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Home My WebLink About5.0 Resolution 2007-07lllH,t Hl+,ll!',ru,1{lrl ltJr Flfllil lHttlt,I il lllRecept j.on# : 716952 a? I @a l2aa7 @4 r 38 : 24 Ptrt B1 of 5 Rec Fee:90.00 Doc 1893 r:0378 Jean Rlben,i.coFEE: GNRFIELD COUNTY CO STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfieid County Plaza Buiiding. in Glenwood Springs on Monday, December 4,2006, there were present: John Martin Commissioner Chairman Larry McCown , Commissioner Trdsi Houpt , Commissioner Don DeFord , CountY AttorneY Mildred Alsdorf . Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO.2007-07 A RESOLUTION CONCERNED WMH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION FOR THE PANORAMA RESERVE SUBDTVISION WHEREAS, the Board of County Commissioners of Garf,reid County, Colorado, received a Preliminary Plan Application from Cort Lewis to subdjvide a 46.069-acre property into 3 residential lots having approximately 10, 8.1, and 2J.9 acres and which property is generally located in the Missouri Heights area, approximately 3 miles north of Catherine Store in Section 17, Township 7 South, nange 87 West of the 6th P.M., Garfield County; and WHEREAS, the subject property is located in the Agricultural / Residential / Rural Density (ARRD); and WHEREAS, on September L3, 2006, 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 December 4, 2006, the Board of County Commissioners opened a public hearing upon the question of whether the Preliminary Plan shouid 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 Pian; and ) )ss ) WHEREAS, the Board of County Commissioners closed the public hearing on the '!{,",ffi lfl*#ll'i]#]'.H,[lH'"" December 4,2006 to make a final decision; and 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 Zonrng 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 hearrd at those hearings. 3. The application is in compiiance 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 Zonrng 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 ft 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 with the following conditions: 1. That all representations made by the Appiicant in the application, and at the public hearing before the Board of County Commissioners and Pianning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The applicant shall place the following plat notes on the final plat and in protective covenants: 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 2 1 bvs Fee: P:038@ Jean Rlberi.co GARFIELD COUNTY CO b. d. lllH'i lrltr,lfiliHrl,Lll,1,[' ,EI+]iHlI t|llHilr,l I lll Recept.ion#: 716952 A2l @8 / 2AA7 04 : 38 : 24 PlYl B3 of 5 Rec Feer$0.00 Doc amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non-negligent agricultural operations." "No open hearth solid-fuel fireplaces will be allowed an)'vvhere within the subdivision. One (1) new soiid-fuel burning stove as defied by C.R.S. 25- 7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dweliing unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "A1l 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." "Ail 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 boundzries." 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." "All building foundations and individual sewage disposal systems will be designed by professional engineer registered in the State of Colorado." 3. The Applicant shall create an unincorporated Homeowners Association. 4. A covenant shall be added, requiring that any trash cans be "bear proof' 5. The Applicant shall insert the ISDS maintenance agreement/plan into the protective covenants, with provisions for homeowners to pay a portion of the annual dues to cover the inspection requirements of the plan, by a quaiified professional hired by the HOA. 6. The Applicant shall make a cash payment in-lieu of dedicating land to the RE-l School District in the amount and at the time as set forth in the Garfield County Regulations EFg#ll"H',1.l!1{+i iJl#,* rHr ir,r I II I aztaat 2ao7 04 : 38: 24 PtY4 of 5 Rec Fe€:$0.00 Doc Fee, ennrielo-cburviV co 7. The Applicant shall pay the Carbondale Fire Protection district impact fee of $437ldwelling unit prior to Final Plat approval. 8. The Appiicanr shall pay the applicabie traffic impact fee in the amount and at the time as set for in the Garfield County Regulations. 9. The road shall be a pubiic road and right of way dedication shall be at the time of final platting. A plat note using the standard dedication certificate language as set for by Garfield County shall be used. 10. Any recommendations from the State Geological Survey will be incorporated into any conditions of approval made by the Board of County Commissioners and shall be specifically included in the covenants and as plat notes on the Final Plat. 11. By this approval, the Board of County Commissioners specifically waives the requirement that the water system shail be a looped system as required in Section 9:53 of the Subdivision Regulations of 1984 as amended. 12. The detention structures proposed on each lot shali be built by the Applicant and inciuded in the Subdivision Improvements Agreement at Final Plat. i3. The Applicant shali delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shali include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, all internal roads (which will be dedicated to the public on the face of the final plat) and any access and maintenance easements that need to be provided for in the common open space. 14. That all residential structures on all the iots shall be constructed with sprinkler systems in accordance with NFPA 13D - Standard for the Installation of Sprinkler Systems in One and Two-Fami\, Dprllinft. elL Dated this 5* 6u, o1ft-h q:.trq-.A.D. 2007."-1-- GARFIELD BOARD COUNTY OF COMMISSIONERS. lll[l11 !'11111i,ill],[#lr f+h H -flli{ lHlilil"'l Illll Reception*:716952 A2IAA/2@A7 04:38:24 PPI B5 of 5 Rec Fee:$0.00 Doc 1893 P:0382 Jean QlbericoFee: GFRFIELD COUNTY C0 Upon motion duly made the following vote: John Martin and seconded the foregoing Resoiution was adopted by -, Aye Larrv McCown , Aye Trdsi Houpt , (Recused) STATE OF COLORADO County of Garfield County Clerk and ex-officio Cierk 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of . A.D 2007 County Clerk and ex-officio Cierk of the Board of County Commissioners ) )ss ) )