HomeMy WebLinkAbout2.0 Resolution 2010-94■III �Y�� NhiY M' rI4L 'I I? `Nirl#�ti`IY'1I'ift,l l��� •I 111
Reeeplionk#' 796109
/2/2112010 10:1124 RM Jean Alberico
1 of 8 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building,
in Glenwood Springs on (ion da 1 , the 20`.`' day of --bec re, b , 2010,
A.D., there were present:
John Martin , Commissioner Chairman
Tresi Houpt , Commissioner
Mike Samson , Commissioner
Don DeFord , County Attorney
Jean Alberico , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others, were had and done, to -wit:
RESOLUTION No. 2010-94
A RESOLUTION CORRECTING RECORDS TO THE APPROVAL GRANTING AN
EXEMPTION FROM THE DEFINITIONS OF SUBDIVISION IN THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND
OWNED BY DOW AND KATHARINE RIPPY (RECORD RANCH)
WHEREAS, on the 10th day of October, 2005, the Board of County
Commissioners of Garfield County, Colorado ("BOCC") approved the above -referenced
subdivision exemption for the Record Ranch. This approval was incorporated within
BOCC Resolution No. 2005-79 recorded in the records of the Clerk and Recorder for
Garfield County, Colorado, as Reception No. 684067 ("Resolution of Approval"). A
copy of the Resolution of Approval is attached hereto and incorporated herein as
Exhibit A; and
WHEREAS, the Resolution of Approval contained a scrivener's error;
specifically, the Resolution of Approval incorrectly identified access to Lot 3 as
extending from County Road 311 when, in fact, such extension was and is presently
provided as extending from County Road 343; and
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12/2112010 10:11:24 RM Jean Plberioo
2 of 8 Reo Fee:$0.00 poo Fee:0.00 GARFIELD COUNTY CO
WI{EREAS, the BOCC now desires to correct the Resolution of Approval as
recorded in the Clerk and Recorder's office to appropriately reflect access to Lot 3 as
extending from County Road 343 as opposed to County Road 311.
NOW, THEREFORE, BE IT RESOLVED by the BOCC as follows:
Paragraph 2 of Resolution No. 2005-79 is hereby amended in its entirety to read
as follows:
2. The applicant shall be required to provide a 25' wide access easement
from County Road 343 to Lot 3, to be defined and depicted on the Plat.
DATED this day of-- , 2010 A.D.
ATTEST:
L.. rr O,L
erk of the Board
GARFIELD COUNTY BOARD OF
OUNTY C SSIONERS,
Y, COLORADO
Upon motion duly made and seconded, foregain; " •solutio as adopted
by the following vote:
COMMISSIONER tali r\
COMMISSIONER 401.4-p+
COMMISSIONER 5a Yri s o n
STATE OF COLORADO
)ss
County of Garfield
, Aye
Aye
Aye
I, , County Clerk and .ex -officio Clerk of
the Board of County Commissioners, in and for the County and State aforesaid, do
hereby certify that the annexed and foregoing Resolution is truly copied from the
Records of the Proceeding of the Board of County Commissioners for said Garfield
County, now in my office.
2
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2/21112010 10;11:24796109
0;11 240Qm Jean Rlpericc
3 of 6 Ren Fee;$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County at Glenwood Springs this day of , A.D. 2010.
County Clerk and ex -officio Clerk of the Board of County Commissioners
3
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Reception#: 796109
12/21/2010 10:11:24 RM Jean Alberico
4 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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1 of 4 R 0.00 D Lee GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of theBoard of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs
On, Monday, the I06 day of October, 2005, A. D. there were present
John Martin , Commissioner Chairman
a7 rvJ.VlcCown . Commissioner
Tresi Houpt , Commissioner
Doo De?ord , County Attorney
Mildred Alsdorf , Clerk of the Board
Bd [Jaen , County Manager
when the following proceedings. among others were had and done, to -wit
RESOLUTION NO. 2005-79
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVFS/ON
REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED BY DOW AND
KATHARiNE RJPPY (RECORD RANCH)
WHEREAS. Dow and Katharine Rippy petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and
"subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision
Regulations of Garfield County Colorado, adopted April 23,1984. Section 8:00 through 8:60 and for
.the division of a 145.710 acre tract into three (3) tracts. as legally described on the Record. Ranch
Subdivision Exemption Plat with Lot 1 having 10,777 acres, Lot 2 having 14.619 acres and Lot.3
having 120.314 acres; and
WHEREAS, the property is located within the Agricultural/ Residential 1 Rural Density
(A/R/RD) zone district and is also located in Study Arca 11 of the Comprehensive sive Flan of 2000 in an
arca designated as "outlying residential"; and
WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that
"No more than a total of four (4) Jots, parcels, interests or dwelling units will .be created from any
parcel, as that parcel was desc ribedin the records of the Garfield County Clerk and Recorders Office
on January 1,1973, and is not apart ofarecorded subdivision; however, any parcel to be divided by
exeurpdon that is split by a public right-of-way (State or Federal highway, County road or railroad)
preventing joint use of the proposed tracts, and the division occurs along the public right-of-way,
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Reception0: 796109
12/21/2010 10:11;24 AM Jeer Alberico
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684067 10/1112005'09:33A 01734 PBOS Pt ALSDORF
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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 landthltty-five (35) acres orgreazer
in size, created after January 1, 1973, will count as parcels of land created by exemption since
January 1, 1973."
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that. the division does not warrant further subdivision review; and
WRREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that
the location of septic tans will, he 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 ofthe Subdivision Regulations of the State of Colorado and the County
of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973, 30-28-101(10) (a) -(d), as amended; and
WHEREAS, the Board ofCounty Commissioners of Garfield County. Colorado, on the basis
of substantial competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. Proper public notice was provided as required for the hearing before the Board of County
Commissioners;
2_ The hearing before the Board of County Commissioners was extensive and.complete, all
pertinent facts, matters and issues were submitted, and all interested parties wore heard at
that meeting;
3. The above stated and other reasons, the proposed Exemption front the.Defin€tion of
Subdivision is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County; and
4. The application 1s in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
5. The application is in conformance with the Garfield County Subdivision Regulations of
1984, as amended. .
NOW THEREFORE, BE IT -RESOLVED, that the division of the above described
145.7I0 acre tract is hereby exempted from such definitions with the conditions set forth below and
may be conveyed in the form of the "Lots 1,2 and 3 of the Record Ranch Subdivision
Exemption", as are more fully described above and that a copy of the instrument or instruments of
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12/21/2010 10:11:24 AM Jean Alberico
0 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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664067 10/11/2005 09:33n B1734 F697 t ALSOORF
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conveyance when recorded shall be filed with this Resolution and that the foliowingcondltions of
this approval required by the Board of County Commissioners have been completed.
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. The Applicant shall be required to provide a 25 ft. wide access easement from County Road 311
to Lot 3, to be defined and depicted on the plat
3. The applicant shall have 120 days from the date of this approval. to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption;
4. That the following plat notes shall appear on the Final Plat-
a. No further divisions by Exemption from the rules of Subdivision will be allowed
b. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stave as defied by C.R.S, 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be. allowed an unrestricted number of natural gas burning stoves and
appliances.
c. All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
d. Foundations and Individual Sewage Disposal Systems shall be engineered by R
Professional Registered Engineer within the State of Colorado.
e. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and
smells of Garfield County's agricultural operations as a normal and necessary aspect of
living in a County with a strong rural character: and a healthy ranching sector.. All must
be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery
on public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments,
' herbicides, and pesticides, any one or more of which may naturally occur as a part of a
legal and non -negligent agricultural operations.
f. 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' in
accordance with zoning, and other aspects of using and maintaining property_
Residents 'and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" pat out by the Colorado State University Extension Office in Garfield
3
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Reception#: 795109
12/21/2010 10:11:24 AM Jean A14erioo
7 of 8 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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684067 10/11/2805 89:33A M734 1+888 >i RLSDORF
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g..One (l) dog will be allowed for each new residential unit within the subdivision
exemption and the dog shall be recliiired to be confined within the owner's property
boundaries.
Dated this 10th day of October, 2005 A.Q.
ATTEST:
oot,H INk��..• ,,'
•
dam Ogajol.
ex etitheBoO •
• "It , alpealinotion duly made and seconded the foregoing
following vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, CO QAA-1.i'O
COMI IS,SJONER CHAIR »IN F. MART . Aye
COMM: SSLONfiR LARRY LMCCOWN , Aye
COMMLSSIONBR TR SI IHOUPT , Aye
STATE OF COLORADO )
)ss
County of Garfield )
. I. , County Clerk and ex -officio Clerk of the Board of
County Conzoissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County.,now in my office:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this _ day of , A.D. 2005.
County Clerk and ex -officio Clerk of the Board of County Commissioners
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