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STATE OF COLORADO )
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)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 7th day of April A.D. 2003, there was present:
John Martin . Commissioner Chairman
Larrv McCown , Commissioner
TrFqi Horrnt Commissioner
County'AttorneyDon DeFord
Mildred Alsdorf . Clerk of the Board
Fd Green County Manager
when the following proceedings, :Lmong others were had and done. to-wit:
RESOLUTION No.r,O 0 s- 4 2
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF STJBDIVISION IN THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR A PROPERTY OWNED BY COULTER'S POCKET, LLC AND
LOCATED IN THE S1/2 OF THE SW t/tOE SECTION 9' TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF THE 6rH P.M., GARFIELD COUNTY, COLORADO
PARCEL lD r 2407 -093-00 -17 4
WHEREAS, Coulter's Pocket, LLC 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 Carfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for
the division approximately 70 acres of land into four (4) parcels more practically described as
follows:
Parcel I (17.572 acres)
Parcel 2 (17.393 acres)
Parcel 3 (17.321 acres)
Parcel 4 (17.428 acres)
WHEREAS, the propefiy is located within the AgriculturaU Residential / Rural Density
(A/R/RD) zone district; and
WIIEREAS, 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
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parcel, as that parcel was described in the records of the Garfield County Clerk and Recordels Office
on January 7, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is sptit 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
otherwiseapplicable; Forthepurposesofdefinition,alltractsoflandthirty-five(35)acresorgreat€r
in size, created after January l, t973, will count as parcels of land created by exemption since
January I,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
WIIEREAS, 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-l0l (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 :
Proper public notice was provided as required for the hearing before the Board of County
Commissioners;
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;
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 TnningResolution of 1978,
as amended.
NOW THEREFORE, BE IT RESOLYED that the division of the above described tract is
hereby exempted from such definitions with the conditions set forth below and may be conveyed in
the form of Parcels 1 - 4 of the Coulter's Pocket Subdivision Exemption, as are more fully described
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above and that a copy of the instrument or instruments of 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 satisfied.
All representations made by the Applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval;
The Applicant shall have 120 days to present an Exemption Plat to the Commissioners for
signature from the date of conditional approval of the exemption;
The Applicant shall comply with the 1978 Garfield County Tnning Resolution standards.
The Applicant shall comply with the Colorado Department of Health standards.
The Applicant shall comply with the recommendations of the Grand Valley Fire Protection
District which includes, but is not limited to, the following:
A. A water supply shall be located within 150 feet of a residence and have a 4 Llz" hydrant
connection capable of providing 500 gallons per minute. The water supply capacity shall
be determinedby the square footage of the residence, however, a minimum size of 2,500
gallon tank shall be required per lot per residence under 3,500 square feet.
B. For residences over 3,500 square feet in size a fire sprinkler system shall be installed. For
residences up to 3,500 square feet a fire sprinkler system shall be optional. Fire
sprinklers systems shall be meet the requirements of NFPA 13D.
C. NFPA 299 standards shall be adhered to for access / egress requirements and defensible
space.
D. Access to the subject lots shall be adequate to meet the requirements of the Fire District
and shall meet all turning requirements of the Fire Districts equipment without taking
access onto County Road 308 (Battlement Parkway) directly.
E. An agreement shall be in place, prior to finalization of the Exemption Plat via a plat note
or agreement, between the Fire District and the property owners that the use of water
stored in a fire water cistem, in the event of emergency, is not limited to a specific
residence where the cistern is located and that its use and need shall be at the discretion
of the Fire District. This shall be included in the Protective Covenants.
The Applicant shall comply with the following recommendations of the Garfield County
Road and Bridge Department and the Assistant County Engineer with respect to access:
2.
3.
4.
5.
6.
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A. The on-going drainage and erosion problems related to the access road onto County Road
308 shall be addressed prior to finalization of the Exemption Plat. A Drainage Plan,
prepared by an engineer registered in the State of Colorado, shall be submitted for review
and approval by the Battlement Mesa Development, Garfield County Road and Bridge
Department and the County Engineer.
B. By reason of the dangerous intersection between the access road and Battlement
Parkway, realignment of the intersection is required. A realignment design of this
intersection shall be reviewed and approved by the Garfield County Road and Bridge
Department, County Engineer and the Grand Valley Fire Protection District.
C. The Applicant shall obtain and receive approval of driveway access permit for the access
road onto County Road 308 (Battlement Parkway).
Due to the potential for mineral exploration on the subject Parcels, the Applicant shall
provide disclosure to all potential lot owners via the Protective Covenants, as a note on the
Exemption Plat and at the time of closing. Mineral estates will allow for drilling and mineral
interest shall be controlled by the Oil and Gas Conservation Commission.
The Protective Covenants shall outline the right to use of the Shutt Ditch.
Prior to the finalization of the Exemption Plat, the Appiicant shall:
A. Provide the following information for vegetation management on the subject lots:
i. Noxious Weeds: Map and inventory of any listed Garfield County Noxious Weeds
on the project area. Provide a weed management plan for the inventoried noxious
weeds for review and approval by the Vegetation Management Department. This
plan shall state who will be responsible for weed management on the road in the
project area.
ii. Revegtation: Provide a plant material list and plating schedule for revegetation. A
map or documentation shall be submitted that qu;rntifies the area, in terms of acres, to
be disturbed and subsequently reseeded on road cut and utility disturbances.
iii. Soil Plan: The revegetation guidelines required the Applicant to provide a Soil
Management Plan that includes: i) provisions of salvaging on-site topsoil, ii) a
timetable for eliminating topsoil and/or aggregate piles, and iii) a plan that provides
for soil cover if any disturbances or stoke piles will site exposed for a period of 90
days or rnore.
B. Copies of the actual well permits issued by the Colorado Division of Water Resources for
the two wells shall be submitted.
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C. The Applicant shall submit the applicable School Site Acquisition Fees ($200.00 per
parcel) for the creation of the exemption parcels.
D. All physical water supplies shall demonstrate the following:
l) That a four (4) hour pump test be performed on the well(s) to be used.
2) A well completion report demonstrating the depth of the well(s), the characteristics of
the aquifer and the static water level.
3) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge.
4) 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.
5) Anassumptionof anaverageof nolessthan3.5peopleperdwellingunit,using 100
gallons of water per person, per day.
6) 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.
7) The water quality shall be tested by an independent testing laboratory and meet State
guidelines conceming bacteria and nitrates.
8) For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
10, The following information shall be delineated on the Exemption Plat:
A. Existing and proposed easements forutilities, driveway, and irrigation. These easements
shall be included on the deeds for the proposed lots, where appropriate. All new utilities
shall be buried with the exception of electric.
B. The location of the 32-foot access and utility easement granted by Tonder and
Wasserman in accordance with the Easement Agreements recorded with the Garfield
County Clerk and Recorders Office shall be accurately delineated.
I L All new fencing shall comply with the Colorado Division of Wildlife fencing standards
L2. That the following plat notes shall appear on the Exemption plat:
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A. AII new structures or uses shall avoid areas of natural drainage to the ma,ximum extent
possible .
B. No further divisions by exemption from the rules of Subdivision will be allowed.
C. lndividual Sewage Disposal Systems shall comply with the Garlield County
requirements.
D. Slopes exceeding 4OVo shall be restricted from development. Areas of disturbance shall
be revegetated with appropriate vegetation. Cut and fill areas shall be kept in balance
and to a minimum. Disturbance of the existing vegetative cover shall be minimized.
E. Geologic Hazards on the Parcels shall be mitigated per county regulations
F. Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
G. One (i) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries.
H. 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, er. seq., and the
regulations promulgated there under, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
I. All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety Iighting that goes beyond the property boundaries.
J' 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,
and pesticides, any one or more of which may naturally occur as a part of a legal and non-
negligent agricultural operations.
K. 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
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with zoning, and other aspects of using and maintaining propeny. Residents and
Iandowners 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.
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
LORADO
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Upon motion duly made and seconded the fore
following vote:
by the
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Aye
Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
CountyCom'"i''io,ffityandStateaforesaid,doherebycertifythattheannexed
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. ZO_.
county clerk and ex-officio clerk of the Board of county commissioners
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