HomeMy WebLinkAbout4.0 Resolution 2006-091 111111 11111 1111111 111 1111111 iti 11111 111 11111 1111 1111
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41110
STATE OF COLORADO )
)ss
County of Garfield )
Ata meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Administration Building, in
Glenwood Springs on, Wednesday, the 17th day of October, 2005, A. D. there were
present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi 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. 2006-09
A RESOLUTION CONCERNED WITH GRANTING A PRELIMINARY PLAN FOR A
SUBDIVISION OF LAND IN GARFIELD COUNTY, CREATING 4 PARCELS FROM A
PARENT TRACT OF 48.52 ACRES, ALSO KNOWN AS PARCEL B OF THE 29
PEAKS IMPROVEMENT SURVEY, OWNED BY WAYNE RUDD
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan application from Wayne Rudd subdivide a 48.52 acres located
at 8575 County Road 115, Garfield County, State of Colorado; and
WHEREAS, the Preliminary Plan proposes to subdivide the 48.52 nto 4 parcels. The
largest of the 4 parcels is 37.16 acres, which will be open space. The proposed open
space will account for 76% of the land. The other lots will be 4.15, 3.81, and 3,39 acres,
accounting for 1 unit per 16.17 acres of gross land.
WHEREAS, the zoning of the Property is Agricultural/Residential/Rural Density
(ARRD).
WHEREAS, on June 131h, 2005, the Garfield County Planning Commission, in a
public hearing, recommended that the Board of County Commissioners approve the
Preliminary Plan with conditions; and
WHEREAS, on October 17th, 2005, the Board of County Commissioners held a
public hearing upon the question of whether the Preliminary Plan should be granted,
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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 buming 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."
d. "AH 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."
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."
f. "Foundations and Individual Sewage Disposal Systems shall be engineered
by a Professional Register Engineer with the State of Colorado."
g. The mineral rights associated with this property (also known as Lots 1, 2,
3 and "Common Open Space" of the Overview Subdivision) have been
partially 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)."
3. At the time of Final Plat, the Common Open Space lot shall be deeded to the
Homeowners Association.
4. Prior to Final Plat the Applicant shall submit a complete water quality analysis.
5. The Applicant shall make a cash payment in -lieu of dedicating land in the
amount and at the time as set forth in the Garfield County Regulations.
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6. The Applicant shall pay the applicable traffic impact fee in the amount and at
the time as set for in the Garfield County Regulations.
7. 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.
8. As a requirement for the final plat application, the Applicant shall establish
an incorporated Homeowners Association (HOA) with established by-laws
which shall own and maintain the well permit, central water system, and
internal road for the Overview Subdivision. This HOA shall also administer
protective covenants governing the operation of the HOA. These
documents shall be presented as part of the final plat application submittal.
9. The Applicant shall identify all easements on the Final Plat that are
referenced in the Title Commitment.
10. The Applicant shall provide a map inventory of any County listed noxious
weeds and provide a weed management plan that will address any
inventoried noxious weeds. The HOA shall be the responsible party for
execution and management of the weed mitigation plan.
Dated this 6th day of February, 2006.
+•A TES,,•;
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COU 'LORADO
Upon motion duly made and seconded the
the following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRtSI HOUPT
ution was adopted by
, Aye
, Aye
, Aye
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STATE OF COLORADO )
)ss
County of Garfield )
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, 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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