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Home My WebLink About6.0 Resolution 2008-17.1111 Kiri FOrgni liaMihAVIIII111I4iali 11I 111 Receptiontk : 741634 01/23/2008 11:27:07 AM Jean Alberico 1 of 5 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 14th day of January A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-17 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR A THREE LOT SUBDIVISION KNOWN AS "NORTH BELL RANCH" AND PROPERTY OWNED BY NATHAN AND TAMARA BELL, GARFIELD COUNTY PARCEL NO# 212531300141 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Nathan and Tamara Bell to subdivide a 35.23 -acre property into 3 residential lots and which property is located in a portion of Section 31, Township 5 South, Range 91 West of the Sixth P.M., Garfield County; and WHEREAS, the subject property is located in the ARRD Zone District; and WHEREAS, on October 25, 2007 the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on January 14, 2008, 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 WHEREAS, the Board of County Commissioners closed the public hearing on January 14, 1 ne1") he V.Ff' 2. A 30-foot right-of-way easement from the centerline of all County Roads adjacent to this subdivision shall be dedicated to Garfield County prior to signing of the final plat. 1111 MI NLIMNI1 Palgili 1111 .. Reception#: 741634 01/23/2008 11:27:07 AM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2008 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: 1. That proper notice 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 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 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 and the Comprehensive Plan for the Town of Silt. 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 all 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. Access and Internal Roads Easements 3. The Applicant will need to delineate and legally describe all easements on the final plat and convey all easements shown on the plat to the Homeowners Association. This dedication needs 2 ■III k�iNt��,�� ,fi�4+��I�+�k III Reception#: 741634 01/23/2008 11:27:07 AM Jean Alberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm -water drainage easements, and all internal roads (which will be dedicated to the public on the face of the final plat) required as apart of this development. Impact Fees 4. The property is located in Traffic Study Area 6 which requires a $210 per Average Daily Trip (ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of final plat. The Applicant shall pay 1/2 of the total impact fee at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The remaining half shall be divided among the lots to be paid at the time building permits are submitted to the County for individual lot development. 5. The development is located in the RE -2 School District. As such the developer is required to pay the appropriate School Site Acquisition Fee to be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated as $200 per residential unit. Fire Protection 6. The developer shall install a 5,000 gallon water storage tank dedicated to structure and wild land fire protection. This tank shall be installed below ground and within an easement as described on the Preliminary Plan. This tank shall be maintained in an operable condition by the Homeowners Association. In addition, the Homeowners Association shall be responsible for ensuring that the water tank contains at least 5,000 gallons of water at all times. Language ensuring the physical maintenance of the fire protection water tank and maintenance of the water level shall be included in the Declaration of Covenants. Plat Notes 1. 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. 2. No open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. 3 ■III fiY+� N�?,�� Nil�!'r�4��i�Ml'��.«i�'.N�I�� 1I 111 Reception#: 741634 01/23/2008 11:27:07 RM Jean Rlberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 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. 3. 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. 4. 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. 5. 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. 6. 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). 7. All foundations shall be designed by a Colorado registered engineer. 8. All Individual Sewage Disposal Systems (ISDS) shall be designed by a Colorado registered engineer. 9. The Homeowners Association shall be responsible for maintaining the fire protection water tank in an operable condition. In addition, the Homeowners Association shall be responsible for maintaining at least 5,000 gallons of water within the fire protection water tank at all times. 4 1111K !OMNI ,PI PCL•ill'j ln'A lig , IN 11111 Reception#: 741634 01123/2008 11:27:07 AM Jean Alberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO s* tt Dated this 0Z/ - day of d G ►'u �k r , A.D. 20 0 g . ATTEST: k of the Board GARFIELD COMMISSI LORAD • TY BOARD OF ARFIELD COUNTY, Chairman Upon motion duly made and seconded the foregoin following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO County of Garfield )ss ) Resoluti , Aye , Aye , Aye by the 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5