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Home My WebLink About5.0 Resolution 2004-130• • 11111111111111111111111111111III 1111111111 1111111111111 665762 12/22/2004 12:18P B1650 P99 M ALSDORF 1 of 5 R 0.00 0 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, Monday, the 6th day of December, 2004 A. D., there were present: John Martin Larry McCown T resi Houpt Don DeFord Mildred Alsdorf Ed Green Commissioner Chairman , Commissioner Comrnfseioncr , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2004-130 A RESOLUTION CONCERNED WITH AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERTY, OWNED BY ELK MESA PROPERTIES LLC, LOCATED APPROXIMATELY THREE (3) MILES SOUTHEAST OF GLENWOOD SPRINGS, COLORADO, WITH ACCESS TO CR 114 FROM WOOD NYMPH ROAD DIRECTLY FROM WOOD NYMPH LANE IN THE LOS AMIGOS RANCH SUBDIVISION, AND IN SECTION 25, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PM, AND IN SECTIONS 30, 3i AND 32 OF TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6m PRINCIPAL MERIDIAN AND KNOWN AS THE HISTORICAL KENDAL RANCH, IN GARFIELD COUNTY, COLORADO WHEREAS, Elk Mesa Properties LLC 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, 3' }-28-101 (1C(a)-(d), as amended, and the Subdivision Regulations of Garfield County Colorado, adopted Apr 23, 1984, Section 8:00 through 8:60 and for the division of an approximately 670 acre tract into fc tr (4) parcels of 7.496, 5.727, 5.704 and a remaining 651.17 tract; and WHEREAS, the property is legally described as being situated in Section 25, Township 6 South, Range 89 West of the 6th PM, and in Sections 30, 31 and 32 of Township 6 South, Range 88 • • 111111 Hill 1111111 1111 1111 11111 1111111 III 11111 11111111 665762 12/22/2004 12:18P 81650 P100 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO (more specifically described in Book 1562 Page 970 found in the office of the Clerk and Recorder of Garfield County) West of the 6th PM, County of Garfield, State of Colorado and located within the Agricultural/ Residential / Rural Density (ARRD) zone district and in Study Area 1 of the Comprehensive Plan of 2000 in an area designated as "Residential Medium (6-<10 Acres per Dwelling Unit)"; and WHEREAS, on December 6'h, 2004, the Board of County Commissioners opened a public hearing upon the question of whether the PUD should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan; and WHEREAS, the Board of County Commissioners closed the public hearing on the 6" day of December, 2004 to make a final decision; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division falls within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, 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. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons throughout this staff report, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Section 8:52 (Exemption fromthe Definition of Subdivision) of the Garfield County Subdivision Resolution of 1984, as amended. NOW THEREFORE, BE IT RESOLVED that the division ofthe above described tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of Parcels 1— 4 ofthe Elk Springs 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 conditions of this approval required by the Board of County Commissioners have been satisfied. 2 Elk Springs - Exemption form Definition of Subdivision • • 1 111111 11111 1111111 1111 1111 1111 11111 111 11111 11111111 665762 12/22/2004 12:18P 81650 P101 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 1. 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 comply with the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards. 3. Upon successful approval and recordation of this proposal, no further subdivision by exemption will be allowed on any of the four (4) lots created. 4. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, all easements and any proposed easements, setbacks, building envelopes, and other customary items which shall be presented within 120 days to the BOCC for signature from the date of approval of the exemption. 5. The Applicant shall designate the 651.17 acre parcel previously labeled "remainder of fathering parcel" as Lot 4 on the Final Plat. 6. The Applicant shall submit $600.00 in School Site Acquisition Fees for the creation of the three (3) exemption parcels prior to approval of the exemption Final Plat. 7. The Applicant shall obtain the necessary driveway permits prior to issuance of any building permits. 8. Prior to the approval of a final exemption plat, the Applicant shall amend the Elk Springs HOA covenants to include the proposed lots as members for the purpose of paying their proportionate share of the water service costs and road maintenance costs. 9. Final Plat notes and covenants shall be added that states the following: a. "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 fertilisers, soil amendments, herbicides, and pesticides, any one or more ofwhich may naturally occur as a part of a legal and non -negligent agricultural operations." b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. 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 3 Elk Springs - Exemption form Definition of Subdivision • 1111111 1111111 11111111 11111 111111 111 11111 11111111 66 762 12/22/2004 12:18P B1650 P102 M ALSDORF 4 f 5 R 0.00 D 0.00 GARFIELD COUNTY CO units will be allowed an unrestricted number of natural gas burning stoves and appliances.' c. "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." d. "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." e. "One (1) og will be allowed for each residential unit and the dog shall be required to be confin d within the owner's property boundaries." f. Final Plat notes and covenants shall be added that state the disclosure and nature of mineral r ghts. 4 Elk Springs - Exemption form Definition of Subdivision • 1111111 11111 111111 1111Iill 11111 1111111 111 111!111111111 665762 12/22/2004 12:18P 61650 P103 M ALSDORF 6 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 20th th _day of Dec -, 2004 ATTEST: sooll tl • Cl rkt. o•(t1h43O& • .. v.. ; '. ,.. .i•:•`a mob- _.. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chair ,•�yv Upon motion duly) made and seconded the forego vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) adopted by the ollowing , Aye Aye , Aye 1, , County Clerk and ex -officio Clerk ofthe Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing esolution 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 . d ex -officio Clerk of the Board of County Commissioners 5 Elk Springs - Exemption form Definition of Subdivision