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Home My WebLink About8.0 Resolution 2010-780R! PA%MULLIN Irilflitle1101.1k1II' 111ISI Receptiofp; 792489 f01O412010 04:135:78 PM Jean Rlbersco 1 of 7 Roo Fee.$0.em Dao Fee.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, September 13, 2010, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010-78 A RESOLUTION CONCERNED WITH THE APPROVAL OF A COMBINED PRELIMINARY PLAN AND FINAL PLAT APPLICATION FOR THE SEATON SUBDIVISION Parcel ID: 2395-033-00-031 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Combined Preliminary Plan and Final Plat Application from Don and Nanette Seaton for a two lot subdivision; B. The subject property contains approximately 13.156 acres and is located at 4151 County Road 117, Glenwood Springs, Colorado in Garfield County; C. The subject property is located in Study Area 1 of the Garfield County Comprehensive flan of 2000 as amended, is designated as Residential Low (10 acres or greater per dwelling unit) and legally described in Exhibit A; D. The Planning Commission opened a public hearing on July 14, 2010 upon the question of whether the Combined Preliminary Plan and Final Plat Application 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 Application; 1 1111 vanivituotwirecia1r Rtception4: 792489 1010412010 e4c05:15 PM Jean Rlberico 2 of 7 Pea Fee:$0.00 Doc Fee:0.20 GRRP]ELD COUNTY CO E. The Garfield County Planning Commission closed the public hearing on the July 14, 2010 and recommended "Approval with Conditions" for the Combined Preliminary Plan and Final Plat Application to the Board of County Commissioners; F. On September 13, 2010, the Board of County Commissioners (the Board) opened a public bearing upon the question of whether the Combined Preliminary Plan and Final Plat Application 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 Applications; G. The Board of County Commissioners closed the public hearing on the September 13, 2010 to make a final decision; H. 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 bearing before the Planning Commission and the Board of County Commissioners. 2. That the public hearing before the Planning Commission and 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. That the proposed subdivision of land is not in compliance with the recommended residential densities set forth in the Comprehensive Plan for the unincorporated areas of the County however; the site contains two existing residential structures and a condition has been added to restrict any additional residential units until such time and the Comprehensive Plan is changed. 4. As conditioned, the proposed subdivision of land does conform to the Garfield County Unified Land Use Resolution of 2008 as amended, and does comply with all applicable Development Regulation as long as the conditions of approval are met. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. ABSOLUTION NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the Resolution. B. The Combined Preliminary Plan and Final Plat Application submitted by Don and Nanette Seaton for two lot subdivision is hereby approved subject to compliance with 2 sit ww,Yzll+ 1r IOL 11111 ReceptionI: 792489 10104!2010 84:05:15 PM Jean filberioo 3 of 7 Ree Fe* :SO -03 Ooo Fee:0.00 GPRFIELD COUNTY CO the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Prior to recording the Final Plat the Applicant shall integrate "Tract A" into Lot 2. 3. Prior to recording the Final Plat the Applicant shall prepare a Deed conveying the proposed road easement of (labeled as "Tract A") of CR 149 (Chelyn Road) to Garfield County. 4. The Applicant shall provide a Deed of Easement dedicating a perpetual access easement over and across the road within the subdivision allowing unfettered access for all applicable emergency services personnel. The easement shall be described and shown on the final plat with the following plat note: a. The road as depicted on the accompanying plat is hereby dedicated and set apart to the homeowners of Lots 1 and 2 and for the use of the homeowners and guests thereof, subject to: i. The right of appropriate public utility companies to utilize said road as an utility easement; and ii. The right of all emergency vehicles to make use of such road in all reasonable circumstances. 5. If a driveway access permit has not been issued for this property a driveway access permit shall be applied for from the County Road and Bridge Department and approved prior to the recording of the Final Plat. 6. The Applicant has noted a non -listed, invasive plant on the site and shall implement control and removal of Crown Vetch (Securigeria veria) from the property as part of the Weed Management Plan. The noxious weeds shall be treated as soon as possible this growing season and particular attention shall be given to Oxeye Daisy and Absinth wormwood. The Applicant shall verify that weed management is implemented by providing treatment records prior to Final Plat. 7. Prior to the construction of additional structures on either lot, plans shall be submitted to Glenwood Springs Fire Department to conduct a wildfire hazard site and building plans review. 8. All secured gates on the property shall have a Knox key switch or pad lock installed on them so the fire department can easily open them in an emergency to gain access. A Knox box products application is available from the Glenwood Springs Fire Department. 3 •Ill '� Yl�l+ 1011 Ni4 rfRlY I01►rlA1 .Hh 11 111 Reception!!: 792489 10!0412010 04;$5:45 PM Jean Rlherloo 4 of 7 Reo Fee:$0.00 Doc Fee O.00 GARFIELD COUNTY CO 9. The Applicant shall provide a conceptual Vegetation Screening Plan for impacts to CR 117 prior to signing of the Final Plat. The plan may be altered administratively by the County Building and Planning Department upon application for a building permit for Lot 2. Alteration of the plan may be made to accommodate the design and placement of additional structures and shall be reviewed and approved by County Building and Planning Department staff. 10. The Applicant shall add the following plat notes to the Final Plat. a. Accessory Dwelling Units are not permitted in conformance with the current Land Use Designation of the Garfield County Comprehensive Plan for the subdivision. Future changes to the Comprehensive Plan may permit additional dwelling units. b. Future construction on Lot 2 shall conform to the screening requirements of the approved Vegetation Screening Plan. This plan may be altered administratively by the County Building and Planning Department upon application for a building permit for Lot 2. Alteration of the Vegetation Screening Plan shall be made to accommodate the design and placement of additional structures. Dated this day oft 1-04..ut-rA.D. 2010, ATTEST: GARFIELD COUNTY BOARD •F COMMISSIO RS, GARFIELD COUNT 1ti LORADO CI of the Board Upon motion duly made and seconded the foregoing Resolution ted by the following vote: John Martin Mike Samson Tr6si Houpt STATE OF COLORADO ) )ss County of Garfield ) 4 , Aye Aye , Aye ■Ill rivnoin.nacow iptrectioNkali RR 11111 Reception#: 792489 10104/2010 04:05:15 RM Jean Rlberico 5 of 7 Rec Fee:$0.00 Doe Fee:0.00 GRRFIELO GOUNTY Co 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. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2010 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 111 ltron'hNIA 11111 ReceptiOnq. 792489 10!0412010 04:05:16 PM Jean Alberico B of 7 Rao Fee'. SO.90 Ooo Fee:0.00 GARFLELD COUNTY CO EXHIBIT A PROPERTY OWNERS: DON AND NANETTE SEATON PARCEL NUMBER: 2395-033-00-031 LEGAL DESCRIPTION COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE N01°01'32" W ALONG THE WEST LINE OF SAID SECTION 3, A DISTANCE OF 1190.63 FEET TO THE POINT OF BEGINNING; TIIENCE CONTINUING N01 °01'32"W ALONG SAID WEST LINE, A DISTANCE OF 412.99 FEET TO A POINT ON THE NORTH LINE OF THE ODDOISEATON BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER RECEPTION NUMBER 565477 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE N90°00'00"E ALONG NORTH LINE OF SAID BOUNDARY LINE ADJUSTMENT, A DISTANCE OF 1036.75 FEET TO THE CENTERLINE OF FOUR MILE CREEK; THENCE NORTHERLY ALONG THE CENTERLINE OF FOUR MILE CREEK THE FOLLOWING FOUR (4) COURSES: 1) N 31°40'48" E, A DISTANCE OF 19.40 FEET 2) N 47°08'54" E, A DISTANCE OF 41.71 FEET 3) N 13°35'14" W, A DISTANCE OF 52.92 FEET 4) N 37°21'26" E, A DISTANCE OF 42.09 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY OF COUNTY ROAD 149, AKA CRELYN ROAD; THENCE EASTERLY AND NORTHERLY ALONG SAID RIGHT-OF-WAY, THE FOLLOWING THREE (3) COURSES: 1) 5 8443'06" E, A DISTANCE OF 116.64 FEET TO A POINT OF NON -TANGENT CURVE 2) ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N09°47'15"E, HAVING A DELTA OF 36°20'26", RADIUS OF 173.50 FEET AND A LENGTH OF 110.04 FEET (TO A POINT OF COMPOUND CURVE 3) ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N26°33'11" W, HAVING A DELTA OF 44°11'14", A RADIUS OF 330.00 FEET AND A LENGTI1 OF 254,50 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 117, AKA FOUR MILE ROAD; THENCE SOUTHERLY AND WESTERLY ALONG TFIE WESTERLY RIGHT-OF-WAY THE FOLLOWING FOUR (4) COURSES; I) S 18°35'04" W, A DISTANCE OF 170.36 FEET 2} S 31°09'12" W, A DISTANCE OF 465.29 FEET TO A POINT OF CURVE 3) ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 18°11'02", A RADIUS OF 818.60 FEET AND A LENGTH OF 259,80 FEET TO A POINT OF TANGENT 1 sill11111 Reception#1 792489 1676412010 04:05:15 PR Jean Alberico 7 of 7 Roc Fee7$0.60 6°c Fee:0,00 GARFIELD COUNTY C6 4) S°12°58'10" W, A DISTANCE OF 137.24 FEET TO A POINT ON THE NORTHERLY LINE OF THE FLOOD SUBDIVISION EXEMPTION PLAT AS RECORDED UNDER RECEPTION NUMBER 517551 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE NORTHERLY AND WESTERLY ALONG NORTH LINE OF SAID FLOOD SUBDIVISION THE FOLLOWING TWO (2) COURSES; 1) N 52°56'57" W, A DISTANCE OF 318.94 FEET 2) N 89°30'00"W, A DISTANCE OF 792.95 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 3, SAID POINT BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINING 13.156 ACRES, MORE OR LESS. 2