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Home My WebLink About5.0 Resolution 2005-93• • • 1111111 Hill 111111111 II1111111111111111 III 11111 1111 1111 686640 11/16/2005 03:21P B1746 P469 M ALSDORF 1 of 6 R 0.00 D 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 Plaza Building, in Glenwood Springs on Monday, September 12, 2005, there were present: John Martin Larry McCown Tresi Houpt 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. 2005-93 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION SUBMITTED BY ROBIN J. FRITZLAN FOR THE BOOMS PLACE SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan Application from Robin J. Fritzlan to subdivide 63.799 acres into 4 single-family lots (3.874, 3.882, 10.315 and 45.728 acres) where such property is located on Graham Mesa less than 2 miles northeast of the City of Rifle and Interstate 70 on CR 233; and WHEREAS, on July 13th, 2005, the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on Monday, September 12, 2005, the Board of County Commissioners opened 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 issuance of said Preliminary Plan; and WHEREAS, the Board of County Commissioners closed the public hearing on Monday, September 12, 2005 to make a final decision; and • • • 111111111111 1111111 11 1111111 11111 11111111111111 11111111 686640 11/16/2005 03:21P B1746 P470 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning and Zoning Commission and before the Board of County Commissioners. 2. That the public hearings before the Planning and Zoning 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 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 proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan Application is approved with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The final plat shall contain the following plat notes: 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, 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." 1 111111 11111 1111111 11 1111111 11111 111111 Iii 11111 1111 1111 686640 11/16/2005 03:21P 81746 P471 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 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 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." . "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." e. "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." f. "Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado." g. "Addresses are to be posted where the driveway intersects with the County Road: If a shared driveway arrangement is used, the address for each home should be posted at the County Road and on the individual residences to clearly identify each address. Letters are to be a minimum of 4 inches in height, 1/2 inch in width and contrast with background colors." h. "Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions." i. "Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire." • • • 111111 11111 1111111 11 1111111 11111 111111 111 11111 1111 1111 686640 11/16/2005 03:21P B1746 P472 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 3. The Applicant shall provide the following items for approval as part of the final plat submittal application to the Building and Planning Department: a. A map and inventory of noxious weeds for the property using the Garfield County noxious weeds list. b. A weed management plan for the inventoried noxious weeds. 4. The Applicant shall incorporate the ISDS Operation and Maintenance Plan in the covenants which shall be submitted with the final plat documents. 5. Due to the fact that wildlife does travel through the area, all fencing should be constructed to be consistent with wildlife friendly fencing standards used by the Division of Wildlife which includes, but is not limited to, the following which shall be incorporated into the protective covenants: a. For wire fencing, a maximum height of 48" with no more than 4 strands and a 12" kickspace between the top two strands is sufficient. b. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. c. Mesh fencing is strongly discouraged, as it significantly impairs wildlife movement. d. Dogs should not be allowed to roam and homeowners should also be advised that dogs chasing wildlife is illegal and can lead to legal action. The Colorado Division of Wildlife will issue fines for dogs harassing or chasing wildlife. If a dog is observed chasing or harassing wildlife it may be shot. 6. The Applicant shall pay the appropriate School Land Dedication Fee to be calculated at and paid at the time of final plat and shall be incorporated in the SIA. 7. The Applicant shall provide electronic versions of the final plat and construction set to the Planning Department once the final plat has been. approved and prior to recordation. 8. The Applicant shall adjust the building envelopes on Lots 3 and 4 due to the steep slope which bisects the property such that all future development shall be setback 100 feet from the toe of slopes greater than 37 %. 9. The Applicant shall revise the drainage plan prior to final plat so that a single detention pond (adequately sized and located near the southerly boundary of the subdivision) would be adequate for the project. • • 1 111111 11111 1111111 11 1111111 11111 111111 111 11111 1111 1111 686640 11/16/2005 03:21P B1746 P473 11 ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 10. The Applicant shall separate the building envelope on Lot 4 into two parts such that each bench has its own building envelop above and below the steep slope. The building envelope shall exclude the slope where it exceeds 30% and shall have an adequate setback from the top and toe of the slope. These adjusted building envelopes shall be shown on the final plat, 11. The Applicant shall relocate the riding arena on the property prior to the submittal of the final plat such that is located entirely on its own lot. 12, The Applicant shall include a plat note on the final plat stating the following: "The mineral rights associated with this property (also known as Lots 1, 2, 3, and 4 of the Booms Place Subdivision) 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 Iessee(s)." Dated this 14th day of Nov. A.D. 2005. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF I LD COUNTY, CO SRAIO Upon motion duly made and seconded the fore the following vote: John Martin Larry McCown Tresi Houpt was adopte STATE OF COLORADO ) )ss County of Garfield ) ye , Aye , Aye by 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 • • • 1.111111 11111 1111111 11 1111111 11111 111111 III 11111 1111 1111 686640 11/16/2005 03:21P 61746 P474 M ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 2005 County Clerk and ex -officio Clerk of the Board of County Commissioners