HomeMy WebLinkAboutResolution 2008-1351111 MFJN21102.1k 5441/ri. :11t'tA 1, U ,1I111.1#i11id 11111
Recepption#; 760230
12f5712008 12:45:37 PM Jean Alberico
t of 6 Rec Fee:S0.00 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 Std day of November A.D. 2008, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Deborah Ouinn , Assistant County Attorney
Marian CIayton for 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. ?OO 8— /3S
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
REQUEST FOR THE SUAREZ SUBDIVISION TO CONTAIN FOUR SINGLE FAMILY
RESIDENTIAL LOTS ON A PARCEL OF LAND 40.064 -ACRES OWNED BY KJS
REVOCABLE LIVING TRUST, GARFIELD COUNTY
PARCEL NO# 2177 - 343 -00 -387
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a
Preliminary Plan application to subdivide a 40.064 -acre property into four (4) single family
residential lots and said property is legally described as Lot 44, Grass Mesa Ranch Subdivision
located in unincorporated Garfield County.
B. The subject property is owned by KJS Revocable Living Trust and located south of the
City of Rifle at 3711 Grass Mesa Road.
C, The subject property is located within the Agricultural Residential Rural Density
(A/R/RD) Zone District.
D. The Planning Commission held a public hearing on April 23, 2008 to consider the
application and forwarded a recommendation of approval with conditions to the Board of County
Commissioners for the Preliminary Plan.
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E. The Board of County Commissioners opened a public hearing on the 31'd day of
November, 2008 upon the question of whether the Preliminary Plan should be approved, approved
with conditions or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the subdivision.
F. The Board of County Commissioners closed the public hearing on the 3'd day of
November, 2008 to make a final decision.
G. 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 hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete,
that alI pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
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 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.
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 for the Suarez Subdivision owned by KJS Revocable Living Trust,
Garfield County is hereby approved subject to compliance with the following conditions:
1. That all representations made by the Applicant in the application, and at the public hearing before
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the Board of County Commissioners and Planning Commission, shall be conditions of approval, t
unless specifically altered by the Board of County Commissioners;
2. The Applicant shall provide a pump test (minimum four hours) for each of the existing wells and
an written opinion from the qualified professional conducting the test regarding the adequacy of >/
the wells to serve the proposed development to be submitted with the Final Plat application;
3. The Applicant shall provide a water quality analysis for each of the existing wells demonstrating `(
compliance with state guidelines regarding bacteria and nitrates to be submitted with the Final Plat
application ;
4. The Applicant shall be responsible for 50% of the Traffic Impact Fees at the time of Final Plat (to ✓
be calculated after submittal of Final Plat Application);
5. The Applicant shall include language in the Restrictive Covenants regarding the future lot owner's
Traffic Impact Fee responsibility required at the time of Building Permit submittal;
6. The Applicant shall depict a drainage easement to accommodate the existing off-site drainage
basin that drains through the subject property;
7. The Covenants and Restrictions shall include Ianguage regarding the required installation of a
totalizing flow meter as required by Colorado Division of Water Resources well permits;
8. Covenants and Restrictions for Suarez Subdivision shall be consistent with Grass Mesa Covenants
and State Law;
9. The following plat notes shall be included on the Final Plat:
a) One (1) 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 -404 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.
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 L/
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.
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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.
f) All owners of land, whether ranch or residence, have obligations under State law and County
regulations with regard to the maintenance offences 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 properly, 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.
h) 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).
i) All lots are subject to the Declaration of Easements, Restrictions and Covenants for Grass
Mesa Ranch.
I)
Water Quality Analysis conducted on the subject property have demonstrated high levels of
Aluminum and Iron, individual water treatment systems should be utilized
k) Legal access is provided to Grass mesa Homeowners Association across public land as
further described in right -of -way grant COC- 36769.
1) As a condition of approval, Accessory Dwelling Units are not allowed within the Suarez
Subdivision.
10. The Applicant shall include the construction of water storage tank, dry hydrant and emergency
access road as components of the Subdivision Improvements Agreement;
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11. The Suarez Subdivision Covenants and Restrictions shall include language regarding emergency
access road maintenance as represented in the Applicant's fire protection plan;
12. The Suarez Subdivision Covenants and Restrictions shall include table 9.1 Summary of
Water Storage Tank Inspection, Testing, and Maintenance as depicted on the Applicant's fire
protection plan;
13. Accessory Dwelling Units are not allowed within the Suarez Subdivision;
14. The Applicant shall submit an updated West Divided Water Conservancy Contract allowing
for the approved four (4) single family dwelling units and the 40,000 gallon storage tank to
be used for fire protection;
Dated this 16-6 day of , A.D. 20 D .
ATTEST:
GARFIELD 'LINTY BOARD OF
COMMI
, GARFIELD COUNTY,
Chairm
Upon motion duly made and seconded the for going Resolu was ado' ed by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
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.
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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
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