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Home My WebLink About6.0 Resolution 2008-138\ .I lll lifr [',f ffi [1{'lllfi[lfl, tl rttl I'l i lh\t I H [' li' d' [,'], I I ll I Receotionfl: 760233 IiliA'83: Pl;?1n'3r'E'"'F3! 8i33'tE*'reLD couNry co STATEOFCOLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held inthe Commissioners;Meeting Room, Garfield county Courthouse, in Glenwood Springs on, Monday, the 86 day of December A-D. 2008, there were present: John Martin - Commissioner Chairman t rtu U.Co*t ' Commissioner Tresi Houpt (absent) ' Commissioner p.uo*t, Q,i* . Assistant County Attorney r"- atut;"o ' Clerk of the Board Ed Green , CountY Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. A o o g' /3 I A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR A SEYEN LOT SUBDTUSION IOTOWN AS "QUICKSILVER COURT" AND PROPERTY OWNED BY G.H. DANIELS III AND GREGORY IIASENBERG' GARFTELD COI]NTY PARCEL NO# 217 727200464 and 217 7 22300463 Recitals A. The Board of county commissioners of Garfield county, colorado, received a preliminary Plan application from G.H. Daniels III and Gregory Hasenberg to suMivide two parcels totaling Zq.SZ-acres into 7 residential lots and which property is located in a portion of Section 21, township 6 soutlu Range 93 West of the Sixth P.M., Garfield county. B. The subject properly is located in the ARRD Zone District' C. On Octobe r 22,2008the Garfretd County Planning and Zoning Commission forwarded a recommendation of appioval with conditions to the Board of County Commissioners for the Preliminary Plan. D. On December 8,2008, the Board of County Commissioners opened apublic hearing upon the question of whether the Preiiminary Plan should be granted, gant€d with conditions, or denied at wnicfr frearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary PIan E lll lilrrllh ltli lf{ rlfl I lil rt h lltl{ltl hS I I illt I i il' I$}, ll I I I ReccDt.ton$ i 76o233tii'tt'tzoaa il,@7.27 Pll J.rh Albericoi-;i'6-R;; F".,so.oo Do" iJc,0 o0 GARFIELD couNrv c0 E. The Board of County Commissioners closed the public hearing on December 8, 2008 to make a final decision' F. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper notice was provided as required by law for the hearings before the planning and ZnrungCommission 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 sta:rdards set forth in Section 4:00 of the Garfield county Subdivision Regulations of 1984, as arnended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in tle bomprehensive Plan for the unincorporated areas of the County. 5. The proposed suMivision of land conforms to the Garfield County Zoning Resolution of 1978' ss 'mended' 6. The proposed use is in the best interest of the healt[ safety, moralso convenience, ordei, piosperity and welfare of the citizens of Garfield County. RESOLUIION NOW THEREFORE, BE IT RESOLVED by the Board of county commissioners of Garfield County, Col orado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution- B. A preliminary plan request for "Quicksilver Court" is approved with the following . conditions: l. That all representations made by the Applicant in the application, and at the public hearing before Ge Board of County iommissioners and Planning Commission, shall be conditions ofapproval, unless specifically altered by the Board ofCounty Commissioners; '?[#{l;;ry+stl[|Ij'"'^T.11::: ::T r\ r t I I I I 2. The Applicant shall provide a pump test (minimum four hours) for each of the existing *etis ana an *ritten opinion from the qualified professional conducting the test regardiirg the adequacy of the wells to serve the proposed development including the ref,uested Accessory 6welling Units to be submitted with the Final Plat application; 3. The Applicant shall provide a water quality analysis for each of the existing wells demonstratini compliance with state guidelines regarding bacteria and nitrates to be submitted with the Final Plat application ; 4. The Applicant shall be responsible for 50% of the Traftic Impact Fees at the time of Final phi (to be calculated after submittal of Final PIat Application); 5. The Applicant shall include language in the Restrictive Covenants regarding the futr:re lot ofrer's Traffrc Impact Fee responsibility required at the time of Building Permit submittal; 6. The Restrictive covenants shall include language demonstrating the homeowners obligation to construct a 1000 gallon water storage tank for the purpose of domestic water supPlY; 7. The Applicant shall provide a weed inventory of the subject property identifring all County li-sied noxious weeds and a map of specific weed infestations at the time of Final Plat; g. The Appticant shall provide a weed management plan for as identified in exhibit L; g. A common weed management plan including responsibility of individual lot and roadside weed management shall be included in the Covenants and Restrictions; ill I ilfril lilt {l ht rHt[, F I rl h ll I J h' I I'i t''ll h lrr h]' I I ll I Reception$ i 760233 Ii :112'P|]? P1.'l,i'60'8""'F3!, I I Ba" |EEF, ELD couNry co 10. The Applicant shall provide a map or information that quantifies the are4 in terms ofacres, to be disturbed and subsequently reseeded on road cuts, util-ity disturbances, and around the proposed pond at the time of Final Plat; l i. Based on the total disturbed are4 vegetation security shall be determined by Garfield County Vegetation Management and submitted prior to obtaining Final Plat approval; 12. At the time of Final Plat, the Applicant shall provide the Planning Department with a digital drawing file of the suHivision. The format of the digital drawing shall be in .dxf oi.dwg format. The file may be submitted to the Departnent on 3.5" diskette, compact aisc (co;, or via e-mail (in compressed format). The digital file shall be projicted to fii wiihin the parameters of UTM Zone L3,NAD 27, in survey meters' A minimum of two ground control points displaying Northing and Easting shall be identified in the digital file- The following plat notes shall be included on the Final Plat: One (l) dogwill be allowedfor eachresidential unit and the dog shall be requiredto be confined within the owner's proPerty boundories' No open hearth solid-fuet fireplaces witl be allowed an1++here within the subdivisiort One'(t) new solid-fuit tirniig sroye as tufied Dy C.R.S. 25-7-401, et. sew., and the ,"guioiio^ promuigated thereunder, witt be allowed in any dwelling unit. All dwelling uifts will ie alloied an unrestricted number of natural gas burning stoves and appliances. All exterior lightingwill be the minimum amount necessary and all exterior lightingwill be directed inward and dowrward towards the interior of the subdivisio4 except that provisions may be made to allow for safety tighting that goes beyond the property boundaries. Nofurther divisions of landwithin the subdivisionwill be allowed Colorado is a "Right-lo-Farm" State pursuant to C.R.S. i5-3'101, et seq. Landowners, residents andvisitors must be preparedto accept the activities, sights, sormds and smells of GarfieldCounty's agricultural operations as anormal andnecessary asPect ofliving tn o iourty with a strong rural chsacter and o healthy ranching sector. All must be 4 13. a) b) c) d) illl tlltrl'lilll'lt h1l'il[,lhl ld{hlU|r' t'lFl?r F ln H ] il I Reccotion*: 7502:I:] li [ilZig1l Pl"?&?3.'B*' F33, E I 86' 4i3.,'LD couNry co f) prepmed to encounter noises, odor, lights, mud, dust, smoke chemicals' machinery on 'puiti, roads, livestock on public ,oidt, tto,,ge and disposal of -manure' and the 'applicationby sprayingor oiherwise of chemicalfertilizers, soil amendmetts, herbicides, iid pesticides, any one or more of which may naturally occur Qs a part of a legal and non-ne gligent agricultw al operations. All owners ofland, whether ranch or residence, have obligations under State law and County regularions with regard to the maintenance of fences and inigation ditches, conff;ltin; weeds, peeping livestock and pets under control, using property in accordanie with zoning and orher aspects of using and maintaining proPerty. Residents and landowner, ,r" "n orraged to learn about these rights and responsibilities and act as good neighbors and citizens ofthe County. A good introductory source for such infirmation"is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension ffice in Gartield County' Based on the analysis of the sub-soils on the properly, Individual Sewage Disposal System andfoundaiion drsigns are required to be conducted by a registered professional ingincer tiiensed to practiie within the State of Colorado. These s_tudies and plans shall be submittedwith individuat buitdingpermit applicationfor esch lot. The cost of these studies shall be borne by the individual property awner' h) AU streets are dedicated to the public but all streets will be constructed to standards consistent with section 9:35 of the subdivision regulation of 1984, as amended and repair and maintenance shall be the responsibitity of the Homeowners Association of the subdivision. s,) i) The mineral rights associated with this property have been partially severed and are not fulty intact or-transferred with the surfoce estate therefore allowing the potential for natural resource extraction on the Property by the mineral estate owner(s) or lessee(s)' Although no Accessory Dwelting (Jnits were approved through the Preliminary PIan pror"i, allfuture permittedAccessory DwellingUnits shall be limitedto 1,500 square feet and may not be coweyed into separate ownership' k) AII lots are subject to the Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch. Quality Analysis condtcted on the subiect property have demonstrated iabtelevels of Aluminum and lron, individualwaler tteatmenl systems should be lll ttlt r t 11 llnitll,'itli$' t llll h' IlhU{ H'U f$[ h i {JlY}' Il I I I i'T;ZlP,fl ti"ffi BB'"' ;:l, 3 I BB" iER,,..o c ouNr y co m) The owner of each lot shsll demonstrate that the required 1000 gallon storage tankto be usedforJire protection has been constructed priir to the issuance ofa Certifcate of OccuponcY. COUNTY BOARD OF GARFIELD COIINTY, COMMISSIONER CHAIR JOHN F. MARTIN , AYE COtt{tnSSlOttenteBRvr. UCCOWN 'av" COVnffSSfOl.len fnesf gOUpf ' Absent ) )ss ) Datedthis-lS*, or Aet'a*bnt- ,A'D'200? ' of the Board Upon motion dulY made and seconded following vote: STATE OF COLORADO County of Garfield at Glenwood SPrings, this -- daY of A.D.20--. county clerk and ex-officio clerk of the Board of couuty commissioners r _, County Clerk and ex-officio Clerk of the Board of l: Co*ty Co.-ir.ior.rt;" *A fo, tU" County and State aforesaid" do hereby certify that ttre annexed and foregoing Resolution is tn:ly copied from the Records ofthe Proceeding of the Board of Couuty Commissionirs for said Garfield County, now in my office' iN WITNESS WHEREOF, I have hereuDto set my hand and aflixed the seal of said County, ff:r*.s* :' G!rt^- ii sEAr ATTEST: 6