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Home My WebLink About5.0 Resolution 2012-72.pdf1111 Wil'.1. ~~~.V'JI.~W tHIIIK~ 11M.~ N~ ~~~~ IIIII Rece~tion": 822759 08/14/2012 02:36:52 PM Jean Alberico 1 of 10 Reo Fee:$0.00 Doc Fea: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 Administration Building in Glenwood Springs on Monday, the 16th of July A.D. 2012, there were present: .,Jo.,.hn.....,M"""artil!!in,__ ____ a..,b,s"'en"'t~---------• Commissioner Chairman .,Mik"''""'-e ""'S,am"""'so,.n.___ _______________ , Commissioner _.,T"'o .. m...,J"'ank':""o"-v,_.s,.,kJ-.v~-------------' Commissioner -"C"'are'-".Ly--'Ga"-"Qgn.,o""n'-----'----------------'' Acting County Attorney ,Je,an""-'Al-""b"'en"'· c,o'------------------• Clerk of the Board "'An"""d""re"'w!...G""-"o.,rg.,e:;:,y ______________ __,, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. ,;loJJ.-7 ;/ A RESOLUTION OF APPROVAL FOR A PRELIMINARY PLAN FOR HOMESTEADS ON MILLER LANE, ON A 36.465 ACRE PROPERTY OWNED BY JIMBOB VENTURES II, LLC LOCATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2179-064-00-725 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Preliminary Plan as further described in Exhibit A, SITE PLAN. B. The Homesteads on Miller Lane is located within a 36.465 acre parcel of land owned by JimBob Ventures II, LLC. The ownership of this property is described in a Special Warranty Deed found at Reception Number 719193 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in Rural zone district, approximately 1.6 miles west of the Town of Silt. D. The Planning Commission opened a public hearing on the 25th day of April, 2012 for consideration of whether the proposed Preliminary Plan should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. I 1111 W"''~~~V'II,~J\ I'Wtii~!.~LM~~~ *'~ IIIII Reception~: 822759 . 08114/2012 02:35$,5020P0MD JeaFnoeA0lb;~l~~RFIELD COUNTY CO 2 of 19 Rec Fee: . oo · · E. The Planning Conunission closed the public hearing on the 25th day of April, 2012 to make a final decision. The Planning Commission voted to recommend the Board of County Commissioners approve with conditions the Preliminary Plan. F. The Board of County Commissioners opened a public hearing on the 16th day of July, 2012 for consideration of whether the proposed Preliminary Plan should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 16th day of July, 2012 to make a fmal decision. I. The Board of County Conunissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations offact: 1. That proper public notice was provided as required for the hearing before the Planning Commission and Board of County Commissioners. 2. The hearing 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 meeting. 3. The Preliminary Plan is in general conformance with the Garfield County Comprehensive Plan 2030. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of2008, as amended. 5. The proposed use is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. J. The Board of County Commissioners voted to approve the Preliminary Plan with conditions. Commissioner Martin was absent for the hearing and the vote. 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. 2 · 1111 M\".1. ~~~.V'II.~W.M!.Ilnllll.l'lll ~.11r7Cit'U"J. II II I ReGeptlonij: 822739 08/14/2012 02:a5:62 PM Jean Alberico 3 of 10 Reo Fee:$0.00 Ooo Fee:0.00 GARFIELD COUNTY CO B. The Preliminary Plan for Homesteads on Miller Lane is hereby approved subject to compliance with the following conditions: l. That all representations made by the Applicant in the application, and at the public hearing before shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Fees 2. The Applicant shall include 50% of the road impact fee with the Final Plat. The remaining 50% shall be collected at the time of issuance of a building permit. 3. The Applicant shall pay a Cash-In-Lieu Payment for schools as calculated in Section 405 (0)(3) of the ULUR with the Final Plat. Permits 4. Prior to the approval of the Final Plat, the Applicant shall obtain a National Pollutant Discharge Elimination System Permit and air pollution permit from the Colorado Department of Public Health and Environment. These permits shall be submitted to the Garfield County Planning Department for review as part of the Final Plat application submittal. Plat Notes 5. The following plat notes shall be placed on the Fina1 Plat: a. Control of noxious weeds is the responsibility of the property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. b. 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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and · in a non-negligent manner. Therefore, 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. 3 1111 w .. ~~~~V'II,r.'.I,M\".Iftl,.ll~lll\1 IW Me~,~~~ IIIII Reception#: 822759 . 08/14/2012 02:35$,6020P0MD JeaFnee00lb0Wl~RRFIELD COUNTY co 4 of 10 Reo Fee: . co . · 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 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 "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. d. 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. 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. e. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries. f. Uranium is present in the ground water. All residential dwellings within the subdivision shall, at a minimum, have an "under the sink" type reverse osmosis (RO) unit in each kitchen. g. All single family homes within the subdivision shall incorporate the provisions of Appendix F Radon Control Methods found in the 2009 International Residential Code for new construction. h. The mineral rights associated with this property have been partially 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 mineral estate owner(s) or lessee(s). i. Any benn/darn constructed for the detention pond shall be located at least 25 feet from the toe of the northern bank ofthe Lower Cactus Valley Ditch. j. At the time of building permit, a flow meter with above ground readout capacity shall be installed for each water well. k. To insure the preservation of open space within the Homesteads at Miller Lane Subdivision, no structures shall allowed to be constructed outside of the 4 ·1111 MY'• ~~~~V'JI,~~ NUl ,lfti~A r¥~ ll« ~r+fl ~~~.1. II II I Receptionn: 822759 09/14/2012 02:36:62 PM Jean Alberico 5 of 10 Rec Fea:$0.00 Doo Fae:0.00 GARFIELD COUNTY CO designated building envelope for each lot shown on the Final Plat and as restricted in the Declarations of Covenants, Conditions and Restrictions for the Subdivision. However, a lot owner may construct a water well, driveway, underground utilities, perimeter fencing, and an Individual Sewage Disposal System outside the building envelope. This plat note shall not be changed without the express written consent of the Board of County Commissioners of Garfield County in a public meeting. Water 6. The Final Plat submittal shall contain all well permits and demonstrate that all wells have been drilled and tested for quality and quantity. 7. All residential dwellings within the subdivision shall, at a minimum, have an "under the sink" type reverse osmosis (RO) unit in each kitchen, which requirement shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal. 8. At the time of building permit, a flow meter with above ground readout capacity shall be installed for each water well. This requirement shall be added to the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal. 9. The Final Plat submittal shall contain proof that the Applicant has transferred water rights to the Homeowners Association to meet the representation of legal water supply except Silt project water will be conveyed appurtenant to each lot. Individual Septic Disposal System aSDS) 10. The ISDS Design and Performance Standards prepared by Boundaries Unlimited Inc. dated February 28, 2011 shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal. Building Construction 11. All single family homes within the subdivision shall incorporate the provisions of Appendix F Radon Control Methods found in the 2009 International Residential Code for new construction, which requirement shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal. Revegetation 12. Revegetation security in the amount of $16,250 (.5 acres x $2,500) shall be paid prior to the approval of the Final Plat. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards 5 1111 M\".1. ~2.,,1/'11,~~ ~~ rMI-+\~Mil!loLR~ ~·~ IIIII Reception#: 822759 08/14/2012 02:35:52 PM Jean Alberioo 6 of 1~ Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO section in the Garfield County Weed Management Plan. The Reclamation Standards at the date of permit issuance are cited in Sections 4.06, 4.07, 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). Weed Management 13. Weed Management is not addressed in the Declaration of Covenants, Conditions and Restrictions. At Final Plat, the Applicant shall add narrative to the following sections: a. Section 9.09-Maintenance of Drainage Facilities-Add language that addresses the management of noxious weeds along the ditches. b. Section 10.07 -Lots to Be Maintained-Change the sentence in the sixth line from "free from the accumulation of trash, debris, or excessive weeds" to "excessive or County Listed noxious weeds." Wildlife 14. Mitigation measures specified in the Wildlife & Ecological Assessment of Residential Development for County Subdivision-The Homestead on Miller Lane report prepared by Colorado Wildlife Science, LLC (dated June 30, 2010) shall be incorporated into the subdivision's Declaration of Covenants, Conditions and Restrictions submitted with the Final Plat except that wildlife compliant fencing shall be allowed. Utilities 15. Prior to the approval of the Final Plat, the Applicant shall provide Garfield County staff "Will Serve" letters from the applicable electric, natural gas, and telephone companies. Fire Protection 16. All homes within the subdivision shall install code compliant fire sprinkler systems and a water tank (minimum of2,500 gallons) to accommodate domestic use and sprinklers. 17. The driveway on Lot 8 shall be designed to accommodate frre and emergency vehicles. Prelimimuy Plan Maps 18. Prior to the approval of the Final Plat, the Applicant shall make the following revisions to Sheets V2 and C2. 6 Make the following revisions to Sheet V2: a. Title this sheet as shown on Sheet Vl (top center) but the first line shall read "Preliminary Plan" instead of "Preliminary Plat Map"; b. Add legal description; c. Add Land Use Summary chart as shown on Sheet Vl; d. Identify areas of landscaping and delineation of the type and extent of vegetative cover on the site; e. Identify the zone district on the site; f. Label existing land uses and zoning on adjacent parcels; g. Show a 70 foot wide ditch easement (35 feet from both sides of the ditch centerline) for the Lower Cactus Valley Ditch. Also, adjust the berm for the detention pond so that it's at least 25 feet or more from the toe of the northern bank of the ditch; and h. If the BOCC proposes to alter Lots 2 and 3 as specified by the Planning Director at the Planning Commission hearing on April 25, 2012 (attached as Exhibit A), the Applicant shall remove the building envelopes on Lots 2 and 3 and modify the building envelope on Lot 8, if necessary, to meet the 50% open space requirement. The north lots lines of Lots 2 and 3 shall also be adjusted to increase the open space acreage on Lot 8 while maintaining a minimum two acre lot size on Lots 2 and 3. Make the following revisions to Sheet C2: a. Show a 70 foot wide ditch easement (3 5 feet from both sides of the ditch centerline) for the Lower Cactus Valley Ditch. Also, adjust the berm for the detention pond so that it's at least 25 feet or more from the toe of the northern bank of the ditch. Declaration of Covenants. Constraints and Restrictions/Bylaws/Subdivision Improvements Agreement 19. The Applicant shall work with the Garfield County Attorney's Office to finalize the Declaration of Covenants, Constraints and Restrictions, Bylaws, and Subdivision Improvements Agreement prior to Final Plat approval. 20. The Applicant shall install a crown at the entrance/exit to the Homestead Drive to create a downward sloping grade at the mouth of the road which shall result in a down casting of vehicle headlights leaving the subdivision. The Applicant shall also widen the right turn lane of Homestead Drive to ensure vehicles exiting the subdivision will turn 7 ·~~~tf!~~~~~~~~URIN\l~~IW, ~K~~~ IIIII 08/14/2012 02:35:52 PM Jean Alberico 8 of 10 Reo Fae:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO earlier and further to the right in order to avoid vehicle headlights from shining into the residence located at 382 County Road 227. The Applicant shall also provide a cash contribution not to exceed $1,500 to the residents of 382 County Road 227 that shall be applied toward the actual cost of materials and construction for an extension of the six ( 6) foot privacy fence on that property. 21. The Applicant shall modify the Declaration of Covenants, Constraints and Restrictions to include narrative stating: a. Owners of Lots 1-7 shall maintain the native grass up to the edge of Homestead Road; b. Owners of Lots 1-7 shall maintain without obstruction the drainage ditch along Homestead Drive that crosses their lot; and, c. Owners of Lots 1-7 shall install a driveway culvert to maintain positive drainage of the roadside ditch along Homestead Drive, if necessary. Dated this _r_~_+<-___ day of --"'~""· """""'t~""=:::L...-----' A.D. 20 I ~ ATTEST: BOARD OF GARFIELD ··----. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: "'C"""O..,_M..,M:"I""S""SI.,O,..N':"E""'R""'C~H""A'""I""R,_,J'""O"""HN"'-'-"F'--'.-"MA""-"R"'"T"-'IN"'-'---------~' Abstains due to absence on hearing date. "'C~OM~M~I~SS~I~ON~ER~M~I 2KE~S~A~M~S.><OuN _____________________ ,Aye "'C.,.OM""'MI~ss~I.,.ON~ER~T_,O""'M'-'J""A""N"'K""O!...!V'-"S"'K'""Y ________________ , Aye 8 · · 1111 wr.~.n~.~ii.UIU'flltlr« ltV.It'I'.IHIIIWWll.~·~ IIIII Reception#: 822759 08/14/2012 02:36:52 PM Jean Alberico 9 of 10 Rec Fee:$0.00 Doc Fae:0.00 GARFIELD COUNTY CO 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 WI1NESS 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 9 / 1111 MY'.~oiiii'IIMiKll~!t~'llf,l~rclf!li~!Hlo::~"' IIIII Recept!ann: 8227!9 09/14/2012 02:35:62 PM Jean Alberico 10 of 10 Reo Fee:$0.00 Doc Fea:0.00 GARFIELD COUNTY CO Building Envelope- Lot 8 Exhibit A Lot3 -No Building Envelope, Min. 2 CJ:;-i\.,."J;Uf ..... ~:·~ COU'lll'~W ,.,\. .... <;>;>~m Z'.-;;.<>6~ -. -----·- - Lot2-No Building Envelope, Min. 2 u...tc,'fO<tr }l! ..... lffilN~ w..r ro&·£'11 ,.-. ....... -:.. ----_._-. "-'-:____ _-: _. _·_ .. _. -- ,., ~v:...~~«M~tillml'i ,KOJ!'n,j<l)lt.."Y.!l~' III'U'.CO~'""' "~ 10 """''MTIIt"'-l.!tH l't!OOll!i' !U.OO&It!!! ··~