HomeMy WebLinkAbout4.0 Resolution 2004-131• •
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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 15t day of November, 2004 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. 2004-131
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM
THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERTY OWNED
BY TIMOTHY JENKS AND LOCATED APPROXIMATELY FIFTEEN (15) MILES
NORTHWEST OF NEW CASTLE, COLORADO, WITH ACCESS FROM CR 245 FOR THE
EASTERN LOT #2 AND ELK RIDGE DRIVE FOR THE WESTERN LOT #1, AND AKA AS
PARCEL 3, WEST ELK CREEK RANCHES, MOUNTAIN PARCELS, IN THE SW 'A OF
THE NW 1/4 OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 92 WEST, OF THE 61.1'
PRIME MERIDIAN, IN GARFIELD, COUNTY COLORADO
WHEREAS, Timothy Jenks 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
an approximately 36.52 acres into two lots (1 - 31.72 acres to the west and 2 - 4.72 acres to the east
of County Road 245; and
WHEREAS, the property is legally described as being situated in in the SW'/, of the NW Y4
of Section 12, Township 4 South, Range 92 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 2 of the Comprehensive Plan of 2000 in an area designated as "Outlying Residential - 2
acres per Dwelling Unit"; and
WHEREAS, the Board held a public hearing on the 4`}' day of October, 2004 upon the
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question of whether the above-described Exemption request should be granted or denied, at which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said Exemption request; and
WHEREAS, the Board continued said public hearing on the 4th day of October, 2004 upon
the question of incomplete information from the petitioner that would substantially justify the request
in the above-described Exemption request as to whether it should be granted or denied; and
WHEREAS, the Board re -opened the continued public hearing on the 15th day ofNovember,
2004 upon the question of whether the above-described Exemption request should be granted or
denied, at which hearing the public and interested persons were given the opportunity to express their
opinions regarding the issuance of said Exemption request, and at which time the petitioner presented
new information that responded to previous deficiencies ofthe application; and
WHEREAS, the Board of County Commissioners closed the public hearing on the 15th day of
November, 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 from the Definition
of Subdivision) of the Garfield County Subdivision Resolution of 1984, as amended, finding
that County Road 245, also known as Buford -New Castle Road does prevent joint -use of
proposed Parcels #1 and #2.
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 Lots I and 2 ofthe Jenks 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
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Resolution and that the following conditions of this approval required by the Board of County
Commissioners have been satisfied.
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 two (2) lots created.
4. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots (to be labeled Lots 41 and #2), 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. Road cut or bore permits for a required water connection shall be obtained by the applicant and
shall be submitted to the Garfield County Road and Bridge Department prior to Recordation of
the Final Plat.
6. All Utility easements shall be placed on the final plat and submitted to the Garfield County Road
and Bridge Department for review prior Recordation of the Final Plat.
7. A driveway permit has been issued to the Applicant on 11/8/04 by the Garfield County Road
and Bridge Department. The Applicant shall abide by the requirements of said permit and
successfully execute the following items prior to issuance of the Special use permit prior to
issuance of a Building Permit;
a. construct the required pad (30'WX3O'LX4"D constructed of asphalt)
b. clear vegetation along the ROW of CR 245 in 350' in both directions
c. construct pad with no more than a 3% slope away from CR 245
d. install a 30' WX30"L culvert
e. construct driveway to prevent drainage from accessing CR 245
f. Driveway to be reviewed upon completion
8. The Applicant shall adhere to the self described fire protection outlined below and implement
this plan for review approval prior to issuance of the Certificate of Occupancy of any structures
erected on this lot.
a. Implementation of a 100 foot perimeter clearing around any structure of
low growing fuel sources
b. Removal of decaying fuel sources including downfalls around any
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structure
c. Maintain 35 t}. definitive area around any structures
d. Removal of all ladder fuel sources
e. Ten (10) foot spacing from the crown of all trees
f. Provide and maintain access road of a minimum of twenty feet width
and have a gravel base
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
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."
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
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) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owner's property boundaries."
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f. Final Plat notes and covenants shall be added that state the disclosure and nature of
mineral rights.
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Dated this 20th day of Dee., 2004
ATTEST:
Irtii Board
+•hffl lYN51+S{`�
Upon motion duly made and seconded the foregoin
vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
opted by the foliory)tig •
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
Aye
,Aye
I. , 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 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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Timothy Jenks — Exemption form Definition of Subdivision