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Home My WebLink About5.0 Resolution 2006-1051 111111 11111 11111 IIIN 1111 11111 ll Ill 11111 1111 1111 71127S 11/17/2006 10:06A B186 91 M • LSDQRF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a 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. 20 0 6 -.10 5 A RESOLUTION CONCERNED WITH GRANTING APPROVAL OF A PRELIMINARY PLAN FOR A SUBDIVISION OF LAND IN GARFIELD COUNTY, CREATING 4 PARCELS FROM A PARENT TRACT OF 48.52 ACRES, KNOWN AS OVERVIEW SUBDIVISION, 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 into 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 Tots 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, 1 1 111111 11111 1111111 11 111 101 1111 1 1111 11 10 11111 11111111 711279 11/17/2006 10:06A B18 P392 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIEL OUNTY CO • , granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the Preliminary Plan; 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. Proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of County Commissioners. 2. The hearings before the Planning 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 standards set forth in §4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. All data, surveys, analysis, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all planning and engineering requirements of the Garfield County Subdivision Regulations NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County Colorado that based on the determination of facts set forth above, the Preliminary Plan request is approved with the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 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 amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." 1 111111 11111 1111111 11111 1111 11111 111111 111 11111 11111111 711279 11/17/2006 10:06A 81864 3 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD TY CO 1 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 burning 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. "All 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. 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. Internal public road right-of-way dedication shall be at the time of final platting. 3 111111111!1111111111111111111111111111111111111 Hilt 711279 11/17/2006 10:06A B166 94 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD NTY CO • 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 November, 2006 • r _ GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COL •.:+:,• O Chairm Upon motion duly made and seconded the foregoing Reso the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT ution was a , Aye , Aye , Aye pted by 4 • 11111D 111111 '' 11111111111111111111111I1IA1III11I 711279 11/17/006 10 06 . STATE OF COLORADO ) A 864 P395 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIE LD COUNTY CO )ss County of Garfield ) 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 5