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Home My WebLink About5.00 Resolution 2022-33mill Reception#• 979957 10/04/2022 09:08:46 AM Jean Alherico I of 5 Rea Fee:$0.00 Doo Fee:0.03 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 Administration Building, in Glenwood Springs on Monday, the 6' day of September, 2022, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Kevin Batchelder , County Manager Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. Z422 ` 33 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE HALF MOON PRELIMINARY PLAN, ON A 9.13 ACRE PARCEL OWNED BY RISING TIDES LLC LOCATED IN SECTION 19, TOWNSHIP 7, RANGE 95 WITHIN THE BATTLEMENT MESA PUD ON A PARCEL FORMERLY KNOWN AS MONUMENT CREEK VILLAGE SEC 2 RESTRICTED RESERVE C. (FILE NO. SPPA-11-21-8870) PARCEL NO. 2407-184-18-028 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. The Board received an application for Preliminary Plan Approval within the Battlement Mesa PUD Residential High zoning district to subdivide Monument Creek Village Sec 2 Restricted Reserve C described further described in a plat at Reception # 319920, a 9.13 acre parcel, into 48 single family lots and 3 open space parcels. C. The subject property is located within unincorporated Garfield County east of Town of Parachute off of County Road 300 (Stone Quarry Road). D. The Preliminary Plan Application was considered in accordance with the Garfield County Land Use and Development Code of 2013, as amended, including but not limited to Section 5-302(C) Preliminary Plan Review. E. The Board is authorized to approve, deny, or approve with conditions a Preliminary Plan Application, pursuant to Garfield County Land Use and Development Code of 2013, as amended. 5 ■ilII�«�L'1�Ir�fJl��f�fR�'�hi��t�'i��iL"iF'�i�lik �I III Reception#: 979967 14/04I2022 09:08:46 AM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fen ;0.00 GARFIELD COUNTY CO F. The Planning Commission opened and closed a public hearing on the 27,' day of April, 2022 for consideration of whether the proposed Preliminary Plan should be recommended for approval, approval with conditions, or denial, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. At this hearing, the Planning Commission voted to recommend that the Board of County Commissioners approve the Preliminary Plan with Conditions. G. On the 6th day of September, 2022, the Board of County Commissioners opened a public hearing upon the question of whether the Proposed Preliminary Plan for Half Moon Subdivision should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the Preliminary Plan. H. The Board of County Commissioners closed the public hearing on the 6t' day of September, 2022 to make final decision. The Board of County Commissioners acted on the basis of substantial competent evidence produced at the aforementioned meeting, 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 public hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3) That for the above stated and other reasons the request for a Preliminary Plan approval is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4) That subject to compliance with conditions of approval, the application is in general conformance with the Garfield County Comprehensive Plan 2030. 5) That subject to compliance with conditions of approval the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended and the Battlement Mesa PUD, 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 this Resolution. B. The approved Preliminary Plan is attached as Exhibit A. C. A Preliminary Plan for "Half Moon Subdivision" until September 6, 2023 is hereby approved subject to compliance with the following conditions. I. All representations of the Applicant, either in testimony or through submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. The development of subject parcels shall comply with all applicable Local, State, and Federal rules and regulations and all necessary permits' shall be obtained. 2 mill F«1N7I' AW, III INSIO LMMIN hVI tA 11111 Reception#: 979967 10/04/2022 09:08:46 AM Jean Alberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 3. At the time of final plat, the Iot numbering shall be corrected prior to Final Plat. 4. At the time of final plat, complete easement information and/or agreements allowing proposed grading, stabilization, and stormwater discharge on the Arroyo Parcel shall be provided and recorded as appropriate. 5. The following plat notes shall be included in the Final Plat. A. A plat note regarding the use of Wildlife Safe Fencing in accordance with CPW's comments dated February 20, 2022 shall be included. B. A plat note fulfilling 7-401.0 Fireplaces shall be included on the final plat. C. 'A plat note explaining the zero -lot -line easements for drainage, access, and maintenance shall be included. D. A plat note addressing the removal of restrictions placed on the parcel from Monument Creek Village, Section 2 at Reception #449641 shall be included. 6. Prior to Final Plat, additional documentation regarding projections outside building envelopes, setbacks, and property lines will be provided to Garfield County Community Development. This should address legal and building code topics acceptable to Garfield County Building department. A plat note regarding this may be required. 7. CDPHE stormwater management permits or related information shall be provided with the Application for a Final Plat. S. Utility contacts on sheet C002 shall be checked and updated with the Final Plat submittal. 9. Comments from Staff and/or the County's Consulting Engineer (dated August 3, 2022) related to updated stormwater, grading and drainage, landscape plan, and utility plans shall be addressed in the Final Plan application. 10. A complete Subdivision Improvement Agreement with cost estimates and security will be provided at the time of Final Plan and PIat. 11. At Final PIat, the applicant shall provide street names acceptable to Garfield County Addressing (Building Department) as well as the Fire District. Dated this - day of ®ct. , A.D. 2022 ATTEST: GARFIELD C 12 TY BOARD OF COMMISSIONERS, GARFIELD COUNTY, 40K, At Clerk of the Board e UAL ° �w�ORAOO, ■III FAAT IN MR4.M W ITUNA& HIM 11111 Reception#: 979967 10/04/2022 09c08:46 AEA Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye Mike Samson Aye 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. 2022 County Clerk and ex-officio Clerk of the Board of County Commissioners 4 slil Reoe 5187 967 10,04tiont.0 P46 rM Sean ,Alberic 2022 0 ' 53FIELD cOUNTY CO 5 of 5 Rec Fee7$6.00 Doc Fea 0-00 GA R z 00 U ❑ <- LLJ 2 F- V) Zz < LLJ z 0 2 -2 0 a LL am< CO 77 VT P At t4 4" �K V� 7 jlj�i�11�1! Id i L I