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STATE OF COLORADO
County of Garfield
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At a soecial meeting of the Board of county commissioners for Garfield County, Colorado,held in the Commissioners' Meeting Room, Garfield county Courthouse, in Glenwood Springs onWednesday , the 27th of Ma), A.D. 19 9g , there were present:
, Commissioner Chairman
, Commissioner
Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. q B= ? o
A RESOLUTION CONCERMD WITH TTM APPROVAL OF A PRELIMINARY PLAN FOR TI# LOSAMIGOS RANCH, FILINGS 6-10 SUBDTVISION.
WHEREAS, Los Amigos Ranch Partnership filed an application with the Board ofcommissioners of Garfield county for approval of a Freliminary iian for the Los Amigos Ranch6-10 Subdivision; and
County
Filings
WI{EREAS, the Garfield County
6- 10 Preliminary Plan application and
Commissioners; and
Planning Commission reviewed the Los
recommended conditional approval to
Amigos Ranch Filings
the Board of County
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 thehearings before the Planning Commission and Board oiCounty Commissioners.
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 andthat all interested parties were heard at that hearings.
That the Garfield Courty Planning Commission recommended conditional approval of thePreliminary Plan.
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Subject to the conditions set herein, the proposed subdivision of land is in compliance withthe recommendations set forth in the Comprehensive Plan for the unincorporatei area of theCounty.
With exceptions set forth below, all data, suryeys, analyzes,studies, plans and designs asrequired by the State of Colorado and Garfield County have been submitted, reviewed, andfound to meet all sound planning and engineering requirements of the Garfield CountySubdivision Regulations' The requirements of Resolution No. 96-67,paragraph 5. have notbeen met as follows:
A' In regard to environmental and health impacts the Board determined that theevidence demonstrated at least the following:
l ' Any proposed ISD system to be utilized in this subdivision would require
close monitoring and a high level of maintenance. Failure to achieve strictcompliance would result in system failure and potential contamination ofgroturd water. Neither the County, nor the developer can adequately assurestrict compliance.
2 The Board could not find adequate evidence of a monitoring plan that would
assure no contamination to ground water.
The applicant did not adequately demonstrate that geologic conditions, whichmay include shallow surface soils, fractured bedrock and existing watertables, were suitable for ISD systems.
After review of the environmental and health impacts, demonstrated by thetotality of the information presented to the Board, the Board determined thatthe applicant shall not be allowed to service the remaining rots within LosAmigos Ranch PUD with ISD systems, other than as set fJrth in paragraph
13 below.
B' The Colorado Department of Health and Environment has not made an actualaffirmative recommendation of approval as required by 30-2g-136 (l)(g) cRS,although the Board recognizes that by 30-28-i36 (z) CRS we must treat thatdepartmentt silence as a favorable recommendation under the statutes.
Subject to the conditions set forth herein, the proposed subdivision of land conforms to theGarfi eld County ZoningResolution.
For the reasons set forth herein, the proposed subdivision is in the best interest of the health,safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
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NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Los Amigos Ranch Filings
6-10 Subdivision for the following described turincorporated area of Garfield Courty be approved with the
following conditions:
1.All representations of the applicant, either within the application or stated at the public
hearings before the Plaming Commission and the Board of County Commissioners shall be
considered conditions of approval, unless stated otherwise by the Plarming Commission and
the Board of County Commissioners.
The Homeo\ ner's Association shall be included as a part of the Los Amigos HOA and
incorporated into it in accordance with the Colorado Revised Statutes. The protective
covenants, articles of incorporation and other Homeowner's Association documents including
by-laws will be submitted for review by the County Attomey prior to the approval of tlie
Final Plat.
The applicant shall pay $200 per lot in Road Impact Fees prior to the approval of the Final
Plat.
All recommendations ofthe Colorado State Forest Service regarding wildfire protection will
be incorporated into the covenants, including the design guidelines identified in the NFPA
299 standards for the Protection of the Life and Property from Wildfire.
The residential lots in Filing No. 6, designated as "presently non-developable single family"
lots will either be merged with adjoining lots in the filing or a request for minor amendment
to the PIID Plan will be made to merge the lots in question with the Open Space designation
in the PIID. The lot shown as "presently non-developable neighborhood commercial" will
be included on the Filing 6 final plat and noted as a lot subject to further subdivision and that
no development will occur on the lot until a Preliminary Plan for the lot is submitted and
approved by the Board of County Commissioners.
That a minor modification of the PUD Plan is hereby approved by the Board of County
Commissioners as a part of the approval of the Preliminary Plan to accommodate the
mergers set forth in paragraph 5. above.
The RR Lots 1-3 shall include easements for water and access purposes that are the shortest
connection possible consistent with sound environmental conditions and constraints, on the
applicable plat. Further that RR Lot 3 shall have a building envelope designated on the
appropriate plat, that has been identified as being buildable by a registered geotechnical
engineer.
The applicant is required to include the following plat notes on any final plat:
A. Prior to the issuance of a building permit, the owner of each lot shall prepare and
submit a soils and foundation report, a grading and drainage plan, and a geologically
acceptable building site prepared and certified by a professional engineer. All
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improvements shall be constructed in accordance with such engineering
recommendations, which shall be a condition of Los Amigos Ranch Architectural
Control Committee approval and the building permit.
B. The owner of each lot utilizing an individual sewage disposal system (ISDS) shall
obtain site specific percolation tests to determine whether a standard septic system
is acceptable or an engineered system is appropriate or required. Each ISDS shall be
designed to minimize tree removal and changes to the natural contours of the land.
C. The recommendations of the Colorado State Forester and the Fire Chief as set forth
in the Supplemental Declarations dated Septernber 28,1992 et. seq. shall be followed
in the construction of all structures.
All lots designated to lie within the Spring Valley Sanitation District shall obtain
central sewer service pursuant to agreement with the District.
Open hearth solid-fuel burning fireplaces are not allowed.
Each dwelling unit is allowed one dog.
The BLM has reserved all mineral interests on the property and there may be mineral
extraction activities on the property in association with these mineral rights.
A new phasing plan, consistent with Section 4:34 of the Garfield County Subdivision
Regulations, as submitted by the applicant, has been accepted by the Board of Cor-rnty
Commissioners and incorporated into the approval of the Preliminary Plan, during the public
hearing
That the applicant comply with all of the recommendations of the Division of Wildlife noted
in a letter dated 3/1 1/98.
At the time of each Final Plat, properly formatted computer disks will be provided to the
Coturty that will transfer the plat information to the Courty Assessor's CAD system and the
County Geographic Information System
As a result of the determination of this Board set forth in Findings paragraph 5. (See above),
as a condition of approval the method of sewage disposal shall be a low pressure central
sewage disposal system of a type similar to that proposed by the Garfield County Engineer,
with the cost of the central sewage line to be borne by the developer.
The Rural Residential lots shall be allowed to utilize individual sewage disposal systems,
provided a ground water monitoring system is approved by the County Engineer prior to
Final Plat approval and the monitoring plan will be the responsibility of the Los Amigos
Ranch Homeowners Association.
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14. The monitoring and eradication of all noxious weeds shall be the responsibility of the Los
Amigos Ranch Homeowners Association.
Dated this 2 7 day of Mav , A.D. 19 qs
ATTEST:GARFIELD COUNTY BOARD OF
COMMIS SIONERS, GARIMLD COLINTY,
COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Marian Smith , Aye
Larry McCown , Aye
John Martin 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 certify that the amexed 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 WiTNESS WHEREOF, I
Glenwood Springs, this _ day of
hand and
A.D. l9
have hereunto set my affixed the seal of said County, at
County Clerk and ex-officio Clerk of the Board of County Commissioners
/bil
Chairman
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