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Home My WebLink About4.0 Resolution 2007-1271111 VINT, Pi 11 11 1 Reception#: 739026 12/11/2007 02:18:40 PM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA'1'h 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, Monday, the 7th day of May, A.D. 2007, there were present: John Martin (absent) , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , 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. 2 0 0 7 -12 7 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERY OWNED BY THE COLORADO ROCKY MOUNTAIN SCHOOL, INC LOCATED IN SECTIONS 28 AND 33, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PM a3cf3-33! _ 00 -1)1 Parcel ID: WHEREAS, the Colorado Rocky Mountain School, Inc. 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 295.35 -acre property into two lots having 5.65 acres and 289.7 acres respectively; WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district and is also located in Study Area 1 of the Comprehensive Plan of 2000 in an area designated as "low density residential"; WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by 1111 In WI* ,14141111 4104 11111 Reception#: 739026 12/11/2007 02:18:40 PM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • exemption 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, 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." 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 WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following deteuliination 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 were heard at that meeting; 3. The above stated and other reasons, the proposed Exemption from the Definition of Subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; and 4. The application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED that the division of the above described tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed as parcels of the Colorado Rocky Mountain School Exemption and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been satisfied. 1111 Fill PITIO,AJI Mitt Al?1, 11 III Reception#: 739026 12/11/2007 02:18:40 PM Jean Rlberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 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 exemption 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 exemption, 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. -3- ukx RN to Reception#: 739026 12/11/2007 02:18:40 PM Jean Alberico 4 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO • 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" put out by the Colorado State University Extension Office in Garfield County." 3. Prior to the signing of the exemption plat the Applicant shall submit the results of a water quality test on the existing well on the 5.65 -acre tract conducted by an approved testing laboratory in order to meet State guidelines concerning bacteria, nitrates and suspended solids. 4. The property is located in the RE -1 School District which requires the payment of a $200.00 school site acquisition fee for each new lot created. 5. The property is located in the Carbondale Fire Protection District which requires the payment of a $437.00 development impact fee for each new lot created. 6. Unless the Applicant can demonstrate that right-of-way has already been granted to Garfield County, the Applicant shall convey a 60 -foot right-of-way to the County measured 30 -feet from each side of the centerline of County 106 for the length of the County Road that passes by the new 5.65 acre lot. 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 exemption plat materials. Further, with prior notice by the Garfield County Road and Bridge Department and prior to the construction of any upgrades to County Road 106 requiring the use of the 60' Right-of-way easement, the property owner shall remove all berms, fences, brush or other impediments to the road upgrades at the current property owner's expense. ATTEST: L,CZr'1 CX.Lv ctic-G 1 of the Board GARFIELD COUNTY BOARD OF COMMISSIO RS, GARFIELD COUNTY, C DO 4 1111n i" 1'1TMNil � � �L LI�i�1�i �I�rui 11111 Reception#: 739026 12/11/2007 02:18:40 PM Jean falberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN CO1vI1v1ISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , (Absent) , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5