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HomeMy WebLinkAbout5.0 Resolution 81-96STATE OF COLORADO County of Garfield l" At a...............F.9g.q.1.4.f .... ...meeting of the Board of County Commissioners for Garfietd County, Colorado, ......4p.r.r..L .......A. D. G8.L........ , there were present: .......I+.e.f.fy....Y.g.l.g.p.ggg.?................. , commissioner chairman .......8.1.9.V.9ft....{.r.....9.9f.+.9.9............. , commissioner .......8t1.9.e.ne....i1.{.+m1.1....Q.r.+.rthhg.\1.s.9........... , ccmmissioner .......4.f.!.Lr.t+.I...4.:.....Ah.p.1.+.+.+.}p.r.....J_L.,,........ , county Attorney .......9h.g.ry.L....:I.r.....5.p..q.q.r.....P.9p.\+.!y.............. , crerk of the Board when the following proceedi:egs, among others were had and done, to-wit: RESOLUTION NO. 81-96 A RESOLUTION CONCERNED I,IITII TIIE APPROVAL OT A SPECIAL USE PERMIT A?T'LICATION BY WAYNE FLM&ING IHEREAS, the Board of County Commissioners of Garfield County has received an application from liayne I'lerrrning for a special use perr:nit for a coutrnercial park uses which include truo buildings for conmercial/retail purposes on the following described tract of land: A parcel of land located in the NE%SEk of Section 6, Township 6 South, Range 89 West of the 6th Principal Meridi.an, lying Northerly of the Northerly right-of-way 1i.ne of O1d U.S. HigJrway 6 and 24 (presently T-70 Access Road), Southerly of a parcel of land described as Docr:ment No. 265593 in Book 467 on Page 54 filed in the Clerk and Recorderrs office of Garfield County, Colorado, and Easterly of a county road, more particularly described as follor,rs: Beginning at an iron post with a brass cap properly uarked for the Southeast Corner of Section 34, Township 5 South, Range 89 I'Iest of the 6th Principal Meridian; thence S.32"45'00"W. 1756.13 feet to a point on the Northerly right- of-way line of said U.S. Highway; thence N.87"23'00"u. L39.57 feet along said Northerly right-of-way line to the IRUE POINT OF BEGINNING: thence N.87'23'00"W. L55.23 feet along said Northerly right-of-way line; thence N.01"40r00r'E. 150.00 feet; tfuence N.87"23'00'\^i. 100.00 feet to a point on the'Easterly line of sairi councy road; thcnce N.Ol-"40t00"E. t62.00 feet along said East:erly line t-o a point on the Southerly Line of said parcel described as Document No. 265593: thence S.87"23'00"E.255.23 feet along said Southerly line; thence S.01"40'00"W. 312.00 feet to the TRtrE POINT OF BEGINNING. lhe above described parcel- of land contains 1.484 acres, more or less. IfiEREAS, pursuant to required public notice, the Board ccnducted a public hearing on the 30th day of March, 1981, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were givea the opportuoi-ty to exPress their opinions regarding the issuance of said special use pe:mit; and WIIEREAS, the Board on the basis of the evidence produced at the aforementi.oned hearing, has made the following deteminations of fact; 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, prcvided that certain hereinafter contained conditions be complied with 2. Ihat neither the inpacE on traffic volume and safety or on utilities, or any other impact of the special use rvi11 be injurious to the established nei.ghborhood or zone district in which the speci-al use is to be located. N0^I, IIIEREFORE, BE IT RESOLVED by the Comsissioners of Garfield County, Colorado, that a special use pe:mit be and hereby is authorized pe::uritti-ng the use of the above described tract of land for a coumercial park which includes troo buildings for conrmercial/retail purposes, upon the following specific conCitions: 1. Ttrat the use of the tract of land comply with all present and future tegul-ations of Garfield relating to multiple uses on one 1ot under one ownership in the zone district in which the property is now or may later be located; 2. The use on lot //2 sha11 be limited to Connereial/Retail purposes in two buildings. 3. A 5 foot sidewalk will be provided along the l.Iesterly portion of the property in the New Countv Road ROtr^I at the expense of the applicant unless otherwise -J 4- 1-- !L^ ^^.--+--agl' tsCU Ltl u j urrE \u \Jure- r o 4. A 6 foot chain-link fence will be constructed along the Northerly Portion of the property before a certificate of occupancy r'rill be issued. 5. A11 parking areas sha1l be paved. 6. Access to the site shal1 be limited to tr^/o points along highway 6 and 24 and four poinEs along the New County Road. Access points sha1l be defined with concrete bumpers and landscaping along both the l^lesterly and Southerly portions of the property. 7. A11 water taps necessary to serve the project must be to the issuance of a ceriificate of occupancy for the project. 8. A11 irnprovements necessary fo serve the project must obtained prior be in place and funcLioning prior to the issuance of a certificate of occupancy. These improvements shall include: waterlines, sewerlines, paved parking areas, sidewalks, utilities, fencing, landscapinB, parking area br-unpers and any other improvements necessary to senre the project. 9. Uses in buildings that require special fire protection consideration or special construction sha1l be designated prior to the issuance of a buildingperait and subject to review, as desig;nated by code, by the Building Department and Fire Department. Ihese uses shal1 be those designated in the U.B.C. as "hazard" or (H) uses. 10. A 6 foot easement will be provided on the property on the I,lesterlyportion of his property to make a 50' ROl{ for the New County Road within 30 days of the public heari-ng date of March 30, 1981. 11. That there be a single access off Highway 6 and 24 to serve both lots and 2 as per the recommendation of the State Highway Department. L2. That prior to the issuance of the authorized special use permit, the above described tract of land sha11 be severed fron any other tract of land upon which there may exisi a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use pe:-rii, ATTEST:BOARD OF COI]NTY COMMISSIONERS GARFIELD COUNTY, COLORADO Upon motion Commissioners STATE OF COLORADO County of Garfield I, ......,........... ..... , County Clerk and ex-offieio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the ?r.icee.lirigs ;i L1c l:;-d ;f C:u;:7 3:;.=;;;er: io; sa:,j C;:fl:13 Cou:.:;, ::.:'; =. ;.; :Ifi::. IN MTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this.......,........,,..day of.....,... ... , A. D. 19............,. County Clerk and ex-officio Clerk of the Board of County Commissioners. ) l* STATE OF COLORADO County of Garfield l" of the Board of County Commissioners for-G^arfleld County, Colorado, 1 3th. IJLITtne...................................... day of ......... , Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board RESOLUTIO}I NO. 8I.90 WHEREAS, Wayne Flemming has petitioned the Board of County Corunissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land, under C.R.S. 1973, 30-28-101 (10) (a)-(d)' as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, Lg7g, Sections 2.02.21 (d) and 3.02.01 for the division of a 1.83 acre tract described as follows: In docuuelt 3q7525 filed in the Office of Clerk and Recorder of Garfield Couniy, Colorado into two tracts of approximately.34 and 1.48 acres each, rnore or 1ess, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land located in the NEkSEt of Section 6, Township 6 South, Range 89 West of the 6th Principal Meridian, lyi.ng Northerly of the Norrherly right-of-way line of 01d U.S. Highway 6 and 24 (presently I-70 access road), and Easterly of a county road, more particularly described as follows: Beginning at an iron post with a brass cap properly marked for the Southeast Corner of Section 34, Township 5 South, Range 89 lles" of the 6th principal Meridian; thence S.32";5'00"W. 1756.13 feet to a point on the Northerly right-of-way line of said U.S. Highway; thence N.87'23'00'\1. 294.8O feet along "rid Northerly right-of-way line to the TRUE POIM OF REGINMNG: thence N.87"23r00'!'. l-00.00 feet along said Northerly right-of-way liae to a point on the Easterly l-ine of said county road: thence N.01"40'00"E. 150.00 feet along said county road: thence S.87"23'00"8. 100.00 feet; thence S.01'40'00'\^I. 150.00 feet to the TRUE POIM OF BEGINII'IING. The above de-scribed parcel of land contains 0.344 acres' nore or 1ess. A 6 foot public easement located in the NFZSET of Section 6, Tovmship 5 South, Range 89 trrlest of the 6th Principal lleridi.an, lying Easterly of a county road and Norrherly of the I'lortherly right-of-rvay line of Old U.S. Highway 6 and 24 (presently I-70 Access Road), more particularly described as follows: Beginning at an iron post with a brass cap proDerly marked for the Southeast Corner of Section 34, Township 5 South, P.ange 39 L'est of the 6th Principal Meridian: thence S.32'45'00'\,I . L756.13 feet to a poini on the Nortirerlv right-of-way line of said U.S. Highwav; thence N.87'23'00"'!1. 388.80 feet alonEi said Northerly right-of- way llne to rhe TRUE POIIiT OF BEGIN)iI}{G: thence N.87'23'00'\.I. 5.00 feet along said Noitherly right-of-way line Eo a point on the Easterly line of said county road; thence N.Of'aO'00"8. 312.00 feet along said EasterJ-y line; thence S.87"23'00"E- 6.00 feer; rhence S.01"40'00'\{. 312.00 feet to the TRUE POINT OF BEGINNT-NG. Ttre above described easement contains Lr872.0 square feeE, rDore or 1ess. Tract B: A parcel of land located in the l{EkSEk of Section 6, Township 6 South, Range 89 l.Iest of the 6th Principal Meridian, lying Northerly of the }lortherly righr-of-wiy line of Old U.S. Highway 6 and 24 (presently I-70 Access Road), Southerly of a parcel of land described as Docr:ment No. 265593 in Book 467 on page 54 filed in the Clerk and Recorder's office of Garfield County, Colorado, and Easterly of a county road, rnore particularly described as foll-ows: Beginning at an iron post wiEh a brass cap properly marked for the Southeast Corner of Section 34, Township 5 South, Range 89 I'lest of the 6th Principal Meridian: thence S.32"45'00'\{.1756.13 feet to a point on the Northerly righE-of-wav line of said U.S. Highwa-v; rtrence N.87"23'00"IJ. 139.57 feet along said Northerly right- of-way line ro the TRUE F'LrIliT OF BEGIIINING: Ehence N.87"f3'00"1i. 155.23 feeE along said liortherll' right-of -r,;av line; thence i'i .01'10 ?00" E. 1.50.00 feet; Ata held at the.Cgrurt House in Glenwood SpringsAP{.++ ........A. D. re....there were present: Dr when the following proceedings, among others were had and done, to-wit: thence N.87"23r00'1^I. 100.00 feet to a point on the Easterly line of said countyroad; thence N.01"40'00"E. 162.00 feeE along said Easterly line to a point onthe Southerly line of said parcel described as Docur,ent No. 265593; tirenceS.87"23'00"E. 255.23 feet along said Southerly line; thence s.Ol"4O'g6"tril. 312.00feet to the TRI]E POINT oF BEGINNING. The above described parcel of land contains Lr484 acres, more or less.(in the SLate of Colorado and Counry of Carfield); and I'IHEREAS, the Petltloner has demonstrated to the satisfaction of the Boardof County Conrnissioners of Garfield County, Colorado, that the proposed divisiondoes not fa1l within the purposes of Part 1, Article 28, Title 30r-Colorado RevisedStatutes L973, as amended, for the reason that the impact created d.oes not' warrantfull subdivision revier,r. I^IHEREAS, Ihe Petitioner has deuonstrated to the satisfaction of the Board ofCounty Cormnissioners of Garfield County, Colorado, that there is a reasonableprobability of locating domestic water on each of said tracts, that there is adequateingress and egress to said tracts, that the location of septic tanks will be pennittedby the Colorado Department of Health, that the requested division is not part ofan existing or larger development and does not fall within the general pripo"""and intent of the subdivision regulations of the State of Colorado .and the Countyof Garfield, and should, therefore, be exempted from the clefinition of the terms"subdivision" and "subdivided land" as set iorth in C.R.S.1973, 30-28-101 (10)(a)-(d), as amended; NOI^I, IIIEREFORE, BE IT RESOLVED that the division of rhe above describerltracts "A" and "B" from the above described 1.83 acre tract is hereby exemptedfrom such definitions and said tract nay be divided into tracts 116r' "16 rrgir, all as is more fu11y described above, and said divided tract may be conveyed inthe form of such smaller tracts without further compliance with the aforesaidsubdivision statutes and regulations; provided, howiver, that this exemption isgranted on the condition and with the express understanding and agreement of thePetitioner that no further exernptions be allowed on said. tiacts ',A,' and "Bt', andthat a copy of the instrument or instruments of conveyance when recorded shall befiled with this Resolution. Dare<i ttris 13.th day of A,pri1 , A.D. 19gi. TIIE BOARD OF COT]NIY COMMISSIOMRS ATTEST: z/- Deputy Cle4k of rof County Commiss ners ard Garfield County,Colorado Upon motion duly made and s-econded the foregcing Resolution was adopted by the following vote:Larry Velasquez.......;1;..;.;.+......:..;.;.;.:-_.4.::.:.:...............,. ,........................Aye-h'Iaven J. Cerise ....................Aye l" Commisrioners STATE OF COLORADO County of Garfield I, ...............'.' ...'., County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the Countv and State aforesaid do hereby certif_v that the annexed and fcregci::g O:d* is::ul;; copleC f:c=:he Rec:rd; -l the Proceedings 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 Spnngs, this....................day of ......... ..., A. D. 19.............. County Clerk and ex-officio Clerk of the Board of County Commissioners.