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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.20.2006Exhibits for Public Hearing held on March 20, 2006 Yas n 'peter �it171i7 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Easement Agreement between Della Martin & Marl and Patricia Martin dated December 29, 1981 G Resolution 82-05 granting Exemption approval for Della Martin H Site Plan from Della Martin Exemption file dated April 8, 1981 I Email from Jake Mall to County Planning Department dated 3/0/06 J Minutes from the Carpenter / Martin Exemption hearing dated 1/7/02 K DVWR Policy Memorandum 93-4 L. NI hodk PROJECT INFORMATION AND STAFF COMMENTS REOUEST OWNERS LOCATION Sim DATA WATER SEWER. ACCESS EXISTING ZONING ADJACENT ZONING COMPREHENSIVE PLAN BOCC 3/20/06 FJ Exemption from the Definition of Subdivision Marl L. Martin & Patricia L. Martin as joint tenants and Mickey M. Martin Approximately 2 miles SW of Parachute, CO at 700 County 303 in the NW '4 of the NE '4a of Section 20, Township 7 South, Range 95 West of the 6th PM, Garfield County. 40 acre parcel Shared Well Individual Sewage Disposal System County Road 303 (Gardner Lane) ARRD ARRD Study Area 3 (Outlying Residential) (INT /CAD 0. J0._5 /MARTIN XEMPTION CARPENTE SUB—DIV. LOT 1 LOT 2 L DESCRIPTION OF THE PROPOSAL The owners of the subject 40 -acre property request approval from the Board of County Commissioners to split the tract into two 20 -acre tracts by way of the County's Subdivision Exemption process. Each new tract will have direct public access from County Road303. Water to each lot will be provided by a shared well and wastewater is to be handled from Individual Sewage Disposal Systems. II. BACKGROUND & ELIGIBILITY As of 1973, the subject 40 -acre tract was originally a part of a larger 80 -acre tract owned by the Martin Family. In 2000, Della Martin (by way of a personal representative deed) split the 80 acres by deeding two 40 -acre tracts to family members. The western 40 -acre tract was split by Exemption into two 20 -acre tracts known as Parcels 1 and 2 of the Carpenter / Martin Exemption. The eastern 40 - acre tract is the subject tract of this Exemption request splitting it into two 20 -acre tracts, On its face, these splits would appear to result in the creation of a total of 4 lots created from the parent 80 acres which is the maximum allowed in the Exemption process; however, it is not that straight forward for the following reasons: 1) In 1982 (prior to the split creating the two 40 -acres tracts) Della Martin obtained approval from the Board of County Commissioners, by way of an Exemption, to split the 80 -acre tract into Tract A (a 30 -foot wide access easement) and Tract B (the remaining 78 acres). This easement, defined as Tract A, was intended to provide access from CR 303 to a 2.07 -acre tract. This action is memorialized in Resolution 82-05. 2) Staff finds that upon a review of the land use file of this Exemption, Della Martin's intent was to actually create a 2.07 acre tract out of the 80 -acre parent tract for Marl and Patricia Martin. To do so, she was required to also provide an access easement from CR 303 to the 2.07 -acre tract across Della Martin's property. This intended 2.07 -acre tract should have been called Tract A and not the access easement. Unfortunately, the resolution which the Board approved reflects that the access easement was defined as Tract A rather than the access easement providing access to the 2.07 -acre Tract. This action represented the first of the four splits allowed in an Exemption. [The site plan, shown to the right, was the proposed site plan in the 1982 land use file describing the 2.07 -acre tract.] -2- 3) Based on the intent of the Della Martin Exemption (approved in 1982) to create a 2.07 -acre Tract to give to Marl and Patricia Martin, she also legally described and conveyed the 30 -foot wide access easement for the benefit of whomever (Marl and Patricia Martin) owned the 2.07 -acre tract. This easement was recorded in the County Clerk and Recorder' s Office in Book 589 on Page 443 and attached to this Memorandum as Exhibit F. 4) Finally, the Applicant has not demonstrated whether this 2.07 -acre tract was ever conveyed or not to a second party from Della Martin. If it was conveyed, it has legally been created as a separate tract and represents the first of the four splits allowed under the County's Exemption process. This is problematic for the Applicant because, if the lot was "created", then there are no more splits available to the Applicant supported by the following accounting of splits from the original 80 -acre parent property: Split #1: 1982: Della Martin created the 2.07 acre tract from the 80 -acres creating two lots; Split #2: 2000: Della Martin split the 78 -acre parent into a 40 -acres tract and a 38 - acre tract creating three lots; and Split #3 2002: Martin/ Carpenter split the westerly 40 -acres creating four lots. If Della Martin never conveyed the 2.07 -acre tract, it was never "created" and the Applicant presently is eligible for one split as proposed. III. REFERRAL COMMENTS Staff referred the application to the following agencies / County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable: A) Town of Parachute: No Comments Received B) Grand Valley Fire Protection District: Fire Plan in the Application C) School District 16: No Comments Received D) Garfield County Road and Bridge Department: See Exhibit I. N. MAJOR ISSUES AND CONCERNS A. Subdivision Exemption Regulations /Property Eligibility Section 8.52 of the Garfield County Subdivision Regulations 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 on. January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of- -3- 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." Staff Finding Please refer to the discussion in Section II "Background / EligibiIity" on pages 1- 3 of this memorandum. B. Zoning The property is located in the Agricultural / Residential / Rural Density (ARRD) zone district. Section 8:52(B) states that the Board shall not grant an Exemption unless the division proposed for exemption meets the all of County zoning requirements. Upon review of the site plan, it appears that all of the zoning requirements have been or can practically be met except for development in the rear yard setback of 25 feet. More specifically, the rear of proposed Parcel B contains three structures including a "Trailer with Additions" and two "Sheds." The Trailer not only falls within the rear yard setback, but also extends over the property boundary onto the neighbor's property (Sharon Gardner) to the south. As this situation exists today, it is a violation of the County' s zoning code. Additionally, a criteria stated above requires that all County zoning requirements shall be met before the Board can grant an exemption. As a result, Staff finds this criteria (8:52(B)) has not been met. C. Leea1 Access The two lots being created both front directly on County Road 303 also called Gardner Lane and as such have access to a public right-of-way. Proposed Parcel B has an existing driveway from CR 303 providing physical access (in an apparent easement) to the existing residential improvements at the south portion of the parcel. The County Road and Bridge Department reviewed the proposal and recommends that to be consistent with the requirements of the previous "Carpenter / Martin Exemption" approved in 2002, the owners of these new Parcels shall also dedicate a 30 -foot right-of-way from their northern property boundary to the centerline of CR 303 for the full distance of their property as it fronts onto CR 303. A condition of the Carpenter / Martin approval required the Applicant provide a deed legally describing the 30 -foot right-of-way which was accomplished. Further, the Board, in its motion required the Applicant's to remove any obstructions from this right-of-way at such time when the County Road and Bridge was ready to make improvements to CR 303. Presently, the Road and Bridge Department recommends the Board require 1) the same right-of- way from the present Applicants and 2) that the Applicants shall remove the rock berm, fences, and brush at their own costs so that the scheduled upgrade of CR 303 which includes chip- -4- sealing the right-of-way this summer. (See Exhibits G and I.) Staff suggests the Board require this as a condition of approval. D. Domestic /Irrigation Water The application contains two well permits. A well permit on the subject 40 -acres was issued by the State Engineer in 1981 with a permit number of 119549. The well was drilled later in the same year. A 6 -hour pump test was conducted with the drilling and installation resulting in a production of 2 gallons per minute with a drawdown of 191 feet to a depth of 276 feet. The total well depth is 280 feet. No recharge information was provided. While there is not statement from the Applicant in the application, it appears the Applicant proposes to share this well between proposed Parcels A and B. Evidence of this arrangement is shown by a 20 -foot "Well and Waterline Easement" shown on Parcel B which would provide access to the owner of Parcel A to the waterline and wellhead. If this is the case, the Applicant shall be required to submit a well sharing agreement that establishes the ownership and responsibilities of each Parcel regarding water and maintenance of the well and associated waterline. The well permit was not clear as to how many residential dwellings can be served from such a well. Staff discussed this issue with the Colorado Division of Water Resources Division 5 Engineer who indicated that the Applicant may be allowed to clarify the uses allowed by the well pursuant to Policy 93-4 as well as alerting the State of a Change in Ownership of the well from Della Martin to Marl and Patricia Martin. The policy is quoted below and attached as Exhibit K. Staff finds that the Board, as a suggested condition of approval, not sign any plat until the legality of the well to be shared has been adequately established as being able to serve two dwellings. Requests to amend existing well permits, issued under the provision of Section 37-92- 602(3)(b)(II)(A) [ or 602(3)(b)(ll) j as the only well on a tract of 35 acres or more, to allow use for all or any of the uses described in Subsection 37-92-602(1)(b), including use in up to three single-family dwellings, shall be approved provided the documents indicated below are submitted. No fee shall be charged tor this service. A request to amend is appropriate any time the condition of approval uses are less than or not specific to the use desired. a. A letter, signed by the applicant, requesting the permit amendment and addressing the uses desired. b. If the applicant for the amendment is not the original applicant of record in the Division's files, an application for a change in ownership/address (Form No. GWS - 11) and a copy of a deed showing that they are the owner(s) of the 36+ acres described in the existing well permit. c. A legal description of the 35+ acre tract, if that information has not already been provided. -5- Further, as is normally required by Section 8:42(D), prior to the signing of any final plat, all physical water supplies shall demonstrate the following: 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g. A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. E. Sewer / Waste Water The existing residential improvement on Proposed Parcel B is presently served by an ISDS. The Applicant proposes the same method of handling wastewater on newly created Parcel A. The soils found on both parcels include primarily Potts loam and Potts-Ildefonso complex. Potts loam has shrink -swell potential and whose soils perk slowly which would require an engineered septic system and the Potts-Ildefonso complex is typically found in areas of steep slopes which have runoff and erosion issues. Staff suggests, due to the soil types in the area, that any new septic systems constructed on Parcels A or 13 shall be required to be engineered by a professional engineer licensed in the State of Colorado. F. State and Local Health Standards Colorado Department of Public Health & Environment ISDS standards require the County to issue an ISDS permit for all such systems installed in the County. The future lot owners will be required to obtain the necessary ISDS permits from the County at the time building permits are obtained. G. Drainage / Floodplain / Soils The proposed parcels will contains approximately 20 acres each with limited creation of impervious space resulting in minimal drainage. There are no mapped floodplain areas on the property. As mentioned above, the soils found on both parcels include primarily Potts loam and Potts-Ildefonso complex. Potts loam has shrink -swell potential and whose soils perk slowly which would require an engineered septic system and the Potts-Ildefonso complex is typically found in areas of steep slopes which have runoff and erosion issues. Staff suggests, due to the soil types in the area, that any new septic systems constructed on Parcels A or B shall be required to be engineered by a professional engineer licensed in the State of Colorado. -6- H. Fire Protection The property is located in the Grand Valley Fire Protection District. The application contains a fire protection plan (Exhibit 9 to the application) which was submitted to the District and approved by signature by the District Fire Chief David Blair. The plan basically provides that access to the lots is from CR 303 which provides an all weather road, water source for fire protection is from an existing well and irrigation sources when in season, vegetation on the property is brush, irrigated crops and pasture, and that a plat note will be included requiring compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. Based on the signature of the District, it appears this plan is satisfactory for the District. J. Easements There are two easements shown on Parcel B including the 30 -foot access easement and a 20 - foot well • and waterline easement. Regarding the access easement, if the 2.07 acre tract in the SW corner of Parcel B was never created, then the easement has no legal effect because the owner of newly created Parcel B is also the beneficiary of the easement. You cannot give an easement to yourself as this arrangement may result in a default merger of title. K. School / Development Impact Fees The property is located in the School District 16 which requires the payment of a $200.00 school site acquisition fee for each new lot created. In this case, the new lot being created for the purposes of applying this fee is Parcel A. STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 meeting. 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has not met the requirements of Sections 8:42(D), 8:52(A), and 8:52(B) of the Garfield County Subdivision Regulations of 1984, as amended. VI. STAFF RECOMMENDATION Staff recommends the Board deny the request for an Exemption from the Definition of Subdivision for Marl L. Martin & Patricia L. Martin as joint tenants and Mickey M. Martin finding the proposal does not meet Sections 8:42(D), 8:52(A), and 8:52(B) of the County's Subdivision Regulations of 1984, as amended. Should the Board approve the request for an Exemption, Staff suggests the -7- following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the foIiowing text as plat notes on the final exemption plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries." c. "No open hearth solid. fuel fireplaces will be allowed anywhere withinan exemption. One (1) new solid fuel burning stove as defied 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". d. "All exterior lighting shall be the minimum amount necessary and that all exterior lighting 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 ". 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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or 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 amendments, herbicides, 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 inaccordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and -8- 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." g. "All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. 3. Because Parcels A and B will share a well for their domestic water supply, the Applicant shall establish an unincorporated Homeowners Association (with associated protective covenants) to own and manage the shared components of the shared water system as well as the water rights which include the ownership of the well. This HOA shall detennine how physical elements and associated rights of the shared water system (well, water lines, easements, maintenance and repair obligations) are to be owned and managed for each future owner of Parcels A and B. This document shall be provided to the County for review as part of the final plat submittal. 4. The Applicant shall submit an approved well permit issued from the Colorado Division of Water Resources as part of the final plat submittal that demonstrates that the well can serve two dwelling units. No submittal shall be accepted by the County without this well permit. As normally required, prior to the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g) A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 5. The property is located in the School District 16 which requires the payment of a $200.00 school site acquisition fee for each new lot created. In this case, the new lot being created for the purposes of applying this fee is Parcel A. 6. All construction shall require compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. 7. The Applicant shall provide right-of-way to the County for a 30 -foot strip from the -9- centerline of County 303 to the property line for the length of Parcels A and B as they abut County Road 303. This deeded easement of the right-of-way shall be provided in a form acceptable to the County Attorney's Office and provided with the final plat materials. Fu - , , • A 3 ; ; eant-s-shall remove -the rock bei, fe . i . b _ . + • - : Id and Bridge (Vt- (2' P2, ,A)--/ N /7./04,,� �� -10- 'ti L 'Recondtdot_oPCP o'cloe'r /(?.JA. DEC 29 198) 6,-y, 589 we443 aecoplict, No. 323075 MORE?) Al...5t1011F, UCOR0131 • ACRE -1.71f. J17 Thip agreement entered into this ,—,9c3",`"A's day of,t26.15•11,1 by and between De2la Martin, party of the first -part, and Narl Martin and Patcia Martin, parries of the second part. /7 IS AOREED chat :or the WM of S10.00 and other valuable consfderatioas, ;the receipt of which la hereby .licnoledged, the party of the.first part :does hereby grant to parties of the second part an access easement for a privarp.road acrnis the w: nc;,. Section JO, T7s, R9514, 6th N in P...arfild :County Co/orado. Said access casement shaII be a total of 30.0 feet vide. .iheieg 15.0 !est mn each side of the following described centerline:- Eugfoning at a point on the north line KO; !,Econ 20,, 77s, F.95r.' whence the NE corner of SW: NEI; Sec. 20 bears East a distance of 32.6 feet.: J. Jnence.5045:53!:T a distance of 137.4 fnet; 2. Thence 528vaSul.' a distance of 189.0 -feet; 3. Thence S790513."6:' a distsnoe of 2}3,0 feet; 4' The"8 SUg°02'4 L. a discance.ri 255.0 feet; 5. Ther'" 528°30"E A distance of 1E3.0 feet; 6. rai --"c9 .5.430 36't a distance of 263.0 feet; 7. hoe S06.22" E a distance of 105.8 feet to the north line cF A 2.07 acre tenet. Parties of the second part agree that, if tor any reason %.hassoever they vaeate the 2.07 acre tract and move from the premises, this easement reverts back to Da] la Martin and beco;::es null and void. Parry of the first part .1 • Della 2.!. -fn Parties of he second part ; „4-) . X r) Martin Patricia Martin 71 s is herehy sworn to before me this eVe' . 1981. My commission expires Flrfteld !".telc9...tIT:To)grisde S.& • 1, 41 •- 4 • ......... dav of (G, n ry Public STATE OF COLORADO County of Garfield Ata.... regular meeting of the Board df County Commissioners far Garfield County, Colorado, held at the Court House in Glenwood Springs on MSJT.Id.dy •the' A_f:h day of January A. D. 19 82 , there were present: Larry Velasquez Flaven j. Cerise Eugene Drinkhouse Earl G. RHodes Leanne Cleland., Deputy , Commissioner Chairman Commissioner , Commissioner , County Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION N0.82-05 A RESOLUTION CONCERNED WITH GRANTING AN EYEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FUR DELLA MARTIN. . WHEREAS, Della Martin has 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 80 acre tract described as follows: that parcel of land as described in Document No. 167898 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2 and 78 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: an access easement for a private road across the NWIZNE3, Section 20, 17S, R95W, 6th Principal Meridian in Garfield County, Colorado. Said access easement shall be a. total of 30.0 feet wide, being 15.0 feet on each side of the following described centerline: Beginning at a point on the north line NW1/4NE4, Section 20, T7S, R95W whence the NE corner of NW'NEu Section 20 bears East a distance of 31.6 feet: 1. Thence 5.06°53"E. a distance of 137.4 feet; 2. Thence 5.28°45"W. a distance of 169.0 feet: 3. Thence 5.79°58"W. a distance of 257.0 feet; 4. Thence S.09°02"W. a distance of 255.0 feet; 5. Thence S.28°^0"E. a distance of 163.0 feet; 6. Thence 5.43°36'E, a distance of 263.0 feet; 7. Thence S.06°22"E. a distance of 105.8 feet; to the northline of a 2.07 acre tract. Tract B: the remaining .78 acres. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioner has County Commissioners of Garfield fall within the purposes of Part 1973, as amended, for the reason subdivision review, and demonstrated to the satisfaction of the Board of County, Colorado, that the proposed division does not 1, Article 28, Title 30, Colorado Revised Statutes that the impact created does not warrant further 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 tracts, that there is adequate ingress and egress to said tracts, 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and YB" from the above described 8C acre tract is hereby exempted from such definitions and said tract may be divided into tracts."A" and "B", ail as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: Gl ^ter (/'; CG7( D-puty Clerk of the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Upon• motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez ' -Plaven J. Cerise nugene Drinkhouse STATE OF COLORADO County of Garfield Aye Aye Aye Commissioners 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 Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 3 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 39 .............. County Clerk and ex -officio Clerk of the Board of County Commissioners. Fred Jarman From: Jake Mall Sent: Thursday, March 09, 2006 2:54 PM To: Fred Jarman Subject: Martin Subdivision Fred: 1 received the plat for the previous subdivision for part of this property and they included the 30 -foot deeded easement to the County. We have plans to improve Cr. 303 this year so we will want to follow up on the other owners that were in the first subdivision of the Martin property. Let me know if need more information. Thanks Jake B. Mall Administrative Foreman Garfield County Road and Bridge Dept. 3/9/2006 if,J/efy/'Lbbb 9' b15�ib11 RUN) AND 1iK1lli�E RECE MAR a 9x.006 , 2002 GARF LASI NT CEEDINGS OF THE GARFIELD COY JANUARYQNTY BOARD OF COMMISSIONERS BUILDINGGARFIELD COUNTY, COLORADO REQUEST FOR APPROVAL FOR AN EXEMPTION FROM THE RULES OF SUBDIVISION LOCATED: SOUTH OF' BATTLEMENT MESA PUD — 0318 COUNTY ROAD 303, PARACHUTE, CO. APPLICANTS: MELBA M. AND RAROLD J. CARPENDER (1/2 INTEREST) AND GAIL L. MARTIN (I.12 INTEREST). Carolyn Dahlgren, Tom Stover, Linda Hansen local agent, Kit Lyon and Mark Bean were present, This is a public meeting and noticing was required, Carolyn reviewed the noticing with Tom Stover and determined they were in order and timely and advised the Commissioners they were entitled to proceed. Chairman Mahn entered the notices, posting and publication into the record, Kit submitted the project information and staff comments saying this was a request for approval for an exemption from the rules of subdivision located south of Battlement Mesa PUD. This request for an exemption for a Subdivision on a 40 +/- acre tract south of the Battlement Mesa PUD. The site contains a portion of Stone Quarry and Monument Gulches. An existing house and shed occupy proposed Parcel One (l). She added that the Commissioners have the discretionary power to exempt a division of land from the definition of subdivision provided such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The application is a request to divide the 40 acres into two (2) residential lots of approximately 20 acres each in size. Kik continued to review the major issues and concerns, staff recommended findings, and Recommendation: Staffrecotomends approval of this application with the following conditions. 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 Tots, 25 feet wide access to a public right of way, and any proposed easements for setback, drainage, irrigation, access or utilities. 3. That the applicant shalt have 120 days (until 5/7/02) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption. 4, That the applicant shall submit the applicable School Site Aoquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat, 5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be in compliance. 6, All recommendations made by the Grand Valley Fire Protection District (OVFPD), in their letter dated 12/14/01, shall be followed for existing and proposed residences: A storage tank at least 2,500 gallons in size must be provided for residences 3,500 square feet or less, with sprinkler systems optional; Residences larger than 3,500 square feet must provide both adequate storage and a sprinkler system; Access/egress and defensible space shall meet the CSFS NFPA standard; Sprinkler systems shall adhere to NFPA 13D and shall be approved by the GVFPI) and supplied from cistern; However, the applicant shall either provide the fire protection cisterns as part of the domestic water delivery system, or shall provide separate fire protection storage and evidence of the necessary legal water rights to fill said storage. 7. Only one access to the parcels from County Road 303 shall be provided and an access permit shall be obtained from the Road and Bridge Department for the access. The access shall be maintained adequately to accommodate the weights and turning radiuses of emergency apparatus to permit access during adverse weather conditions. A legal road sharing agreement, which discusses all costs associated with the maintenance of the road, which will be responsible for paying these costs, and how' assessments will be made for these costs, shall be filed with the exemption plat. A thirty-foot (30') right of way along the entire northern boundary of the property shall be dedicated to the property, and the fences shall be moved or removed in order to be consistent with the right of way boundaries. 8. Prior to the signing ofa plat, all physical water supplies shall demonstrate the following: I, That a four (4) hour pump test be performed on the well to be used. 2. A well completion report demonstrating the depth of the we11, the characteristics of the 03/09/2006 22:53 625B' ROAD AND BRIT' PAGE 02 aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons pr minute and information showing draw down and recharge; 4. A written opinion of the person conducting the wall test that this well should be adequate to supply water to two (2) dwelling units; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; • 9. The water quality be tested by an independent testing laboratory and meet State guidelines concealing bacteria and nitrates. 10. A disclosure to all potential lot owners regarding the potential for mineral exploration and recovery must be included in the covenants, plat notes, and at the time of closing, in the event that the mineral rights have been severed. 11. That the following plat notes shall appear on the Final Exemption Pat: "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." 'No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid - feel burning stove as defined by C. R. S. 25 -?-401, et. 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." "AU 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 lighting that goes beyond the property boundaries." "Only one further division of the 80 acre parent parcel (the NE V. NW '/ and the NW % NE'/. of Section 20, Township 7 South, Range 95 West of the 6a Principle Meridian) by exemption from the rules of subdivision is possible under the current regulations." "Any new buildings shall avoid areas of natural drainage. Natural drainages shall be preserved to the maximum extent possible." • "All reeotrfinendations made by the Grand Valley Fire Promotion District shall be followed A, storage tank at least 2,500 gallons in size must be provided for residences 3,500 square feet or less, with sprinkler systems optional. Residences larger than 3,500 sq. ft. must provide both adequate storage and a sprinkler system. Accesslegress and defensible space shall meet the CSFS NFPA 200 standard. Sprinkler systems shall adhere to NFFA 13D. Sprinklers shall be approved and supplied from cistern." "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 hying 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." "AIl 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 w 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 and Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." Kit suggested a change to No. 6 dealing with the Fire protection District Issues and suggested a change to the last sentence at the top of page 6, which starts "however, the applicant shall either provide fire protection cisterns as part of the domestic delivery system or shall provide separate fire protection storage" and strike out the rest of that sentence that say "evidence, etc. and replace it with "the cistern waters shall be eased for no other purpose than fire protection." Tom Stuver said they have no dispute with the staff report. Discussion was held with respect to the total frontage road verifying it was IA mile on CR 303 -is '4. The existing driveway comes in north of the existing home — an interior drive would be a 600' driveway; other restrictions in the County that discourages this long of a driveway. Their request is that the Board not 03/69/2006 22:53 6258627 ROAD AND BRIDGE PAGE 63 require ajoint driveway. Width is 30' from centerline; the plat shows 21' from the fence line. 1(30' were dedicated from the centerline that would be satisfactory. Kit verified that is the recommendation. Tarn Stuver said removing the existing fences is not an inxmediatt,requirement — it is in pasture and would request holding off until the road would be widened. Kit corrected the school acquisition fees were incorrectly stated in the staff report and should be $200 not $400, Chairman Martin asked for clarification if this action would create a future land -locked situation and referenced a potential requesrtbat would include use of CR 303 versus 354. Torn Stuver said this forty -acre came off of an 80 -acre parcel off CR 303. CQtairman Martin said they might be asking for a 60' right of way. Carolyn Dahlgren mentioned having a deeded right of way versus a plat note in order to clarify future use. Toni suggested showing the dedication and accompanying deed with a right of way deed Carolyn explained that the exemption. Mark had discussion with John Savage, the Hunts and Don DeFord; Don agreed a deed was the most appropriate way to deal with a right of way. Toni would like to see some appropriate language be made available to them. Mark mentioned, the access as approved is the only access approved and any amendment would require father review, One access is being requested. Condition No. 7 would need to be changed to prevent an additional access, Motion A motion was made by Commissioner McCown and seconded by Commissioner Stowe to approve the rules from the subdivision regarding the Carpenter/Martin exemptions with conditions of approval recommended by staff with corrections noted to No. 6 to read "however, either the applicant shall either provide the fire protection cisterns as part of the domestic delivery system or shall provide a separate system; No, 7, I would change that to read "will allow one additional access to Parcel Two (2) along with 30' right of way from the section line or centerline of the roadway, shall be dedicated to the property and 'N the fences shall be moved or removed in case of a change of use or the need to improve the roadway. Commissioner Stowe — second, Kit requested clarification on the fences being moved or removed. Commissioner McCown — when a change of use occurs or the need to improve the roadway, widen,. improve, whatever, any improvement or changes to the roadway. Carolyn Dahlgren — on No. 7 do we also need to remove some of the language about a legal road sharing agreement? Commissioner McCown amended his motion to remove the wording mentioned by Carolyn in Condition No. 7 and Commissioner Stowe amended his second clarifying in No. 7 "removes a legal road sharing agreement but leaves the emergency tum -around for fire equipment." Motion carried. Foilow up by Building and Planting on Courtly Road 354 Chairman Martin — we still need to research this area on those properties that in that area on the Subdivision that was in 1981 and it had access off 354 road but 354 road does not go in so they had a secondary access ori' 303. The name of the Subdivision is unknown but it was a piece of evidence by Mr. Mulhall. This may cause us considerable grief in the future, He has a plat as an exhibit in his case, but we did riot get a copy. JULY 15, 2002 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO c. Sign a Resolution of Approval and Subdivision Exemption Plat for Carpenter/Martin STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Naiurai Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 13031 866-3 58 1 FAX 13031 866-3589 December 22, 1993 POLICY MEMORANDUM 93-4 Rov Ramer Governor Ken Salazar Executive Deecior Hal D. Simpson Sra1e Engineer SUBJECT: Use Restrictions for Permits Issued as the Only Well on 35+ Acres The following standards are adopted as policy to provide for the consistent evaluation and conditioning of applications tor new well permits and requests to amend the use of existing wells approved as the only exempt well on a tract of 35 acres or more under the provisions of Section 37-92-602(3)(b)(I!). Only wells outside designated ground water basins are affected. This policy becomes effective January 1, 1994 and shall be modified or revoked only in writing. 1. New well permits approved pursuant to Section 37-92.602(3)(b)(!I)(A) as the only well on a tract of 35 acres or more and for use .as described in 37-92-502(1)(b), shall be conditioned to provide for all the uses described in that subsection, including use in up to three (3) single-family dwellings, regardless of whether or not the applicant requested any specific number of dwelling units or all the other uses. Provided That If the only use requested is watering of livestock on a farm or ranch such permit will limited the use to only watering of livestock on a farm or ranch. 2. Requests to amend existing well permits, issued under the provision of Section 37-92- 602(3)(b)(II)(A) j or 602(3)(b)(1l) j as the only well on a tract of 35 acres or more, to allow use for all or any of the uses described in Subsection 37-92-602(1)(b), including use in up to three single-family dwellings, shall be approved provided the documents indicated below are submitted. No tee shall be charged for this service. A request to amend is appropriate any time the condition of approval uses are less than or not specific to the use desired, a. A letter, signed by the applicant, requesting the permit amendment and addressing the uses desired. b. if the applicant for the amendment is not the original applicant of record in the Division's files, an application for a change in ownership/address (Form No. GWS - 11) and a copy of a deed showing that they are the owners) of the 35+ acres described in the existing well permit. c. A legal description of the 35+ acre tract, if that information has not already been provided. al D. Simpson State Engineer I-IDS/SPL/sI Policy 93-4 Page 2 December 22, 1993 CONSIDERATIONS AND BACKGROUND FOR POLICY MEMO 93-4 PROBLEM A procedure adopted in 1981 or 1982 required all permits, approved under the provisions of Sections 37.92-602(3)(b)(II) as the only well on a tract of 35 acres or more, to be limited to serving one single- family dwelling unless specifically indicated otherwise in the application. This has resulted in additional work and expense for the Division, and additional expense for the well owners when applications for extended use of the existing wells were required. DISCUSSION The existing procedure was a response to a belief that if we did not limit use on these 35+ acre tracts to only one dwelling, a proliferation of divisions of land would occur from counties exempting certain divisions of land. This would result in an increased potential for injury to other water rights in overappropriated systems. It has been the Division's experience that our restrictions did not result in a reduction of the number of divisions of land that were occurring, and that our procedure only forced well owners to apply for permits to extend the use of their existing wells, which would then be approved since the Division did not find that there was sufficient evidence of injury to overcome the presumptions as provided in Section 37-92- 602(3)(b)(I1)(A). This ultimately only resulted in increased work for the Division in approving well permits whose cost is not fully funded by the well permit application fees. SOLUTION Three options appear to be available. 1. Continue the current procedure of limiting to one dwelling, unless otherwise requested, and require filing of an application to expand the use of the well. 2. Establish a new policy that will allow approval for up to three single family dwellings, for all new permits approved for domestic type use on 35+ acre tracts, and will allow for amending existing permits. 3, Revoke the current procedure concerning new well permits, but do not adopt a new policy. RECOMMENDATION The Second option appears to be the most reasonable since it provides clear direction to the staff and public, and reduces costs, &m n A )11 PROJECT INFORMATION AND STAFF COMMENTS OCC 06112/06 REQUEST Extension for Plat Submittal for Exemption from the Definition of Subdivision OWNERS Marl L. Martin & Patricia L. Martin as joint tenants and Mickey M. Martin LOCATION Approximately 2 miles SW of Parachute, CO at 700 County 303 in the NW % of the NE of Section 20, Township 7 South, Range 95 West of the 6th PM, Garfield County. I. BACKGROUND As you will recall, the Board approved a request for an Exemption from the Definition of Subdivision on March 20, 2006. Specifically, the Board approved the split of a 40 -acre property into two 20 -acre tracts where each new tract has direct public access from County Road 303, water to each lot will be provided by a shared well and wastewater is to be handled from Individual Sewage Disposal Systems. As a result of the approval, the Applicant has 120 days to provide an Exemption Plat to the Board for signature. This date is set for July 18, 2006. II. REQUEST Due to poor water quality tests from the subject well, the Applicant requests a six-month extension in order to fully address the water issue. (See the attached request). III. AUTHORITY The Board has routinely approved extensions up to 1 year for an Exemption so long as the request was made prior to the expiration dated. In this case, the request has been made in a timely fashion. Further, the reason for the extension is to better accommodate a condition of approval required by the Board which demonstrates the Applicant has been working in good faith to satisfy the County's requirements. W. STAFF RECOMMENDATION Staff recommends the Board grant a 1 -year extension for the submittal of the Martin Exemption which will expire on March 20, 2007 -1- Exhibits for Public Hearing held on March 20, 2006 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Easement Agreement between Della Martin & Mari and Patricia Martin dated December 29, 1981 G Resolution 82-05 granting Exemption approval for Della Martin H Site Plan from Della Martin Exemption file dated April 8, 1981 I Email from Jake Mall to County Planning Department dated 3/0/06 J Minutes from the Carpenter / Martin Exemption hearing dated 1/7/02 K DWR Policy Memorandum 93-4 REQUEST OWNERS LOCATION 1 EXHIBIT f BOCC 3/20/06 FJ PROJECT INFORMATION AND STAFF COMMENTS Exemption from the Definition of Subdivision Marl L. Martin & Patricia L. Martin as joint tenants and Mickey M. Martin Approximately 2 miles SW of Parachute, CO at 700 County 303 in the NW 'A of the NE 1/ of Section 20, Township 7 South, Range 95 West of the 6th PM, Garfield County. SITE DATA 40 acre parcel WATER Shared Well SEWER Individual Sewage Disposal System ACCESS County Road 303 (Gardner Lane) EXISTING ZONING ARRD ADJACENT ZONING ARRD COMPREHENSIVE PLAN Study Area 3 (Outlying Residential) IJO CARPENTE SUB—DIV. '0. J0J '' ,%MARTI N =XEMPTION LOT 1 LOT 2 L DESCRIPTION OF THE PROPOSAL The owners of the subject 40 -acre property request approval from the Board of County Commissioners to split the tract into two 20 -acre tracts by way of the County's Subdivision Exemption process. Each new tract will have direct public access from County Road 303. Water to each lot will be provided by a shared well and wastewater is to be handled from Individual Sewage Disposal Systems. II. BACKGROUND & ELIGIBILITY As of 1973, the subject 40 -acre tract was originally a part of a larger 80 -acre tract owned by the Martin Family. In 2000, Della Martin (by way of a personal representative deed) split the 80 acres by deeding two 40 -acre tracts to family members. The western 40 -acre tract was split by Exemption into two 20 -acre tracts known as Parcels 1 and 2 of the Carpenter / Martin Exemption. The eastern 40 - acre tract is the subject tract of this Exemption request splitting it into two 20 -acre tracts. On its face, these splits would appear to result in the creation of a total of 4 lots created from the parent 80 acres which is the maximum allowed in the Exemption process; however, it is not that straight forward for the following reasons: 1) In 1982 (prior to the split creating the two 40 -acres tracts) Della Martin obtained approval from the Board of County Commissioners, by way of an Exemption, to split the 80 -acre tract into Tract A (a 30 -foot wide access easement) and Tract B (the remaining 78 acres). This easement, defined as Tract A, was intended to provide access from CR 303 to a 2.07 -acre tract. This action is memorialized in Resolution 82-05. 2) Staff finds that upon a review of the Iand use file of this Exemption, Della Martin's intent was to actually create a 2.07 acre tract out of the 80 -acre parent tract for Marl and Patricia Martin. To do so, she was required to also provide an access easement from CR 303 to the 2.07 -acre tract across Della Martin's property. This intended 2.07 -acre tract should have been called Tract A and not the access easement. Unfortunately, the resolution which the Board approved reflects that the access easement was defined as Tract A rather than the access easement providing access to the 2.07 -acre Tract. This action represented the first of the four splits allowed in an Exemption. [The site plan, shown to the right, was the proposed site plan in the 1982 land use file describing the 2.07 -acre tract.] -2- Irk`' 314. Z.4.",.2. r • 3) Based on the intent of the Della Martin Exemption (approved in 1982) to create a 2.07 -acre Tract to give to Marl and Patricia Martin, she also legally described and conveyed the 30 -foot wide access easement for the benefit of whomever (Marl and Patricia Martin) owned the 2.07 -acre tract. This easement was recorded in the County Clerk and Recorder's Office in Book 589 on Page 443 and attached to this Memorandum as Exhibit F. 4) Finally, the Applicant has not demonstrated whether this 2.07 -acre tract was ever conveyed or not to a second party from Della Martin. If it was conveyed, it has legally been created as a separate tract and represents the first of the four splits allowed under the County's Exemption process. This is problematic for the Applicant because, if the lot was "created", then there are no more splits available to the Applicant supported by the following accounting of splits from the original 80 -acre parent property: Split #1: 1982: Della Martin created the 2.07 acre tract from the 80 -acres creating two lots; Split #2: 2000: Della Martin split the 78 -acre parent into a 40 -acres tract and a 38 - acre tract creating three lots; and Split #3 2002: Martin) Carpenter split the westerly 40 -acres creating four Iots. If Della Martin never conveyed the 2.07 -acre tract, it was never "created" and the Applicant presently is eligible for one split as proposed. III. REFERRAL COMMENTS Staff referred the application to the following agencies / County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable: A) Town of Parachute: No Comments Received B) Grand Valley Fire Protection District: Fire Plan in the Application C) School District 16: No Comments Received D) Garfield County Road and Bridge Department: See Exhibit I. IV. MAJOR ISSUES AND CONCERNS A. Subdivision Exemption Regulations / Property Eligibility Section 8.52 of the Garfield County Subdivision Regulations 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 on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of- -3- 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." Staff Finding Please refer to the discussion in Section II "Background / Eligibility" on pages 1- 3 of this memorandum. B. Zoning The property is located in the Agricultural / Residential / Rural Density (ARRD) zone district. Section 8:52(B) states that the Board shall not grant an Exemption unless the division proposed for exemption meets the all of County zoning requirements. Upon review of the site plan, it appears that all of the zoning requirements have been or can practically be met except for development in the rear yard setback of 25 feet. More specifically, the rear of proposed Parcel B contains three structures including a "Trailer with Additions" and two "Sheds." The Trailer not only falls within the rear yard setback, but also extends over the property boundary onto the neighbor's property (Sharon Gardner) to the south. As this situation exists today, it is a violation of the County's zoning code. Additionally, a criteria stated above requires that all County zoning requirements shall be met before the Board can grant an exemption. As a result, Staff finds this criteria (8:52(B)) has not been met. C. Legal Access The two lots being created both front directly on County Road 303 also called Gardner Lane and as such have access to a public right-of-way. Proposed Parcel B has an existing driveway from CR 303 providing physical access (in an apparent easement) to the existing residential improvements at the south portion of the parcel. The County Road and Bridge Department reviewed the proposal and recommends that to be consistent with the requirements of the previous "Carpenter / Martin Exemption" approved in 2002, the owners of these new Parcels shall also dedicate a 30 -foot right-of-way from their northern property boundary to the centerline of CR 303 for the full distance of their property as it fronts onto CR 303. A condition of the Carpenter / Martin approval required the Applicant provide a deed legally describing the 30 -foot right-of-way which was accomplished. Further, the Board, in its motion required the Applicant's to remove any obstructions from this right-of-way at such time when the County Road and Bridge was ready to make improvements to CR 303. Presently, the Road and Bridge Department recommends the Board require 1) the same right-of- way from the present Applicants and 2) that the Applicants shall remove the rock berm, fences, and brush at their own costs so that the scheduled upgrade of CR 303 which includes chip- -4- sealing the right-of-way this summer. (See Exhibits G and I.) Staff suggests the Board require this as a condition of approval. D. Domestic / Irrigation Water The application contains two well permits. A well permit on the subject 40 -acres was issued by the State Engineer in 1981 with a permit number of 119549. The well was drilled later in the same year. A 6 -hour pump test was conducted with the drilling and installation resulting in a production of 2 gallons per minute with a drawdown of 191 feet to a depth of 276 feet. The total well depth is 280 feet. No recharge information was provided. While there is not statement from the Applicant in the application, it appears the Applicant proposes to share this well between proposed Parcels A and B. Evidence of this arrangement is shown by a 20 -foot "Well and Waterline Easement" shown on Parcel B which would provide access to the owner of Parcel A to the waterline and wellhead. If this is the case, the Applicant shall be required to submit a well sharing agreement that establishes the ownership and responsibilities of each Parcel regarding water and maintenance of the well and associated waterline. The well permit was not clear as to how many residential dwellings can be served from such a well. Staff discussed this issue with the Colorado Division of Water Resources Division 5 Engineer who indicated that the Applicant may be allowed to clarify the uses allowed by the well pursuant to Policy 93-4 as well as alerting the State of a Change in Ownership of the well from Della Martin to Marl and Patricia Martin. The policy is quoted below and attached as Exhibit K. Staff finds that the Board, as a suggested condition of approval, not sign any plat until the legality of the well to be shared has been adequately established as being able to serve two dwellings. Requests to amend existing well permits, issued under the provision of Section 37-92- 602(3)(b)(1I)(A) [ or 602(3)(b)(II) ] as the only well on a tract of 35 acres or more, to allow use for all or any of the uses described in Subsection 37-92-602(1)(b), including use in up to three single-family dwellings, shall be approved provided the documents indicated below are submitted. No fee shall be charged for this service. A request to amend is appropriate any time the condition of approval uses are less than or not specific to the use desired. a. A letter, signed by the applicant, requesting the permit amendment and addressing the uses desired. b. If the applicant for the amendment is not the original applicant of record in the Division's files, an application for a change in ownership/address (Form No, GWS - 11) and a copy of a deed showing that they are the owner(s) of the 35+ acres described in the existing well permit. c. A legal description of the 35+ acre tract, if that information has not already been provided. -5- Further, as is normally required by Section 8:42(D), prior to the signing of any final plat, all physical water supplies shall demonstrate the following: 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g. A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. E. Sewer / Waste Water The existing residential improvement on Proposed Parcel B is presently served by an ISDS. The Applicant proposes the same method of handling wastewater on newly created Parcel A. The soils found on both parcels include primarily Potts loam and Potts-Ildefonso complex. Potts loam has shrink -swell potential and whose soils perk slowly which would require an engineered septic system and the Potts-Ildefonso complex is typically found in areas of steep slopes which have runoff and erosion issues. Staff suggests, due to the soil types in the area, that any new septic systems constructed on Parcels A or B shall be required to be engineered by a professional engineer licensed in the State of Colorado. F. State and Local Health Standards Colorado Department of Public Health & Environment ISDS standards require the County to issue an ISDS permit for all such systems installed in the County. The future lot owners will be required to obtain the necessary ISDS permits from the County at the time building permits are obtained. G. Drainage / Floodplain / Soils The proposed parcels will contains approximately 20 acres each with limited creation of impervious space resulting in minimal drainage. There are no mapped floodplain areas on the property. As mentioned above, the soils found on both parcels include primarily Potts Ioam and Potts-Ildefonso complex. Potts loam has shrink -swell potential and whose soils perk slowly which would require an engineered septic system and the Potts-Ildefonso complex is typically found in areas of steep slopes which have runoff and erosion issues. Staff suggests, due to the soil types in the area, that any new septic systems constructed on Parcels A or B shall be required to be engineered by a professional engineer licensed in the State of Colorado. -6- H. Fire Protection The property is located in the Grand Valley Fire Protection District. The application contains a fire protection plan (Exhibit 9 to the application) which was submitted to the District and approved by signature by the District Fire Chief David Blair. The plan basically provides that access to the lots is from CR 303 which provides an all weather road, water source for fire protection is from an existing well and irrigation sources when in season, vegetation on the property is brush, irrigated crops and pasture, and that a plat note will be included requiring compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. Based on the signature of the District, it appears this plan is satisfactory for the District. J. Easements There are two easements shown on Parcel B including the 30 -foot access easement and a 20 - foot well and waterline easement. Regarding the access easement, if the 2.07 acre tract in the SW corner of Parcel B was never created, then the easement has no legal effect because the owner of newly created Parcel B is also the beneficiary of the easement. You cannot give an easement to yourself as this arrangement may result in a default merger of title. K. School / Development Impact Fees The property is located in the School District 16 which requires the payment of a $200.00 school site acquisition fee for each new lot created. In this case, the new lot being created for the purposes of applying this fee is Parcel A. V. STAFF RECOMMENDED FINDINGS I. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 meeting. 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has not met the requirements of Sections 8:42(D), 8:52(A), and 8:52(B) of the Garfield County Subdivision Regulations of 1984, as amended. VI. STAFF RECOMMENDATION Staff recommends the Board deny the request for an Exemption from the Definition of Subdivision for Marl L. Martin & Patricia L. Martin as joint tenants and Mickey M. Martin finding the proposal does not meet Sections 8:42(D), 8:52(A), and 8:52(B) of the County's Subdivision Regulations of 1984, as amended. Should the Board approve the request for an Exemption, Staff suggests the -7- following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries." c. "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. 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". d. "All exterior lighting shall be the minimum amount necessary and that all exterior lighting 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". 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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or 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 amendments, herbicides, 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 -8- 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." g. "All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. 3. Because Parcels A and B will share a well for their domestic water supply, the Applicant shall establish an unincorporated Homeowners Association (with associated protective covenants) to own and manage the shared components of the shared water system as well as the water rights which include the ownership of the well. This HOA shall determine how physical elements and associated rights of the shared water system (well, water lines, easements, maintenance and repair obligations) are to be owned and managed for each future owner of Parcels A and B. This document shall be provided to the County for review as part of the final plat submittal. 4. The Applicant shall submit an approved well permit issued from the Colorado Division of Water Resources as part of the final plat submittal that demonstrates that the well can serve two dwelling units. No submittal shall be accepted by the County without this well permit. As normally required, prior to the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g) A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 5. The property is located in the School District 16 which requires the payment of a $200.00 school site acquisition fee for each new lot created. In this case, the new lot being created for the purposes of applying this fee is Parcel A. 6. All construction shall require compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. 7. The Applicant shall provide right-of-way to the County for a 30 -foot strip from the -9- centerline of County 303 to the property line for the length of Parcels A and B as they abut County Road 303. This deeded easement of the right-of-way shall be provided in a form acceptable to the County Attorney's Office and provided with the final plat materials. Further, prior to the signing of any final plat, the Applicants shall remove the rock berm, fences, and brush at their own costs so that the County Road and Bridge Department can conduct scheduled upgrade of CR 303. .r.. v_...w...r.:=.s=�....... ._ +e'e. Reco'dedot cP'Y o'ciccir h. DEC 29 1991 b,-, rr4443 ReceplIon Na. 323i75 MILDRED pdSDORF, RECORDER AGREEMENT Thi agreement entered into this r043`, day of1981 by and between Della Martin, party of the first part, and Marl Martin and Patricia Martin. parties of the second part. _1T IS ACRIED that for the sum of $10.00 and other valuable considerations, .the receipt of which is hereby acknowledged, the party of the first part does hereby grant to parties of the second par: an access easement for a privat€-road across the 'ilii W. Section 20. T7s, R95+:. 6th I'M in Garfield .County Colorado. Said access caseocnt shall be a total of 30.0 `cct vide. ir?eing 15.0 feet on each siae of the following described centerline:. Beginning at a point on the north line !iL'lt SE'„Section 20,, lis, N95V whence the NE corner o. N6'4 NEk Sec. 20 bears East a distance of 31.6 feer: 1. Thence 5065'53"E a distance of 137.4 feet; 2- Thence 5281145"w a distance of 169.0.feet; 3. Thence 579058"Vi a distance of 257.0 feet; 4. Thence 509002" Vi a distance f 255.0 feet; 5. Thence 529030"E a distance of CE7.0 feet; 6. Thence 5430 36'E a distance of 263.0 feet; 7. Thence 5061122" E a distance of 105.8 feet to the north Sine of a 2.07 acre tract. Parties of the second part agree that. if for any reason whatsoever they vacate the 2,07 acre tract and cove from the premises,. this easement reverts back to Della Martin and becu.'•:es null and void. Parry of the first part V t �L.P4 ii 11 TA•"- De11a Martin Parties of the second part X m . '!ori Harlin Patricia Martin T1ais hereby sworn to before me this ri24'' , 1981. My commission expires County if .,arfield rtp4p•tif:'Go1'_ijrada s r ;u'. • : t.t '' a. s 4 P bv�e* f•.SS4 day of J9',$ STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on McIndsi.X the d.th day of January A, D. 19 82 , there were present: Larry Velasquez Flaven j. Cerise Eugene Drinkhouse Earl G. Rhodes Leanne Cleland,, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION N0.82-05 Commissioner Chairman Commissioner Commissioner County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DELLA MARTIN. . WHEREAS, Della Martin has 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 January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 80 acre tract described as follows that parcel of land as described in Document No. 167898 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 2 and 78 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: an access easement for a private road across the NW4NE4, Section 20, T7S, R95W, 6th Principal Meridian in Garfield County, Colorado. Said access easement shall be a -total of 30.0 feet wide, being 15.0 feet on each side of the following described centerline: Beginning at a point on the north line NIANE', Section 20, T7S, R95W whence the NE corner of NW4NE4 Section 20 bears East a distance of 31.6 feet: 1. Thence S.06°53"E. a distance of 137.4 feet; 2. Thence S.28°45"W. a distance of 169.0 feet: 3. Thence S.79c58"W, a distance of 257.0 feet; 4. Thence S.09°02"W. a distance of 255:0 feet; 5. Thence S.28°"0"E. a distance of 163.0 feet; 6. Thence S.43°36'E. a distance of 263.0 feet; 7. Thence S.06°22"E. a distance of 105.8 feet; to the north line of a 2.07 acre tract. Tract B: the remaining 78 acres. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioner has County Commissioners of Garfield fall within the purposes of Part 1973, as amended, for the reason subdivision review, and demonstrated to the satisfaction of the Board of County; Colorado, that the proposed division does not 1, Article 28, Title 30, Colorado Revised Statutes that the impact created does not warrant further 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 tracts, that there is adequate ingress and egress to said tracts, 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; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 80 acre tract is hereby exempted from such definitions and said tract may be divided into tracts."A" and "B", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A" and "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO D-puty Clerk of the Board Chairman Upon- motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velascjuez Aye Flaven J. Cerise Aye Eugene Drinkhouse Aye Commissioners STATE OF COLORADO 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 Order is truly copied from the Records of the Proceedings 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 sald County, at Glenwood Springs, thio day of A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. N 4 N 3. 300.0 tti EXHIBIT 3 b 4 R !;.0' 44 4 4 t4 r14 k Eb w. t y N 4 k ti %t•M o P t1'ta 4 �4 (14 t Z rir1 14 3' § +r 4 Fred Jarman From: Jake Mall Sent: Thursday, March 09, 2006 2:54 PM To: Fred Jarman Subject: Martin Subdivision Fred: EXHIBIT I received the plat for the previous subdivision for part of this property and they included the 30 -foot deeded easement to the County. We have plans to improve Cr. 303 this year so we will want to follow up on the other owners that were in the first subdivision of the Martin property. Let me know if need more information. Thanks Jake B. Mall Administrative Foreman Garfield County Road and Bridge Dept. 3/9/2006 03/09/2006) 6258627 ROAD AND BRIDGF- G� F1 C3 C©NN ARY OCEEDINGS OF THE GARFIE DOUN Y BOARD OF COMMISSIONERS BOOING 7, 2002 Ply GARFIELD COUNTY, COLORADO REQUEST FOR APPROVAL FOR AN EXEMPTION FROM THE RULES OF SUBDIVISION LOCATED: SOUTH OF BA'T'TLEMENT MESA PUD a 0318 COUNTY ROAD 303, PARACHUTE, CO. APPLICANTS: MELBA M. AND HAROLD J. CARPENDER (1/2 INTEREST) AND GAIL L. MARTIN (112 INTEREST). Carolyn Dahlgren, Tom Stover, Linda Hansen local agent, Kit Lyon and Mark Bean were present. This is a public meeting and noticing was required. Carolyn reviewed the noticing with Tom Stover and determined they were in order and timely and advised the Commissioners they were entitled to proceed. Chairman Martin entered the notices, posting and publication into the record. Kit submitted the project information and staff continents saying this was a request for approval for an exemption from the rules of subdivision located south of Battlement Mesa PUD. This request for an exemption for a Subdivision on a 40 +1- acre tract south of the Battlement Mesa PUD. The site contains a portion of Stone Quarry and Monument Gulches. An existing house and shed occupy proposed Parcel One (1). She added that the Cotnmissioners have the discretionary power to exempt a division of land from the definition of subdivision provided such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The application is a request to divide the 40 acres into two (2) residential lots of approximately 20 acres each in size. Kit continued to review the major issues and concerns, staff recommended findings, and Recommendation: Staff recommends approval of this application with the following conditions. 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, 25 feet wide access to a public right of way, and any proposed easements for setback, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days (until 5/7/02) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption. 4. That the applicant shall submit the applicable School Site Acquisition fees for the creation of the exemption parcels prior to approval of the exemption plat. 5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be in compliance. 6. All recommendations made by the Grand Valley Fire Protection. District (GVFPD), in their letter dated 12/14/01, shall be followed for existing and proposed residences: A storage tank at least 2,500 gallons in size must be provided for residences 3,500 square feet or less, with sprinkler systems optional; Residences larger than 3,500 square feet must provide both adequate storage and a sprinkler system; Access/egress and defensible space shall meet the CSFS NEPA standard; Sprinkler systems shall adhere to NFPA 13D and shall be approved by the GVFPD and supplied from cistern; However, the applicant shall either provide the fire protection cisterns as part of the domestic water delivery system, or shall provide separate fire protection storage and evidence of the necessary legal water rights to fill said storage. 7. Only one access to the parcels from County Road 303 shall be provided and an access permit shall be obtained from the Road and I3ridge Department for the access. The access shall be maintained adequately to accommodate the weights and turning radiuses of emergency apparatus to permit access during adverse weather conditions. A legal road sharing agreement, which discusses all costs associated with the maintenance of the road, which will be responsible for paying these costs, and how' assessments will be made for these costs, shall be filed with the exemption plat.. A thirty-foot (30') right of way along the entire northern boundary of the property shall be dedicated to the property, and the fences shall be moved or removed in order to be consistent with the right of way boundaries. 8. Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used. 2. A well completion report demonstrating the depth of the well, the characteristics of the 03/09/2006 22:53 625862' ROAD AND BRIDGr" PAGE 02 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 draw clown and recharge; 4. A written opinion of the person conducting the wall test that this well should be adequate to supply water to two (2) dwelling units; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 9. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 10. A disclosure to all potential lot owners regarding the potential for mineral exploration and recovery must be included in the covenants, plat notes, and at the time of closing, in the event that the mineral rights have been severed_ 11. That the following plat notes shall appear on the Final Exemption Plat; "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid- fiael burning stove as defined by C. R. S. 25-7-401, et. 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." "Ail 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 lighting that goes beyond the property boundaries." "Only one further division of the 80 acre parent parcel (the NE'/. NW Viand the NW ' NE y¢ of Section 20, Township 7 South, Range 95 West of the 0 Principle Meridian) by exemption from the rules of subdivision is possible under the current regulations." "Any new buildings shall avoid areas of natural drainage. Natural drainages shall be preserved to the reiaxiamum extent possible." "All recommendations made by the Grand Valley Fixe Protection District shall be followed, A storage tank at least 2,500 gallons in size must be provided for residences 3,500 square feet or less, with sprinkler systems optional. Residences larger than 3,500 sq. ft. must provide both adequate storage and a sprinkler system. Access/egress and defensible space shall meet the CSFS NFPA 200 standard. Sprinkler systems shall adhere to NFPA 13D. Sprinklers shall be approved and supplied from cistern_" "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." "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 and Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." (it suggested a change to No. 6 dealing with the Fire Protection District Issues and suggested a change to the last sentence at the top of page 6, which starts "however, the applicant shall either provide fire protection cisterns as part of the domestic delivery system or shall provide separate fire protection storage" and strike out the rest of that sentence that say "evidence, etc. and replace it with "the cistern waters shall be used far no other purpose than fire protection." Tom Stuver said they have no dispute with the staff report. Discussion was held with respect to the total frontage road verifying it was V, mile on CR 303. is'/., The existing driveway comes in north of the existing home — an interior drive would be a 600' driveway; other restrictions in the County that discourages this long of a driveway. Their request is that the Board not 03/09/2006 22:53 6258627 ROAD AND BRIDGE PAGE 03 require a joint driveway. Width is 30' from centerline; the plat shows 21' from the fence line. If 30' were dedicated from the centerline that would be satisfactory. Kit verified that is the recornniendation. Tom Stuver said removing the existing fences is not an immediate requirement — it is in pasture and would request holding off until the road would be widened. Kit corrected the school acquisition fees were incorrectly stated in the staff report and should be $200 not $400. Chairman Martin asked for clarification if this action would create a future land -locked situation and referenced a potential request that would include use of CR 303 versus 354. Tom Stuver said this forty -acre came off of an $0 -acre parcel of CR 303. Chairman Martin said they might be asking for a 60' right of way. Carolyn Dahlgren mentioned having a deeded right of way versus a plat note in order to clarify nature use. Torre suggested showing the dedication and accompanying deed with a right of way deed Carolyn explained that the exemption. Mark had discussion with John Savage, the Hunts and Don DeFord; Don agreed a deed was the most appropriate way to deal with a right of way. Tom would like to see some appropriate language be made available to them. Mark mentioned, the access as approved is the only access approved and any amendment would require further review. One access is being requested. Condition No. 7 would need to be changed to prevent an additional access. Motion A motion was made by Commissioner McCown and seconded by Commissioner Stowe to approve the rules from the subdivision regarding the Carpenter/Martin exemptions with conditions of approval recommended by staff with corrections noted to No. 6 to read "however, either the applicant shall either provide the fire protection cisterns as part of the domestic delivery system or shall provide a separate system; No. 7, would change that to read "will allow one additional access to Parcel Two (2) along with \ 3 J' right of way from the section line or centerline of the roadway, shall be dedicated to the property and \ the fences shall be moved or removed in case of a change of use or the need to improve the roadway. Commissioner Stowe — second. Kit requested clarification on the fences being moved or removed, Commissioner McCown — when a change of use occurs or the need to improve the roadway, widen, improve, whatever, any improvement or changes to the roadway. Carolyn Dahlgren — on No. 7 do we also need to remove some atilt language about a legal road sharing agreement? Commissioner McCown amended his motion to remove the wording mentioned by Carolyn in Condition No. 7 and Cominissioner Stowe amended his second clarifying in No. 7 "removes a legal road sharing agreement but leaves the emergency turn -around for fire equipment," Motion carried. FeiUOw up by Building and Planning on County Road 354 Chairman Martin — we still need to research this area on those properties that in that area on the Subdivision that was in 1981 and it had access off 354 road but 354 road does not go in so they had a secondary access off 303. The name of the Subdivision is unknown but it was a piece of evidence by Mr. Mulhall. This may cause us considerable grief in the future. He has a plat as an exhibit in his case, but we did not get a copy. JULY 15, 2002 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFFIELD COUNTY, COLORADO c. Sign a Resolution of Approval and Subdivision Exemption Plat for Carpenter/Martin EXHIBIT STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80207 Phone (3031866-3581 FAX(303)866-3589 December 22, 1993 POLICY MEMORANDUM 93-4 Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson Stale Engineer SUBJECT: Use Restrictions for Permits Issued as the Only Well on 35+ Acres The following standards are adopted as policy to provide for the consistent evaluation and conditioning of applications for new well permits and requests to amend the use of existing wells approved as the only exempt well on a tract of 35 acres or more under the provisions of Section 37-92-602(3)(b)(Il), Only wells outside designated ground water basins are affected. This policy becomes effective January 1, 1994 and shall be modified or revoked only in writing, 1. New well permits approved pursuant to Section 37-92-602(3)(b)(iI)(A) as the only well on a tract of 35 acres or more and for use as described in 37-92-602(1)(b), shall be conditioned to provide for all the uses described in that subsection, including use in up to three (3) single-family dwellings, regardless of whether or not the applicant requested any specific number of dwelling units or all the other uses. Provided that if the only use requested is watering of livestock on a farm or ranch such permit will limited the use to only watering of livestock on a farm or ranch. 2. Requests to amend existing well permits, issued under the provision of Section 37-92- 602(3)(b)(II)(A) [ or 602(3)(b)(II) ] as the only well on a tract of 35 acres or more, to allow use for all or any of the uses described in Subsection 37-92-602(1)(b), including use in up to three single-family dwellings, shall be approved provided the documents indicated below are submitted. No fee shall be charged for this service. A request to amend is appropriate any time the condition of approval uses are Tess than or not specific to the use desired. a. A letter, signed by the applicant, requesting the permit amendment and addressing the uses desired, b. If the applicant for the amendment is not the original applicant of record in the Division's files, an application fora change in ownership/address (Form No. GWS - 11) and a copy of a deed showing that they are the owner(s) of the 35+ acres described in the existing well permit. c. A legal description of the 35+ acre tract, if that information has not already been provided. al D. Simpson State Engineer HDS/SPL/sl Policy 93-4 Page 2 December 22, 1993 CONSIDERATIONS AND BACKGROUND FOR POLICY MEMO 93-4 PROBLEM A procedure adopted in 1981 or 1982 required all permits, approved under the provisions of Sections 37-92-602(3)(b)(II) as the only well on a tract of 35 acres or more, to be limited to serving one single- family dwelling unless specifically indicated otherwise in the application. This has resulted in additional work and expense for the Division, and additional expense for the well owners when applications for extended use of the existing wells were required. DISCUSSION The existing procedure was a response to a belief that if we did not limit use on these 35+ acre tracts to only one dwelling, a proliferation of divisions of land would occur from counties exempting certain divisions of land. This would result in an increased potential for injury to other water rights in overappropriated systems. It has been the Division's experience that our restrictions did not result in a reduction of the number of divisions of land that were occurring, and that our procedure only forced well owners to apply for permits to extend the use of their existing wells, which would then be approved since the Division did not find that there was sufficient evidence of injury to overcome the presumptions as provided in Section 37-92- 602(3)(b)(II)(A). This ultimately only resulted in increased work for the Division in approving well permits whose cost is not fully funded by the well permit application fees. SOLUTION Three options appear to be available. 1, Continue the current procedure of limiting to one dwelling, unless otherwise requested, and require filing of an application to expand the use of the well. 2. Establish a new policy that will a:low approval for up to three single family dwellings, for all new permits approved for domestic type use on 35+ acre tracts, and will allow for amending existing permits. 3. Revoke the current procedure concerning new well permits, but do not adopt a new policy. RECOMMENDATION The Second option appears to be the most reasonable since it provides clear direction to the staff and public, and reduces costs. 03/10/2006 13:50 FAX 970285029° TOWN OF PARACHUTE ADMINISTRATION PO Box 100 222 Grand Valley Way Parachute, CO 81635 Telephone: (970) 285-7630 FAX: (970) 285-0292 email: parata a@ parachutecolorado,com Z 002/002 Town Administrator Town Clerk/Treasurer Juanita Satterfield, CMC March 10, 2006 Garfield County Building & Planning Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 RE; Martin Exemption The Martin Exemption Application was reviewed by the Town of Parachute Board of Trustees at their regularly scheduled meeting March 9, 2006. The Board expressed no objections or concerns, T ; • ou, 0 h' atterfield '7 SPECIAL USE PERMIT Marl M. Martin Mobile Home Special Use Permit In accordance with and puruant to the provisions of the Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 02 - 0(0 of the .Board of County Commissioners of Garfield County, Colorado, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: to place a mobile home as a principal use on the lot on the following described tract of land in Garfield County, Colorado: a 2.07 acre tract of land in the NW TES Section 20, T7S, R95W, 6th Principal Merid; an in Garfield County, Colorado. The within Special Use Permit is issued subject to the conditions set forth in the•above-mentioned resolution, and shall be valid only during compliance with such conditions anti other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County. Chairm Garfield County.Board of Commissioners • STATE OF COLORADO ss County of Garfield regular At a mselet`'t�tg pf the Board of County Commissioners for GTO: County, Colorado, held at the Court House in Glenwood Springs on adY the . 4tYl day of JanuaryA. D. 1982there were present Larry Velasquez .,.Flaven...jj. Cerise Eugene Drink house Earl G. Rhodes Leanne Cleland, Deputy when the following proceedings, among others were had and done. [o•wiG RESOLUTION NO. 82-06 , Commissioner Chairman , Commissioner Commissioner County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY MARL M. MARTIN. WHEREAS, the Board of County Commissioners of Garfield County has received an application from Marl M. Martin for a special use permit for a mobile home as princi- pal use of a lot on the following described tract of land: A 2.07 acre tract of land in the NW'NE' Section 20, T7S, R95W, 6th Principal Meridian in Garfield County, Colorado. . WHEREAS, puruant to required public notice the Board conducted a public hearing on the I3th day of April, 1981, upon the question of whether the 'above described sFecial use permit should be granted or denied, at which hearing the public and interested agencies and persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and .WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing has made the following determination of fact: i. The proposed use is compatible, with the uses existing.and permitted in the district in.which it is to be located, provided that certain hereinafter contained conditions be complied with. 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use.will be injurious to the established neighborhood or zone district in which the special use is proposed to be located. NOW, THEREFORE, BE IT RESOLVED by the County Commissioners of Garfield County, Colora-io, that a special use permit be and hereby is authorized permitting the use of the above described tract of land for a mobile home as a. principal use of the lot, upon the following specific conditions: 1. That the use of the tract of land comply with all present and future regulations of Garfield County relating co the location and use of mobile homes in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there. may exist a principal use, unless such other such principal use has been terminated at the'time of the issuance of the special use permit. ATTEST: 'rte • ✓yt�Y1 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO puty Clerof the Board ' Chairman Upon motion duly mad[ and seconded the foregoing Resolution was adopted by the frill .Larrry... Ve.lasquez.. Aye ..Ceri se Aye .Eugene...Drink.house. Aye • STATE OF COLORADO County of Gat field Commissioners County Clerk and ex.officio Clerk of the Board or County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied front the Records c: the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, el Glenwood Springs. this day of _,A.D.19 County Clerk and ex.officio Clerk of Jhe Board of County Commissioners. Job Address Nature of Work Use of Building Owner N2 04784 GARFIELD COUNTY BUILDING, SANITATION and PLANNING DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81501 (303) 94$-8212 0318 303 Road, Parachute Building Permit Replace Mobile IiOne . Mari Martin Cc -tractor Owner An,ountofPermit: $ )1300-00 White-Treas. Canary -Office Pink - Applicant Gold -Duplicate Permit: 100.00 Date. June 4, 193 S. Archuleta Clerk • Assessor's Parcel # 2¢0 TO BE FILLED OUT BY 0 GARFIELD COUNTY APPLICATION FOR BUILDING PERMIT please print or type chu PERMIT DATE BER APPLICANT ADDRESS SUBDIVISION Q3 9 3a R Y.a.. Gl1 4f FILING TAX SCHEDULE P LEGAL (SEC/TW.N/RNG) LOT it BLOCK # NA'!E 7`f Q . MAILING ADDRESS 03/ B 6 CITY Eek -g G 1 cThf PHONE ,F_0 $12.99a � a F ADDRESS NAME CITY 0 NAME242 ADDRESS CITY °!ZONE PLOT PLA11014FasuDwklar�,; NOTE: Show easements, property line dimensions, all other structures,,specify north, and street name. For odd shaped lots, or if space is too small, provide separate plot plan. OF BUILDINGS NOW ON PARCEL USE OF BUILDINGS NOW ON PARCEL v ey T1ifijS d 3 -Q 4, d c06tfie�c ( CZ/.e LICENSE {+ S �✓ 6L E (-� 11" Ltn/ta.++ �cJ CLASS OF WORK 'dEW ALTERATION DEMOLISH REPAIR 'IOBILE HOME (make/model) S.F. OF BUILDING ?t OF FLOORS ADDITION MOVE if OF FAMILY UNITS INTENDED USE OF BUILDING S.F. OF LOT HEIGHT OF BEDROOMS GARAGE: SINGLE DBL CARPORT: SINGLE DBL FIREPLACE — — — WATER SUPPLY DOCUMENTS ATT�.AyG�RBI ) zh. DRIVEWAY PERMIT SITE PLAN BUILDING PLANS SANITARY SEWER CLEARANCE ON SITE SEWAGE DISPOSAL PERMIT „, J4 -,),I, OTHER DOCUMENTS (specify) FRONT PROPERTY LINE STREET NAME/ROAD NUMBER CHECK IF CORNER LOT DESCRIPTI N OF WORK PLAN fIE fieye �. ;,,,;(¢2GSI I hereby acknowledge that 1 have read this application and the above is correct and 1 agree to comply with all county ordinances and state laws regulating building construction SIGNATURE _ 451, r_ i•_ - FOR OFFICE USE ONLY VALUATION Fr PERMIT FEE $ /0p, o d PLAN CHECK FEE $ / TOTAL FEES e — SCHOOL IMPACT FEE $ DATE PERMIT ISSUED ZONING DISTRICT TYPE OF OCCUPANCY f/feed 1� -� TYPE OF CONSTRUCTION 7 10//C S.F. OP BUILDING ' e S.F. OF LOT MAX. HEIGHT r+. -/r ROAD CLASS. SETBACKS FROM PROPERTY LINE: FRONT REAR RIGHT LEFT 1' OFF STREET PARKING SPACES REQUIRED FLOOD HAZARD CERTIFIED BLDG ELEVATION SPECIAL CONDITIONS PROBLEMS WITH PERMIT ADDITIONAL INFORMATION NEEDED CERTIFIED BY COLORADO REGISTERED LAND SURVEYOR OR ENGINEER PLANNING DEPARTMENT DATE 03/10/2006 13:49 FAX 9702830299 0 001/002 lt�+ KI EKKAL J UKM Garfield County Building and Planning 108 8`'' Street, Suite 401, Glenwood Springs, (970) 945-8212/Fax; (970) 384-3470 post-ir Fax Note liFFAms.._. Department r; ' / j CO 81601 -hone 11 ► --`� 7671 d j eife of ' , , r -- •' , ,1 • , . N[� �1�/i/AF �i ' . +-hone# Fnxn- � �.3 A Fax File Name(s) Project Name(s) _ ... , . Martin, Mickey M., Marl M. & Patricia L. Exemption Same Exemption from Definition of Subdivision Staff Planner: Fred Jarman (fret arman@garfield-county.com) Phone: (970) 945-8212 Applicant: Mickey M. Martin, Marl M. Martin & Patricia L. Martin. Phone: y Contact Person: John Savage, P.C. Attorney for Applicants. Phone: (970)625-1470 Location: 700 CR 303, Parachute, CO, Sec. 20, T 7S, R 95W. Summary of Request: Request to.subdivide 40 acres into 2 tracts. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Monday, March 13, 2006. ZAR,FIEW covNTr , ' , , r -- •' , ,1 • Srhtx,1 11 -em fel Rnq & Brid e 111.11111111.1111.11 IIIIIMMIIIIMIIMI Court Atonic 41 Ir • •' it 111 , , : ■ t Gado *ical Survn (Pec) Health mumn: F4teSt Servie (P c1 wildlife D1viRlon • Public Service Ho! Cross E..lectric Silt/New CasilcfRille Fire Digtrict - 1 Planning Commission I BOCC _... �.. COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0601061 1. Effective Date: January 20, 2006 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: Gerald Cook (b) ALTA LOAN POLICY (10-17-92) Proposed Insured: Mickey M. Martin $125,000.00 $112,500.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Marl M. Martin and Patricia L. Martin as to an undivided 50% interest and Mickey M. Martin as to an undivided 50% interest 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Township 7 South, Range 95 West of the 6th P.M. Section 20: W1/2NW1/4NE1/4 COUNTERSIGNE TITLE CHARGES Owner's Policy Standard Coverage Mortgagee's Policy Tax Certificate American Land Title Association Schedule A (Rev'd 6-86) k\F-01-v, Authorized Officer or Agent db $525.00 40.00 15.00 Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0601061 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Marl M. Martin and Particia L. Martin as to an undivided 50% interest and Mickey M. Martin as to an undivided 50% interest vesting fee simple title in Gerald Cook. 2. Deed of Trust from Gerald Cook to the Public Trustee of Garfield County for the use of Mickey M. Martin. 3. Recordation of a good and sufficient resolution from the Board of County Commissioners of Garfield County approving a subdivision exemption for the subject property. NM 6 American Land Title Association Commitment Schedule B - Section I - Form 1004-5 File No. 0601061 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 14, 1896 in Book 12 at Page 415. 10. Right of way easement conveyed to Western Slope Gas Company in instrument recorded November 1, 1962 in Book 345 at Page 242. 11. Right of way easement granted to Holy Cross Electric Association in instrument recorded May 15, 1981 in Book 571 at Page 906. 12. Agreement recorded December 29, 1981 in Book 589 at Page 443. 13. Terms and conditions of Garfield County Resolution No. 82-05 recorded January 8, 1982 in Book 590 at Page 150. 14. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 15. Terms and conditions of Oil and Gas Lease by and between Mickey M. Martin, as Lessor and Tom Brown, Inc., as Lessee, recorded July 8, 2004 in Book 1603 at Page 273 and any and all interests therein or assignments thereof. 16. Terms and conditions of Oil and Gas Lease by and between Marl M. Martin and Patricia L. Martin, as Lessor and Tom Brown, Inc., as Lessee, recorded July 8, 2004 in Book 1603 at Page 275 and any and all interests therein or assignments thereof. 17. Right of way for County Road No. 303. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE N/A TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 Report Date: 01/19/2006 04:03PM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 2006000258 SCHEDULE NO: R006656 ASSESSED TO: MARTIN, MARL M. & PATRICIA L. 1/2 INT MARTIN, MICKEY M 1/2 INT 700 COUNTY ROAD 303 PARACHUTE, CO 81635 ORDER NO: 0601061 VENDOR NO: 2 COMMONWEALTH TITLE P.O. BOX 127 127 EAST 5TH STREET RIFLE, CO 81650 LEGAL DESCRIPTION: SECT,TWN,RNG:20-7-95 DESC: NWNE PRE:R270270 BK:590 PG:150 BK:0495 PG:0334 BK:0241 PG:0267 BK:1212 PG:470 RECPT:570820 PARCEL: 2407-201-00-170 SITUS ADD: 000700 303 COUNTY RD PARACHUTE TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 14.74 0.00 0.00 0.00 14.74 TOTAL TAXES 14.74 GRAND TOTAL DUE AS OF 01/19/2006 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 027 16-DHFZ Authority Mill Levy Amount GARFIELD COUNTY 7.163 2.87 GRAND VALLEY FIRE 3.267 1.31 COLO RIVER WATER CONS 0.230 0.09 WEST DIVIDE WATER CON 0.099 0.04 GRAND RIVER HOSPITAL 4.487 1.80 GRAND VALLEY CEMETERY 0.050 0.02 SCHOOL DISTRICT 16 6.606 2.64 COLORADO MTN COLLEGE 3.997 1.60 GARFIELD ROAD & BRIDGE 1.653 0.66 GARFIELD HUMAN SERVICES 1.443 0.58 GARFIELD CAP EXPEND 3.396 1.36 SCHOOL DISTRICT 16 BOND 3.330 1.33 GRAND RIVER HOSPITAL BOND 1.110 0.44 TAXES FOR 2005 36.831 14.74 14.74 Values AGRICULTUR AGRICULTUR TOTAL 2,990 400 Actual Assessed 750 220 2,240 180 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, 2006, REAL PROPERTY - OCTOBER 1, 2006 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 19th day of January, 2006. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 NOT CE TAKE NOTICE That IA.41 PAp-r-k-itA has applied to the Soar44 CouttiVi Garfield, County pursuant to r ,Secii'�ov� 5:00 of 'the. Sald:va.`••,., 1Pothrk,;•.. Ar•-nt•ivx C0A►s.io rS St M • .1.446.40.64% itkoott4;vv. 9-eivi4•14iivt if 't8'1j as to allow: tilt. SJ:i'ovt 6Ey. 4,o .F a. mo ?owettA% 2-o e04.14 • 4raA- on this property. A public 4eck.rivt will be held in the Kwirkta .n: i.ou„ 613kAle:4 ‘Ost et4PI S-14 etk Glenwood Springs, Colorado on 4rc#Li Zor zoo, (date) at 1.7.5 /7. M. on this application Pechok-d 1 PLx.,- (time) Date Notice Was Posted: By: For additional information, contact the i at TY 6L/2 or , 108 8th St. Suite 9o1', Glenwood Springs, CO 81601 February 8, 2006 John Savage, P. C. P. O. Box 1926 Rifle, CO 81650 RE: Exemption from the Definition of Subdivision Dear John, Garfield County BUILDING & PLANNING DEPARTMENT The purpose of this letter is to notify you that the application you submitted for an Exemption from the Definition of Subdivision has been deemed technically complete. Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, finding of adequacy of the application, or a finding of general compliance with any regulation within the Garfield County Subdivision Regulations and Zoning Resolution. The application will be reviewed by Staff, a staff report will be generated and sent to you, and the Board of County Commissioners will discuss and review the application at a public hearing which has been scheduled for the regular meeting of March 20`h, 2006 at 1:15 PM. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process, the Applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If correet noticing requirements have not been met, the meetings cannot be held. Notice for the meeting shall be given as follows: 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 2. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 hundred feet (200') of the subject lot, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. I have enclosed the appropriate notice and poster with this letter for the Board of County Commissioners meeting as mentioned above for your convenience. Please note, Staff has provided these documents as a courtesy. The Applicant must verify that all information provided in these documents is correct. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. In addition, please submit 14 copies of the full application materials to this office no later than February 20th, 2006. Please do not hesitate to contact this office should you have any questions. Very truly yours, Fred Jarman, AICP Assistant Planning Director 970.945.8212 enclosure(s) Notice Poster & legal public notice 2 PUBLIC NOTICE TAKE NOTICE that Marl L. Martin and Patricia L. Martin as joint tenants and Mickey M. Martin, each having an undivided 1/2 interest in the subject property, have applied to the Board of County Commissioners, Garfield County, State of Colorado, to request an Exemption from the Definition of Subdivision, pursuant to Section 8:00 of the Garfield County Subdivision Regulations of 1984, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description See the attached legal description Practical Description The subject property is located approximately 2 miles SW of Parachute, CO on County 30S in the NW 'A of the NE 'Aa of Section 20, Township 7 South, Range 95 West of the 6`h PM, Garfield County. Request Description Said subdivision exemption will create a total of 2 parcels of land from approximately 40 acres of land. All persons affected by the proposed Subdivision Exemption are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the land use request. This application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, March 20`h, 2006, at 1:15 P.M., in the County Commissioners Chambers, Garfield County Plaza Building, Suite 100, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 Late Sent: February 14, 2006 Return Requested: March 13, 2006 File Name(s) Project Name(s) Type of Application(s) Martin, Mickey M., Marl M. & Patricia L. Exemption Same Exemption from Definition of Subdivision Staff Planner: Fred Jarman (fredjarman@garfield-county.com) Phone: (970) 945-8212 Applicant: Mickey M. Martin, Marl M. Martin & Patricia L. Martin. Phone: Contact Person: John Savage, P.C. Attorney for Applicants. Phone: (970)625-1470 Location: 700 CR 303, Parachute, CO. Sec. 20, T 7S, R 95W. Summary of Request: Request to subdivide 40 acres into 2 tracts. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Monday, March 13, 2006. GARFIELD COUNTY School District Road & Bridge County Attorney COLORADO STATE Water Resources Geological Survey (Fee) Health Department Forest Service (Fee) Wildlife Division SERVICE DISTRICT II S West Public Service Holy Cross Electric G.S./Carbondale Fire District Silt/New Castle/Rifle Fire District Soil Conservation District Planning Commission BOCC Please Mend Application to the Following Referral Agencies Application Name: 414w-61 _ic-ovtia-i Date Application Sent: �} / tg j'o Mt. Sopris Soil Conservation District tT( J Bookcliff Soil Conservation District Town of DeBeque City of Rifle Town of Basalt Town of Carbondale City of Glenwood Springs Town of New Castle Town of Silt Town of Parachute Eagle County Planning Department Rio Blanco County Planning Department Pitkin County Planning Department Mesa County Planning Department Burning Mtn. Fire District Town of Silt Fire Department Rifle Fire Protection District ji Grand Valley Fire Protection District ✓ Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -1 School District RE -2 School District X School District 16 Carbondale Sanitation District Battlement Mesa Metropolitan District Spring Valley Sanitation District West Glenwood Sanitation District Mid -Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork, S. of Co. River west) Public Service Company (N of Co. River west) KN Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Communications (N.C., Silt, Rifle) US West Communications (Rifle, B.M., Parachute) AT&T Cable Service Colorado State Forest Service Colorado Department of Transportation Colorado Division of Wildlife (GWS Office: Canyon Creek East) Colorado Division of Wildlife (GJ office: Canyon Creek West) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colorado Geological Survey (Need prepay form) Colorado Water Conservancy Board Colorado Mined Land Reclamation Board Bureau of Land Management Department of Energy — Western Area Power Admin. Bureau of Reclamation — Western Colorado Area Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority J 11 Garfield County Road & Bridge (Dist. 1: Canyon Creek East, Dist. 2: Canyon Creek West and N. of I-7 Dist. 3: S. of I-70) Garfield County Vegetation (Steve Anthony) Garfield County Housing Authority (Ganeva Powell) Garfield County Engineer (Jeff Nelson) Garfield County Oil and Gas Auditor (Doug Dennison) Garfield County Sheriff Department (Lou Valario) 14 Garfield County Attorney ✓ Engineering: Ditch Companies: