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HomeMy WebLinkAbout1.9.4 Resolution 99-1101111111111111111111111111111111111111111111111111111111 553812 10/18/1999 04:48P B1155 P796 M ALSDORF 1 of 4 R 0.00 D 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 Courthouse, in Glenwood Springs on Monday, the 18th of October A.D. 1999, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9g_'[ 1 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE ST. FINNBAR SUBDIVISION. WHEREAS, St. Finnbar Land Company filed an application with the Board of County Commissioners of Garfield County for approval of Preliminary Plan for the St. Finnbar Subdivision; and WHEREAS, the Garfield County Planning Commission reviewed the St. Finnbar Preliminary Plan application and recommended approval to the Board of County Commissioners; and 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 fmds as follows: 1. That proper publication, public notice and posting was provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. 2. 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 and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 1111111111111111111111111111111111111111111111111111111 553812 10/18/1999 04:48P B1155 P797 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 5. That all data, surveys, analyses, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. 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. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of St. Finnbar Subdivision for the unincorporated area of Garfield County described in the application, be approved with the following conditions: 1. All representations made by the applicant at the public hearing and in the Application shall be considered conditions of approval, unless specified otherwise by the Board including, but not limited to, the following items listed below. 2. The Homeowner's Association shall be incorporated in accordance with Colorado Revised Statute requirements. 3. The applicant shall prepare and submit a Subdivision Improvements Agreement addressing all on-site improvements, prior to the submittal of a final plat. 4. The applicants shall submit improvement plans for all roads, bridges, utilities, fire protection, improvements signage and drainage structures prior to the submittal of the final plat. That all roadways shall be constructed in accordance with the design standards in effect at the time of submittal of the Final Plat, except for the variances approved by the Board 5. That the applicant shall pay the appropriate School Site Acquisition Fees prior to the approval of the Final Plat. 6. Prior to the approval of the Preliminary Plan, the Applicant shall submit documentation that would allow the State Department of Water Resources to recommend approval of the project's water supply. 7. That the building envelopes be in an additional 10', to resolve the potential conflicts with the floodplains designations. 8. That the fisherman's easement be made a public easement very clearly in the covenants and on the plat and consistent with the Division of Wildlife comments. 1111111 11111 111111 111111 11111 11111 11111 111 11111 1111 1111 553812 10/18/1999 04:48P 81155 P798 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 9. That a favorable response be received from the Carbondale and Rural Fire Protection District. 10. That accessory dwellings subject to the standards in the Zoning Resolution, be approved as a part of the subdivision approval for the lots at least four (4) acres in size. 11. That the applicants shall prepare and submit protective covenants, articles of incorporation and other Homeowner's Association documents including by-laws will be submitted for review by the County Attorney prior to the approval of the Final Plat. 12. All mitigation proposed by the Division of Wildlife contained in their letter of July 6, 1990 and September 24, 1991 shall be considered conditions of approval . All grazing is limited to historic hay fields and individual catch pens will be limited to 7500 sq. ft.. 13. That the applicant shall submit applicable School Site Acquisition Fees for the subdivision, prior to or at the time of approval of the final plat. 14. That the following plat notes shall be included on the final plat: "Prior to the issuance of a building permit, each lot will be staked and certified by a R.L.S. verifying building location within approved envelope." "Portions of subdivision are in areas defined by FEMA as regulated floodplain. Minor channel shifting has occurred in the past, and will likely continue in the future. These shifts can occur in events less than the theoretical 100 -year flood event." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The individual lot owners shall be responsible for the control of noxious weeds." "Application for a building permit for each lot within the subdivision shall include a grading and drainage plan consistent with the engineer's report submitted at preliminary plan, showing the physical improvements necessary to mitigate the 100 -year flood flow from the drainage basin located west of the county road." "One (1) dog will be allowed for each residential unit within the subdivision and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." 11111111111111111 11111111111 11111 111111111111111111111 553812 10/18/1999 04:48P B1155 P799 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 15. That the final plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. Dated this 1 8 day of October , A.D. 19 99 . ATTEST: - (1) A' 1. • erk of the Board . =' W GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLOR4DO Chai Upon motion duly made and seconded the foregoing Resolution was adopted b COMMISSIONER CHAIRMAN JOHN F MARTIN ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER WALTER A. STOWE ,Aye STATE OF COLORADO ) )ss County of Garfield ) lowing vote: 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. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners