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HomeMy WebLinkAbout5.0 Resolution 2010-741111 f ills irYl,IELIKI ,IOCI410`I Irk U II 11111 Reception #: 792485 10104!2010 04:05:15 PM Jean Alberico 1 of 6 Rec Fee:$0.00 Doc Fee: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 20th day of September A.D. 2010, there were present: John Martin Tresi Houpt Mike Samson Don DeFord Jean Alberico Ed Green (absent) , 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. 2010 -74 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE HIGHLINE RANCH SUBDIVISION LOCATED IN GRASS MESA RANCH, COLORADO, GARFIELD COUNTY PARCEL NO# 2177- 214 -00 -461 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a Preliminary Plan to allow for the subdivision of a 39.683 -acre parcel into three parcels. B. The 39.683 -acre parcel (known as Lot 6A of Grass Mesa Ranch) is located in Section 21, Township 6 South, Range 93 West of the 6th P.M. and is more fully described in a Warranty Deed recorded at Reception Number 524423, Book 1065 and Page 604. C. The subject property is contained within the Rural zone district within unincorporated Garfield County. D. The Board is authorized to approve, approve with conditions, or deny a request for Preliminary Plan pursuant to Article V, Section 5 -303 of the Unified Land use Resolutions of 2008, as amended. E. The Planning Commission opened a public hearing on July 8, 2009 and continued the public hearing to August 12, 2009 at which time the Planning Commission recommended 1 6 1IIII4FYt'ire.111. PCI1111ri1111iIrli 'lla4it11li+111111 Reception #: 792485 1010412010 04:05:15 PM Jean Alberico 2 of 6 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 20th day of September, 2010 upon the question of whether the above - described 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 plan. G. The Board of County Commissioners closed the public hearing on the 20th day of September, 2010 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. For the above stated and other reasons, the proposed 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 if the Applicant complies with the adopted conditions of approval. 4. That, upon compliance with adopted conditions of approval, the application has met the requirements of Article V, Section 5 -303 of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Preliminary Plan to allow for three (3) parcels on the 39.683 -acre parcel (known as Lot 6A of Grass Mesa Ranch) is hereby approved subject to compliance with the Preliminary Plan, attached Exhibit A, and the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2 1111 IA111111 a1MlliN IwiL larig41011,166 k+i 11111 Reception #: 792485 10/04/2010 04:05:15 PM Jean Alberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. The Applicant shall have the wells tested for the basic Primary Drinking Water Standards for inorganic chemicals (heavy metals, nitrate, and sulfate) and bacteria and radioactivity. The Applicant shall have the test results delivered to the Building & Planning Department as part of the Final Plat Application. 3. The Applicant shall have an engineer, licensed to practice in Colorado, prepare calculations for domestic (drinking & irrigation) water storage in each residence as well as a separate individual storage systems for fire protection to support sprinkler systems in each new residence. These calculations and requirements shall be included in the Protective Covenants and as a plat note on the Final Plat. 4. The following additional plat notes shall be included on the Final Plat: A. 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. B. 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. C. 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. D. 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 3 Reception *: 792485 10/04/2010 04:05:15 PM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. E. Based on the analysis of the sub -soils on the property, Individual Sewage Disposal 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. F. 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). G. All lots are subject to the Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch as well as specific Declarations of Covenants for Highline Ranch Subdivision. H. The owner of each lot shall demonstrate that the required individual domestic and fire protection water storage has been included within their building permit application to Garfield County. Dated this LI day of 0 c__-o , A.D. 20 10 . ATTEST: of the Board GARFIEL COUNTY BOARD OF OMMI IO RS, GARFIELD 0 Upon motion duly made and seconded the fore: ' es . ution w. - adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER TRESI HOUPT COMMISSIONER MIKE SAMSON , Aye , Aye , Aye 4 1111 WI YY��I+'Y��M�! IMi�,I� l�4CNiG�4ii�'I4 4�ii� Nl�� 1111 Reception #: 792485 10,0412010 04:05:15 P11 Jean Alberico 5 of 6 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield T, , County Clerk and ex- officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex- officio Clerk of the Board of County Commissioners 5 Qom$ larq PWA R 4ij' g 1 1 A RI E2A l 19 10 $$ Rio � 41 § Sys RR 441 gg Pm ;E 2r4ep ARIp NJ 24iii RIOXI Wag Oka al" a -4 m n 0 z n m O 0 0 O 3 0 0 N c 0 0 n m P E. ¢8 iihr" 0 z N c 0 N m a i s a v , a( , s g A 4 S> y A43Nfi3� p A 0 0 1/ li 9 4"!1 i! 4 I sig li 12 X gg 4g ii;,. i. i',. i. 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GLENWOOD SPRINGS, CO 81601 PHONE 1970) 9458678 • FAX (970)9415258B WWW.HCENG.COM nAAwN RpK NO. DAZE REVISION BY c114[XEC 6Y, FWH 1 4/15/09 REVISED ACC DRCINGr0 couNTYCrM ,MEN-rs_ DRO nA S 2/ 18/09 FILE PPLAT 1111 inF5' 1111%G11I1.I4h1.110 11111 Reception #: 792485 10/04/2010 04:05:15 PM Jean Rlberico 6 of B Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO CALL1ITI CENTS 1-BO OR 534.067 CALL ZEIUSIN 9EFOFEY VENXCCAVATE F ERGROLI