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Home My WebLink About5.0 Resolution 2011-19.pdf1I!1 MIN # 11154PENAM j . AIlif'ini("1 ti iii Recept,ion#: Be0991 04105)2011 @9:37:io RM Jean RiUorico 1 of 5 Rec Fee:$0.110 Doc Fe- 0.00 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 2151 day of March A.D. 2011, there were present: John Martin , Commissioner Chairman Mike Samson _ _, Commissioner Tom Jankovsky , Commissioner Carey Gagnon , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011-19 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE SUNSET RANCH SUBDIVISION LOCATED ON COUNTY ROAD 162A IN THE E' /z OF THE NE 1/4 NW % OF SECTION 29, TOWNSHIP 7 SOUTH RANGE 87 WEST OF THE 61.11 P.M., GARFIELD COUNTY, COLORADO PARCEL .NO4 2391 - 292 -00 -1 61 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request from Kevin and Paula Busk for approval of a Subdivision Preliminary Plan and Final Plat application (combined) to allow for the subdivision of a ±20 -acre parcel into two parcels. B. The *20 -acre parcel is located in Section 29, Township 7 South, Range 87 West of the 6th P.M. and more fully described in a Warranty Deed recorded at Reception Number 696968 in the office of the Garfield County Clerk and Recorder. 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 and Subdivision Final Plat pursuant to Article V, Section 5 -303 and 5- 305 of the Unified Land use Resolutions of 2008, as amended. E. The Planning Commission opened a public hearing on March 9, 2011 at which time the Commission, in a 4 -1 vote, recommended approval with conditions to the Board of County Commissioners. 1111 In NhiiiaPh1/41:WPIN 4 tere'I ili Kik 11I11 ReceplionIS: 860991 04/0512011 09;37 10 AM Jean L116ericn 2 o' $ Rec Fee :S .00 Doc Fee-0.00 GARFIE_D CGUNTY CQ P. The Board of County Commissioners opened a public hearing on the 2.151 day of March, 2011 upon the question of whether the above - described Subdivision Preliminary Plan and Subdivision Final Plat 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 21st day of March, 2011 to make a final decision. 11. 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 Planning Commission. 2. That the hearing before the Planning Commission 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 to create two {2) lots on a 20 -acre parcel may be in the best interest of the health, safety, morals, Convenience, order, prosperity arid welfare of the citizens of Garfield County upon compliance with conditions of approval recommended by the Planning Commission. 4. That, upon compliance with recommended conditions, the application has adequately met the requirements of the Garfield County Comprehensive plan of 2000, as amended. 5. ]'hat, upoxi compliance with recommended conditions, the application 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. A Subdivision Preliminary Plan and Subdivision Final Plat to allow for two (2) parcels on the X20 -acre parcel located at 490 CR 162, northeast of the Town of Carbondale, Garfield County is hereby approved subject to compliance with the following conditions: 1. That all represeiitations made by the Applicant in the application, and at the public hearing before shall he conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Preliminary Plan approval shall he valid for a period of one (1) year. VIII 4. 1441.117WAIN11,411,mi 11111 Reception #: 800991 04lE5l oy 09:37,10 pm Jean RlbericO 3 of 5 Rec Fee,s0.00 Boo Fee:O OO GARFIE'W COUNTY GO 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: 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 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. t'. 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 ColoradoState University Extension Office in Garfield County; 111 1ClinatEUX ®1111 Recepticntl: 803991 08105f2 01i 09:37:10 AM Jean Alberico 4 of 5 Rac Fee.$0.00 Doc. Fee:0.00 GARFIELD COUN1Y GO 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; b. Amendment to the Final Plat shall he as follows: i. Remove the Exemption Certificate and replace it with a Board of County Commissioner Certificate as required on all final plats; ii. Add a Lienholder Consent and Subordination Certificate, is required if applicable (for mortgage company); Hi. Add a Treasurer Certificate of Taxes Paid; 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 ibnn 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, water system and distribution easements, and extension of the driveway easement; 5. The Applicant shall provide an inventory of noxious weeds to County Vegetation Management. by June 1, 2011. 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 provided to Building and Planning no later than July 15, 2011; 6. The Applicant shall submit the results of water quality analysis as required by §7 -104 of the ULUR prior to scheduling, the Final Plat for Board of County commissioner signature. The report shall provide data sufficient to demonstrate provision of adequate water quality to serve the lots in the subdivision. 7. The Applicant shall submit an appraisal of the unimproved property prior to scheduling the Final Plat for Board of County commissioner signature. The fee in -lie.0 of school land dedication will be calculated based upon that appraisal with payment due and payable prior to Board signature_ 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. This fee shall be paid to the FPD and correspondence regarding sufficient payment provided to Building and Planning prior to Board signature. 9. The Applicant shall he required to satisfy Traffic lrnpact Fees which will he calculated and due prior to Board signature of the Final Plat. 4 1111 " IINVA11111h 1#110021410,114!.1411 Pi 11111 Reception #: 800991 04/05/2011 09:37,10 AM .:ean R16erico 5 of 5 Rec Fee;$0.0O Ot c Fee:O.M GARFIELD COUNTY CO 10. The well sharing and driveway sharing agrecment(s) shall be submitted prior to scheduling of the plat with the Board and the documents shall be reviewed and deemed sufficient to the County Attorney's office prior. to Board signature on the plat. The shared driveway documentation shall contain provision for the ongoing maintenance of the culvert at the driveway intersection with CR 162A. Dated this 7 day of "7" -)-- ATTEST: 1i-n_. 'Vl , A.D. 20 /1 . GARFIELD COUNTY BOARD OF COMMIS MO S, GARFIELD COUNTY, LOR.A k of the Board Upon motion duly made and seconded the foregoi fallowing vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSK_Y esolu ions was a. pted by the STATE OF COLORADO ) )ss County of Ciarf i cl d • ) , Nay • ,Aye Aye 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 W1-IERE OF, I have hereunto set my hand and affixed the sea] of said County, at Glenwood Springs, this _ day of - -- __ - -, A.D. 20 - County Clerk and ex-officio Clerk of the Board of County Commissioners 5