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HomeMy WebLinkAbout4.0 Resolution 80-101STATE OF COLORADO County of Garfield Ata regular held at the Court House in Glenwood Springs on Monday, the 2nd June A. D. 19 80 • SS. meeting of the Board of County Commissioners for Garfield County, Colorado, , there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez , Commissioner Flaven J. Cerise , Commissioner Arthur A. Abpiana1p' Jr. , u Cont, Attorney Nancy Sprick Page, Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-101 RESOLUTION CONCERNED WITH THE CONDITIONAL APPROVAL OF AN APPLICATIION FOR SPECIAL USE PERMIT BY AUSTIN HETJSCHKEL. day of WHEREAS, an application has been submitted by Austin Heuschkel for a special use permit for a mobile home park, in accordance with Section 7.03 of the Garfield County Zoning Resolution, on the following described tract of land: A parcel of land situated in c_overnment Lots 20 and 21, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Easterly right-of-way of the Glenwood Ditch, Northerly of the Northerly Boundary of Government Lot 31, located in said Section, and Westerly and Southerly of Document No. 261923 as recorded in the Clerk and Recorder's Office of Garfield County, Colorado, is more particularly described as follows: Beginning at the Northeast corner of said Lot 20,;an iron post with a brass cap found in place; thence S. 26° 04'07" W., 1282.88 feet to a point on said Document 261923 Southerly Boundary, the "True Point of Beginning"; thence leaving said Boundary South 60.00 feet; thence S.44'15'54" E. 146.82 feet; thence S. 27° 22'05" W. 210.64 feet to a point on said Lot 31 Northerly Boundary; thence S. 89° 42'59" W. 337.48 feet along said Boundar:,-; thence leaving said Boundary, N. 57° 36'25" W. 667.40 feet to a poinnt on said Ditch right-of-way; thence N. 17° 41'47" E.,170.00 feet along said right- of-way; thence N. 47°52'25" E. 139.48 feet along said right-of-way; thence N. 52° 16'46" E., 189.68 feet along said right-of-way; thence N. 57° 16'07" E. 213.85 feet along said right-of-way,thence N.-58° 22'27" E. 45.84 feet along said right-of-way to a point of inter- section with said Document 261923 Boundary; thence leaving said right-of-way Scuth,298.72 feet along said Boundary; thence S. 26° 00'00"E., 238.93 feet along said Boundary; thence East, 265.15 feet along said Boundary to the "True" point of beginning. The above described parcel of land contains 9.52 acres, more of less. A parcel of lam:', situated in Lots 20, 21 and 30 of Section 1, Town- ship 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, partially described by Document No. 276349 as filed in the Garfield County, Colorado records, said parcel of land is more fully described as follows: Beginning at the Northeast Corner of said Lot 30, whence the North- east Corner of said Lot 20 bears; N.30° 40'18" E. 1752.90 feet; thence 5, 02° 20'00" W. 181.76 feet along the easterly line of said document; thence West 353.46 feet along the southerly line of said document; thence along .the centerline of a 20 foot road easement, N. 070 33'38" W. 139.87 feet; thence N.12° 45'40" W. 278.44 feet; thence N.41° 45'51" E. 32.69 feet; thence N.32° 59'08" E. 75.80 feet; thence N.19° 05'15" E. 43.35 feet to the Northwest Corner of said document thence leaving said centerline, S. 57° 36'25" E. 667.40 feet along the northeasterly line of said document to the point of beginning. The above described parcel of land contains 5.05 acres, more or less. • • WHEREAS, the Board of County Commissioners has conducted public hearings duly advertised and held in accordance with the requirements of Section 9.03.04 of the Garfield County Zoning Resolution regarding the question of whether the requested special use permit should be granted, and, if granted, whether any conditions should be imposed upon such special use permit, and during such hearings received extensive testimony and other evidence from the applic..nts and interested parties; and WHEREAS, the Board of County Commissioners has considered said application and impact statements, the recommendation of the Garfield County Planning Commission and the testimony and other evidence presented at said public hearings, and based thereon, said Board of County Commissioners hereby makes the following findings in respect to such application, to -wit: 1. That all procedural and notice requirements set forth in the Garfield County Zoning Resolution with respect to special use permit applications have been met and this proceeding is properly before this Board; 2. That said application is complete in all respects except as hereinafter noted, in accordance with the provisions and requirements of Section 9.03 of said resolution, and the applicant has paid the required fee. 3. That the proposed facility and all buildings and structures proposed in connection therewith are in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except for approval of a special use, as required by Section 9.03 of the Garfield County Zoning Resolution. 4. That the Board must, for purposes of analyzing the subject application against the provisions of the Garfield County Zoning Resolution, establish the neighborhood which may be affected by the possible granting of the proposed speical use permit, and further that the Board has determined that, except as otherwise noted herein, such neighborhood is that area of Garfield County, Colorado, Sections 6 and 7, T. 7 S., R 88 W, and Sections 1 and 12, T. 7 S., R 89 W. 5. That the general character of the neighborhood of the tract proposed to be subject to the special use permit is agricultural, and commercial uses, all of which are operated in compliance with all applicable.zoning, subdivision, builidng, health and sanitation regulations, whether under special use permits or in the status of a non -conforming use. 6. That landowners adjacent to and in the area of the subject property and the other citizens of Garfield County have indicated concern regarding the affect of the proposed mobile home park on the residential nature of the neighborhood, upon the value of adjoining properties and other properties in the area, and upon other sectors of the economy of the County. 7. That the protection of the health, safety and wel- fare of the population and uses in the neighborhood require that certain conditions set forth herein be imposed upon the location and use of the subject property as a mobile home park. 8. That the impact of the proposed use would require denial thereof, due to impact upon the uses and value of ad- joining properties in the neighborhood and upon traffic vol- ume and safety caused by increased population of the subject lands if conditions were not imposed on the subject special use permit. • 9. That the impact of the proposed use upon the health, safety and welfare of the population and uses in the neighbor- hood requires the imposition of certain conditions relating to assurance of water availability to the proposed use and the water quality of other affected water users, road construction, and safety of the occupants of the mobile home park. 10. That the impact of the proposed facility upon the health, safety and welfare of the population and other uses in the neighborhood requires that the applicant demon- strate certainty of water supply prior to the time the facility is placed in operation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, Section 1. That the issuance of a special use permit for a mobile home park be and hereby is authorized upon the above-described lands, to be issued and effective upon and during compliance with the conditions more fully set forth herein; Section 2. That prior to the issuance of the subject special use permit and in any event within twelve months of the date of this resolution, unless extended by this Board within such period, the following conditions shall be satisfied: a. Applicant shall submit to the Board evidence of its permit from the Colorado Department of Health for a safe and adequate sewage treatment plant on the sub- ject property. b. Applicant shall provide evidence of final decree to water rights in applicant to use water adequate for the mobile home park use. Section 3. That prior to the commencement of use of the subject property as a mobile home park, the following conditions shall be satisfied: a. Applicant shall improve to at least Garfield County road standards that road connecting Garfield County Road 154 with the subject property. b. A chain-link fence at least six feet high shall be installed between the subject property and the Glen- wood Ditch. c. The road providing direct access to public road 167 shall be closed to access from the subject property. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Deptty Ci -'k of the oard Chairman / ' 1 /% Upon motion duly made and seconded the foregoing Resolution was adopted by the followi , ote: Richard C. Jolley Aye Aye Aye Larry Velasquez Flaven J. Cerise STATE OF COLORADO County of Garfield Commi.sicncrs 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 toregotng Order is truly copied from the Records or 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 Springs, this day of , A. D. 19 County Clerk and ex-officic Clerk of the Board of County Commissioners.