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HomeMy WebLinkAbout4.0 Resolution 2004-41e I llllll lllll llllll llllll 1111111111111111111111111111111 651979 05/11/2004 03:58P 81587 PSS M RLSDORF 1 of 7 R 0.00 D 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 m . on, Monday, the 8 day of December, 2003 A. D., there were present: --=-Jo=hn=-cM:c.=a"'"'rt=in"'-------------' Commissioner Chairman --=L=a=rrv-'--=-M=-"-cC=-o=-w~n ___________ , Commissioner __ T_re_' s_i _H_o_u.,._p_t ____________ , Commissioner --=D'-"o=no...=D=--e=F,_,o=r-=d ____________ , County Attorney -~M~i~ld~r~e~d-=-A=l~sd'-'o~rf~----------' Clerk of the Board -=E=d-'G=r'-"'e=en"'--------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION No. 2004-41 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERTY OWNED BY MICHAEL AND RAYNELL KNOX LOCATED IN THE NE~ OF THE SE .~ OF SECTION 3, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6TH P. M. AND COMMONLY LOCATED AT 1600 COONTY R OAD 306, PARA CHUTE , COLORADO WHEREAS, Michael and Raynell 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-acre tract into two (2) tracts ofapproximately 27 .21 acres and 8.98 acres with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1 (27.21 acres): See Exhibit A (attached) Lot 2 (8 .98 acres): See Exhibit A (attached) WHEREAS, the property is located within the Agricultural/ Residential I Rural Density (ARRD) zone district and is also located in Study Area 3 of the Comprehensive Plan of2000 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) r1 ,, I e I llllll lllll ll lll l llll ll 111 11111 11 11111111111111 111 111 1 651979 05/11/2004 03 :58P 61 587 P86 M RLSDOR F 2 of 7 R 0.00 D 0 .00 GRRFIELD COUNTY CO or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right -of-way or natural feature, 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." W H EREAS, the 35 -acr e tract, is split by County Road 306 (also known as "Wallace Creek Road") w h ich pr events the joint use of both tracts. As such, this request is consistent '.vi th this language and may, at the discretion of the Board, be created as its own tract via Exemption and not count as one of the four exemption lots; and W HE R EAS, 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 P art 1, Article 28, Title 30, Colorado Revi sed Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and W H ER EAS , the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Gar field County, Colorado, that there is a reasonable probability of locating domestic water on each of said p arcels, 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 . r equested 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 Garfiel d, 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 W H E R EAS, the Board of County Commissi oners of Garfield County, Colorado, on the basis o f sub stantial competent evidence produced at the aforementioned hearing, has made the following determination of fact s : 1. P roper pub li c noti ce 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. T h e above stated and other r easons, the proposed Exemption from the Definition of Su bdivision is in the best interest of the h ealth, 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 . N O W THEREFORE, BE IT RES OLVED that the division of the above described 35 -acre tract is her eby exempted from such definitions with the conditions set forth below and may be e I llllll lllll llllll llllll lllll llll llllll Ill lllll 11111111 .651979 05/11/2004 03:58P B1587 P87 M RLSDORF 3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO conveyed in the form of the "Lot 1" and "Lot 2" of the Knox Subdivision Exemption, as are more fully described in Exhibit A attached hereto 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 have been met: 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 I 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. That 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. 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 for the newly created Lot 1 which demonstrates an adequate pump rate and water quality pursuant to subset a-jbelow. If the aforementioned proof is not submitted, the Applicant shall be required to conduct a well pump test that demonstrate the following points: 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 tes t 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 of no less than 3 .5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality is tested by an independent testing laboratory and meets State guidelines concerning bacteria and nitrates . 5. 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. 3 e e I 11111 11111111111111111 1 11111111 111111111111111111 11 111 651979 05/11/2004 03:58P 81587 P88 M RLSDORF 4 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 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 necessa.r\; aspect oflivi..rig 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 prope1iy boundaries. 6. The Applicant shall comply with the recommendations of the Grand Valley Fire Protection District which includes, but is not limited to, the following: a) A water supply shall be located within 150 feet of a residence and have a 4 1/2" hydrant connection capable .of providing 500 gallons per minute. The water supply capacity shall be determined by the square footage of the residence, however, a minimum size of 1, 700 gallon tank shall be required for Lot 2 per residence under 3,500 square feet. b) For residences over 3,500 square feet in size a fire sprinkler system shall be installed. For residences up to 3,500 square feet a fire sprinkler system shall be optional. Fire sprinklers systems shall be meet the requirements ofNFPA 13D. c) NFP A 299 standards shall be adhered to for access I egress requirements and defensible space. d) Access to the subject lots shall be adequate to meet the requirements of the Fire District and shall meet all turning requirements of the Fire Di stricts equipment. e) An agreement shall be in place, prior to finalization of the Exemption Plat via a plat note or agreement, between the Fire District and the property owners that the use of water stored in a fire water cistern, in the event of emergency, is not limited to a specific residence where the cistern is located and that its use and need shall be at the discretion 4 1111111111111111111111111111111111111111111111111111 651979 05/11/2004 03:58P B1587 P89 M RLSDORF 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO of the Fire District. Dated this 10th . "day of 2004. ATTEST Upon motion duly made· and seconded the forego,~~~u following vote: ~C~O~M=M==IS=S~IO=N~E=R==--"'C=H~A=IR=-=--=-JO==H~N~F~·~MA=-=R~T~I~N~~~~~~~~~~-'Aye ~C=O=MM~=IS~S=I=O~N=E=R~L=ARR~~Y~L~·=M~C=C=O~WN~'--~~~~~~~~~~~-'Aye =C~O~MM-===IS=S~IO~N~E=R~T=R=E=SI~H=O=U==-PT~~~~~~~~~~~~~~-'Nay STATE OF COLORADO ) )ss 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 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 1111111111111111111111111111111111111111111111111111 · 651979 05/11/2004 03:58P 81587 P90 M ALSDORF 6 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO LEGAL DESCRIPTION -LOT l A TRACT OF LAND BEING A PORTION Of" THE NE1/4SE1/4 OF SECTION 3, TO'w'NSHIP 8 SOUTH, RANGE 96 \./EST OF THE 6TH PM., COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY OF THE CENTERLINE OF COUNTY ROAD ND. 306 AS CONSTRUCTED AND IN PLACE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO'w'S1 BEGINNING AT A POINT ON THE NORTH LINE OF SAID NE1/4SE1/4 FROM 'Wb:lENCE THE EAST 1/4 CORNER OF SAID SECTION 3 BEARS S.8a·oo'33'E. 330.00 FEET I SAID 114 CORNER BEING A REBAR AND ALUMINUM CAP, PLS NO. 27613; THENCE S.19.28'48'E. 918.96 FEET TO A POINT ON THE EAST LINE OF SAID NE1/4SE1/4; THENCE ALONG THE EAST LINE OF SAID NE1/4SE1/4 . s.01•33'54''w'. 477.34 FEET TO THE SOUTHEAST CORNER THEREOFJ THENCE N.se·24'41''w'. 839 61 FEET ALONG THE SOUTH LINE OF SAID · NE1/ 4SE1/ 4 TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO 306 AS BASED UPON A FIELD SURVEY OF THE CENTERLINE Of THE ROAD EXISTING AND IN PLACE IN JULY 20031 . THENCE ALDN:G SAID CENTEl'(UNE THE FDLLOVING COURSESr THENCE N.19.44'17"w'. 74.36 FEET; THENCE 170.61 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 340.07 FEET, A CENTRAL ANGLE OF 2e·4.4'42' AND A CHORD 'WHICH BEARS N.os·21'56''w'. 168.83 FEET; 1 THENCE N,09•00'25'E. 42.19 FEET J THENCE 203.48 FEET ALONG TH£ ARC OF A CURVE TD THE LEFT HAVING A RADIUS OF 402.41 FEET, A CENTRAL ANGLE OF 2s·ss 117' AND A CHORD 'WHICH BEARS N.os·2s1 43"w'. 201.32 FEET; THENCE N.19.57'52''W. 259.95 FEETJ THENCE N.11•43'05'\./. 16 7.37 FEET; THENCE 161.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 223.90 FEET, I A CENTRAL ANGLE OF 41.13'01' AND A CHORD 'WHICH BEARS N.32.19'35'\.;', 157.62 FEET; THENCE N.52.56'06''w'. 231.38 FEET TO A f>OINT ON THE VEST LINE OF SAID NE114S£114J /THENCE N.01.44'23'£, 110.53 FEET ALONG SAID 'WEST LINE TO A POINT ON THE SOUTH LINE OF THAT TRACT OF LAND AS D£SCRIB£D IN DOCUMENT RECORDED IN BOOK 571 AT PAGE 8341 THENCE s.as·os'48'E, 540.00 FEET ALONG SAID SOUTH UNE TO THE SOUTHEAST CORNER THEREGFJ THENCE N.01"44'23'£. 01.74 FEET ALONG THE EAST LINE OF SAID TRACT TO A POINT ON THE NORTH UNE OF SAHi N£1/4SE1/4; THENCE s.ss·oo '33'£, 445.77 FEET ALONG SAID NORTH LINE TO THE POINT OF BE:GINNsING . SAID TRACT OF LAND CONTAINS 27.21 ACRES, MORE DR LESS. TOGETHER 'w'ITH AND SUBJECT TD THE T'YIENTY FOOT \./ATERLINE EASEMENT AS DESCRIBED DN THIS PLAT. LEGAL DESC~IPTION -L DT 2 A TRACT OF LAND BEING A PORTlfJN OF THE NE1/4SE1/4 OF SECTION 3, TO'w'NSHI'P 8 SOUTH, RANGE 96 \r/EST OF Tfi.1£ €>TH PM., COUNTY OF GARFIELD, STATE OF COLORADO, LYING 'w'ES"fERL Y OF THE CENTERLINE OF COIJNTY ROAD NO. 306 AS CONS:TRUCTED AND IN PLACE AND BEING MORE PARTICULARLY BESCRIB£D AS FDLUJ\r/Sr BEG!NN,litslG AT Tf-l:E SEllJTHW'EST CIJR-NER OF SAID NE1/4SE1/4, A REBAR AN -Ll ALUMINUM CAP, PLS ND. 27613-J THENCE N.©r44'23'[, 114fil .. 2?2 FEET ALONG THE 'w'EST UNE OF SAID NE1/4SE1/4 TO A PQ:fNT ON THE CENTERLINE OF COUNTY ROAD NO 306 AS BASED UPON A nEU SURVEY OF THE CENTERUNE Dr THE R'EJA,D EXISTING A-N:D IN PLACE IN JULY 2003; THENCE ALONG SAID CENTERLINE . THE FIJLLO!\r/LNG COUR'S£SJ THENCE s .s2·s6'06'E. 231.3'8 FEET; THENCE 161.07 FEET ALONG THE ARC OF A CURVE TD THE RIGHT HAVING A RADIUS OF 223.90 FEET, A CENTRAL ANGL£ OF 41.13'01' AND A CHORD 'WHICH BEARS S.32.19'35'E. 157.6l"EET; THENCE S.11.43'05''E. 167.37 FEET; THENCE S.19~57'5·2'£. 259.~-5 fft:ET; THENCE 2a3.48 FEET ALfJ~G THE AR.C OF A CURVE TO THE RIGHT HAVING A RADIUS OF 402.41 FEET, A CENTRAL ANGLE OF 2a··se117' AND A CHEJRD VHICH BEARS s.os•2,8'43'*'E. 201.3·~EET; THENCE s.o9·©0"25''w', 42.19 FEET; THENCE 170.61 FEET ALEJNG THE A~C OF A CURVE TD THE LEFT HAVING A RADIUS OF 340.07 FEET, A CENT~AL ANGLE OF 2a·44'42' AND A CHIJRB 'WHICH BEARS s .os·21 1 S6'E. laB.83 FEET1 THENCE S.19.44'17'£, 74.36 FEET TD A f>!JINT ON THE SOUTH LINE OF SAI.D NE1/4S.E1/4J THENCE N.ea·24'41'W'. 48tl.22 FEET ALONfi SAID SOUTH LINE TO THE POINT OF BEGINNING . SAID TRACT OF LAND CONTAINS 8 .98 ACRES, MORE OR LESS . TOGETHER 'WITH AND SUBJECT TO THE H/ENTY FOOT 'WATERLINE EASEMENT AS DESCRIBED ON THIS PLAT. . e I llllll lllll llllll llllll 1111111111111111111111111111111 651979 05/11/2004 03:58P 81587 P91 M ~LSDORF 7 of 7 R 0.00 D 0.00 G~RFIELD COUNTY CO \JA TERLINE EASEMENT . AN EASEMENT FOR THE PURPOSE OF CDN:STfWCTI!JN, REPAIR , REPLAC[M£NT AND MAINTENANCE OF A 'w'ATERLINE, SAlD EASEMENT i l EJ;Nt;j 20 .00 FEET IN \rlIIHH LYING 19.fJO FEET ON EACH SIDE OF THE FIJLLOIWTNG DESCRIBED . CENTE~UNE , SAID EASEMffNT IS SITUATED IN THE NE1/4S~El/4 fJ F SECTION 3 ;. TOV NS H!P 8 SOUl7H, R-ANflE 96 VE:ST OF THE 6TH p]~., cmHN T Y OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING DESCRIBED BY METES AND BOUNDS AS FOLLDW'S 1 BEGJiN:l'ilft:;tG AT A POINT FROM 'WHEN.CE THE EAST 114 CORNER OF SAID SECTION 3 BEARS N.42.34'53'E, 9~9.06 FEET, SAID EAST 1/ 4 CORNER BEING MONUM£N1'ED YITH A REBAR A.ND ALUM~NUM CAP, PLS NO . 27613; THENCE ALONG THE C£NTERUN.E /JF SAI:D EAS:E'MENT THE FOLLO'w'ING CDURSES1 THKNCE N,/19;•c§5 14·S"w', 50.99 ff:tT; THEN.CE N.76.00'35'W'. 74.91 FEET; THENCE N.78~39"34"w, 56.00 FffTJ THK'NCE N.62.19'40'\rl, 66 .05 FEET; THENCE N.42"'l1'1l'W'. 97.31 FEET; rnrncE N.56·oo'Ol'W'. 39.22 FEET; THtN£:£ N.8t•s9'a9'W'. 40.94 FEETJ THEN'CE s.s7•os'17''w'. 44.72 FEET; THE:NCE S,8 ,9"24'.l?tll'W', S·l,56 FEET; THENCE S.6r54'13'\rl, 31.47 FEET; THENCE S.60.27'46"'\rl, 28.!lm FEET; THENCE S.63°42'15".v'. 34.47 FEET; THENCE S.§8•021 35'\v', 79.39 FTET; THENCE S.14.37'50'E, 15.41 FEET, THE PDiNT OF TERM!FNUS OF SAI.El EASEMENT AND THE POINT AT 'w'HICH THE EASEMENT 'WIDTH CHANGES TO ENCOMPASS A CIRCULAR AREA HAVING A RADIUS Of 25.00 FEET.