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Home My WebLink About7.0 Resolution 2008-14gill Rece�.N� 01/17,2008 03: 34236Pp1 Jean Alberico 1 of 5 Rec Fee:$0,p0 0 0 l=ee,0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, geld in the Commissioners' Meeflu Room, Garfield County Plaza Building, in Glenwood Springs on Monday, December 10 , 2007, there were present: John Martin _ _ _ , Commissioner Chairman L U McCown _ _ _ _ , Commissioner Tresi Hou t , Cominissioner Michael J. Howard , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2_o 0 8 -14 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION FOR THE LEXIE MEADOWS ESTATES SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan Application from Jim Bob Ventures, LLC to subdivide a 76.19 -acre property into thirty-seven (37) residential lots, one (1) common open space lot to be owned and maintained by Lexie Meadows Home Owners Association and one (1) greenbelt tract to be owned and maintained by the owner of Lot 17 and which property is located west of the Town of Silt, Colorado on County Road 227 (Miller Lane) Garfield County; and WHEREAS, the subject property is located in the Agricultural 1 Residential / Rural Density (ARRD); and WHEREAS, on September 26th, 2007, the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on December 10th, 2007, the Board of County Commissioners opened a public hearing upon the question of whether the Preliminary Plan should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan; and VIII �'��i� �P�J�� .r.,�dh�r;11+�1�1 h *04 11111 Reception##: 741364 OW712008 03:23:23 PM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Board of County Commissioners closed the public hearing on the December 10`h, 2007 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning and Zoning Commission and before the Board of County .Commissioners. 2. That the public hearings before the Planning and Zoning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 6. The proposed use is in the best interest of the health, safety and welfare of the citizens of Garfield County. 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 request is approved with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall include the following plat notes on the final plat: a) One (I) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 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. sew., 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. 2 mill rrl' iY' 7i�r��rl7iiu111if�411Y7141tT1 'rif�'ri �R �I Reception #: 741364 0ill7,2008 03:23:23 PM Jean Albericc 3 of S Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c) 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. d) No further divisions of land within the Subdivision will be allowed. e) 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. 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. J) 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. g) Based on the analysis of the sub -soils on the property, Individual Sewage Treatment System and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner. - h) All streets are .dedicated to, the public but all streets will be constructed to standards consistent with Section 9:35 of the Subdivision regulation of 1984, as amended and repair and maintenance'shall be the responsibility of the Homeowners Association of the subdivision: i) 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). 3 ■ill flir��ll�l�f �f �111IIYINI�f��l�Hli� �llff Reception #: 741384 01/17!2008 03:23 :23 PM Jean Alberico 4 of 5 Rec Fee :$0.00 Doc Fee:0.00 GARFIELD COUNTY CO J) At the time of Individual Septic Disposal System permit submittal, the owner of each lot must demonstrate the location reserved for the placement of a second leach field in the event of a leach field failure. The reserve area must remain unimproved. k) Tract -A is designated as a greenbelt and may not be improved with any structures including those utilized in agricultural activities. 3. The Applicant shall pay the Traffic Impact Fee to Garfield County to be calculated at the Final Plat. ih shall be paid prior to the signing of the Final Plat, the remainder is to be paid at the time of obtaining a building permit. This information shall be included in the Declaration of Covenants and Restrictions; 4. The Applicant shall obtain a. State Highway Access Permit and complete all conditions identified by the Colorado Department of Transportation; 5. The Applicant shall provide at the time of Final Plat documentation in a form acceptable to Garfield County Attorney's Office regarding perpetual development restrictions for the proposed 19.95 acre greenbelt (Tract -A); b. Tract A (Greenbelt) shall be deed restricted requiring an above ground sprinkler irrigation system; 7. The Applicant shall reconfigure Lot 17 as represented during the Board of County Commissioners Meeting regarding the utility and irrigation easements placement with the lot; 8. The Applicant shall install sediment control fencing along the southern boundary and along the southern portion of the east and west boundaries during construction and until vegetation is established; 4 Mill lAWYAKI&A-XfV %l1k WN 11111 Reception#: 741364 01/17/2008 03:23:23 PM Jean Rlberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this ly'"' ATTEST: Clerk of the day of �, A.D. 2009. • ,� • n 0 ;c ' •2 •y Upon motion duly made and second the following vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, John Martin , Aye Lg r= McCown , Aye Tresi Houpt _ , Aye STATE OF COLORADO ) )ss County of Garfield ) IY, MA 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. 2007 County Clerk and ex- officio Clerk of the Board of County Commissioners 5