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HomeMy WebLinkAbout5.0 Resolution 96-17L 491646 B-974 P-353 04/17/96 11:30A PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 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 15 day of April A.D. 19 96 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-17 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION APPLICATION FOR ELAINE BERTHOLF. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Elaine Bertholf for allowing an exemption from the definition of subdivision on the following described tract of land: Located on a tract of land in a portion of Section 1, T7S, R89W of the 6th P.M. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 21st day of February, 1996, upon the question of whether the above-described exemption from subdivision should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said exemption; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing 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 hearing. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the exemption from the definition of subdivision be and hereby is authorized based upon the following specific conditions: 491646 B-974 P-354 04/17/96 11:30A PG 2 OF 4 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of all exemption parcels. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "This exemption was approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply." "The shared well system approved for this exemption requires either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tank, the sizing shall be a minimum of 1000 gallons per lot created and served by the central water system. This shall be done at time of building permit application at the expense of the building permit applicant." "Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit." 6. The control of noxious weeds shall be the responsibility of the landowner. 7 The applicant shall receive any necessary driveway permits, for each lot created, from the County Road and Bridge Department, prior to signing of an exemption plat. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) A well be drilled and a 4 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the 491646 B-974 P-355 04/17/96 11:30A PG 3 OF 4 Planning Department; 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, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (required at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement 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 shared well systems); i) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. 9. That a letter be submitted from the appropriate fire protection district indicating emergency services will continue to be provided to the parcels to be created. 10. That the State Engineer's Office approves the well permit application for the expanded use of the existing well, prior to the authorization of an exemption plat. 11. That all lots created by this proposal be consistent with Section 5.04.02 (2) of the Garfield County Zoning Resolution of 1978, as amended. Dated this /5 day of hp R � ATTEST: X2/ Cler of the Board 'II , A.D. 19c. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman pled rr, Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney , Aye , Aye , Aye 491646 B-974 P-356 04/17/96 11:30A PG 4 OF 4 STATE OF COLORADO )ss County of Garfield 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners