HomeMy WebLinkAbout1.09 Resolution 2006-881 1111111111111111111111111111111111111111111111 1111 1111
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STATE OF COLORADO
County of Garfield
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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 Tuesday, September 5, 2006, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attomey
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2006-88
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR THE MAHAN SUBDIVISION
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan application from Mahan Properties to subdivide a 20 -acre
property into 2 residential lots and which property is located in portions of Section 8,
T7S, R89W, generally located approximately five (5) miles south of Glenwood Springs,
off of County Road 126, Garfield County;
WHEREAS, the subject property is located in the ARRD Zone District and in
Study Area I of the Comprehensive Plan of 2000 and designated as Low Density
Residential at 1 dwelling unit per 10 acres;
WHEREAS, the Planning Commission held a public hearing on the request on
April 12, 2006 which was continued to May 10, 2006 where the Planning Commission
recommended (by a vote of 4 to 3) the Board deny the Preliminary Plan application; and
WHEREAS, on September 5, 2006, 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
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WHEREAS, the Board of County Commissioners closed the public hearing on the
September 5, 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:
I. 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 Corunissioners 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 request is approved with the following conditions:
1. That ail representations made by the Applicant in the application and as testimony
in the public hearings before the Planning & Zoning Commission and Board of
County Commissioners shall be conditions of approval, unless specifically altered
by the Board of County Commissioners.
2. The Applicant shall include the following plat notes on the final plat:
a. "Control of noxious weeds is the responsibility of the property owner."
b. "One (1) dog will be allowed for each residential unit within a subdivision
and the dog shall be required to be confined within the owner's property
boundaries."
c. "No open hearth solid fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid fuel burning stove as defied by C.R.S. 25-7-
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401, et. seq., 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".
d. 'All exterior lighting shall be the minimum amount necessary and that all
exterior lighting be directed inward and downward, towards the interior of
the subdivision, except that provisions may he made to allow for safety
lighting that goes beyond the property boundaries".
e. "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. Those with an urban sensitivity may
perceive such activities, sights, sounds and smells only as inconvenience,
eyesore, noise and odor. However, State law and County policy provide that
ranching, farming or other agricultural activities and operations within
Garfield County shall not be considered to be nuisances so long as operated
in conformance with the law and in a non -negligent manner. Therefore, 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.
f In addition, 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."
g.
"The mineral rights associated with this property have been partially or
wholly 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 lessee(s)."
h. "Foundations and Individual Sewage Disposal Systems shall be engineered
by a Professional Registered Engineer within the State of Colorado."
i. That no more than 1 dwelling unit shall ever be allowed on either Parcel I or
2 which includes Accessory Dwelling Units or any other type of structures
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used for habitation.
3. The Applicant, at their own expense, shall remove the "framed dugout" as
identified on the Preliminary Plan from the County Road 126 right-of-way.
Security for this work shall be included in the Subdivision Improvements
Agreement if not removed by the Final Plat submittal.
4. The Applicant shall obtain an Encroachment Agreement from the Road and
Bridge Department allowing the "Cabin" and "Storage Building" to remain in the
County Road 126 right-of-way. This approved agreement shall be submitted with
the Final Plat application.
5. The Applicant, at their own expense, shall 1) remove the corner fence at the
existing driveway to the Main House as identified on the Preliminary Plan, 2) one
tree at the driveway entrance shall be trimmed if possible or removed for better
visibility for downhill traffic and widening the existing road, and 3) remove brush
and fencing from the right-of-way on both sides of CR 126. Security for this
work shall be included in the Subdivision Improvements Agreement if not
removed by the Final Plat submittal.
6. The Applicant shall be required to convey a 60 -foot right-of-way easement to the
County for the 60 -foot wide right-of-way for County Road 126 as it passes the
full length of the property. The form of conveyance shall be acceptable to the
County and shall be provided to with the Final Plat application.
7. Pursuant to Section 4:92(E) of the Subdivision regulations, the Applicant shall
submit an Individual Sewage Disposal System (ISDS) Management Plan for the
operation and maintenance of all the on-site ISDS systems. The Applicant shall
include this plan in the protective covenants.
8. As required for the Final Plat application, the Applicant shall create a
Homeowners Association (HOA) and provide the Articles of Incorporation, By -
Laws, and Protective Covenants with the Final Plat application.
9. The Applicant shall be required to convey the existing water system in its entirety,
to the HOA. This HOA shall own and maintain the physical water system as well
as the water rights (associated well permits and augmentation contract).
10. All easements of record shall be shown on the Final Plat. More specifically, the
Applicant shall identify the location of the components of the physical system
which shall be placed in easements on the final plat.
11. The Applicant shall pay the appropriate RE -1 School Site Acquisition Fee as
calculated by Section 9:81 of the Subdivision regulations. This fee shall only be
calculated for one new dwelling unit on Lot 2. Payment of this fee shall occur
prior at the time of Final Plat. In no circumstance shall the Final Plat be signed by
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the Board of County Commissioners until such fee has been paid.
12. The Applicant shall pay the appropriate Traffic Impact Fee for a property located
in the 8d Traffic Study Area. This fee shall only be calculated for one new
dwelling unit on Lot 2. Payment of this fee shall occur prior at the time of Final
Plat. In no circumstance shall the Final Plat be signed by the Board of County
Commissioners until such fee has been paid.
13. The Applicant shall submit a "Wildfire Fuels Reduction Plan", approved by the
Glenwood Springs Fire Protection District with the Final Plat application. This
plan shall incorporate the recommendations provided by the Colorado State Forest
Service in their letter dated 1/23/06 (Exhibit J). This plan shall also be
incorporated into the Protective Covenants.
14. The Applicant shall design and install an appropriate water line connection from
the two existing 5,000 gallon water tanks on the property to the County Road in
order that the water may be used for fire protection supply. This design and
location of line shall be reviewed and approved by the Glenwood Springs Fire
District. The Applicant shall submit the approved design with the Final Plat
documents.
15. The Applicant shall provide a Weed Management Plan which includes weed
treatment by June 1, 2006 to the County Vegetation manager for review and
approval. The documentation may be in the form of copies of application records
or they may contact the Vegetation Management Department for a site visit to
verify that the treatment has been done by June 1, 2006. Proof of this shall be
included in the Final Plat application.
16. That no more than 1 dwelling unit shall ever be allowed on either Parcel 1 or 2
which includes Accessory Dwelling Units or any other type of building used for
habitation.
Dated this 1 it h day of SeptemberA.D. 2006.
A 1"I'EST:
GARFIELD
BOARD
COMMISSIONERS,
GARF COUNTY,
COL
COUNTY
OF
Cl rk of thBoard
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Nay
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
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. 2006
County Clerk and ex -officio Clerk of the Board of County Commissioners
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