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Home My WebLink AboutResolution 2006-0511E11 11111 111111 111 111111 111111 0111 111 11111 1111 1111 69071 01/18/2006 02:37P B1765 P1 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield ) At a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on, Wednesday, the 1 1th day of November, 2005, A. D. there were present: John Martin Larry McCown Tresi Haupt Don DeFord Mildred Alsdorf Ed Green , 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. 2006 -05 A RESOLUTION CONCERNED WITH GRANTING A PRELIMINARY PLAN FOR A RE- SUBUDIVISION OF LAND IN GARFIELD COUNTY, CREATING 7 PARCELS FROM A PARENT TRACT OF 69.36 ACRES, ALSO KNOWN AS PARCELS 5-1 AND 5- 2, OWNED BY BATTLEMENT MESA PARTNERS WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Battlement Mesa Partners to subdivide a 69.36 acres located in the Battlement Mesa PUD on the east side of Stone Quarry Road and on the south side of Battlement Mesa Parkway, Garfield County, State of Colorado; and WHEREAS. the Preliminary Plan proposes to subdivide the 69.36 acre Property into 7 parcels as follows: 1. Tract 1, Lot l and 2 (6.01 acres) 2. Tract 2 (25.68 acres) 3. Tract 3 (1.80 acres) 4. Tract 4 (11.42 acres) 5. Tract 5 (17.37 acres) 6. Tract 6 (7.09 acres) WHEREAS, the zoning of the Property, as part of the Battlement Mesa PUD, consistent with the Resolution of August 14, 1975, as amended, includes: "BC" (Business Center), "LDR" (Low Density Residential), "MDR" (Medium Density Residential), and "PSR" (Public Semi - Public Recreation); and 1 111111 11111 1111111 111 111111 111111 11111 111 11111 690716 01/18/2006 02:37P B1765 P2 M RLSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, on September 14th 2004, the Garfield County Planning Commission, in a public hearing, recommended that the Board of County Commissioners approve the Preliminary Plan with conditions; and WHEREAS, on November 14th, 2004, the Board of County Commissioners held 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 Preliminary Plan; 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. Proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of County Commissioners. 2. The hearings before the Planning 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 §4.00 of the Garfield County Zoning Resolution of 1978, as amended, by way of §5.04.06 of said Resolution. 4. The application is in compliance with the standards set forth in §4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 5. All data, surveys, analysis, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all planning and engineering requirements of the Garfield County Subdivision Regulations NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County Colorado that based on the determination of facts set forth above, the Preliminary Plan request is approved with the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. Access for the subject subdivision shall be in accordance with the Garfield County Road and Right -of -Way Use Regulations, including Road and Bridge Permit Numbers GRB05 -D- 97 & 98. 3. The Applicant shall place the following plat notes on the final plat: a. "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, 2 1 111111111111111111111 II11111111111111111111111lint 690716 01/18/2006 02:37P 61765 P3 M AL5DORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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." 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 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." d. "All exterior lighting will be the minimum amount neces ary 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. "One (1) dog will be allowed for each residential unit and the dog shall be confined within the owner's property boundaries." f. "Foundations shall be site specific and engineered by a Professional Registered Engineer with the State of Colorado." g. "25 foot setbacks shall be maintained from all structures built adjacent to steep slope escarpments." 4. The private access easement(s) across Lots 1 and 2 of Tract 1 shall be depicted on the Final Plat 5. Further development of the Property shall be in accordance with the Subdivision Regulations of Garfield County, Colorado of 1984, as amended, specifically §6:00, "Amended Plats," and §7:00 "Re- subdivision," as applicable; and a. If access for Tract 5 is directly from a County Road, said access shall be approved by the Garfield County Road and Bridge Department. 3 1 111111 11111 1111111 111 111111 111111 11111 111 11111 ill 1111 690716 01/18/2005 02:37P 61765 P4 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO b. Tract 3, reserved and declared as a public access and utility ROW (Reception No. 362168 Book 669 Page 692), shall be constructed and secured at the time of future development of adjoining tracts. c. At the applicant's discretion, the north end of Tract 3 may be dedicated as a public ROW and accepted by the County on the face of the first Final Plat, using the "Board of County Commissioners Certificate" as set forth in the Subdivisions Regulations of Garfield County, Colorado of 1984 as amended. Dated this 16th day of January 2006. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COI ORADO ,,, jJpo .motion duly made and seconded the foregoin Resoluti n w.: adopted by following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRf SI HOUPT , Aye , Aye , Aye 4 STATE OF COLORADO ) )ss County of Garfield ) 1111 111111111111111111111111111111111111111111111l1 1111 690715 01/18/2005 02:37P B1755 P5 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO , 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 WL NESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2006. County Clerk and ex- officio Clerk of the Board of County Commissioners 5