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HomeMy WebLinkAbout4.0 Resolution 2007-01o Iiil ilr,l ]'t1, h[', lll ll IH L t+,1 lTi rE ltr': I +[: F{li ltr,l I I I I I Reception#:. 7t493@ 01l1A/20A7 10:48:00 AlYl B 1882 P 0372 Jean Alberrcc1 Of 6 REC FCE:O.OO DOC FCE: GFRFIELD COUNTY CO STATE OF COLORADO o Clerk of the Board County Manager County of Garfieid ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfieid County PlazaBuilding, in Glenwood Springs on, Monday, the 12s day of June A.D. 2006. there were present: John Manin Commissioner Chairman Larry McCown , Commissioner TrEsi Houot . Commissioner Don DeFord , County Attorney I\4ildred A lsdnrf Ed Green when the following proceedings, among others were had and done, to-wit: RESOLUTION No. 2007 -01 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIYISION REGULATIONS FOR A PROPERY OWNED BY ANDREW & SHIRLEY HARRIS LOCATED AT 7962 CR 301 IN THE SW % OF THE NE % OF SECTION 5, TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH PM, GARFIELD COUNTY Parcel ID: 2405 -05 1 -00-05 I WHEREAS, Andrew & Shirley Harris 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 38.9 acre tract into two (2) parcels where Parcel A has 33.89 acres and Parcel B has 5 acres; WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district and is also located in Study Area 3 of the Comprehensive Plan of 2000 in an area designated as "outlving 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 l, I973, and is not a part of a recorded subdivision; however, any parcel to be divided by o llll ri,l lti,lli[' Hri ftlt lhi |t['l+rril{11[+lEit,l Il ll IReception#: 77493OA1l10l2AAi 10r48:00 Ql,] B:1882 D:0373 Jean Alberrco2 of 6 Rec Feer0.00 Doc Feer GARTiEaD-aoUl.tii'Co o 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 occur; along rhe public right-of-way,such parcels thereby created may, in the discretion of the Board. not be considered to have beencreated by exemption with regard to the four (4) lot, parcel, interest or dweliing unit limitationotherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greaterin size' created after January l, 7973, will count as parcels of rand created by exemption sinceJanuary l, 1973." r-'--- " WHEREAS, the Pedtioners have demonstrated to the satisfaction of the Board of countycommissioners of Garfield county, Coiorado, that the proposed division does not fall within thepurposes of Part 1, Article 28, Title 30, colorado Revised statutes r973, asamended, for the reasonthat the division does not warrant further subdivision review: and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of countycommissioners of Garfield county, Coiorado. that there is a reasonable probability of locatingdomestic water on each of said parcels, that there is existing ingress and egress to said parcels, thatthe location of septic tanks will be permitted by the colorado Department of Health, that therequested division is not part of an existing or larger development and does not fall within thegeneral purposes and intent of the Subdivision Reguiations of the state of Colorado and the countyof Garfield' and should, therefore, be exempted from the definition of the terms',subdivision,,and"subdivided land" as set forth in C.R.S. tgiZ, ZO_Z}_101 (10) (a)_(d), as amended; and WHEREAS, the Board of county Commissioners of Garfield county, colorado, on the basisof substantial competent evidence produced at the aforementioned hearing. has made the followingdetermination of facts: 1' Proper public notice was provided as required for the hearing before the Board of CountyCommissioners; 2' The hearing before the Board of county commissioners was extensive and complete, allpertinent facts, matters and issues were submitted, and ail interested parries were heard atthat meeting; 3' The above stated and other reasons, the proposed Exemption from the Definition ofsubdivision is in the best interest of the health, safety, morals, convenience, order,prosperity and welfare of the citizens of Garfierd county; and 4' The application is in conformance with the Garfieid county ZoningResolution of 197g,as amended. Now THEREFORE' BE IT RESOLVED that the division of the above described rract ishereby exempted from such definitions with the conditions set forth below and may be conveyed inthe form of Parcels A and B of the Harris Subdivision Exemption, as are more fully described inExhibit A attached hereto and that a copy of the instrument or instruments of conveyance whenrecorded shall be filed with this Resolution and that the folrowing conditions of this approval lili il"l l'r? Ji I Hii lil,fi I +fi:Ht,'HI] t{tiltr,t r lt IReceptionfi: 1-1493@ 01 l1c/2ool 10.49.00 AFI B_.1882-D 0374 Jean Alberrco3 of 6 Rec Fee 0 00 Doc Fee GnRFiELD-a6i.iruTi, co required by the Board of county commissioners have been satisfied. 1' That all representations made by the Applicant in a public hearing befbre the Board ofCounty Commissioners shall be considlred conditions of approval unless otherwiseamended or changed b1, the Board. 2' The Applicant shall include the following texr as plat notes on the final exemption plat: a. Control of noxious weecls is the re.rponsibilitl, oJ the property owner. b. No more lots malt be createrl b:, Exemption. c' one (I)dog will be allowedfor each residentictl unir wiiltitt a subclivision and thedog shctll be required to be c'onfined within the owners properh, boundaries. d' No open hearth sotid-fuel.fireplaces will be allowed anywhere within an exempilon.One (1) new solid-Juel burn.ing stot)e as deJted b1, C.R.S. 25_7_401, et. seq., and theregulations promulgated theieunder, wili be allowed in any dwelling urtit. A1dwelling units will be all'owed an unrestricted number .f'natural gas b,,ting stovesand appliances. e' All exterittr lighting shall be the minimum amou,tt necessat-v and tlmt all exteriorlighring be direcred inwa*l ctncl clovtn.y.,nra. ,r*o,l)r"i,)"iir",'r),",'"lyrtr" sultdivisiott,except tha.t prou.isions ma\i be mucle to ctllov'.t'bt'sttfeh,lighting tha'.t goes be r*rncltlteproperry boundaries - -'o''-"eb 'tu*' t .f coloradct is a "Right-to-Farm,, state pltrsuatt ro c.R..r. 35_3-r0r, et seq.Landowners' resiclents and visi.tors,nrn b) pr"pared to accept tlrc activities, sigltts,sounds and srnells oJ'Garfiekl Countr,s agric'ultural operati6ns as a nolnal andnecessar\) aspect of livittg in a countv* t'vith a strong rural character ancl a health-y,ranching sector' Those wtth an urban sensitivin mat,perceive such activities, sights,sounds and smells onlv as inc'ctnvenience, eycsore, noise and odor. However, statelav' ctnd countt' polic.t: provide.rho, ,orri,l,iri,'r"""*t or other a.gricultural activitiesctnd operations v,-ithin Garfield Counh, ,t o'ii'no,t be considerecl to be nuisctnces solong as operated in confomtance with the law, and in a non-negligent maruter.Therefore ' all ruust be prepared to encctunter noises, odor, lights, mu4.. dttst, smokecltemicals' machinerV r-tn public rouds, livestrck nn public. roads, storcLge anddisposal oJ' mrnture, and ihe. ctpplication bt, spraving nr otherwise of chemical.fertiliz.ers, soil amendtnettts, hliicides, ori pr.rtirides. anl, orle or more of.wlticltma)' naturall\ s"" as a part of ct legctl and rlott-rcgligerr agi-l,ruirliro, operation.s. g' All owners of land, whether ranch or residence, have obligatiorts u,cler state la**and CounQ regulations with regard to the rnaintenance of fences atzd irrigation o ---)- ]ii [:r,i [ti,h [i ll+i, H r,ft Fu:hrrr ll#[: tHlt i|ll,I I I i I I o Receotion#: 774930 01l10't2OO7 1O 48.00 Rf' 8.1882 p 0375 iean Aloerico4 of 5 Rec Fee:0.00 Doc Fee: GARFiELD CoUNTY C0 ditches, cot"Ltrolling weeds, keeping livestock and pets under control. using properh) in accordance with zoning, and other aspects of using and nxaintaining property. Residents and landowners are encouraged to learn abctut these rigltts and responsibilities and act as good neighbors and citi:.ens of the Couttty. A gootl introductor\; source for such informarion is "A Guitie to Rural Living & Siiiall Scale Agriculture" pttt out bv- the Colorado State Unit,ersity Extension Office in Garfi.etd Couttty. h. All new septic svstems and residential foundations shall be designed b1, s professional engineer licensed to practice in Colorado. Addresses are to be posted where the driveway intersects the Counl: roatl. If a shared driveway is used, the address for each home shall be posted to clear\, identifi, each address. Letters are to be a minimunt of 4 inches in height, I/z inch in width and contracts with background color. i. Driveways shall be constructed to accommodate the weights and tunting radius of emergency apparatus in adverse weather condition. k. Combustible materials shall. be thinned from around structures so as to provicle a defensible space in the event of a wild land fire; and l. Due to the lack of current fire protection water supp\, and travel clistance to the area, the Rifle Fire Protection District would like\ experienca di/Jicul,ties in extinguishing a large .fire. m. The mineral rights associated with this properry (also known as Parcels A & B of ttrc Harris Subdivision Exemption) were leased. as o'f'June 12, 2006 allowing ncttural resource extraction on the propert,\. n. Drivewav pennit shall be obtained.from the Coutth, Road and Bridge Department prior to the issuance of a building permitfctr Parcel B. 3. Prior to the signing of the plat, all physical water supplies shall demonstrate the followin,e as part of the final plat submirtal: 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 w,ater level; c) The results of the four (4) hour pump test indicating the pumping rate in eallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test thar this well shouid be adequate to supply water to the number of proposed 1ots; 4 Ill I iliri l'L1,lli [', !{ i *il,', n n lir rili li' IHF lir"'l ll ll I o Receotion* | 174930 ortro?zooz 10.48.00 Al'1 B 1882 D:0376 Jean Alberrco 5 ii-O-n.c Fee:0.00 Doc Fee GFRFIELD C0UI']TY C0 e) An assumption of an average or no less than 3.5 people per dwelling unit. using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g) A water shaLring agreement wiil be filed with the exemption plat that defines the ri-ehts of the property owners to water from the well. 4. Due to the lack of fire protection water supply in the area and the travel distance for emergency response to the area, the Applicant shall explore the feasibility of a fire protection water supply in the area such as ponds" irrigation canals, etc. in concert with the District. The Applicant shall have a meeting with the District in order to determine what alternatives may be avaiiable, in addition to those listed in plat notes i through I above, for the provision of fire protection water. 5. The property appears to lie within the RE-2 Schooi District. As such, the Applicant shall be required to pay 5200 for the creation Parcel B. This fee shall be paid at the time of final plat. 6. The Applicant shall be required to obtain a driveway access permit from the Road and Bridge Department for the access easement as it connects to CR 301 which will include a paved or concrete apron and a new culvert to replace the existing one. An on site meeting will be required prior to installation of the improvements and reviewed and approved after installation. 1. The existing septic system location shall be determined to verify that there are no conflicts with setbacks for the proposed Parcel B. ATTEST: COMMISSI COUNTY, of the Board Upon motion duly made and seconded the foregoing following vote: GARFIELD COUNTY BOARD OF GARFIELD C 5 opted o riu [l,,i [L'r,lt,!, il'l,llfi 'I ll'i, I illtil{lt!+$ Iffi lt{"l ll ll I fu q ldfi i g. ie' 1's' fl : " " l! " n! * P ? E i,' E 3 [, ? ] o 3 5'' " o cotvfN4Iss oNER AIR JOHN FI IVIARTTN C OMMISSIONER LARR Y T IVIC(-.)u/N Nay Aye COMMISSIONER fnest HOUPT , AYe STATE OF COLORADO County of Garfield I, , County Clerk and ex-officio C1erk 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 Counry Commissioners for said Garfleld 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 ) )ss ) 6