HomeMy WebLinkAbout5.0 Resolution 2008-221111 IR 11 11 1
Reception#: 742401
02/05/2008 01:20:27 PM Jean Alberico
1 of 7 Rec Fee:$0.00 Doc Fee: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 Plaza Building, in Glenwood Springs
on, Monday, the 2nd day of February A.D. 2004, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, 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. 2008-22
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM
THE DEFINITION OF SUBDIVISION FOR THE DEANE EXEMPTION LOCATED IN
THE 1/2 OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.
EAST OF CARBONDALE, CO
WHEREAS, Doane H. Deane petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided
land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of
Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of
a 77.8 acre tract into four (4) tracts with the exemption parcels more practically described as follows:
Lot 1 (44.023 acres)
Lot 2 (10.415 acres)
Lot 3 (10.432 acres)
Lot 4 (11.221 acres)
WHEREAS, the property is located within the Agricultural/ Residential / Rural Density
(A/R/RD) zone district and is also located in Study Area 1 of the Comprehensive Plan of 2000 in an
area designated as "residential low density"; and
WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that
"No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any
parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office
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02/05/2008 01:20:27 PM Jean Alberico
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on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County road or railroad)
preventing joint use of the proposed tracts, and the division occurs along the public right-of-way,
such parcels thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation
otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater
in size, created after January 1, 1973, will count as parcels of land created by exemption since
January 1, 1973."
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that
the location of septic tanks will be permitted by the Colorado Department of Health, that the
requested division is not part of an existing or larger development and does not fall within the
general purposes and intent of the Subdivision Regulations of the State of Colorado and the County
of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis
of substantial competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. Proper public notice was provided as required for the hearing before the Board of County
Commissioners;
2. The hearing before the Board of County Commissioners was extensive and complete, all
pertinent facts, matters and issues were submitted, and all interested parties were heard at
that meeting;
3. The above stated and other reasons, the proposed Exemption from the Definition of
Subdivision is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County; and
4. The application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
NOW THEREFORE, BE IT RESOLVED, by a vote of 3 to 0, that the division of the
above described 77.8 acre tract is hereby exempted from such definitions with the conditions set
forth below and may be conveyed in the form of the "Lots 1 - 4 of the Deane Subdivision
Exemption", as are more fully described above and that a copy of the instrument or instruments of
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02/05/2008 01:20:27 PM Jean Alberico
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conveyance when recorded shall be filed with this Resolution and that the following conditions of
this approval required by the Board of County Commissioners have been completed.
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. That the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of conditional approval of the exemption. Failure to submit required information
to the county by this date without a request for an extension shall automatically dissolve any
approval granted by the Board of County Commissioners.
3. The Applicant shall pay the impact fees to the Carbondale and Rural Fire Protection District at
$417 per lot at the time of final plat. Proof of this payment shall be submitted to the Building
and Planning Department prior to the Board's signature of the Final Plat
4. When substantial construction is complete, the Applicant or future owner of the property shall
submit a floodplain elevation certificate to Garfield County Building and Planning Department
to verify construction of the first finished floor is at least 1 -foot above the 100 -year floodplain
prior to final inspection approval and the issuance of a Certificate of Occupancy.
5. The Applicant shall accurately delineate the two wetlands that fall primarily on Lots 2 and 3 on
the Final Plat. Additionally, the Applicant shall provide a copy of the application materials /
letter to be submitted to the Army Corps of Engineers regarding the expansion of the proposed
access road that may affect the linear wetland associated with the ditch on Lot 3.
6. While the Applicant has mapped and inventoried the property with the focus on wetland
delineation, the Applicant shall provide a report that addresses 1) noxious weeds on the
property and 2) a weed management plan for any inventoried noxious weeds, and 3) future
weed management for the common elements within the subdivision which might include, but
are not limited to, roads, utility easements, and common open space. This information shall be
provided to the County Vegetation Management Director for approval then submitted to the
Planning Department prior to final plat.
7. Regarding weed management after the sale of lots, the Applicant shall incorporate language in
the "Declaration of Private Roadway Easement and Maintenance Obligations" that addresses
the legal responsibilities of property owners to manage noxious weeds according to the
Colorado Noxious Weed Act and the Garfield County Weed Management Plan. This language
shall be provided to the County Vegetation Management Director for approval then submitted
to the Planning Department prior to final plat.
8. The Applicant shall be required to conduct a well pump test for the existing well serving Lot
1 and the well to serve Lots 2 - 4 that demonstrates all of the following points as applicable:
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a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
9. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., 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.
c) All exterior lighting will be the minimum amount necessary and all exterior lighting will
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.
d) Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
e) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, 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. 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 amendments, herbicides,
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and pesticides, any one or more of which may naturally occur as a part of a legal and non -
negligent agricultural operations.
f) 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 and 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.
One (1) dog will be allowed for each residential unit within a subdivision and the dog
shall be required to be confined within the owner's property boundaries.
h) That all manufactured homes or those to be substantially improved to be placed within
Zone A on a community's FEMA or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame
ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces. A manufactured home should be
elevated a minimum of one (1) foot above the base flood level and anchored to the
elevated foundation.
g)
i) Proper erosion and sediment control measures shall be taken during any site construction
disturbance which shall include enclosing the construction envelopes with silt fencing
and hay bale check dams.
j) The following uses and activities are prohibited in the Flood Fringe/Flood Prone Areas:
a. The development, use, fill, construction, substantial improvement or alteration on
or above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of
substantial solid debris being carried downstream by floodwaters;
b. The storage or processing of materials that in times of flooding are buoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant
life;
c. The disposal of garbage or other solid waste materials; and
d. Any obstruction, which would adversely affect the efficiency of or restrict the
flow capacity of a designated floodplain so as to cause foreseeable damage to
others.
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k) The access road serving Lots 1- 4 shall have a minimum unobstructed width of 20 feet, a
vertical clearance of 13' 6"shall be required, and the road shall be of a design capable of
supporting the imposed load of the emergency apparatus and shall be of an all-weather
design.
1) Defensible space should be created around all structures built on Lots 1 - 4 to prevent the
spread of wildfire to the structures.
m) All Individual Sewage Disposal Systems proposed for Lots 2 — 4 shall be located in the
respective ISDS enveloped as delineated on this final plat and shall be engineered by a
Professional Registered Engineer within the State of Colorado in accordance to the
Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State
Board of Health.
n) Due to the construction of buildings within the flood plain an alternative ISDS design
such as a moundable sand filter system will be required to elevate the Leeching area above
the ground water elevation, flood water elevation, and be prepared in accordance to the
Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State
Board of Health. Dosing pumps shall be integrated into each design to ensure that
wastewater can be pumped up to the proposed absorption area.
o) No development may occur in nor affect the delineated wetlands as shown on the final
plat unless otherwis _a•proved by the Army Corps of Engineers.
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, C ORADO
VYl
erk of the Board
Chairm
Upon motion duly made and seconded the foregoin
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
was, adopted ,by the
, Aye
, Aye
, Aye
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Reception#: 742401
02/05/2008 01:20:27 PM Jean Rlberico
7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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