HomeMy WebLinkAbout7.0 Resolution 2011-54.pdf1111 M'l'.~r~:r'IIM,I'II'I' ~l.rtlei.W,~f,lo\\\:1~ lnUI IIIII
Recept1on#: 808880
10/04/2011 03:24:25 PM Jean Rlberico
1 of 9 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD 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 19th day of September A.D. 2011, there were present:
,Jo"'hn"'-'M"""a'-'rt'-'inL-____________ , Commissioner Chairman
.,Mi..,·,ke"'""'S""am,_so,..n"------------' Commissioner
-"T_,om"'"'J"'ank""'o"-v,__,s,.,kyoJ-___________ , Commissioner
"D"'re,_,w"--"G"'o"r6'ge"-ly'---------'--------'' County Attorney
,C,.ar..,e'"-y_,G,a,.gnill"o""n ____________ ,, Assistant County Attorney
,.,Je""an~A..,l"'b"'en"'· c,o'--------~---~ Clerk of the Board
"E"'d-'G"'r"'ee,n"-'-'(a.,b,se,n""t)L_ __________ ,, County Manager
when the folloWing proceedings, among others were had and done, to-wit:
RESOLUTION NO. 6<o11-'!;I{
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR THE SAGES AT ASPEN GLEN SUBDIVISION LOCATED WITHIN THE ASPEN
GLEN PUD CLUB VILLAS ZONE DISTRICT ON 4.243-ACRES OF LAND OWNED BY
GERD ZELLER IN SECTION 13, TOWNSHIP 7 SOUTH RANGE 89 WEST OF THE
6m P.M., GARFIELD COUNTY, COLORADO
PARCEL NO# 2395-134-00-405
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
a Subdivision Preliminary Plan to allow for the subdivision of a±4.243-acre parcel into ten (1 0) lots
which include seven (7) single family lots and three (3) duplex lots.
B. The ±4.243-acre parcel is located within the Aspen Glen PUD in Sections 13, Township 7
South, Range 89 West of the 6th P.M. and more fully described in a General Warranty Deed recorded
at Reception Number 665694 in the office of the Garfield County Clerk & Recorder.
C. The subject property is contained within the Club Villas zone district, Aspen Glen Planned
Unit Development located in unincorporated Garfield County.
D. The Board is authorized to approve, approve with conditions, or deny a request for
1
1111 ~-~:1'11M,M11 r.lt r-l.ltW'WII\~NI".I.W..~ul II II I
Reception#: 808880
10/04!2011 03:24:25 PM Jean Alberico
2 of 9 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Subdivision Preliminary Plan pursuant to Article V, Section 5-303 of the Unified Land use
Resolutions of 2008, as amended.
E. The Planning Commission opened a public hearing on December 8, 2010 at which time
the Commission voted to recommend approval with conditions to the Board of County
Commissioners.
F. The Board of County Commissioners opened a public hearing on the 19th day of
September, 2011 upon the question of whether the Subdivision Preliminary Plan should be granted
or denied, during which hearing 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 19th day of
September, 2011 to make a 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
Preliminary Plan to create seven (7) single family lots and three (3) duplex lots on a
4.243-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 recommended by the Board of County Commissioners.
4. That, upon compliance with conditions of approval, the application has
adequately met the requirements of the Garfield County Comprehensive plan of2000,
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
o£2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
2
lllllro~. ~:n1M,NII,~L Nllfir+f,tfti&IP!CU«<,lflj,*•i IIIII
Reception"#: 808880 .
10/04/2011 03-24·25 PM Jean Alberico
3 of 9 Reo Fe&:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO
A. The forgoing Recitals are incorporated by tbis reference as part of the resolution.
B. The Sages at Aspen Glen Subdivision Preliminary Plan located witbin the Aspen Glen PUD,
Garfield County is hereby approved subject to compliance with the Preliminary Plan,
attached as Exhibit A, and the following conditions:
l. That all representations made by the Applicant in the application and at the public
hearing shall be considered conditions of approval.
2. Preliminary Plan approval shall be valid for a period of one (1) year from the date of
approval by the Board of County Commissioners.
3. The Applicant shall comply with the final plat requirements in addition to those
requirements contained within the Garfield County Unified Land use Resolution of2008, as
amended (ULUR):
a. The Final Plat shall contain the following notes:
1. 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.
111. 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
3
1111 W.~o,:lliM,I'I'Ii ~rl(l,l&rk'IV'Ii~HI1.1tU ~~~ IIIII
R•ceptjon~: 808880
10/04/2011 03:24:25 PM Jean Alberico
4 of 9 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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.
v. All owners ofland, 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 m Garfield County;
VI. Fencing on the property shall comply with the Division of Wildlife
specifications for wildlife-friendly fencing;
vii. 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).
b. The Final Plat shall contain the following certificates as contained within the Plat
Certificate Appendix of the ULUR:
1. Certificate of Dedication and Ownership;
11. Lienholder Consent and Subordination Certificate, if applicable;
m. Board of County Commissioners Certificate;
iv. Title or Attorney Certificate;
v. TreasurerCertificate of Taxes Paid;
VI. County Surveyor Certificate;
vii. Clerk and Recorder Certificate;
viii. Surveyor Certificate.
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, drainage easements, water system easements, stormwater drainage easements,
open space and any internal roads required as a part of this development.
5. The vacation/relocation of the golf cart path must be clearly documented at fmal plat
4
11111\1"• J:n1M',DII~ ~ llllli ltll:l+lllll:illl\ IIIUI IIIII
Reception~; 808880
10/0412011 03:24:25 PM Jean Alberico
5 of 9 Rec Fee:$0,00 Ooo Fee:0.00 GARFIELD COUNTY CO
including a letter of acceptance for the vacation of the easement from the Homeowner's
Association or Club representative;
6. The Applicant shall provide a map and inventory for the property for Garfield County
listed noxious weeds. If noxious weeds are present the Applicant shall provide a weed
management plan and address the weed management ofthe site, including common areas,
within the covenants. This information shall be submitted for review and acceptance by the
Vegetation Manager of Garfield County prior to submittal of the final plat application;
7. Prior to approval and recordation of the final plat the Applicant shall be required to
comply with Resolution 2008-05, and submit the required $730.00 per unit residential impact
fee for the Carbondale and Rural Fire Protection District.
8. The Applicant shall submit an unimproved property appraisal for the site at fmal plat.
This appraisal is necessary to calculate the Fee in-lieu of School Land Dedication which
shall be due and payable prior to approval and recordation of the final plat.
9. A site specific geotechnical and foundation report shall be required at final plat.
I 0. The Board of County Commissioners recommends that the Applicant work with the
Aspen Glen Design Review Committee.
Dated this
..3 ..__<l day of ~ A.D. 20_1_/ _.
ATTEST: UNTY BOARD OF
, GARFIELD COUNTY,
Upon motion duly made and seconded the fo
following vote: "'----
~C~O~MMI~!ilS~SI!!eOLlN:!JE±~;R),.:C~HuAIRn4!~J~OLlHN.!!.'!..LF .c.JMAR~~T~IN~-------~ Aye
~C~O~MMI~£SS~I~O~N~E~R~MI~K~E~S~A~M~S~O~N'------------------'Aye
~C"'O"'MM~I"'S'-"SI"O!.!N_,__,E""R"-T""'O""M~J~AN"'-'--"K"'O'-'V'-'S"'K'-'Y'-----------' Aye
5
IIIIMI"•':n,M,D«U.IL'oJ,IIIIfiiiVII'tlrriiM.IW\ ~·~II Ill
Reception~: 808880
10/04/2011 03:24:25 PM Jean Rlberico
6 of 9 Reo Fae:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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
LIZ og•d
UO!J•Of!ddy A.rnUfUI!pld
uo1o uodsy 1• soll•s
1111 MI".1.P~M.~ 11\l MII'!'Ctoll(,lrlrtllll1.1nlll ~~~J. IIIII
Reception#: 808880
10/04/2011 03:24:25 PM Jean Alberico
7 of 9 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
1:1 .~ :r -~1 t., a fli . h 1•1, ~,., " t-~· : , 1
{f; di ! ~~1H i ~~~~~~~-~~~~ u1'm l ~!;i~ ~~ .h~~ ~~ l~l ~ ~ c~~ .~! ~!ffl I .
. ~ ~ ~ ~ ~ ' fj Jtilj !f!}ii j!li !! i{lj : iiij11i f!~lh fitlfii ~~~ i il! jj lj~; iii~ 1. ;
~ t l : ~Ji ! ~~~ mil, .. bl !U ~1!1 1 hU!:II :IJ, ii 1m fi, :11r ~~~I . , ~ttl . !11 !! 1
I I ,I
II
I
I
·-1
..
"' "" c.l ;:,:
1111 Wf."o~.~~IM,Hl~IW.I'ft'CIIf,fiM'I;N"UM,I;a ~·~ IIIII Reception#: 808880
10/04/2011 03:24:25 PM Jean Albarioo
e of S Rec Fee:$0.00 Doc Fee:0.00 GI=)RFIFrLD COUNTY CO
l § ' ~ i! ~ ~I ~.
n
11111\1""' P~iM',I'I''A Pl\',l'f(f l.;rl*l"'irrlllf.lol(l ~·I IIIII Reception#: 808880
10/04/2011 03:24:25 PM Jean Alber-ico
9 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO