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STATE OF COITORADO
County of Garfield
Commissioner Chairman
Tr€si Houpt (absent)
Cornmissioner
Commissioner
Assistant CountY AttomeY
Clerk of the Board
County Manager
when the followingproceedings, among others were had and done' to-wil:
RESOLUTIoN NO. a o o 9' t3 I
ARESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR A SEVEN LOT SUBDwISION KNOWN AS "QUICKSILVER COURT" AND
PROPERTY OWNED BY G.H. DANIELS III AND GREGORY HASENBERG'
GARFIELDCOT]NTY
P A RC E L N O # 21 7 7 27 200 464 and 217 7 22300 463
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At a regular meeting of the Board of county commissioners for Garfield county, colorado'
held inthe Commissione.situteeting Room, Carnita Counfy Courthouse, in Glenwood Springs on'
Monday, the 86 day of December A'D' 2008, there were present:
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\\sRecitals
A. The Board of County Commissioners of Garfield County, Colorado,
pretiminary Plan application from G,H. Daniels III and Gregory Hasenberg to suMivide
t",.firg ig.gZ-*t"t i"to 7 residential lots and which properly is,located in a portion of
fownJnip f So'ttu Range 93 West of the Sixth P.M., Garfield Counry.
B.ThesubjectproPerlyislocatedinthcARRDZoneDistrict.
two parcels
Section 21,
C- On October 22,2008the Garfield County Planning and Zoning Commission forwarded a
recommendation of uppioval with conditions to the Board of County Commissioners for the
Preliminary Plan
D. On December 8, 2008, the Board of County Commissionen opened a public he*inglpon
thc question of whether the Preliminary Plan should be granted, granted with conditions' or denied at
*li"t trrrl"gthepublic and interested persons were giventhe opportunity to express their opinions
regarding the issurtcc of said Preliminary Plan'
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E. The Board of County Commissioners closed the public hearing on December 8' 2008 to
make a final dccision.
F. The Roard on the basis of substantial competent evidence produced atthe aforcrnentioned
hearing, has made the following determinations of fact:
1. That proper notice was provided as required by Iaw -for
the hearings bcfore the
Planning and Tnmngcommission and before thc Board of cormty commissioners'
2. That the public hearings before the Planning and Zoning cornmission and the Board
of County Commissioners were extensive and complete; all pertinent facts" matters
and issues were submitted; and that atl interested parties were heard at those
hearings.
3. The application is in compliance with the sta.ndards set forth in Section 4:00 of the
GarfieldCountySubdivisionRegulationsoflg84,asarnended.
4. That the proposed subdivision of land is in compliance with the rwommendations set
forth in the bompreh"nsive Plan for t}e unincorporated areas ofrhe Cotmty.
5. The proposed suMivision of land conforms to the Garfield County 2loning
Resoludon of 1978, as aruended'
6. The proposed use is in the best interest of the healtll safety, morals, convcnienct,
ordei, piosp"rity and welfare of the citizens of Garfield county.
RESOLUTION
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 pari of the tesolution-
B. A Preliminary Plan request for "Quicksilver court" is approved with the following
conditions:
l. Thai atl representations made by the Applicant in the application' and at rhe public
bearing before Ge Board of County iommissiooers and Planning Commission' shdl be
conditions of approval, rurless specifically altered by the Board of county
Commissioners;
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z.TheApplicantshallprovideapumptest(minimumforrrhours)foreachoffte
existing *"ffi*J an *ritten opinion from the qualified professional conducting the test
regarding tn. J"q*"y of the wells to serve the proposed development including the
requested e.""rtJty liwelling Units to be submitted with the Final Plat application;
3.TheApplicantsballprovideawaterqrralityanalysisforeachoftheexistingwells
demonstrating "o*ptiall""
*ith state guidelines regarding bacteria and nitrates to be
submitted with the Final Plat application ;
The Applicant shall be responsible for 5070 of the Traffic Impact Fees at the time
of Final nlai (to be calculated after subminal of Final Plat App)ication);
4.
Permit submittal;
6. The Resricdve covenants shall include language demonstrating the homeowners
obligation to constmct a 1000 gallon water storage tank for the purpose of domestic
water suPPlY;
5. The Applicant shall include language in the Restrictive covenants regarding the
futrire lot ownefos Traffrc lmpact Feeiesponsibility required at the time of Building
7'TheApplicantshallprovideaweedinventoryofthesubjectpropertyidentifuing
all County listed noxious weeds and a map of specific weed infestations at the time of
Final Plat;
8-The Appticant shall provide a weed management plan for as identified in exhibit
g.Acornrnonweedmanagementplanincludingresponsibilityofindividuallotand
roadside weed management shall be included in the Covenants and Restrictions;
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10. The Applicant shall provide a map or information ttrat quantifies the arca' in terms
ofacres, to bi disnubed and subsequently reseedcd on road cuts, utility disturbances,
and arou.nd the proposcd prrnd at the time of Final Plat;
ll Based on the total disturbed are4 vegetation security shau be determined by
Garfield County Vegetation Management and submitted prior to obtaining Final Plat
approval;
At the time of Final Plat, the Applicant shall pmvide the Planning DeparEnent
with a digital drawing file of the subdivision. The format of rhe digital drawing shall be
in .dxf oi.dwg format. Tbe file may be submitted to the Deparirnent on 3'5" diskcne,
compact aisc (cD;, or via e-mail (in comprcssed format). The digital filc shall be
projicted to fii wiiUin the parameters of UTM Zone 13, NAD 27, in survey meters. A
minimum of two ground control points displayingNorthing and Easting slEll be
identified in the digital file.
12.
13. The following plat notes shall be included on lhc Final Plat:
a) One ( I ) ttog w iil be ullow e,l for each r e s idential mit and the dog shall be reqairsd to he
confined w ilhin the awner's property boundnies"
b) No open hearth sotid-fuelfireplaces will be allowed arywhere within the subdivision' One'(l) new soltd-fuit birning stove as dcfed by C.R.S. 25-7-401, et. snr", md the
,tgriotio promulgarcd thereunder, wilt be allowed in any dwellingunit. All dwelling
uins will be allowed an unrestricted numher of natwal gas burning stoves and
appliances.
e) AII exterior lighting wilt be the minimum amount necessary and all exterior lightingwiil
be directed inward and dowmyard, towards the inleriar of the suMivisia4 ercept thal
provisions may be made to allow for safety lighting that gaes beyond the properly
boundaries,
d) Nofurther divisions of landwithin the Subdivisionwill be allawed
e) Colorado is a "Rightlo-Farm" State pursuant lo C.,R.^S. 3J-3-J0, , et seq- Landowners,
residents and visitors must be prepared to accept the acrivines. sig&ls" sourds and JIrnlls
of Garfield County's agricultural operations as a normal and neeessty aspecl ofliving
ti a iounty with a tiong rural chsacter and a heoltlty ranching sector- AII tnst be
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prepared to encounter noises, odor, Iights, mud, dwl, smoke chemicols, machinery on
pubticroads,liveslockonpublic,o-od,,,to,og,anddisposalofmanure-,y!.,h"
applicationby spraytngor otherwise of chemicalfertiliz-ers, soil amendments' lprbicides'
and pesticriis,'o i oi, or more o1*htch mry naturally occur (N a part of alegol and
non-negligent agricultural operations'
t All owners of land, whether ranch or residence, have obligations urtder state la'* and
County reg;tiotions with regard to the maintenance of fences and inigation ditches'
controlling weeds, kcepini livestock and pets under conlrol, using property in
acc or danc e i itt uirns, on\ other aspect s ofusing and maintaining property' Rcsidlnts
qnd landowne6 or" ,irouraged to liarn about these rights and responsibilities and act
as good ""i,niori oi citiins of the County. A good introductory source far such
information"is "A Guide n nwil Living &'Small Scale-Agriculnre" pnt out by the
colorado state IJniversity Extension ffice in GarJield county.
g) Bosed on lhe analysis of the sub-soils on the property, Individual sewage Disposal
system andfoundaTion iesigns are required to ie conduclelby a registered ryofessional
engineer ficinsed to practiie within tie State of Colorado. These studies and plats slall
be submitted wnh iid*idual building permit applicationfor each lot. The cost af these
studies shall be borne by the individual property ovtner'
h) All streets are dedicated to the public but all streets will be consaucted lo slandards
consistent with Section 9:35 oi the Subdivision regulation of 1984, as ametded wtd
repair and maintenance shall ie the responsibitity of the Homeowners Association ofthe
subdivision
i) The mineral rights associated with this praperty have been parlially severed ard are not
fully intaci or"t orsfro"d with the surfaci estate therefore allowing the potentialfor
natural resaurce eitraction on lhe property by the mineral estqle owner(s) or lessee(s)'
j) Although no Accessory Dwelling (Jnits were approved through the Preliminw PIan
pror"i, all future permined acissory Dwelling [Jnits shall be limited to I ,504 square
'feet
and may not bte coweyed into sepatale ownership'
k) All lots are subject to the Declaration of Easements, Resnictions and Coverwtts for
Grass Mesa Ranch.
a Quatity Analysis conducted on
levels of Aluminum and lron,
the subiect properly have demonstratcd-
i nd iv i dua! w at u r r, o* ri' iy r*-" "frt.A ar\--
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m)owner ofeach lot shall demanstrate thot the required I 0A0 gallon storage tanklo be
for frre protection has been construetedprior to the issuance ofa Certifcate af
Datedthisl$*rur )era-5o- . l-D-tlOL '
ATTEST:COT]NTY BOARD OF
GARFIELDCOUNTY,
of the Board
Upon motion dulY made and seconded
following vote:
by the
JOHNF.TIN
STATEOFCOLORADO )
)ss
County of Garfield )
IN WITNESS WIIEREOF, I have hereunto set my band and affrxed the seal of said County,
at Glenwood Springs, this -.-day of , A'D' 20--'
corurty clcrk and ex-officio clerk ofthe Board of county commissioners
Aye
Aye
Absent
I, . County Clerk and ex-officio Clerk of the Board of
County Commissio*rr, ir, '*d fo, th" County ad State aforesai4 do hercby certi$ that the annexed
and foregoing Resolution is truly copied fiom the Records ofihe Proceeding ofthc Board of county
Commissioners for said Garfield County, now in my officr'
6
SEAL
was