HomeMy WebLinkAboutResolution 2012-20.pdf1M El, l 1101 ! 11111
Reception #: 818303
1 fZ82Rao Fes :$0.00�QooaFse,0300�GARFIELO 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 13th day of Feburary A.D. 2012, there were present:
John Martin , Commissioner Chairman
Mike Samson • Commissioner
Tom Jankovsky _ , Commissioner
Andrew Gorgey , County Attorney /Aetingg County
Manager
Carey Gagnon , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 020)
A RESOLUTION OF APPROVAL FOR A PRELIMINARY PLAN AMENDMENT TO
THE STEPHENS SUBDIVISION PRELIMINARY PLAN, RESOLUTION 2011 -34,
LOCATED ON COUNTY ROAD 151 IN THE SWEETWATER AREA, SPECIFICALLY
SECTION 23, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD
COUNTY, COLORADO
PARCEL NO# 1863 - 232 -00 -089
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (the Board) held
a public hearing on June 6, 2011 at which time conditional approval was granted for an
application which combined Preliminary PlannFinal Plat review for the Stephens Subdivision, a
two -lot subdivision on a 35 -acre parcel. The decision is memorialized in Resolution 2011 -34.
B. On December 6, 2011 the Applicant requested a meeting with the Board to amend and
clarify several conditions required by the Preliminary Plan approval granted by the Board.
C. The Board of County Commissioners is authorized to approve, approve with
conditions, or deny a request for an amendment to an approved Subdivision Preliminary Plan
pursuant to Article V, Section 5 -304 of the Unified Land Use Resolutions of 2008, as amended.
1
1111 F.6 Irff1`il '1i1114L1r 1 *I 11 11 1
RBeeptian #: 818303
03/2212012 02:02:53 PM Jean Plber €co
2 of 5 Rao Fea:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
D. The Board of County Commissioners opened a public hearing on the 16th day of
January, 2012 upon the question of whether amendment and clarification of certain conditions of
approval should be granted or denied, during which hearing the public and interested persons
were given the opportunity to express their opinions regarding proposed amendment.
E. The Board of County Commissioners continued the public hearing to February 13,
2012.
F. The Board of County Commissioners closed the continued public hearing on the 13t
day of February, 2012 1.0 make a final decision.
G. 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 to amend the conditions of
approval for the Stephens Subdivision Preliminary Plan is in the best interest of the
health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
4. That, upon compliance with the amended 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 amended conditions of approval, the Stephens
Subdivision Preliminary plan 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. This resolution shall replace Resolution 2011 -35 in its entirety.
C. The Subdivision Preliminary Plan and Final Plat application approved for the Stephens
2
.1111 I � �1I� l�L� �[ Ili 11( I
ReoepLton#: 818303
03/22/2012 02;02:53 PM Jean Albertoo
3 of 6 Reo Fee.$0.00 Doc Fee :0,00 GARFIELD COUNTY CO
Subdivision, allowing for two (2) parcels on 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:
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 from the
approval granted on Tune 6, 2011.
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 Plat shall contain the following notes:
i. 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 arnount 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 "RIGIIT -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
3
.111114' J' ilYlnkiriAVAiiIIMIC 14CI*LI,I IM1> 11111
Reception#: 818303
03!22/2012•- 02:02:68 PM Jean Alberieo
4 of 6 Reo Fee:S.l.00 Doc Fee:0.00 GARFIELD COUNTY CO
and non - negligent agricultural operations.
v. Ali 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 lessees).
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 an "Improvements Agreement"
recorded in the office of the Garfield County Clerk and Recorder setting
forth the plan and parties responsible for the construction of required
improvements.
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
4
X14[ lli `�PhEl i �fi �f�i� IO GWOC1 NA MIN 1111
Revept ton# : 816303
03i22l2512 02 ;02:53 P11 .Sean fUberico
5 of 5 Rite, Fee:SO.00 Goo Fee:0.00 GARFIELD COUNTY CO
amended.
ii. The Certificate of Dedication and Ownership shall he corrected to identify
the owner of the site as the James and Jean Stephens Revocable Living Trust
and amend the signature lines to identify the authorized signatory of the
Trust.
4. 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.
5. A well sharing agrecment(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.
6. 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 13 ~ day of A.D. 4-1-'- , 20 1 z .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISS NE GARFIELD
COUNT COLO
Cl dr of the Board
Upon motion duly made and seconde - the f
following vote:
tion was adopted y the
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
, Aye
, Aye
, Aye
5
1111 1 III
Reception #: 816303
03/22/2012 02:02:53 P11 Jean Alberico
6 uf 6 Rao Feo $0.00 Doo Fee :0.00 GARFIELD COUNTY CO
STATF, OF COLORADO
County of Garfield
)
)ss
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