Gunnison County Board of Commissioners Regular Meeting Minutes (2)

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GUNNISON COUNTY BOARD OF COMMISSIONERS Page 11 of 17 and the applicant in order for the applicant and subsequent homeowners within this subdivision to remove water from the City of Gunnison ditch for irrigation. Such agreement is required to be submitted in the Final Plan. 7. The City of Gunnison has indicated that no fences, sheds or other structures are allowed to be located within the easement along the City's ditch, and has requested that language be included in the protective covenants stating that restriction. The Board finds inclusion of that language to be in the interest of the public health, safety and welfare. 8. The City of Gunnison has verbally requested, and the applicant has verbally agreed, to allow the City to construct a gate on the walkway across the subject property to the City's diversion structure. g. There exist easement disputes with William Chandler and with Richard and Phyllis Guerrieri that have not yet been resolved. The County Attorney's position on such civil matters has been that the Land Use Change Permit Process shall not "be held hostage" to reaching such resolution. However, there is no clear evidence as to whether lot lines and dimensions and /or numbers of lots would require realignment, depending upon resolution of the disagreement, and such resolution may require replat of at least a portion of the current plan. Such discrepancy shall be required to be indicated on the Final Plat. 1o. The easement for the City of Gunnison's irrigation ditch, and its required setbacks are required to be shown on the Final Plat. 11. County Attorney David Baumgarten has provided the opinion that, "... [O]ne can affirmatively include in the calculation of lot size that portion of the lot used exclusively for a private road. In order to take advantage of this calculation, the plats, covenants and deeds must clearly identify the location and dimensions of the private road, limit the use of the road to private road use by landowners, guests and invitees and utilities, prohibit construction and use of non -road improvements in the road, and provide for reciprocal use of the road by other lot owners." Those identifications are reasonably required to be included within the covenants and plats submitted as part of the Final Plan, and within deed language conveying individual lots. 12. The applicant has indicated that the name of this development will be changed from "Cottonwood Park" to "North Cottonwood Park," to avoid duplication of the name of an existing manufactured home park in the County. The title of "North Cottonwood Park" will therefore be the correct reference for the Final Plan of this development. 13. Neighbors to the property, both immediately adjacent, and across the river channel, have expressed concern about the fragility of the "island" portion of this property, and about the safety of children who may attempt to cross water to play on it. The applicant has, during this review, removed the "island" as part of the recreational open space. Language is to be added to the Protective Covenants indicating that the "island" is not to be used by park residents. 14. The recommendations by the Colorado State Forest Service for maintenance of lawns and common ground areas, stacking of fire wood, and inclusion of signs identifying lot owner and address are in the best interest of public health, safety and welfare, and language identifying that provision and maintenance of those elements are a responsibility to be overseen by the homeowners' association is therefore required to be included within the Final Plan submittal of the protective covenants. 15. Significant vegetation currently exists along the Guerrieri irrigation ditch, shielding adjacent landowners, the Carl Reinmans, from the subject property, and therefore providing some mitigation of visual and noise impacts to the Reinmans from proposed development activity. If for any reason the vegetation is significantly decreased, the vegetative buffer is required to be replaced; the width of that buffer, and the specific kinds of vegetation (heights and types of trees and bushes) within it are required to be included within the final landscaping plan, and the width of the buffer shown on the Final Plat. 16. Section 5 -305: D.5.a.1. of the Revised Land Use Resolution requires that when landscaping is included, an estimated related demand for water, based upon information required by the Natural Resources Conservation Service. The final version of that document is required to include http : / /www.co.gunnison.co.us/BOCC /minutes /20030304mn.html 6/6/2003