HomeMy WebLinkAboutResolution 2010-74NM K ltintiiWtt1iW1L Ii`l HUN 11II1
Reception #: 792485
10!0412018 04.05:15 PM Jean Alberico
1 of 6 Rec Fee:$0.00 Doc Fee: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, 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 , Commissioner Chairman
Tresi Houpt , Commissioner
Mike Samson , Commissioner
Don DeFord , County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent) , 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
(a
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Receptionf: 792485
10!0412010 04:05:15 PM Jean Riberico
2 of 6 Rec Fee:$0.00 Don 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
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Reception## : 792485
10/04/2010 04:05:16 PM Jean Alberico
3 of 6 Rec Fee50.00 Ooc 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
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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 `'f day of 0 L4-0 L1- , A.D. 20 1 n .
ATTEST:
GARFIEL a COUNTY BOARD OF
OMMI' IO RS, GARFIELD
Upon motion duly made and seconded the foreg ° —' es ution w. adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER TRESI HOUPT
COMMISSIONER MIKE SAMSON
, Aye
, Aye
, Aye
4
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Receptiontt: 792485
10!0412010 04:05:15 PM Jean Alberico
5 of 6 Reo 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, l 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
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