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Home My WebLink About6.0 Resolution 2003-75HRH 11111 111111 11111 11111111111101 11111 1111 1111 638215 1.0/07/2003 12:14P 81527 P191 M ALSDORF 1 of 5 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, the 15th day of September, 2003, 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. 2 0 0 3— 7 5 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION FOR THE PARK SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Greg and Diane Park to develop two (2) lot residential subdivision on approximately 6.8 acres where Lot lA will have 4.28 acres and Lot 1B will have 2.61 acres and where both lots collectively shall be known as Lots 1 A and Lot 1B of the Park Subdivision; and WHEREAS, the subject property is located in the Missouri Heights area on County Road 112 in the Agricultural / Residential / Rural Density (A/R/RD) zone district and is also located within Study Area 1 of the Garfield County Comprehensive Plan of 2000; and WHEREAS, on September 10th, 2003, the Garfield County Planning Commission forwarded a recommended of approval with conditions to the Board of County Commissioners for the Preliminary Plan of the Park Subdivision; and WHEREAS, the Board held a public hearing on the 15`h day of September, 2003 upon the question of whether the above-described Preliminary Plan should be granted 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 i uiiii Hill 111111 11111 iui uiii 11111 ilii iui • 638215 10/07/2003 12:14P 61527 P192 M ALSDORF 2 of 5 R"0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board closed the public hearing on the 15th day of June 2003 to make a final decision; and WHEREAS, the Board 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 Commission and before the Board of County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners was 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. 6. That all data, surveys, analysis, studies, plans, and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 7. 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 request is approved to allow for development of a two (2) lot residential subdivision on approximately 6.8 acres where Lot 1 A will have 4.28 acres and Lot 1B will have 2.61 acres and where both lots collectively shall be known as Lots IA and Lot 1B of the Park Subdivision with the following conditions: 1. That all representations made by the Applicant in thc application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 2. The Applicant shall either provide a land dedication or pay cash -in -lieu for the required School Impact Fees at the time of final plat. This payment shall be made to the Garfield County as part of final plat. i uiiii 11111 111111 11111 iui iiiii 11101 niu 1111 1111 • 638215 10/07/2003 12 14P B1527 P193 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 3. The Applicant shall be required to create an unincorporated Homeowners Association (HOA) which will outline the responsibilities of the parties as to the water rights, governance of the shared well for Lot 1B, governance of the management plan for the ISDS, and governance of the weed management on each lot. Proof of the established HOA shall be presented to the Planning Department for review at the time of final plat. 4. The Applicant shall be required to pay the appropriately calculated Traffic Impact Fee as well as any applicable impact fees to the Carbondale and Rural Fire Protection District. These fees shall be calculated at the time of final plat. 5. The Applicant shall inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 6. The Applicant shall provide the following plat notes on the final plat as well as provide them in the Covenants, Conditions, and Restrictions: 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." 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." 111111111111,07/2003 1111111111111111111111111, 12:14P 81527 P 11111 IIt1 1111 • 638215 10 4 of 5 R-0.00 D 0.00 GARFIELD COUNTY CO d) "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." ° erk o 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." Dated this 6th day of October, A.D. 2003. ATTEST: G •s Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFI i COUNTY, COLO Upon motion duly made and seconded the foregoing the following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Nay 1, , 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. i uiiii 11111 111111 1111 ilii 11111 uiii.nui 1111 101 • 638215 11/07/2003 12:14P B1527 P195 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2003 County Clerk and ex -officio Clerk of the Board of County Commissioners