HomeMy WebLinkAbout4.0 Resolution 97-51et
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STATE OF COLORADO
County of Garfield
Ata reslllar 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 2nd of June A.D. 19 97 , there were present:
l\zferien T Smith Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
County Administrator
Tnhn \rfartin
I)on DeFord
Chrrr.lr T)eanhenec
when the following proceedings, among others were had and done, to-wit
RESOLUTION NO. 97 -51
A RESOLUTION CONCERNED WITH GRANTING AN E)GMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR JEFF CRAW.
WHEREAS, JeffCraw 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,
30-28-1Ol (tO) (a)-(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted
Lprfl,23,1984, Section 8:00 through 8:60, as amended, for the division of a 160 acre tract, as described in
Book 851, Page 859, filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into three
parcels of approximately 4.974, 4.979,10.000 acres each, and a remainder tract, which proposed divided
parcels are more practically described as follows:
Lot I
Lot2
Lot 3
See Attached
See Attached
See Attached
(in the State of Colorado and the County of Garfield); and
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WHEREAS, the Petitioner has demonstrated, to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes
ofPart 1, Article 28, Title 30, Colorado Revised Statutes L973, as amended, for the reason that the division
does not warrant further subdivision review; and
WHEREAS, the Petitioner has 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 Healttq 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-i01 (tO) (a)-(d), as amended;
NOW TI{EREFORE, BE IT RESOLVED that the dMsion of the above described Lots " 1," "2," and
"3" from the above described 160 acre tract is hereby exempted from such definitions and said tract may be
dMded into said Lots "I," "2," and "3" and may be conveyed in the form of such Lots "1," "2," and "3" all
as is more fully described above and that a copy of the instrument or instruments of conveyance, when
recorded, shall be filed with this Resolution.
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Dated this 5th day of June ,
ATTEST:GARFIELD COUNTY BOARD OF
COMMIS SIONERS, GARFIELD COLINTY,
COLORADO
A.D T9 97
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Clerk of the Board Chairman
Uponmotion duly made and seconded the foregoing Resolution was adopted by the following vote
COMMISSIONER CHAIRMAN MARIAN I. SMITH
COMMISSTONER .TOT{N E. M RTIN
Aye
Aye
AyeAAMMTCQTr\116I' T ADDv T C NNhII\I
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STATE OF COLORADO
County of Garfield
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Commissioners, in and for the County and State
Resolution is truly copied from the Records of
said Garfield County, now in my office.
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County Clerk and ex-officio Clerk of the Board of County
aforesaid, do hereby certify that the annexed and foregoing
the Proceeding of the Board of County Commissioners for
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this _ day of _, A.D. l9_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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- A rRAcr oF LAND slruATED lN THE NE1/+IE1/4 oF sECTtoN t, TowNsntp 6 sourH, RAr,lG[9J YJEsr oF THE slxrH P.M., couNTy or cAnrrElb, srATE oF coLoRADo. sArD 'rRAcr LyrNGNoRIH oF THE ExlsTlNG NoRTHERLY RrcHT oF wAy FENCE oF couNTy n6,o,o gzro, inro tnocr orLAND BEING MORE PART'ICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POTIIT IN SAID NORTHERLY RIGHT OF WAY FENCE FROII'Jr}IICI.I 'I}IE tlAS'I .r7"}
coRI'lER oF sAlD sEcT'toN 1 BEARS N.i8z.f'Js-E. r:oo.+z ieEr, sato e,rsr r7+-ur.ti.tc eSroNE MONUMENT FOUND lN PLACE: THEN N.oorlo'oo-E- S+i.Oo FEEI ntEN s.tse:J'J2'w.397'77 FEET; THEN s.oollo'oo'w. 547.44 FEET To sArD NoRTHERLy RtcHT oF tvAy I-ENCE:THEN ALONG sAlD NoRTHERLy RrcHT oF wAy FENcE N.uc'oo'so"i. sgi.ai To iHi porNr cr;EEGINNING.
SAID ]RACT OF LAND CONTAINS 215,676 SO. FT. OR 4.974 ACRES AS DESCTiIBED.
TOGEIHER wlTH AND sUBJEcf To THE EASEMENTS As sHotvNt oN THE c,(AriJ sutrotvtstcNEXEIIPTION PLAT.
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PROPERTY DESCRIP]]ON
A TRAcr oF LAND sruAIED lN THE NE1/4*E1/4 oF sEcTtoN 1, TovirlsH,p ij so{JTl-t, RAi.tcteJ wEsr 0F THE slxrH P.M., couNTY or cAnne6, srAIE oF coLoRADo. sAro mAcr LytJcNORTH AND WEST oF THE ExrsrNG NoRTHERLy l,No wesrenly RIGHT oF wAy FENcEs oF couNTyROAD_ #210, sAtD TRAcT oF LAND BETNG MoRE penlcuunui oescnrgEo n$ rotlorrs,BEGINNING AT A POINT lN SAID NORIHERLY RIGHT OF V/Ay FENCE rnOU VArCH rHe ensr 17+coRNER oF sAlD sEcrloN r BEARS N.1Ez4'Js-e. rjoo.+z rrcr, slo eesi r/i-ijsrNc esmNE MoNUMENT FoUND lN PLACE; IHEN N.oo!o,oo.e1+z.o.o rErn THEN N.EgsJ,f,z-E.598.80 FEEI TO SA|D rrr/EslEnly ntCHf OF WAy FENCE: THEN ALONG SAID RIGHT OF WAy FENCES.004s'55"E. 519.1s FEET; THEN coNIINUtNG nuOr.rc--CerO'rEr.rCe s.2639'25.W. .lA.JE
FEET To sAlD NORTHERLY RlcHr oF wAY FENCE; nElr lr-olrt sato NoRnrERLy RTGHT oF v/Ay FENcES.EE57'54-U J9S-15 TO THE pOtNT OF AECthtHtNo-SAID TRACT OF LAND CONTAINS 216,874 SQ. FT. OR 4.979 ACRES AS OESCRIBED.
TOGE]HER !YI]H AND SUBJECT TO fiE EASEMENTS A5 SHOWN ON THE CRAIV SUSDIVISIONEXEMPNON PLAI
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PROPERTY DESCRIPIION
LOT 3 - CRAW SUBDIVISION EXEI"{PIION
A TRAcr oF I-AND $ruAIED tN THE NE1/+sEt/4 oF sEcloN 1. TotsrsHrp 6 sourH, RANcE95 wEsT oF THE slxrH P,M., couNTY or caRnetb. sTATE oF coLoRADo, sAlD TRACT GF LANDBEING MORE PART]CULARLY OESCRIBEO IS TOUOWS:
BEGINNING AT IHE-q4sr_1/4 coRNER oF sAtD sEc'noN r. sAtD EAST 1/4 BETNG A srei.ifMONUT,IENT FOUND IN PLACE; 'THEN S.AS'+J'IZ:W.-SEA.JS iEEr-EIOruC IHE EAST_IIESTCENTERUNE OT SAID SECTION 1: THEN DEPARTING SAIO CENIERUNE s.oo23.d1-E. v52.27FEEI THEI.J N.S95J'32'E. 5.T8.+7 FETT TO THE I'IE5IERLY RIGHT Gr I'/AY Or COUN'ry ROAD i.IO.?l0i F-gN ALoNG sAlD u'€STERLY Rtcr"tr oF L{Ay r.r.oo:s'ss-w. tJz.6B FEET: rHEir CoNIHUINGALONG SAID RIGHT OF WAY 55.55 FEET ALONC IHE ARC OF CUR\TE TO THE RIGHT HAVINC A RADIUS0F 125'8'l FEET, A CINTRAL ANGLE OF 251E'S?- lruO n CUORO lvl.ilcH BEARS N.433S.52"E.55.1J FEET TO THE EAST UNE OF SAID ;UI7+iEIl+;-rHEIr'ILOruC SAID EASI UNEN.0021'+1'w. Sa1.17 FEET fo THE potNT Lr. geOi,tNtNc.
s^lD rrrAcr or LAND coi',trArlJ)^ 455.6co so. FT. oR ro.o00 AcREs AS DESCRTBID.
rocii'liiER YilT}i AND suaJgc'r ro TltE EASEMENTS AS sHo$Ji! oN tHE cRAlv suootvlstoNEXELtPTIOi',I PLAT.
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Building and Planning
l8 March, 1997
Mr. JeffCraw
25 15 County Road 210
fufle, CO 81650
RE: Subdivision Exemption Conditional Approval
Dear Jeff.
On Monday, March 17, 1997 , the Board of County Commissioners granted conditional approval to
yourpetitionforan exemption from the definition of subdivision. The conditions that must be met.
prior to final approval, are as lollow
That all representations of the applicant. either within the application or stated at the meetins
before the Board of County Commissioners, shall be considered conditions of approval
A Final Exemption Plat shall be submitted, indicating the legal description of the propeftv.
dimension and area of the proposed lots, access to a public right-of-way, and any proposed
easements for the shared water supply, setbacks, drainage, irrigation ditches, access and
utilities.
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(i) year from the original date of approval.
That the applicant shall submit 5200 00 in School Site Acquisition Fees (5600 0O total). tbr
the creation of the exemption parcels, prior to-authorization of an exemption plat
That the following plat notes shall be included on the exemption plat:
"The minimum defensible space distance around structllres shall be i0 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 Safetv
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required def'ensible space within building
envelopes in areas exceeding five (_5) percent grade.,,
"Soil conditions on the site may require engineered septic systems and building foundations.
Site specific percolation tests at the time of building permit submittal shall determine specific
ISDS needs on the site "
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109 Sth Street, Suite 303 945-82t2t28s-7912 Glenwood Springs, Colorado 81601
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"The individual lot owners shallbe responsible for the control of noxious weeds."
"There shallbe no further exemptions from the definition of subdivision on any of the parcels
created by this exemption."
"One (1) dog will be allowed for each residential unit within an exemption and the dog shall
be required to be confrned within the owner's property boundaries, with enforcement
provisions allowing for the removal of a dog from the area as a final remedy in worst cases. "
"No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One ( I )
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 a:r unrestricted number of natural gas burning stoves and appliances."
"Nl exlerior lighting shail be the minimum amount necessary and that all exterior lighting be
directed inward, towards the interior of the subdivision, except that provisions may be made
to allow for safety lighting that goes beyond the property boundaries."
That the recording fees for the exemption plat and all associated documents be paid to the
County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of County
Commissioners and a copy of the receipt be provided to the Planning Department.
That the exemption plat submittal include a copy of a computer disk of the plat data,
formatted lor use on the County Assessor's CAD system.
Thatall proposed lots shall complv with the Garfield County ZoningResolution of 1978, as
amended. and any building shall comply with the I994 Uniform Building Code. as adopted.
Prior to final approval. the well shall be drilled and pump-tested for four (4) hours, an opinion
of the person conducting the pump test statinq the flow will be sufficient for the intended
use(s) and a weil-sharing declaration shall be created. Additionally, the water shall be tested.
by an independent laboratory, for nitrate/nitrite and fecal coliform bacteria content. All
information shall be submitted to the Plannine Department for review
If you have any questions concerning these conditions or the exemption process, please do not
hesitate to contact this office.
Sincerely,
e4tc-
Eric D. McCafferty
Garfield County Planner
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