HomeMy WebLinkAboutResolution 2011-34.pdf�IlE Fl 1 :MlillIVA Rini El ill
Reception #: 804172
0612112011 03:16;47 PM Jean Alberioo
1 of 6 Reo Fee:$0.00 Doc 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 Courthouse, in Glenwood Springs on,
Monday, the 6th day of June A.D. 2011, there were present:
John Martin
Mike Samson
Torn. Jankovsky
Carey Gagnon
Jean Alberico (absent)
• Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
Assistant County Attorney
Clerk of the Board
County. Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 01 1-- 3 4
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR THE STEPHENS SUBDIVISION LOCATED ON COUNTY ROAD 151 IN THE
SWEETWATER AREA, SPECIFICALLY SECTION 23, TOWNSHIP 3 SOUTH, RANGE
87 WEST OF THE 6TR P.M., GARFIELD COUNTY, COLORADO
PARCEL NO# 1863- 232 -00 -089
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request
from the James and Jean Stephens Revocable Trust for approval of a Subdivision Preliminary Plan
and Final Plat application (combined) to allow for the subdivision of a th35-acre parcel into two
parcels.
B. The ±35 -acre parcel is located in Section 23, Township 3 South, Range 87 West of the 6th
PM and more fully described in a Special Warranty Deed recorded at Reception Number 733113 in
the office of the Garfield County Clerk and Recorder_
C. The subject property is in the Rural zone district within unincorporated Garfield County.
D. The Board of County Commissioners is authorized to approve, approve with conditions,
or deny a request for Subdivision Preliminary Plan and Subdivision Final Plat pursuant to Article V,
Sections 5 -303 and 5-305 of the Unified Land Use Resolutions of 2008, as amended.
lirrI IP 1KL IIii i ®I III
Reception#: 804172
06427/2011 03:96:47 PM Jean Alberico
2 of 6 Rao Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO
E. The Planning Commission opened a public hearing on April 13, 2011 at which time the.
Commission, in a unanimous vote, recommended approval with conditions to the Board of County
Commissioners.
F. The Board of County Commissioners opened a public hearing on the 6th day of June, 2011
upon the question of whether the above - described Subdivision Preliminary Plan and Subdivision
Final. Plat should be granted or denied, during which bearing the public and interested persons were
given the opportunity to express their opinions regarding the plan.
G. The Board of County Commissioners closed the public hearing on the 6' day of June,
2011 to make a final decision.
H. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted or could be submitted
and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons, the request for a subdivision to create two
(2) lots on a 35-acre parcel may be in the . best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County upon
compliance with conditions of approval.
4. That, upon compliance with conditions of approval, the application has adequately
met the requirements of the Garfield County Comprehensive plan of 2000, as amended.
5. That, upon compliance with conditions of approval, the application has adequately
met the requirements of the Garfield County Unified Land Use Resolution of 2008, as
amended.
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 part of the resolution.
B. A Subdivision Preliminary Plan and Subdivision Final Plat to allow for two (2) parcels on
2
®III ke�i R CN ®I III
Reception #: 804172
06f21f2011 D3:16:47 PM Jean Aiberico
3 of 6 Rec FesTS0.0O Doc Fee:0.00 GPRFIELD COUNTY CO
the ±35 -acre parcel located at 1255 CR 151 in the Sweetwater area, Garfield County is
hereby approved subject to compliance with the following conditions:
1. That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners shall be conditions of approval, unless specifically
altered by the Board of County Commissioners.
2. The Preliminary Plan approval shall be valid for a period 'of one (1) year.
3. The Applicant shall comply with the following final plat requirements in addition to those
requirements contained within the Garfield County Unified Land Use Resolution of 2008, as
amended (ULUR):
a The Final flat shall contain the following notes:
Control of noxious weeds is the responsibility of the property owner.
ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25 -7 -401,
et_ seq., 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.
iii. All exterior lighting shall be the minimum amount necessary and that all exterior
lighting shall 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.
iv, Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35 -3 -11, 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. Those with an urban sensitivity may perceive such
activities, sights, sound, and smells only as inconvenience, eyesore, noise and
odor. However, state law and county policy provide that ranching, farming and
other agricultural activities and operations within Garfield. County shall not be
considered to be nuisances so long as operated in conformance with the law and in
a non- negligent manner, Therefore, 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 amendment, herbicide, and pesticides,
any one or more of which may naturally occur as part of legal and non - negligent
agricultural operations.
3
®fll.Sil ID! �ItE�itf1 11��� l�l���i i,si� �S F 1 i ®� ui
Reception #. 804172
06!2112011 03:16:47 PM Sean Alberioo
4 of 6 Roc Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
v. 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 an 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.
vi. Dogs kept on the property shall be in a fenced yard or on a leash to prevent
harassment of wildlife.
vii. Fencing on the property shall comply with the Division of Wildlife specifications for
wildlife - friendly fencing.
viii. If mineral right are severed the plat shall contain the following note:
The Mineral Rights associated with this property will not be 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).
ix. Based upon an analysis of soils on the property, a site - specific geotechnical analysis
shall be prepared by an engineer, licensed to practice in the State of Colorado. These
studies and plans shall be submitted with building permit applications or septic
permit applications within the subdivision.
x. Building permit applications within the subdivision shall be . compliant with
defensible space standards for moderate wildlife hazard areas, as defined by the
Colorado State Forest Service.
xi. All lots within the subdivision are subject to a Well - sharing Agreement recorded in
the office of the Garfield County Clerk and Recorder.
xii. All lots within the subdivision are subject to a Subdivision. Improvements Agreement
recorded in the office of the Garfield. County Clerk and Recorder.
b. Amendment to the Final Plat shall be as follows:
i. The plat shall show site improvements and all waterbodies located on the 35 -acre
parcel as required by the Unified Land Use Resolution of 2008, as amended.
ii. The Certificate of Dedication and Ownership shall be corrected to identify the owner of
the site as the James and Jean Stephens Revocable Living Trust and amend the
4
®111 rbiYliirei lii0 h,04101 #4' nift.1 .> I11 ®Ill!
Reception #: 804172
0612112011 03:16:47 P} Jean Plberico
5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFOELD COUNTY CO
signature lines to identify the authorized signatory of the Trust.
4. The Applicant shall delineate and legally describe all easements on the final plat and convey
all easements to the responsible entity. This dedication shall be in a form acceptable to the
County Attorney's Office and transfer shall occur at the time of recording of the final plat.
These easements shall include, but are not limited to all easements of record, utility
easements, water system and distribution easements.
5. The Applicant shall provide an inventory of noxious weeds to. County Vegetation
Management and if noxious weeds are found to exist on the site a treatment plan shall be
provided, reviewed and accepted by the Vegetation Manager. Upon acceptance of the
documentation the Vegetation Manager shall provide the Applicant a letter of satisfaction
which shall be forwarded to the Building and Planning Department no later than July 15,
2011.
A well sharing agreement(s), satisfactory to the County Attorney's Office, shall be submitted
prior to scheduling of the plat with the Board of County Commissioners. The documents
shall be reviewed and deemed sufficient to the County Attorney's Office prior to Board
signature on the plat.
7. A Subdivision Improvements Agreement shall be submitted to Building and Planning for
legal review and acceptance. This agreement shall be finalized, executed and collateral
provided prior to Board signature of the Final Plat.
8. As part of the public improvements to be constructed by the Applicant, and secured in the
Subdivision Improvements Agreement, the Applicant shall provide to the Building and
Planning Department engineering plans, cost estimates and a site plan indicating the
proposed locations for improvements including water storage, water distribution system, a
culvert, and detention pond. This infounation shall be reviewed by a third -party engineer
and County Attorney's Office to determine sufficiency prior to Board of County
Commissioner signature of the Final Plat and Subdivision. Improvements Agreement.
9. Prior to Board of County Commissioner signature on the Final Plat the Applicant shall
submit all required fees including, but not limited to, Fee In -Lieu of School Land Dedication.
Dated this c2 v. day of c - , A.D. 20 1
5
VIII Kiltilke:,111011M, Ill Ile 1 n 11I
Reception #: 804172
06/2112011 03:16:47 P1 Jean Albarico
6 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
ATTEST:
CI ` of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the for
following vote:
COMMISSIONER CHAIR. JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
ion waadopted by the
, Aye
, Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO )
)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. 20
County Clerk and ex- officio Clerk of the Board of County Commissioners
6
