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Home My WebLink AboutResolution 2009-091HIWIC♦4OWA:4kiII Reception#: 762610 02/03/2009 01:45:19 PM Jean Alberico 1'of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 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 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 '/, 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 1 111IVf itneinviimtliinirreclr I I' Iit 11111 Reception#: 762510 02/03/2009 01:45:19 PM Jean Alberico 2 of 8 Rec Fee:$0 00 Doc Fee 0 00 GARFIELD COUNTY CO approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 8th day of December, 2008 upon the question of whether the above-described Subdivision 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 amendment. G. The Board of County Commissioners closed the public hearing on the 8`h day of December, 2008 to make a final decision. H. 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 arc 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. 2 VIII'iPY4iWr�ifM'lIII11.110 4 MWil0:1110i.110LI i 1111 Reception#: 762610 02(0312009 01.45 19 PM Jean Rlberico 3 of 8 Rec Fee.30.00 Doc Fee.0 00 GARFIELD COUNTY CO 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; 3 11111 ' Fl hiik Iiri1 1111 Reception#: 762610 02/03/2009 01:45:19 PM Jean A10erico 4 of 8 Rec Fee:$O.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 4 ■1!1 !'� FY4i4��,�M1+,1+�+h1I+�G�� 1�1�;r��r��ir+ 4�4�LIN�� 1I 111 Reception#: 762610 02103/2009 01:45:19 PM Jean Rlberico E of 8 Rec Fee:$O.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 a day of , A.D. 20 D , . ATTEST: GARFIELD COMMIS .IO COLO '•IS 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 ng Resolu s adopted COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , ye , Aye , Aye y the 5 111471FAWN%1i1KWIritinkle, *I 11 11 1 Reception#: 762610 02/03/2009 01:45.19 PM Jean Rlberico 6 of 8 Rec Fee:$0 00 Don Fee.0,00 GARFIELD COUNTY CO STA I h OF COLORADO County of Garfield ) )ss 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 6 11111 riamoirm.paiiimiortifiewm*Itiru 1111 Reception#: 752610 02/03/2009 01..45:19 PM Jean Alberico 7 of 8 Rec Fee. $0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Legal Description A Parcel of land located in the SW1/4 of Section 27, Township 7 South, Range 96 West of the 6th P.M. Beginning at the comer for section 27, 28, 33 and 34; thence along the west line of the SW '/. SW '/4 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°29'20"E 1544.32 feet to the east line of the SW 1/4 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. 111 knITAIMII i+�!,I ,L ' 'I�h'�F��l�r�HI�� 11111 Reception#: 762610 02/03/2009 01:45:19 PM Jean filberico 8 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 3 E i say tipp;}� Figiti341 /PPP44 2 p 5 eI�1 S - MMMEIMIXO dT, 00 �! PFELIIIMARY PLAN MOND PLD. i MOWN 111111:111701. 13001\111 IT Q