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County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners'M""ting Room, Garfield County Plaza Building, in Glenwood Springs on Monday,
the l5th day of September, 2003, there were present:
Ed Green
Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2oo3-89
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAI\ FOR
GILEAD GARDENS SUBDIVISION SUBMITTED BY BBD, A TRUST, DAVID AND RENEE
MILLE& TRUSTEES
WHEREAS, the Board of County Commissioners of Garf,teld County, Colorado, ("Board')
received a Preliminary Plan application from BBD, a Trust, David and Renee MiIIer, Trustees
("Applicant") to subdivide approximately 35 acres of land into 9 single-family residential lots; and
WHEREAS, the Applicant also requested approval for five (5) accessory dwelling units on
parcels of4 acres and greater; and
WIIEREAS, the properly subject to this resolution is described as a parcel of land situated in the
W1,12 of Section ?, Township6 South, Range 9l West of the 66 PM, Garfietd County, Colorado; and
WHEREAS, on July 7,2003, the Garfreld County Planning Commission forwarded a
recomrnendation of approval with conditions to the Board of County Commissioners for the Subdivision
Preliminary Plan request; and
WIIEREAS, the Board held a public hearing on the 15th day of September,Z}}3, 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 15u day of September,2003, 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:
That proper posting and public notice was provided, as required, for the hearing before the Board
of County Commissioners;
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2. 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 paxties were heard at that
hearing;
3. 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;
4. That the application is in conformance with the 1978 Garfield County Zoning Resolution, as
amended;
5. That the application is in conformance with the Garfield County Subdivision Regulations of
1984, as amended.
6. That the application is in conformance with the Garfield County Comprehensive Plan of 2002.
NOW, THEREFORE, 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 Cilead
Gardens Subdivision be approved subject to the following conditions:
l. That all representations made by the Applicant in the application, and at the public hearing before
the Plaruring Commission, shall be conditions of approval, unless specifically altered by the Planning
Commission
2. The Applicant shall include in the Protective Covenants for the Subdivision the following:
A. As represented by the Applicant and required by the Colorado Division of Water
Resources, the Covenants shall be modifred to conform to the conditions of the approved
well permit [Permit No. 56217-F].
Article II(C ) of the Protective Covenants shall be modified to reflect section 5.03.21 of
the Zoning Resolution which states that Accessory Dwelling Units shall be detached
stnrctures and not anached.
C. The "Declarant" should be distinguished from the Mitlers as property owners. Article
IX@) of the Protective Covenants may set up a conflict between the Homeowners
Association and the Trust if the Miller holds title to their individual lots.
According to the Office of the State Engineer's letter dated June 12, 2003, there should be a
limitation on the number of other livestock I farmanimals, other than horses. This
limitation shall be reflected in the Covenants.
Article V(E) of the Protective Covenants regarding mining, drilling and quarry shall be
consistent with Article III(F).
Clarify the Lot "number" in Article V(FX2) of the Protective Covenants and edit this
section. Add at the end of this section, "and well permits".
Article V(K) of the Protective Covenants shall be clarified as to whether or not hunting by
the residents is allowed.
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H. Exhibit A referenced in Article V(O) of the Protective Covenants shall be attached.
I. Exhibit B referenced in Article V(Q) of the Protective Covenants shall be attached.
The following geologic hazardmitigation measures shall be taken:
A. The recommendations by Hepworth-Pawlak Geotechnical,Inc. ("HP GeoTech") outlined in
the Preliminary Geotechnicai Study for the Subdivision dated December 29,2000, [Job No.
tOO 6721shall be adhered. These Preliminary Design Recommendations include provisions
for foundations, floor slabs, under-drain system, site grading, surface drainage and pavement
subgrade.
B. The Applicant shall comply with and incorporate the recommendations from the Colorado
Geological Survey, dated June 23,2003:
i. Slopes: The 10' construction setback, at the crest of the river telTace, recommended in
the HP GeoTech report should be qualified, i.e. the basis for the l0' setback and if the
setback accounts for increased soil moisture due to the proposed ponds on Lots 8 & 9.
ii, Drainage: HP GeoTech identifies the location of the property on a relatively young
alluvial fan. Alluvial fan features are typically composed of fine-grained soils that are
poorly cernented and tend to erode quickly during large storm events. The
iecommendations of HP GeoTech and Boundaries Unlimited to construct berms on the
upstream side of the proposed lots should be included in the site grading plans. Diversion
birms on each of the lots would help to minimize damage in event a debris flow or flash
flood crosses the site.
iii. Soils: HP GeoTech's recommendations regarding the mitigation of the concerns with
swelling and compressible soils on this site shall be adhered. Given that the soils on this
site are moisture sensitive, the locations of the proposed ponds, on Lots 8 & 9, shall be
sited with considerations to how the increased soil moisture will affect the performance
of the nearby foundations.
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 cornpleted, prior to the issuancg
of a Certificate of Occupancy, or radon gas mitigation can be incorporated in the design of
the structures. Should radon gas be found after testing, mitigation shall be done prior to
Certifi cate of Occupancy.
4. Any well serving more than one property is defined as a central water supply system. In
accordance with section 9:53 of the Subdivision Regulations, all lines in a central water system shall be
looped, with no dead ends included in the system. Prior to Final Plat, the Applicant shall provide plans
for a central water supply system that is looped to be reviewed by the County Engineering Department.
5. Any activity in the 100-year floodplain of the Colorado River other than allowed in accordance
with Section 6.09.01(2XC ) of the ZontngResolution ["recreation and open space uses such as parks, golf
courses, picnic grounds, green belts, wildlife preserves, and trail systans"] shall comply with section 6.00
of the Zoning Resolution.
6. The Applicant shall comply with the recommendations of the Garfield County Road and Bridge
Department, dated January 7,2003, as follows:
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i. Driveway permits will be issued after the approval of the subdivision by Board of County
Commissioners. The driveway permits will have special conditions that will be specified in
the permits.
ii. Stop signs shallbe installed at all entrances accessing Garfield County Road 335 and
maintained by the homeowners association,
iii. Brush shall be cleared the length of the property along CR 335 and the fence shall be moved
back to the property line (right-of-way line) at the sub-dividers expense prior to the
completion of the subdivision.
iv. The driveway at 1577 CR 335 and the driveway at 1l7l CR 335 shall be abandoned when the
new driveways are installed and operable.
v. The ditch along the property and CR 335 shall be piped in culvert pipe. The installation and
all future maintenance shall be at the sub-dividers and home owner's expense.
vi. The two structures that encroach within the right-of-way of CR 335 may rernain, however,
these structures if replaced shall comply with applicable setback requirements. Prior to Final
Plat, the Applicant shall obtain an Encroachment Agreement for the two structures with the
County.
vii. Construction work zone signage shall be posted on CR 335 during driveway construction.
Signage shall be posted in accordance with guidelines in the Manual of Uniform Traffic
Control Devices
7. Prior to Final Plat, the Applicant shall determine if there are two separate driveway permits, one
for Lot 1 and one for the Bullock's property on file in the Carfield County Road and Bridge Department.
Should there only be one driveway permit for both parcels, the Applicant shall apply for a separate
driveway permit for Lot 1.
8. The Applicant shall comply with the recommendations of the Burning Mountain Fire Protection
District ("BMFPD"), as follows:
A. Two copies of the recorded Final Plat shall be provide BMFPD, which shall include:i. An easernent along the fult length of the dry hydrant system, from pond to riser, allowing
fire department access.
ii. A plat note that specifies the location of the systern and access to it will be maintained at
all times by either the current property owner or an active homeowners association.
iii. A plat note stating that the system will be capable of providing at least 100,000 gallons of
water at all times.
iv. A plat note which stipulates BMFPD has the right to use portions of the 100,000 gallons
for fire suppression outside the bounds of the Subdivision.v. A 70 foot diameter cul-de-sac dimension at the end of both Garden Lane and Hanrest
Court.
vi. A 20 foot driveway width for all lot accesses within the subdivision.
B. Prior to Board of County Commissioner review of Finat Plat, two (2) copies of construction
drawings of the system shall be provided to BMFPD which shows:
i. A certified State of Colorado Engineers stamp.ii. An accurate representation of the information provided in drawing C-2 of the Preliminary
Plan.
iii. That the dry hydrant meets the specifications set out in Section 9.3 of N.F.P.A.ll42.
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C. Upon completion of the dry hydrant system, a letter from the design engineer shall be
provided to the BMFPD stating that the system has been installed per dEsign and is capable of
providing the represented function(s).
D. No dwellings shall be given Certificate of Occupancy until all the above conditions have been
satisfied, specifically the engineer,s letter.
9. The Applicant shallprovide the following weed rumagement information for review and
approval by the Garfield County Weed Management Director prior to Final Plat:
A. Noxious Weeds:
Inventory and mapping: Clarification on the leafu spurge. The Applicant shall meet with
the Garfield County Vegetation Management Department on-site to look at the leaff
spurge. Since it is rare in the County it is important to manage new infestalions as soon
as we can.
ii' Weed Management: The Applicant shall comply with the Cotorado State Noxious Weed
Act and the Garfield County Weed Management Plan and m,rnage Scotch thistle,
common burdock, Russian knapweed, Russian olive, oxeye daisy, and leafy spurge.
Weed management shall occur before lots are offered for sale and should be the -
responsibility of the Applicant and the Homeowners Association, when formed.
iii. Covenants: Weed management for the Association and each individual lot owner is
addressed in the covenants. The Applicant shall add language under Article II-B that
addresses weed management on all roads and easements within the subdivision.
B. Revegetation:
The Applicant shall provide a map or inforrnation of areas impacted by soil
disturbance outside of the building envelopes, prior to Final Plat. This map / infonnation
shall quantify the area, in terms ofacres, to be disturbed and subsequently reseeded on road
cut and utility disturbances. This information will help determine the amount of security that
will held for revegetation.
The security shall be held by Garfield County until vegetation has been successfully
reestablished according to the attached Reclamation Standards. The Board of County
Commissioners will designate a member of their staffto evaluate the reclamation prior to the
release of the security.
C. Soil Plan
The Revegetation Guidelines also request that the Appticant provide a Soil
Management Plan 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 disturbincei or stockpiles will sit exposed for a
period of 90 days or more.
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10. The proposed subdivision is located in the Garfield County Traffrc Studl Area 3. This area calls
for an impact fee paymenr to Gartreld County of $226 per average dailyrrip (ADT) generated by the
subdivision. The toial impact fee payment shall be determined prior to Final Plat' Pursuant to section
4:94 .f the Subdivision nlgulations, 50% of the road impact feis shall be collected at the Final Plat for
the Subdivision. All otherioad impact fees will be collected at the issuance of a building permit'
I l. prior to Final Plat, the Applicant shall obtain a valid well permit, or permits, from the Division of
Water Resources for the described uses in the West Divide Water Conservancy District Water Allotment
Contract / Lease.
12. In addirion to other required conditions of approval, the Applicant shall include the following plat
notes on the Final Plat:
A. All exterior lighting will be the minimum amount necessary and all exterior lighting will be
directed inwaid
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do*n*urd, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
B. One (l) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries'
C, No open hearth solid-fuet fireplaces will be allowed anywhere within an exemption. One (1)
new solid-fuet burning stove is defied by C.R.S. 25-7401,et. seq., and the regulations
promulgated there unIer, will be allowed in any dwelling unit. All dwelling units will be
allowed an uffestricted number of natural gas burning stoves and appliances.
D. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,-
residents and visitors must be prrpurid to accept the activities, sights, sounds and smells of
Carfield County's agricultural opirations as a normal and necessary aspect of living in a.
County with a itro"g rural character and a healthy ranching sector. All must be prepared to
"r"orot", noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads,
livestock on pubtic roads, storage and disposal of manure, and the application by spraying or
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E. All owners of land, whether ranch or residence, have obligations under State law and County
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A good introductory ro*ce for such information is "A Guide to Rural Living & Small Scale
Agiiculture" put ouf by the Colorado State University Extension Office in Garfield County.
F. Due to the potantial for mineral exploration on the subject Parcels, the Applicant shall
provide disclosure to all potential lot owners via the Protective Covenants, as a note on the
Lxemption Plat and at the time of closing. In addition, gas exploration is occurring within the
area. The mineral estate will allow the drilling of a well within I 60' of a house per OGCC
regulations.
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13. Prior to Final Plat, the Applicant shall provide an approved permit from the State Minerals and
Geology Office granting permission for the continued construction of the two ponds.
14. Pursuant to section 9:34 of the Subdivision Regulations, all streets / roads within the subdivision
shall be dedicated to the public. Repair and maintenance of these roads shall be the responsibility of the
incorporated Homeowners Association of the Subdivision.
15. All easements and grantees of the easement shall be shown on the Final Plat and property
conveyance documents shall be completed at Final Plat.
16. An easement to the river dedicated to the Wards Reynolds and Goldman, Ditch, Pump and
Pipeline for the emergency release of water to the Colorado River shall be delineated on the Final Plat and
shall be conveyed to the Ditch Company with property legal documents.
77. Straw bale houses shall comply with the applicable Carfield County building code at the time of
constmction.
18. Prior to Final Plat approval, a plan for landscaping and screening on the westerly boundary of the
property, for the benefit of neighbors to the west, shall be submitted.
19. At Final Plat, a security for improvements to assure that all improvements will be fully
constructed in accordance with all applicable standards and plan shall be submitted.
20. The following Colorado Division of Wildlife recommended wildlife mitigation measures shall be
adhered to:
A. An increase in domestic animals is likely to accompany the zubdivision of the subject
property. Domestic pets should be monitored closely.
B. The site is periodically used by black bear, primarily for migration. In order to minimize
negative human-bear interactions, refuse storage facilities should be designed to be bear-
proof.
C. Of special concern is the feeding of wild waterfowl. Residents of the subdivision should be
educated regarding the detrimental effects of feeding wild waterfowl. Interpretative sigrlage
in the recreational / park area shall be installed requesting that the residents and guest do not
feed the wildlife.
Dated this 3rd day of NovembqA.D. 2003.
GARFIELD COLINTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
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Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
John Martin Nye
Aye
AyeTrdsi Houpt
STATE OF COLORADO
County of Garheld
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I,,CountyClerkandex-officioClerkoftheBoardofCounty
Commissioners in una f* ttr C**ty *O 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. 2003
County Clerk and ex-officio Clerk of the Board of County Commissioners
Larnr McCown