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ReceptJon~: 822995
08/21/2012 91:44:42 PM J•«n Alberico
1 of B Rec Fee:$0.00 Doc F•e:0.~0 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 13th day of August A.D. 2012, there were present:
,..Jo~hn~M~art"""i"'n _____________ , Commissioner Chairman
=Mik.,·,e""'S'"'am"""s"'o"'n------------~ Commissioner
.._T,om~J_,.ank,..,o"'v..,sky>.L------------~' Commissioner
,C,.are..,.y....,.G,_,a~gn,.,o,n,__ ___________ _,, Acting County Attorney
,..Je.,an"'-"AI"'b"'e""ri"'c"-o _____________ , Clerk of the Board
,An"'dr"""ew.!!..>G,.,o""r5'gey"'-------------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. ~01;).-7{.p
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR THE FRONING SUBDIVISION LOCATED ON COUNTY ROAD 107 IN THE
SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.,
GARFIELD COUNTY, COLORADO
PARCEL NO# 2393-272-00-032 AND 2393-272-00-031
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
a Subdivision Preliminary Plan application to allow for the subdivision of the combined areaoftwo
parcels into five single family lots.
B. The±31-acre site is locatednorthofthe Town of Carbondale on County Road 107 (Red
Hill Road) and more fully described in a Special Warranty Deed recorded at Reception Number
755267 and a Quit Claim Deed recorded at Reception Number 796982 in the Office of the Garfield
County Clerk and Recorder.
C. The subject pwperty is contained within the Rural zone district within unincorporated
Garfield County.
D. The Board is authorized to approve, approve with conditions, or deny a request for
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Subdivision Preliminary Plan pursuant to Article V of the Unified Land use Resolutions of2008, as
amended.
E. The Planning Commission opened a public hearing on June 27, 2012 at which time the
Commission, in a 5-0 vote, recommended approval with conditions to the Board of County
Commissioners.
F. The Board of County Commissioners opened a public hearing on the 13th day of August,
2012 upon the question of whether the above-described Subdivision Preliminary Plan should be
approved 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 continued the public bearing to the 20th day of
August, 2012
H. The Board of County Commissioners closed the public hearing on the 20th day of August,
2012 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the aforementioned
bearing,
has made the following determinations of fact:
1. That proper public notice was provided as required for the hearings.
2. That the bearings were extensive and complete, that all pertinent facts, matters and
issues were submitted or could be submitted and that all interested parties were heard
at the hearings.
3. That, upon compliance with conditions of approval, and for the above stated and
other reasons, the request for a Preliminary Plan to create five (5) lots 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 conditions of approval, the application has met the
requirements of the Garfield County Comprehensive Plan 2030.
5. That, upon compliance with conditions of approval, the application has met the
requirements of the Garfield County Unified Land Use Resolution of 2008, as
amended.
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08/21/2012 01:44:42 PM J•an ~lbarioo
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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.
A Subdivision Preliminary Plan and to create five (5) lots in the Froning Subdivision is
hereby approved subject to the followillg conditions:
l. That all representations made by the Applicant in the application, and at the public hearing
before the Planning Commission shall be considered 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 (I) year.
3. Plat Notes
The Applicant shall comply with the 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 riatural 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 ofli ving 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
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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 oflegal 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 in Garfield
County;
VI. Based on the analysis of the sub-soils on the property, Individual Sewage Disposal
Systems and foundation designs are required to be conducted by a registered
professional engineer licensed to practice within the State of Colorado. These studies
and plans shall be submitted with individual building permit application for each lot.
The cost of these studies shall be borne by the individual property owner;
vn. A Site-specific soils and foundation investigation shall be submitted with the Building
Permit application for each lot within the Froning Subdivision;
vm. Restrictions regarding animal control, fencing and prevention of conflicts with wildlife
shall be included in the protective covenants compliant with the recommendations of
Colorado Wildlife Science, LLC contained in a report dated August 201 0;
ix. All streets are dedicated to the public use but will be owned and maintained by
Homeowner's Association. All streets will be constructed to standards consistent with
Article VII, Section 7-307 Roadway Standards, of the ULUR, unless specific sections
have been waived by the Board of County Commissioners. Repair and maintenance
shall be the responsibility of the incorporated Homeowners Association of the
subdivision;
x. The mineral rights have not been severed from the surface parcels however the future
sale of the sites may sever these rights. In order to inform future owners that mineral
rights may be severed a plat note regarding this fact must be included on the final plat;
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xi. A plat note shall be written, to the satisfaction of the County Attorney's Office,
regarding restrictions on Lot 3 which is split by the access road. Specifically, this lot
has been created as a single parcel with the allowance for one single family home on the
5.006-acre site.
4. FINAL PLAT
The Final Plat shall contain the following certificates as contained within the Plat Certificate
Appendix of the ULUR:
a. Certificate ofDedication and Ownership;
b. Lienholder Consent and Subordination Certificate, if applicable;
c. Board of County Commissioners Certificate;
d. Title or Attorney Certificate;
e. Treasurer Certificate of Taxes Paid;
f. County Surveyor Certificate;
g. Clerk and Recorder Certificate;
h. Surveyor Certificate.
5. WATERREOUIREMENTS
a. The Applicant shall obtain a well permit for the subdivision as required by the Division of
Water Resources and this well permit shall be considered a submittal requirement at final
plat;
b. The Applicant shall include the terms and conditions of water decree case no. 06CW195 in
the Subdivision Improvements Agreement and Restrictive Covenants;
c. The Applicant shall submit the results of well testing as required by Section 7-104 B. of the
ULUR with the Final Plat application. The report shall provide data sufficient to
demonstrate provision of adequate water quantity and quality to serve the Jots in the
subdivision;
d. If water quality analysis requires treatment of the water the Applicant shall provide design of
the treatment system and cost estimates as a submittal requirement at final plat;
e. The HOA shall be transferred the water rights, well permit and all easements and facilities
related to the water system for this subdivision;
f. The subdivision covenants, or other HOA documents, must include description of the right of
each lot to use the water, must adequately describe the maintenance requirements of the
system, and must assign authority to the HOA to collect fees associated with the use and
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maintenance of this system. This documentation shall be considered a final plat submittal
requirement and shall be reviewed by the County Attorney's office for a determination of
sufficiency.
6. ROAD REQUIREMENTS
The Board of County Commissioners support the requested waivers regarding road standards, as
recommended by the Planning Commission, and a condition will be included which requires the
applicant delineate adequate snow storage areas within the blanket easement. The easements
shall be dedicated to the Homeowner's Association.
7. SUBDIVISION IMPROVEMENTS AGREEMENT
a Any Applicant for a building permit within the subdivision shall provide a site grading plan
demonstrating how flows from the existing basins will be mitigated. This shall also be
required as a plat note on the Final Plat and within the covenants;
b. The retaining walls required by the subdivision shall be designed and included in the
subdivision improvements agreement. Adequate easements must be created and the
easements dedicated to the HOA who will be responsible for ongoing maintenance of these
structures;
c. Should additional water storage be required, based upon requirements of the Carbondale &
Rural Fire Protection District, the Applicant shall provide an updated design and revise the
cost estimates.
8. COVENANTS
a. Protective Covenants, Section 3.12, Recreational Vehicles (RV), shall be amended topennit
RV's to be used for occupancy by the owners of a Jot or their guests for up to 14 days;
b. Section 3 .18, Variances, shall be amended regarding the ability of the ACC or the Board of
the Association allowing for variance from the provision of the covenants. The ACC or the
Board may only grant variances that do not affect the compliance of the subdivision with the
Unified Land Use Resolution of2008, as amended;
c. The covenants shall include requirements related to the on-site retention required for each Jot
including the specifications for the retention;
d. The covenant shall include requirements for fire sprinklers in the single family homes within
the subdivision covenants including, but not limited to, water pressure/booster pump
requirements. '
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09/21/2012 01:44:42 PM Je•n Alberico
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9. IMPACTFEES
a. The Applicant shall submit an appraisal with the Final Plat application so that calculation of
the amolUlt of the fee-in-lieu payment of school land dedication for the subdivision can be
calculated. Payment of the fee-in lieu will be required prior to approval and recording of the
final plat for the subdivision;
b. Prior to approval and recordation ofthe final plat The Applicant shall be required to comply
with Resolution 2008-05, the required residential impact fee for the Carbondale and Rural
Fire Protection District. A letter from the District regarding satisfaction of payment must be
submitted to Building & Planning prior to plat approval.
10. As a final plat submittal requirement the Applicant shall provide information regarding
completion of the formation of an incorporated homeowner's association.
11. The Applicant shall delineate and legally describe all easements on the final plat and convey all
easements to the responsible entity. Ibis dedication shall be in a form acceptable to the ColUlty
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.
12. Final plat submittal requirements shall include a Storm Water Management Plan that focuses on
erosion control that prevents the detachment of soil rather than sediment control, which focuses
on removal of soils particles from runoff.
,A.D.20~.
UNTY BOARD OF
GARFIELD COUNTY,
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08/21/2012 01:44:42 PM Jean Alberico
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STATEOFCOLORADO )
)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 WTINESS 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
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