HomeMy WebLinkAbout4.0 Resolution 2004-92t
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srATE OF COLORADO )
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County of Garfield )
At a regular meeting of the Board of county commissioners for Garfreld county' colorado'
held in the commissioners,Meeting Room, carfreto county plazaBuilding, in Glenwood Springs
;;, M;dry, the 8* day of March A'D' zoo{'thepe were present:
ohn - Commissioner Chairman
Commissioner
ot . Commissroner
CountY AttorneY
- Clerk of the Board
County Manager
Parcel 1 (25.370 acres)
Parcel2 (11.770 aues)
when the following proceedings, among others were had and done, to-wit:
RESOLUTION No' 2oo4-92
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM TIIE
DEFINITIONoFSUBDTVISIoNINTIIEGARFIELDCoUNTYSUBDIVISIoN
REGULATIONS FORNAN KELLY FOR A TRACT OF LAND LOCATED IN THE NW
% IBSECTION 24, TOWNSIilP 7 SOUTII, RANGE 38 WEST OF TIIE 6o P'M'
NORTH OF CARBONDALE, COLORADO
(P arent P arcel ID : 2 3 9 3 -2 42-0 0-3 3 9)
wllEREAS,NanKeliypetitionedtheBoardofCountyCommissionersofGarfieldCounty,
colorado, for an exemption from the definition of the terms'isubdivision" and "subdivided land"
under C.R.S. tgi3,30-28-101 (10) (a)-Gt, u, u-"'f14, and the SubdivisionRegulations of Garfield
County Colorado, adopted April 23, 19i;;aection 8:0d through 8:60 and for the division of a40'14-
acre tract into two (2) parcels *or" pruLi"urry described u, 611o*t and contained in Exhibit A:
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wllEREAS,thepropertyislocatedwithintheAgriculturaVResidential/RuralDensity
(A/VRD) zone district ani i, *tso to"utJi, stoJy er"u t ortle comprehensive Plan of 2000 in an
area designated as "residential medium density";
WIIEREAS,Section8:52(4)oftheSubdivisionregulationsoflgS4,asamerrded,statesthat
,,No more than a total of four (4) totr, p*"lir, interests or dwelling units will be created from any
parcel, as that parc.i*u, described i, trr. r"*ias ofthe Garfrerd county clerk and Recorder's office
o on January l,1973,and is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public rigr,t-ot-*av (State or Federal highway, counu road or railroaQ
preventing joint use oi ifr. propor.J trlcts, *Atfr. division o"* along the public riglrt-of-way'
such parcels thereby cr.utrd *uy, in the discretion of the Board' not be considered to have been
created by exemption with regard to the four (4) 1ot, parcel, inierest or dwelling unit limitation
otherwise applicable; Forthepurposes of defi.niiion, arl tracts of landthirfy-five (35) acres or greater
in size, created after January l, 1g73,*ifi *"* as parcels of land created by exemption since
January 1,1973."
WI{EREAS, the petitioners have demonstrated to the satisfaction of the Board of County
commissioners of Garfield county, colorado, that the proposed div-ision does not fall within the
purposes of part 1, Article 28, Titl; :0, Coioruio Revisei Siatutes 1973 'as
amended' for the reason
it ui tt . division does not warrant further subdivision review; and
yHEREAS, the petitioners have dernonstrated to the satisfaction of the Board of County
commissioners of Garfield county, cororado, that there is a reasonable probability of locating
domestic water on each of said p*."tr, tiut ih4? is existing ingress and egress to said parcels' that
the rocation of septic tanks wi, be permitted by the cioraldo Department of Health, that the
requested division is not part of ", i*ir-tittg ": fug": development an{ does not fall within the
general purposes and inte; of the sutJrvisro-n Reguiations of tie State of colorado and the county
of Garfield, and should, therefore, t. .*.-pted fr-om the definition of the terms "subdivision" and
,,subdivided land" as set forth in c.R.s. tgil,30-28-10i (10) (a)-(d)' as amended; and
WEEREAS,theBoardofCountyCommissionersofGarfieldCounty,Colorado,onthe
basis of substantial competent ",ria.n""
produced at the aforementioned hearing, has made the
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following determination of facts
Proper public notice was provided as required for the hearingbefore the Board of County
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2
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Commissioners;
thatmeeting;
as amended.
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The hearing before the Board of county commissioners was extensive and complete' all
pertinent facts, matters and issues *.r. ,rrb*itted, and ali interested parties were heard at
The above stated and other reasons, the proposed Exemption from the Definition of
Subdivision is in ,ir. t"., interest of ttt"'health, safety, morals, convenience' order'
pt"tp"ti V and welfare of the citizens of Garfield County; and
The application is in conformance with the Garfield County Zoning Resolution of 1978'
O Now rrrEREFoRE, BE rr 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 in
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the form of Parcels 1 and 2 of the Kelly Exemption P1at, as are more fully described above and that a
copy of the instrument or instrument, oitorrr"yance when recorded shall be filed with this
Resolution and that the following conditions of ihi, upproral required by the Board of County
Commissioners have been satisfied'
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of county commissioners, sha11 be considired conditions of approval'
2. That the applicant shali have 120 days to present aplat to the commissioners for signature
from the date of conditional approval of the exemption'
3.ThatthefoilowingplatnotesshallappearontheFinalPlat:
a) Only one last division by exemption from t!9 ru1e3 of Subdivision will be allowed'
b) No open hearth solid-fuei fireplices wil1be allowed anyrvhere within an exemption' One
(1) new solid-fuel burning ,.," as defied.ay c.n.s. 25-7-401, et. sew., and the
regulations promulgated thereunder, wiil be ailowed in any dwelling unit. A11 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 extgrior 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) Foundatior, *a 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 visi6rs mustbepref ar"'d to u"..pt 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 -rui "ttitl"ter and a. healthy ranching sector' Atl must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals' machinery on
public roads, livestock on public roa{s, .lotuF. and disposal pf. manure' and the
applicationby spraying or otierwise of chemical fertilizers, soil amendments, herbicides'
and pesticides, any one of more of which may naturally occur as a part of a legal and
non-negligent agricultural operations'
0 All owner's of land, whethei ranch or residence, have obligations under State law and
County regulations with regard to the_maintenance of fences and irrigation ditches'
controltnfweeds, keeping ti"rr;rto"t and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property' Residents and
landowners are encouraged to leam about these rights and responsibilities and act as
good neighbors and citizens of the county. A good introductory source fo1 su3h
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 wiil be allowed for each residential unit within a subdivision and the dogo/
rfr"fi U6 r.q:*ea to be confined within the owner's property boundaries
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h) All new residences constructed on Lots 1 and 2 of the Kel1y Exemption shail install
automatic fire sprinklers regardless of their size'
4. Because the well wili be shared between Lots 1 and 2 of the Kelly Exemption, the Applicant
shall be required to establish a maintenance and access easement to all components of the
shared water system from the well head for the benefit of Lots 1 and2 which shali include all
components oithe shared water system. This easement shall be legally described and depicted
on th" final plat as well as in the protective covenants and in the well sharing agreement'
5. The Applicant shall provide a legal opinion as to the nature of the easement that presently
serves the Kelly property from CR 11-2 inorder to determine whether it can legally provide
access to Lot 2 as well as Lot 1 of the Ke1ly Exemption'
6. The,property is located in RE-1 School District which generally requires a school / land
dedication fee of $200 per lot. The Carbondale and Rural Fire Protection District requires a fire
protection impact fee of $4i7 per new 1ot. These fees shall be paid prior to recordation of the
final plat.
7 . prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning
Department ttrut fo'tto*ing has been completed rigarding the well on the property that is to
serve both Lots:
a. A written opinion of the person who conducted the well pump test that this well should
be adequate to supply water to the number of proposed lots; -,.b. An assumption oian average of no less than 3.5 people per dwelling unit, using 100
gallons of water Per Person, Per daY;
c. If the well is to be sfrar"i, a legal, well sharing declaration which discusses all
easements and costs associaied *ith th" operation and maintehance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
d. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates'
g. The Applicant shail map and inventory the property for Garfreld County Noxious Weeds' The
Applicant shall be required to provide u *up or sketch that has the locations of weed
infestations. The Applicant shall provide a weed management plan for the inventoried noxious
weeds. These docunients shall be approved by the County Vegetation Management Director
and presented to the County Buildi-ng and Planning Department prior to final plat'
Dated this 4th daY of October 2004'
ATTEST:GARJ'IELD COUNTY BOARD OF
COMMISSIONERS, GARFIELDo 4
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and seconded the
COUNTY,
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the
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followiqg vote:1 \
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Aye
Aye
Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
County Commissio""rq t, "d f* th. C"*rty and Staie aforesaid, do hereby certiff that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding ofthe 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
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P,ARCEL 1 PRIOFfiRTY DESCRlIiPIICilll
A'PARCEL O:F LA.N.D SITUATED IiN TTi;E NI.W1/4 SECTIoN 24, To,M.}S{{TF 7 SoU]H, RAN.GE E8
WEST OF TI+E SIXTH P.RIIII$CI:PAL M,ERIO,IAN, COUNTr, GARIFI€LD, STAIE OF COLORADO; SAID
PAR,CEL BEI.NC M.ORE PARTI.CULAR,LY DESCR]tsEO AS FO{-LOWS:
COi/i[idiENCIiNi,G AT T+..I8 N,O]RTI=IfiEST COIRNER OF S.A-ID SECTI.ON 24, A G,AR.FITELD COUNTY
S'UiR\€YOrR tsRASS CAP IN FLACE; THEI{CE SO5'26'31"\ry ALONG lh.lrE \iTESTERLY LtNrE OF SAID
SECTION 2+ A DTSTAN'OE OF 35.1J FEET T0 A FOINT ON TiirE SOUT'HER:LY LIN,E OF A PARCEL
O'F LAND DESCRTXBED lN R.ECEFTI.ONI NO. 110751 O,F Tt+E GARFI1ELD COU,NTY ClEiRyyyyyyyyyyyyyyyyK AND
RECoRCIiER's oFF{cE (cA-tLlcoTTE To G,\RFIELD coL}NTy), T,H|E BortiNT oF BjEGiNN{iNG; THENCE
LEAVTNG SAiID \MESTE:RLY LIS$E S7937,50"E ALONG TIAE 5,gg1OU*LY L}NiE OF SA,ID RECEPTI,CI.{I
N'0. 110751 A DISTANCE OF 204.91 FEET; Tllili:N,CE LEAVITNG SAIID SOUTH,ERLY LINE 544'47'22"E
ALONG TH,E WESTERLY LliNrE OF A PAR,CEL OF LA,ND KN,OM.{ AS CALU,COTTE RANCH A DI|STANCE
0F 132.75 FEET; THEN.C:E LEAVIN,G S.A,&D W,ESTER:LY LlrNiE ALON,G TtliE D{VlSilON L|NE BET}VEEN
LOT ONE AND LOT TWO S0O130'0O"W A B,ISTAN,CE OF 43o.18 FEET; TH,ENCE CONT|NU,ING ALONG
SAID DIVISION LINE 528'15'15"E A DISTA,N,CE OF 245.8'8 FEET; TH,EN,CE CCB.ITINU,ING ALONG SAIrD
D1VISION LINE 52238'20"8 A D{STANCE AF 11,2.20 FEET; }{i[4s46 COl.tTlNUlNG ALONG SAI'D
D{VIS]ON LIN'E 538?4'2?"8 A DISr,AN'CE Of 1j'9,38 FEET; ThrEi.l'CE CONiiNiilNG ALONG SAJ'D
DIViSiON LINE S041],6'00"W A D,lSTAf,lCE OF 249.41 FEET; TFiEN'CE CONTINUING ALONG SAID
DIVISION LINE 502'56'1E"vY A DISTANCE OF 211,59 FEET; rHINC'E CONTINUING ALONG SAI,D
DIVISION LINE S34'56'02"E A D.ISTAN'CE OF 327.61 FEET TO A PO{NT ON THE WESTERLY LINE
OF A PARCEL KNoYVN AS CA.LLI,CoTTE RANCH; THENCE S2O'43'25"W ALONG SAID WESTERI-Y
LINE A DISTANCE OF 9E.61 FEET; TIIENCE CONTINIJ{NG A,LONG SAID WESTERLY LINE So6'59'16"WA DISTANCE OF JS3.7G FEET; THENOE CONI}NU,NG ALON,G SAID WESTERLY'LINE S7E.JE'52"WA DISTANCE OF 785.21 FEET T0 A PO{rNT ON THE WESTERLY Ltr"lE OF SA|D SECTTON 24;
THENCE NO3'26'31"E ALOING SAID WESTERLY LINE OF SECT}ON 24 A DISTANCE OF 2,328.86
FEET TO THE PGNT 0F tsEGIINNING; SAI:D PARCEL CONT,\|NiING ?8.370 ACRES, MORE OR LESS.
PARCEL 2 PROPERTY DESCR]P]ION
A PAROEL OF LAND S1TUATED IN TH,E NWl/4 SECTION 24, TOWNSH{,F 7 SOUTH, RANGE 88
VIEST OF THE SIXTI.I PR.INCIPA,L MERIDIAN, bOUTTY GARFIELD, STATE OF COLORADO; SAID
PARCEL BEING M'ORE PARTICULARLY DESCRIEED AS FOLLOWS:
CO[i'lt4l'EN,ClN'G AT. TH'E NORTHWEST CoRNER oF SA|D SECTTON 24, A GARF]ELD COUNTY
SIJRVEYOR tsRASS CAP l+,1 FI-ACE; IHENCE S03'20'31"W A DTSTA${,CE oF Js.13 F€ET To APOIiNT OrN'tll€ SOUTI"IERLY LINrE OF A PARCEL OF LAND DESCR,ITBTED lN R€O,EPT1ON NO. l1O7510F THIE GARH;ELD couNTY cLERK AND REcoRDER's oFFtcE (cALLtcorrE To G/TRFIELD couNTy),
TI+ENCE LEAWNG SI-ID \.V,ESTERLY LINE S79'57'50"E ALONG SAIrD SO,UT,|.{ER.LY LINIE OF SAID
REC,EFTiOlti NO. 1i0751 A DISTANCE OF 204.91 FEET; THEN,CE LEAV{IN,G S,A|E SOIJT}+ERLY L|NE
A,LON'G THE VESTERLY LINIE O,F A FARCEL KNOW\ AS CA,LL,ICOTT€ RAN,C,T{ S4+'47'22'E A
DNSTAN,CE OF 132.75 FEET TO Tl{E PO{]NT OF B,EGlNNiliNrG: TI.|ENCE C$.lTtrhtu{ii$G ALOtrtrG SA|D
WESTERTLY LlrN',E S44'47'22"E A DISTA,NCE OF 653.59 FEET; T,f.irE${CE CONTINUTINc ALOiNIG SAID
WESTERLY LI'NE S4O'26'54''E A DISTANCE OF 1E7.55 FEET; THEN,CE CONTtNitjJitNl,G ALO'N,O SA|D
WESTERI-Y L}NE SJ3.21,07,'E A D|STANCE OF 259.61 FEET; TH.EN,CE COTNIT{hIIUIhIG ALONG SAID
WESTER,I-Y LINiE S25'32'29"W A D,ISTAN,CE OF 413.00 FEET; T|.IENCE CoNTINUTNG A,LON,c SAID
VTESTERLY LINE S2O'43'25"W A DISTANCE OF +21.82 FEET; TIIEN'OE LEAVTNG SA|D YESTfRLY
LINE ALON.G TH,E D{V'l,SIO}.I LINE BETWEEN LOT ONE AND LOT TIflIO N34'56"02-W A DISTANCE OF
327.61 FEET; THiEME CONIN,U+NG ALONG SAI'D DIVISIO.N LIT.IE NO2.56,18,E A D1STANCE OF
211.59 FEET; THTENCE CONTINUI1NG ALONG SAID DIV|SION LIN,E NO4.O6'OO,'E A DI,STA,N,CE OF
2+9.41 FEET: THTENOE CONTINU,IING ALO,NG SAID DIV|S|ON L|,N,E NSA.O4'22"W A DtSTAlN,e:E OF
149.3E FEET; THTENCE CONTINUING ALONG SAID DIVISION LIN,E N22.58,20,,W A DiSTA,NC€ oF
112.20 FEET; Tl{ENcE coNTlNUl,NG ALONG sAtD DtvtstoN L|N,E N2B'15'1s"w A D,tsrANcE oF
?19:89.TEET; ]!I.E!CE N.OO'OO'OO'E A DISTANCE OF 430.18 FEET TO TI,*E FO,IN:T OF tsEGINNING;SAID FARCEL CONTAI.NING 11.770 ACRES, MORE OR LESS.
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