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HomeMy WebLinkAbout3.0 Resolution 2005-7711111111111111111111111 1111001111111 III 111111111111 683634 10/04/2005 02:31732 P872 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STA 1'E 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 6th day of June, 2005, A. D. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 20 0 5- 7 7 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 35.789 -ACRE TRACT OF LAND OWNED BY DANNA B. KNOX WHEREAS, Danna B. Knox 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 35.789 -acre tract into two (2) tracts as legally described on the Danna B. Knox Subdivision Exemption Plat with Lot 1 having 29.301 acres and Lot 2 having 6.488 acres; and WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district and is also located in Study Area III of the Comprehensive Plan of 2000 in an area 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) 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 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 4 iniiniinu 11111IIII 11111111111 i nii/04/2005 30 732 P873 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 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 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 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. 5. The application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. NOW THEREFORE, BE IT RESOLVED, by a vote of 3 to 0, that the division of the above described 35.798 -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 and 2 of the Danna B. Knox Subdivision Exemption", as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution and that the following 11111111111111IIII11E111111 1 111111 111 1 111 1 1111 1111 683634 10/04/2005 02:30 P874 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • conditions 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 1) water well / line easement to be defined and depicted on the plat and 2) a well sharing agreement that governs the use and maintenance responsibilities of the well for both lots. The Applicant shall be required to provide and record these documents as part of the final plat process. 3. The Applicant shall obtain driveway / access permits from the Road and Bridge Department for the existing main driveways to Lots 1 and 2. Any necessary physical improvements required as part of those permits shall be constructed prior to the sighing of the final Exemption Plat. 4. 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; 5. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning Department that a well test has been completed that demonstrate the following points: a. 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; b. The water quality is tested by an independent testing laboratory and meets State guidelines concerning bacteria and nitrates. 6. 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 stove 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 a 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 3 1111111 11111 1111111 11111 111111 111 1111111111111 683634 10/04/2005 02: 81732 P875 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 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. 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 & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. g. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. 7. The Applicant shall comply with the recommendations of the Grand Valley Fire Protection District which includes, but is not limited to, the following: a. The Applicant shall provide a 1,700 gallon underground water storage tank to be located near the proposed house location for Lot 2 fire protection purposes and such tank shall be constructed as part of the building permit for a residential structure and which tank may also be integrated into the domestic water supply for the residence; b. The District already provides water from an existing 9,000 gallon tank located 1/2 mile from the proposed subdivision which will provide additional water; c. The Applicant shall locate a 6,000 gallon tank on Lot 2 that will be maintained by the District for fire suppression purposes and access to the tank shall be made available to the District for this purpose; d. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the NFPA 299 standard, Protection of Life and Property from Wildfire. 4 Datil, this 3rd day of October4,05 A.D. ATTEST: 00 J Cl: _=cif the Bow U©ti,iabl on duly made and seconded the foregoin followin& dote;: GARFIELD COUNTY BOARD OF COMMISSIO ' S, GARFIELD COUNTY, C G LO '+ DO Chairm COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT Resolution wa• : dopted by the 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. 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 — o =a o — —co I– =r z c� moo IL 0 — U - N -M r-- •-• W 001-1 CL LL o N B m m Lfl _m -Cr m •<-1 a In (0 44- M O —IDS