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HomeMy WebLinkAbout5.0 Resolution 2004-12, llllili illl llllllllllll lll lllll lllllll lll lllll llll llll 645280 OI/23/2OO4 12r33P 81556 P494 1'l RLSD0RF 1 of 6 R O.OO D O.OO GRRFIELD C0UNTY C0 STATE OF COLORADO County of Garfield At aregularmeeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County P[azaBuilding, in Glenwtod Springs on, Tuesday, the 2"d day of September A.D. 2003, there weie present: John Martin , commissioner chairman Larlv McCown , Commissionerfre. , Commissioner Don DeFord , County Attomey , Clerk of the Board County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION No. 2oO4_12 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THEDEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DAVID MAYES FOR A TRACT OF LAIID LOCATED IN NORTIIWEST _QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WESTOF TIIE 6'" P. M. ON COUNTY ROAD 238 (SLAUGHTER IIOUSE GULCH), GARFIELD COUNTY, COLORADO WIIEREAS, David Maves petitioned the Board of County Commissioners of Garfield county, coiorado, 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 oiGarfieldCountyColorado,adopted Apil23,1984,Sectiong:00throughg:60andforthedivisionof a38.l0acretractintotwo(2)tractsofapproximately2g.2lacresand T.44acreswiththeexemption parcels more practically described as follows and contained in Exhibit A: Lot 1 (29.27 acres): See Exhibit A (attached) Lot 2 (6.35 acres): See Exhibit A (attached) WIIEREAS, the property is located within the Agricultural/ Residential / Rural Density(A/R/RD) zone dishict and is also located in Study Area}of the Comprehensive plan of2000 in an area designated as "outlying residential,,; and WHEREAS, the subject parent property Exemption from the Definition of Subdivision; and ) )ss ) 38.10 acres, was created by an WHEREAS, Section 8:52(,{) of the Subdivisionregulations of 1984, as amended, states that "No more than a total of four (4) lots, parceis, 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 I , I97 3 , 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) preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, 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 oi dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirfy-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land createdby exemption since January 1, 1973." WIIEREAS, The 3 8 acre tract, originaily created by exemption, is split by Counfy Road 23 8 (also known as "Slaughter House Gulch") which prevents the joint use of both tracts. As such, this request is consistent with this language and may, atthe discretion ofthe Board, be created as its own tract via Exemption and not count as one of the four exemption lots; and WHEREAS, 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 Part 1, Article 28, Title 30, Colbrado Revised Statutes 1973, as amended, for the reason that the division does not wa:rant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, 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 requested 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 Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in c.R.s. 7973,30-28-101 (10) (a)-(d), as amended; and WIIEREAS, 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. Proper public notice was provided as required for the hearing before the Board of County Commissioners; 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; The above stated and other reasons, the proposed Exemption from the Definition of Subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; and 2. J. ililil lllll llllll llllll lll lllll lllllll llllllllllll llll aiszao oLtiitzgo+ 12r33P 81556 P49s I'l RLSDoRF 2 of 6 R O.OO D O.OO GRRFIELD COUNTY C0 4. The application is in conformance with the Garfield County ZoningResolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED that the division of the above described 38.10 acre tract is hereby exempted from such definitions with the conditions set forthbelow and maybe conveyed in the form of the '(Lot l" and 'ol,ot 2" of the Maves Subdivision Exemption, as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be fi1ed with this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been completed. 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 inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 3. That the applicant shall until September 2,zXL4,to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. The Applicant shall submit a final exemption plat indicating the legal description of all the lots created, dimensions and areas (in acres) of the lots, and all easements (such as the access and well easements) encumbering the property. 5. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption lot prior to approval of the exemption plat; 6. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Plaruring Department that a well test has been completed for the newly created Lot 2 which demonstrates an adequate pump rate and water quality pursuant to subset a -/below. Ifthe 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 test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d. A written opinion of the person conducting the weli 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. illlll lllll llllllllllll lll lllll illlll lll lllll llll llll 64528@ O|/23/2OO4 12:33P 81556 P496 I'l RLSD0RF 3 of 6 R O.oO D O.@O GRRFIELD COUNTY C0 7. That the following piat 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 anyvvhere within an exemption. One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-40I, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. A11 dwelling units will be allowed an unrestricted number of natural gas buming stoves and appliances. c) A11 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 necessary aspect ofliving 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 pubiic roads, storage and disposal of manure, and the application by spraying or otherwise of chernical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may nafurally occur as a part of a legal and non-negligent agricultural operations. D A11 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 undff 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 property boundaries. 8. The Applicant shall work with the neighbor to the east, Mr. Richard Murr, to formally establish and delineate an access easernent suitable to the Applicant and Mr. Murr, which provides adequate access from CR 238 across the Applicant's newly created Lot2 to Mr. Murr's property. This easement shall be represented on the Final Plat to be signed by the Board. f L'+ul?1,",,,1!-1ru!'*ilulJJl'J,l,H#l|!!tt1!!r Dated this 20th day of ATTEST: January 2OO4 COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER TRESI HOUPT , Aye STATE OF COLORADO 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 ofthe 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 ) )ss ) Lllrll rllr ilil[ ]lllt il ilil l]lllt til l]] llil lllt645280 OI/23/ZOO4 t2:33p 81556 p49E I,l ruiOOnf-5 of 6 R O.OO D O.OO GRRFIELD COUNTY CO GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD couNTY, coLoRADO I lllill lllil lrlll lLlu l!!.!ll!l.rul,lll.lllll ul"[ll's'iiidta'siirzliilsoq :nigsF Brsse P4es l'l RLSDoRF ;';;-6 R o.@@ D o.oo GRRFIELD couNTY co LEGAL DESCRIPTIONS LOT 7A troct of lond situoted in West of the 6th P.M. being Section 6, Township 6 South, Ronge gl mbrb porticulorty described os follows: Beginning of the Souiheost Corner of Section 33, Township 5 South, Ronge 91 West of the 6th P.M. whence the North Quorter Cornbr of soid Section 6 beors 5 88:48'05" E 849.20 feet; thence olong soid North tine S 88'48'05" E 124.24 feet to the wesferly right of woy of County Rood No, 238 thence olong said westerly right of woy S 41'52'00" E 186.82 feet; thence S 28'57'00" E 535.69 feet; thence S J/'31'47" E 325.96 feet to the north tine of Lot 2 of the Wnittiigton Srtiiritin Exemption os shown on tie ptot recorded in the Office of the Gorfield County Clerk ond Recorder; ; thence olong the boundory of soid Lot- 2 S 88'50'48" W 162.65 feet; thenceS /4'55'52" W 2tb.39 feet; thence 5 47'03'lg" W 7J9.77 feet; thence S 7 g'J7'03" W 127.23 feet; thence S l9'50'28" E 183.22 feet; thence S 11'26'42" E 281.78 feet; thence S 32'22'55" W I 7 9.05 feel-to a point on th'b north line of thot porcel described in Book l S|EJ of Poge 809; thence olong soid north line ond olong the north line of thot porcel described in Book 1291 of Poge 4 N 73'19'00." W 267.66 feet; thence ccntinuing olong the north lineof thot porcel described in Book 7291 of Poge 4 of Poge. ond' olong the north line of that porcel described in Book 445 of Poge 90 S 65'44'28" W 364.72 feet; thence S 47'20'28" W 46.99 feet to o point on the eosterly boundory of thot porcel described in Book 441 of Poge'90; tience olong soid eosterly boundory N 00'59'47" W 480,32 feet; thence S 89'55'25" W 312,67 feet; thence deporting soid boundary line N 03'51'3!" E 992.62 feet; thence S 75'12'58" E 792.08 feet; thence N 20'18'00" W 748,11 feet to the Point of Beginning hoving on oreo of 29.21 .acres more or less, LOT 2A troct of lond situoted in Section 6, Township 6 South, Ronge 91 West of the 6th P.M. being more porticulorly described os follows: -Beginning of o point on the North line of soid o,f said Section 6 whLnce ihe Nortn % Corner of soid Section 6 beors S 88'48'05" E 72.13 feet; thence olong on existing fence line S 02'04'27" E 78.2Q feet; thence S 0b'15'34" W'91.54 feet; thence S 41'57:57" E 44.75 feet; thence S O4'J4'1'5"'E 82.90 feet; thence S 01'16'00" E 656.29 feet to o point on the North boundory of Lot 1 of the Whittington Subdivision Exemption os shown on the plot recorded in the Office of the Gorfield County Clerk ond Recorder; thence olong said boundory N 54'22'52'. W 74.29 feet to the eosterly right of woy of County Rood No. 238; thence olong soid right of woy ond olong o curve to the left with on orc length of 40.31 feet, o rodiis of 126.45 feet, o centrol ongle of'18'15'59", o chord beoring of N 22'23'42" W, g chord length of 10.74 feet, thence N 37'31'41" W 347.85 feet; thence N 28"57'OO" W 541.13 feeti thence N 4l'52'00" W 737.53 feet to the North line of soid Section 6; the.nce olong soid North tine S 88'48'05': E 570.70 feet to the Po'int of Beginning hoving on .oreo of 6.35 ocres more or less. Io Irb ;..: :. : :'riij. ,J:r1i: