaging. on.site topsoil. A timetable for eliminating topsoit and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days o, *or.. 13' _ The property is located within the RE-l School District. The Applicant shall pay theSchool Land Dedication Impact Fee or pay cash-in-lieu of that land dedication which shall be due at the time of Final Plat submittal. Tlie total impact fee amount shall be determined prior tothe submittal of the Final plat. 14,. . . The proposed subdivision is located in the Garfield County Traffic Study Area 11. Thetotal impact fee payment shall be determined prior to Final Plat. The fee shall be calculated in accordance to section 4:94 of the Subdivision-Regulations. Fifty percent (50%) of the roadimpact fees shall be collected at the submission oiFinal Plat for the Subdivision. All other roadimpact fees will be collected at the issuance of a building permit. However, the Board of CountyComrnissioner will waive all the road impact fees, if the Applicant agrees to upgrade andimprove and provide a chip-seal surface on County Road ftJ mrn the west entry of theSubdivision to the intersection with County Road tZt and the short segment of County Road 121between the intersection with County Road 115 and the point where *Ie existing chip-seal surface ends (approximately 1.7 miles). A11 improv"*.nt, shall be done in accordance withCounty road standards and must be approved by the County Engineer and the noua *a B;;g.Deparhnent. ililnurur tllr nrffiruulfimil rilr06/78/2003 @4t4LP BI4AZ p668 t't RLSDORF R O.OO D O.@O GRRFIELD COUNTY CO 15. The following additional information shall be delineated on the Final plat: A. The View Shed Setback Line along the west side of Lots 1 1, 12, 73, 14,1 5 and 16. B' The Landslide Boundary and the evaporate deformation faults. C. Tracts B and C shall eliminated or reconfigured to increase the lot size of these tracts' to a minimum of 2 acres. . The final locations for the pull-outs for ernergency vehicles. E. The easement for the Fire District antenna site and access to the site. 16. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the Final plat: A. Building permit applications for each lot shall include plans and specifications for an onsite wastewater keatnent system. Each system shali be designid by a State of Colorado registered engineer and must be approved pursuant to the Garfield County Individual Septic Disposal System (ISDS) regulations before abuilding permit wili be issued. The type, size and location of each indiyidual on-site wastewater system (OWS) will be site-specific based on existing Garfield County and State ISDd design criteria and required site-specific geo-technical evaluations. The soil absorption/dispersal systems shouid be located within the building envelope.on each lot as identified on the Final plat. B. Historical drainage patterns shall be maintained on the property. No structures or uses shall be located within the natural drainage way on the property. C. Development on 40%o slopes or greater is prohibited on the lots. D. Swelling soils, clay and claystone, are present on the site. Appropriate mitigation may be necessary to build on a lot. E. A11 exterior lighting will be the minimum amount necessary and aU exterior lighting will be directed inward, towards the interior of the subdivision, except that provisiois may be made to allow for safety lighting that goes beyond the property boundaries. F. 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 G. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. 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. an dwelling units will be allowed an unrestricted number of natural gaJburning stoves and appiiances. illlilt ililt BIilll lll lilll llillll ilil1 lil l]ll llll llll 629789 06/|A/2003 O4:4lP 97482 P669 I'l RLSD0RF 7 of 8 R O.OO D 0.OO GRRFIELD C0UNTY c0 I. 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. 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 properfy. Residents and landowners are encouraged to leam 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. 17. The Board of County Commissioners accepts the recommendation of the State Engineer's Office detailed in the May,29,2003,1etter of Kenneth Knox. Prior to Final Plat approval, the Applicant shall provide the County with a copy of a final Water Court Decree for the plan for augmentation for the Subdivision as stated in the letter dated May 29,2003 from the office of the State Engineer. Prior to recording of the Final Plat, the Applicant shall provide the County with copies of approved weil permits for each well which is to be part of the water supply system. In the event that the Applicant intends to drill additional weils, or different wells, than those which have already been pump tested and found to provide an adequate water supply by the ZancanelTa and Associates' report now in the record, then, as part of the Final Plat approval process, the Applicant shall provide test results which demonshate, to either the office of the State Engineer or to a private consultant retained by the County at the expense of the Applicant, that such additional or different wells will provide an adequate physical supply of water to the Subdivision. The Applicant agrees to pay for the servicei of a private consultant to the Board of County Commissioners to review the Zancanella and Associates' report regarding already drilled wells should the State Engineer not clarifu its lack of comments on the physical adequacy of the water supply in the May 29,2003,1etter. Dated this r ett day of Jr,r,e , A.D. 2003. H. itlltlr uur nttn ur riltt nmu ",,' ill?,,,r tlu nl 629789 A6/48/2003 O4r41P 8L482 P670 11 RLSDORF 8 of'8 R @.@@ D O.OO GRRFIELD COUNTY C0 ATTEST:GARFIELD COLINTY BOARD OF /'- ArreJohn Martin , - ^, -Larrv McCown COMMISSIONERS, GARFIELD COLINTY, AbsentTr6si Houpt , Aye STATE OF COLORADO 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 certiff 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 ) )ss )