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Home My WebLink About5.0 Resolution 2009-01lll lprriU,ElilFlLIIrt,llrt, lJIlHtrl'Jfi filIrlilt,*l, ll ll I Receot i on$ : 760985attoEitngg @4:3@:2'l Pl1 Jean Albericoi'ii-s-nlc F".,ig oo Doc Fee:0.o0 GARFIELD COUNTY Co STATE OF COLORADO CountY of Garfield ) )ss ) AtaregularmeetingoftheBoardofC,ountyCommissioaersforGarfieldCounty' Colorado, held in th" a;;;t;i*"rr'Meeting nootru Garfield County Plaza Buiiding' in Glenwood Springs on Monday, December l ' 2008' there were present: John Martin ' cornmissioner chairman l-aqv Mccown ' Commissioner Trisi Houpt (absent) ' Commissioner Deborah ouinn ' Assistant County Attorney Mildred alsdorf -- ' Cierk of the Board Ed Green (.absent) ' County Manager when the following proceedings' among others were had and done' to-wit: n$soruuoN NO. Aoo?'ol ARESoLUTIoNCoNCERNEDWITHTTIEAPPRoVAIoFAPRELIMINARY PLANapprtcerloNFoRT}IEQUEENSI.IBDTVISIoN Parcel #: 2395 -033 -00-043 recitals The Board of county cpmmissiooers of Garfield county, colorado, received a preliminary plan Applic"tio" ftorn DaryI and cathy Queen to subdivide a 4,64-acre ;il-"nfi"ated in bi;il" A"i. i"to ziott and u'hich propertv is generallv located in Section 3, Township 7 so"tn arrd. Range 89 West of the Sixth P'M' in the Four Mile drainage, Garfi eld CountY. The subject properly is located in the ARRD Zone District of the zontng Rcsolution of 1978,'* u-""a"a and designated as Medium-High Residential Density withh Study Area I of the ComPrehensive Plan' on septemb er 12, 2007, the Garfield county Planning and Zoning commission forwarded a rrecoErmendation of approval with conditions to the Board of County Comrnissioners for the Prelimimry plsr On December 1, 2008, the Board of County Com:nissioners opened a public hearing upon the questiln of whether the Preliminary Plan should be gpnted' granted *tn J"Ations, or denied at which hearing the public and interested persons were g-iven the opportunityio express their opinions regarding the issuance of said Preliminary Plan' bC+(. I I 'lE#:;||fi!.',H"i,lX',}i'.':':'jl:::10:l::)'"" The Board of county commissioners closed the public hearing on the December l, 2008 to make' a final decision' NOW,TIIEREFORE'BEITRESOLVEDbvtheBoardofCounty commissioners of Garrreld coroty] coio.rdo. tlat !1ea o, ,1" recitals set forth above the preliminary Plan request i, ^pp,o''-J-*itU tt'" following determinations of fact and conditions: i.Tbatproperpublicatiorr,publicnotice,andpostingwasprovidedasrequiredbylaw for the hearings before tf,e ph"iine -a Zoriog Cimmission and before the Board of CountY Commissioners' 2.ThatthepublichearingsbeforethePlanningandZoningCommissionandtheBoard of county Commissioner, *"r" "*t"*ive ina complete; all -pertinent facts, matters *a irru'il ;;"T;J;; *JinttJr interested parties were heard at those hearings' 3. The application is in comptance with the stand'ards set forth in section 4:00 of the crrf,.f;;; -suuai"irii,n Regularions of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set rortr, in tt*to-pr"h"*ire plan for the 'nincorporated areas of the county' 5.Theproposeduseisinthebestinterestofthehealth,safety,morals,convenience' orar., pioup"'ity and welfare of the citizens of Garfield Counry' 6.ThatailrepreseltationsmadebytheApp.licarrt.intJreapplicationarrdastestimonyin the public hearings before th" Plr""id * zo*ngcommission and Board of county Commissioners shall be .orai6-o* o? approval] udess specifically alte..i by the Board of CountY Commissioners' That all representations made by the,Appli.cant in the application, and at the public hearilg before trr" go.i Jioftty con"*issioners and Planning Commission' shall be conditions of upprorJ, "or".s specifically altered by the Board of county Commissioners. The Applicant shall include the following plat notes on the final plat: a) one (1) dog wiil be allowed for each residential unit and the dog shall be ,rquirid trTe conJinedwithin tlu owner's property bountlaries' b) No open hearth solid-fuel fi1e1l9c1s will be allowed anywhere-witltn- !h: subdivision. O"i itl itn iotii-1"e1 burning stove as (fied by C.RS' 25-7' 401, et. sew., and ih'a regulations promulgated thereunder, will be allowed in any dwelling unit. Alt iwelling units witl be allowed an unrestricted number ofnatural gas burning stoves and appliances' 7. 8. z lll ll[r Hfi l{ttlru Hil FI r l trlilr I.!? lt{ lElll t $ H ] ll l [ ", .!rg??i.ffiF8"."::, tlBE'lEF,,,.o couNry co c) d) Alluteriortightingwiltbetheminimumamountnecessaryandallexterior tightingwillbedirectedimqgrdanddownward,tou,ardstheinteriorofthe subdivbion, except *i*t i'otiti"ns may be made to allow for safety lighting that goes beyond the proPerty boundaries' NofurtherdivisionsoflandwithintheSubdivisionwillbeallowed. Coloradoisa,,Right-to.Farm,,StatepursuantloC.RS.3S-3-10l,etseq. iriiinur, residitts and yisitors must be prepared to. accept the activities, -ffi, iounat ora smells of Garfietd County's agricultural operations as a normal and ,ec"rrory aspect i7 tiutng in a County with a -strong rural "f-ron* and a healilry rLnchiig ter:to'' All must be prepared to encounter noises, odor, lights, ^ia i*t, sinot'e c-hemicals' machinery on public roads' rivestock on pubric ,rii, storage and disposar of manure, and the application'iyiproy*io, otn"r*ii" of chimicalfertilirrrt, soil amendments, herbicides, and pesticides, any i*-oi ^o'" of which may naturally occur as a part of a le gi and non-negligent agrictltural operations' fl All owners of land, nh,ihe' ranch or residence' hove obligations under State lavandColmty,"g,,k,io^withregardlothemaintenanceoffencesand infgofion dt"hn,-"rrntrolling *"rir, tcceping livestock and pets under control, urirg pripe,ty in accirdance with zoning and other dsPects of rying and maintainlng pr:opirty. Residents and landov,ners are encouraged to learn about these ri{nit o"a responsibilities and act as good neighbors and citizens of the Countyl A good titroductory source for such information is "A Guide ta Rwal Living i Smatt Scale Agricultwe" put out by the Colorado State University Extension ffice inGarfield County' s) h) Based on the analysls of the sub-soils on the Propergl, Individual sewage fuo*rn System i"a ti""a"tion designs we required to be conducted by a registered professtoil engineer ticef:ed to practice yith!! the State of Cilorado. -Thise studies anZ plans shqll be submittedwith individual building irr*i, ,ipiii*ionfor each lit. The cost of these studies shall be borne by the indivi dual pr oPertY owner. All streefs aru dedicated to the public but all streets will be constructed to standsds consistent with Sectioi 9:35 of the Subdivision regulation of 198a' as amended and repair and maintenance shall be the responsibility af the Homeowners Association of the subdivision The mineral rights associated with this property have been Partially severed and are not /utty'i4tact or traruferred with lhe sttrface estate therefore allowing the potintial for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). l f il Hrr L1l+l[,tlttl, lth'lt r \hi'Itl\t? h ] I I ffi l,ilLl'rl' t t I I I Reclot i on* : 750985 6i-r-oEii$os P:"?3orilrt6""rE3! tlBS'iE3r,ELD couNTy co i) Any building permit submitted to Garfield 9oy^y Buitding and Planning Departmentfor the newly created lot sh;lt include o site specific grading plan thataddressesthedrainageissuesraisedbythekncanella&Associated report authored by Tim Beck dated 4/28/A3' g.TheApplicantshallprovideawatel.qualityalalysisaldallprovedwelipermitforthe well to serve the ".""t"a lot to be submitted with the Final l?lat' 10. The Applicant shalt provide 1 copy of Declaration of co'renants and Restrictions to be submitted with the Final Plat' 11. The Applicant shall provide a coPy of the subdivision Ilrprovements Agreement to be submitted with the Final Plat' l2.Thesuggestions made by Glenwood SPrinEs Rural F!r: Protection District shall be incorporated *itilth" Declarations of Corienants and Rt:strictions and item four (4) ,uarL included in the Subdivision Improvements Agreenrents. 13'TheApplicantshallpreparean..IndividualsewageDisposalsystemoperationand Maintenance PtJl'to'be submitted with the Final Plat' This plan shall be i,,"o,po,ut"aintothecovenantsaspaI1oftheFinalPlatapplicationreview. 14. The Applicant shall pay the Traffic Impact Fee to Garfiel't county to be calculated at the Final plat. yz;rilft puia ptio. to the signing of rhl Final Plat, the remainder is to be paid at the time oi;|ftni,,, a building p"t*it. This-i,lrmation shall be included in the Declaration of Covenanls and ResGitions' This fet: shall be applied to the new lot being created. 15. The Applicant shall pay the cash-in-lieu for the School Site Acquisition Fee for the new lot being created. 16. prior to the submittal of the Final Plat the Applicant shall obtain an appraisal for the ,nimproved p.r *i" market value of the ptopot"a_tot and-complgte th9 RE-l school district f"" formJa found in $9:81 of the Garfreld Countl' Subdivision Regulations of 1984. 17. The Applicant shall provide a site gading plan demonr;trating how flows from tfe trvo existing basins *iit Ur mitigateJwith the submittal c,f anY building permil on the newly "r""td lot. This shall Jso be required as a plat note on the Final Plat and withinthe CC&Rs- lg. The Final Plat submitted shall identiff the created lots as Lot 1 & 2 of the Queen Subdivision' ;g"Hi,#tr,#*il,H':I,# H:::.':*:'rTi I I * I 19. The Applicant shall apply for a driveway permit prior to submitting the Final PlaI for review. 20. Prior to the siping of a pla! all physical water supplies shall demonstrate the following: a-Thataforu(4)hourpr::nptestb€perfonnedonthewelltobeused; b. A well completion r€poi demonshating the depth of the well, the characteristics of the aquifir and the static water level; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d. A written opinion of the persoD conducting the well test that this well should be adequate to supply water to the rumber of proposed lots; e. An ass,mptioif * average of no less than 3.5 people per dwelling unit, using 100 gallons of warcr per person, per day; f. If the well is to be .l*ia, a tiga, 't itl .t *it g declaration which discusses all easements and costs associated *itU tt e operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; g. The water quality be tested by an independent testing laboratory and meet State guidelines conceming bacteris aad nitrates' Dated this 57* aaY of Pa, ,A.D' 2oo? ATTEST:GARFIELD BOARD COIINTY OF COTINTY, Upon motion duly made and seconded the fore the following vote: Jobn Martin ' AYe l^arry McCown . AYe Trdsi Houpt . Absent ffiT.'[......] ff; d$ f il HrrHiltl\ru, llir,lll ! t4'llllllfHlttll,'lirlvi II ll I Reccpt i on* : 780985 @1 lgSl2OAg @4:30:21 Pl.l Jern filberico6 Of 6 REC FEE:$O,OO DOC FEC:O OO GARFIELD COUNTY CO STATE OF COLORADO County of Garfield T . County Clerk and ex-officio Clerk of the Board "f e 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 Corurty Commissioners for said Garfield County, now in my office. IN WIINESS WHEREOF, I have hereunto set my hand and afrxed the seal of said County, at Glenwood Springs, this - day of .-, A.D' 2008 County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) I