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HomeMy WebLinkAbout5.0 Resolution 2010-43.pdfNM WA FINNAN lilt 14L1111We Mail I111 Reception #: 787435 06!1872010 09:23:39 AM Jean Alberico 1 of 8 Reo Fee:$0.00 Doc Fee:0.08 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 7th day of June A.D. 2010, there were present: John Martin Tresi Houpt Mike Samson Don Deford Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010 -43 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE MARQUIS SUBDIVISION LOCATED ON COUNTY ROAD .112. NORTHEAST OF CARBONDALE, COLORADO, GARFIELD COUNTY PARCEL NO# 2409- 273 -00 -002 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 50.7 -acre parcel into two parcels. B. The 50.7 -acre parcel is located in Section 23, Township 7 South, Range 88 West of the 6i' P.M. and more fully described in a Bargain and Sale Deed recorded at Reception Number 727888 and attached as Exhibit A. C. The subject property 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 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 April 14, 2010 at which time the 03111 iii IF DI ri IIjr x IOTT r»innx ivrern ic rata in Rai 111 Recept ion#f : 787435 06!1812010 08:23:39 AM Jean flberico 2 of 8 Rev Fee;$0.80 Doe Fee.0.08 GARFIELD COUNTY CO 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 7th day of June, 2010 upon the question of whether the above - described 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 7th day of June, 2010 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. Proper posting and public notice were provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3_ For the above stated and other reasons, the proposed Subdivision Preliminary Plan has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if the Applicant complies with the adopted conditions of approval. 4. That, upon compliance with adopted conditions of approval, the application has met the requirements of Article V, Section 5 -303 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 to allow for two (2) parcels on the 50.7 -acre parcel located at 955 CR 112, northeast of the Town of Carbondale, Garfield County is hereby approved subject to compliance with the Preliminary Plan, attached Exhibit B, and the following conditions: 2 A= 111P do 1011111W1 `ialrikifiv tr r ilirisrmirld i,rn" e I Reception #: 757435 06118/20/0 09:23:39 RM Jean Rlberico 3 of B Rec Fee:$O.00 Doc Fee:0.00 GARFIELD COUNTY CO That all representations made"by the Applicant in the application, and at the public hearing before the Planning Commission and 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 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 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 3 fiulTir ear �rir iIlYrilk �ntrrr raw i 1TORSIlII$1! m MD 11.1 Reception #: 787435 06/16/2010 09:23:39 AM .lean 4lberico 4 of 8 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 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. Engineer- designed septic systems are required within this subdivision; ix. Engineer- designed foundations are required within this subdivision; b. The Final Plat shall contain the following certificates as contained within the Plat Certificate Appendix of the ULUR: i. Certificate of Dedication and Ownership; ii. Lienholder Consent and Subordination Certificate, if applicable; iii. Board of County Commissioners Certificate; iv. Title or Attorney Certificate; v. Treasurer Certificate 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, 4 11111 14116MILT ll;lr'lillb'ililia thil ®I ill Reception #: 787435 06118/2010 09:23:39 AM Jean Alberioo 5 of B Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO storznwater drainage easements, open space and any internal roads required as a part of this development; 5. The Applicant shall treat inventoried State and County listed noxious weeds including, but not limited to, Absinth wormwood, Canada thistle, Oxeye daisy, Common tansy, and Plumeless thistle prior to July 31, 2010 or the approval and recordation of the final plat, whichever comes first. Records of treatment shall be submitted to Garfield County Vegetation Management for review and approval; 6. 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 lots in the subdivision. 7. The Applicant shall submit an appraisal with the Final Plat application so that calculation of the amount 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. 8. Prior to approval and recordation of the 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. 9. The Applicant shall be required to satisfy Traffic Impact Fees which will be calculated and due prior to approval and recordation of the Final Plat. Dated this i Y - day of "4-114,Y-4.- ATTEST: , A.D. 20 t O . GARFIELD COUNTY BOARD OF COMMIS I RS, GARFIELD COUNTY, COLO Upon motion duly made and seconded the fore g R ,: olution adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER TRESI HOUPT COMMISSIONER MIKE SAMSON , Aye , Aye , Aye 5 lialfilit0.141.1iTINf 'IRiftROI NI1�1 Reception #: 787435 06/18/2010 09:23:39 AM Jean Alberico 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 1, , 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 6 141,1foirfCrATINKILtililitli 1E111 Reception #' 787435 r ! 0611812010 08:23:39 AM Jean 8lberico ®n� 1l ��Vl(�ii��r`�lF0 7 of 8 Roo Fee:$0.00 Doc Fee:0.00 GRRFIEL© COUNTY CO RecCptIonli: 727888 i 1ifi1 • 87113/2007 02:56:17 PM 8: 1949 8• _ 1 of 1 Roc Fee-50.00 Doc Foe:64.23 088FIELD COUNTY CO BARGAIN AND SALE DEED THIS ED, made this b day of c.. - c —2007, between AUSTIN MARQUIS of the County of pc/ and Stet of Colorado, Grantor, and CE- MAR -SAM CO. LLLP, a Colorado limited liability limited partnership, whose legal address is 567 Fairfield Lane, Louisville, Colorado 80027, of the County of Boulder and State of Colorado, Grantee; WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has sold and conveyed, and by these presents does sell and convey unto Grantee and its successors and assigns, forever, all the right, title, interest, claim and demand which Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: Lot 1, MARQUISfWALLBANK BOUNDARY ADJUSTMENT PLAT, Recorded June 29, 1987 as Reception No. 383220, also known by street and number as: 956 County Road 112, Carbondale, Colorado TO HAVE AND TO HOW the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit and behoof of Grantee and its successors and assigns forever. IN WITNESS WHEREOF. Grantor has executed this Bargain and Sale Deed on the date set forth above. STATE OF COLORADO } ) ss. COUNTY OF eiciffiet0 } The foregoing instrument was acknowledged before me this ,5 . day of Sine. 2007, by Austin Marquis. Witness my hand and official seal. My commission expires: 1 (2] Aa 10 Austin Marquis 'r �p 8, ""ARciA Y • cm=umairos ' ..fi ... ;: ,. '� . uMr` aslcummopouisu ewasoLox c% ec srslm. i t5f° 0-1,23 " - — if C go; 0 ,•sa I. fl 0 rfl 0 0 77! 0 z 2) 0 .c