HomeMy WebLinkAbout7.0 BOCC Staff Report 12.07.2009u\}
BOCC 12/07/09
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// PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: 1 -Year extension for the Preliminary Plan for the
Strong Subdivision
APPLICANT / OWNER: Leslie and George Strong
REPRESENTATIVE: Compass Mountain Land Use, LLC (Eric McCafferty)
LOCATION: 0070 County Road 300 - 5 Miles west of Parachute
located in the SW X Section 27, Township 7 South,
Range 96 West of the P.M.
PROPERTY SIZE: 17.5 acres
ACCESS: CR 300
EXISTING ZONING: Rural
COMPREHENSIVE PLAN: Study Area III
On December 8th, 2008, the Board of County Commissioners approved a Preliminary Plan for the
Strong Subdivision. This Preliminary Plan is valid for one year or until a technically complete Final
Plat application has been tendered to the County. Presently, the Applicant has tendered a Final
Plat Application to the County but it has not been deemed technically complete yet and the 1 year
deadline is approaching.
The Applicants are presently working on making the application complete; however, they request
a 1 year extension for the Preliminary Plan. As you will recall, the Board has the authority under
Section 4-103(G)(8)(a)(1) as follows:
The Board's decision to approve or conditionally approve the preliminary plan,
minor exemption, major exemption or rural lands development exemption shall
be effective for a period of up to one year or until the final or exemption plat
has received a Determination of Completeness pursuant to Section 4-103(C),
Determination of Completeness, whichever occurs first.
Prior to expiration of the original approval, the applicant may make a one-time
request for an extension of up to one year, upon a demonstration of why the
original conditions of approval cannot be met.
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25 November 2009
Fred Jarman, Director
Garfield County Building and Planning Dept.
108 Eighth Street, Suite 400
Glenwood Springs, CO 81601
Via Hand Delivery
RE: Strong Subdivision Preliminary Plan
Fred -
Eric D. McCafferty, President
Compass Mountain Land Use, LLC
Post Office Box 86
Glenwood Springs, CO 81602
tele: 970.618.0837
compass@sopris.net
As you know, we have submitted a Final Plat application that has not yet been determined by you
to be technically complete. Condition 3 of Resolution 2009-09, which grants conditional
approval to the Preliminary Plan, states: The Preliminary Plan for the Strong Subdivision shall
be valid for a period not to exceed one year from approval.
The BOCC considered and approved the application on December 8, 2008. We have submitted a
Final Plat application, which in my opinion, "stops the clock" on the one year period. However,
if you disagree with me on this issue, please consider this letter a formal request to extend the
approval of the Preliminary Plan for the Strong Subdivision.
Please contact me, at your earliest convenience, with your thoughts regarding this matter.
REcErvED
cc: Strong, NOV 2 52009
COUNTY
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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 Corlunissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 8Th day of December A.D. 2008, there were present:
John Martin
Larry McCown
Tresi Houpt
Deborah Quinn
Marian Clayton for Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-09
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR THE STRONG PLANNED UNIT DEVELOPMENT LOCATED ON COUNTY
ROAD 300 SOUTH OF PARACHUTE, COLORADO, GARFIELD COUNTY
PARCEL NO# 2409-273-00-002
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
a Subdivision Preliminary Plan to allow for the subdivision of a 17.578 -acre parcel into five parcels.
B. The 17.578 -acre parcel is located in the SW `'A of the SW 'A of Section 27, Township 7
South, Range 96 West of the 6th P.M. and more fully described in attached Exhibit A.
C. The subject property is contained within the zone district known as the Strong Planned
Unit Development.
D. The Board is authorized to approve, approve with conditions, or deny a request for
Subdivision Preliminary Plan pursuant to Section 4:00 of the Subdivision Regulations of 1984, as
amended,
E. The Planning Commission opened a public hearing on October 8, 2008 and continued the
hearing to October 22, 2008 at which time the Commission, in a unanimous vote, recommended
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approval with conditions to the Board of County Commissioners.
F. The Board of County Commissioners opened a public hearing on the 8th day of Decembeshouldr,
2008 upon the question of whether the above-described Subdivision PreliminaryPlan
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granted or denied, during which hearing the public and interested persons were given the opportunity
to express their opinions regarding the amendment.
G. The Board of County Commissioners closed the public hearing on the 8* day of
December, 2008 to make a final decision.
FL The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact.:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. 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 meeting.
3. The above stated and other reasons, the proposed Subdivision Preliminary Plan has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Section 4:00 of the Garfield County
Subdivision Regulation of 1984, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A Subdivision Preliminary Plan to allow for five (5) parcels on the 17.578 -acre parcel
located at 70 CR 300, south of the Town of Parachute, Garfield County is hereby approved
subject to compliance with the following conditions and attached Exhibit B:
1. That all representations made by the Applicants in the application and as testimony in the
public hearings before the Planning Commission and Board of County Commissioners shall
be conditions of approval, unless specifically altered by the Board of County Commissioners.
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2. No activity, other than that approved by the Resolution 2007-117, may occur on the parcel
until such time as a Final Plat and related Subdivision Improvements Agreement is approved
by Garfield County and recorded with the Clerk and Recorder.
3. The Preliminary Plan for the Strong Subdivision shall be valid for a period not to exceed one
year from approval.
4. The Applicants shall apply to the State of Colorado, CDPHE Water Quality Control Division
for a Public Water Supply for the site and meet all of the required standards of such. The
approval of the public water supply shall be provided prior to Final Plat approval.
5. The Applicants shall delineate and legally describe all easements on the Final Plat and
convey all easements to the Owner Association or to the responsible entity. This dedication
shall be in a form acceptable to the County Attorneys Office and transfer shall occur at the
time of recording the Final Plat. These easements shall include, but are not limited to all
easements of record, utility easements, drainage easements, water system easements, storm -
water drainage easements, open space, and all internal roads (which will be dedicated to the
public on the face of the Final Plat) required as apart of this development.
6. Plat notes regarding geologic constraints shall be placed on the Final Plat in conformance
with recommendations of the project engineer (Huddleston -Berry), the Colorado Geologic
Survey and the Environmental Health Manager:
a. Lot -specific subsurface foundation investigations and geotechnical testing should be done
prior to building to identify specific subsurface conditions that may affect development
(collapsible soils, depth to groundwater, etc.);
b. Lot -specific septic investigations shall be done prior to building to identify subsurface
conditions that may affect septic performance and design. Engineer -designed systems are
required;
c. Proper foundation and utility drainage shall be established for all subsurface elements
within three feet of the seasonal high groundwater elevations, and positive drainage shall
be provided around structures. Downspouts shall be directed away from the foundations;
d. Establish and erosion control plan using best management practices;
e. Sulfate -resistant cement shall be used for construction;
f. Shallow foundations shall be placed on a minimum of 30 inches of structural fill and
flatwork be placed on a minimum of 12 inches of structural fill. That fill should extend a
distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral
edges of the foundations.
7. The Colorado Division of Wildlife recommendations shall be considered conditions of
approval of the Preliminary Plan:
a. Strict enforcement of speed limits;
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b. Removal of all fencing, wires and lines from previous activities;
c. The use of barbed wire to fence the site shall be prohibited;
d. Minimize soil disturbance to prevent the spread of weeds species.
8. Prior to approval of the Final Plat, the Applicants must provide information requested by the
Garfield County Vegetation Manager as follows:
a. The Applicants must treat the inventories tamarisk trees prior to the start of any
construction activities and they the forward treatment records to the Vegetation Manager
once the work is complete.
b. The Applicants must quantify the amount of surface disturbance related to the road cuts
and utility easements. A security amount may be required if the amount of disturbance
exceeds half an acre.
c. A Soil Management Plan shall be submitted that includes:
i. Provisions for salvaging on-site topsoil.
ii. A timetable for eliminating topsoil and/or aggregate piles.
iii. A plan that provides for soil cover if any disturbances or stockpiles will sit
exposed for a period of 90 days or more.
9. At Final Plat the Applicants shall submit information compliant with water storage for fire
suppression as recommended by the Fire Protection District.
10. The Final Plat application shall include information compliant with Garfield County Road
and Bridge recommendations regarding signage on CR 300 and that signage shall be included
in the Subdivision. Improvements Agreement at Final Plat. Further the County Attorney's
Office shall provide language in the SIA requiring necessary funding, should it become
necessary, for improvements or repairs to CR 300 as stated in Road and Bridge comments on
the application.
11. The Applicants must obtain a State Highway Access Permit for the intersection of State
Highway 6 and County Road 300. Upon adoption of this condition the Board of County
Commissioners shall assign the Applicants as designee to apply on behalf of Garfield
County.
12. The Applicants shall include the,following plat notes on the Final Plat:
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 ofliving 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
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pesticides, any one or more of which may naturally occur as a part of a legal and non -
negligent agricultural operations.
b. 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 thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
c. 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 ofusing 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 A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County.
d. All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
e. The mineral rights associated with this property have been partially or wholly severed
and are not fully intact or transferred with the surface estate therefore allowing the
potential for natural resource extraction on the property by the min
Dated this c day of '-e-br-t- , A.D. 20 0 "1 .
ATTEST:
GARFIELD
COMMIS
COLO
Y BOARD OF
IELD COUNTY,
erk of the Board
Chairm
Upon motion duly made and seconded the foreg
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
y the
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STA I b OF COLORADO
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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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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EXHIBIT A
Legal Description
A Parcel of land located in the SW1/4 of Section 27, Township 7 South, Range
96 West of the 61h P.M.
Beginning at the comer for section 27, 28, 33 and 34; thence along the west line
of the SW 1/4 SW % of Section 27, Not °57'23' W 157.90 feet to the right of way
for the Denver Rio Grand Western Rail Road; thence along said right of way,
N55°28'20"E 1544.32 feet to the east line of the SW1/4 SW 1/4 of said Section 27;
thence along the said east line. S01°43'44"E 1021.22 feet to the west 1/16
comer between said Section 27, S89°27'37"W 1297.94 feet to the point of
beginning.
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