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HomeMy WebLinkAbout4.0 Resolution 2008-301111 r 11 ,1w!,u%rr OriirieLiiMi 1111 Reception#: 743343 02/21/2008 03:33:31 PM Jean Plberico 1 of 6 Rec Fee:$0.00 Doc Fee: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 Administration Building, in Glenwood Springs on, Monday, the 4t' day of February A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2008-30 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERY OWNED BY TLCCO INCORPORATED THE 9.40 - ACRE PARCEL IS LOCATED ON STATE HIGWAY 133 AND IN SECTION 3, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PM, GARFIELD COUNTY Parcel ID: 246303210005 WHEREAS, TLCCO, Incorporated 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 9.40 acre tract into one (1) 7.04 acre parcel and one (1)2.36 acre parcel as shown on the Exemption Plat; WHEREAS, the property is located within the Residential / General / Urban Density (R/G/UD) zone district and is also located in Study Area 1 of the Comprehensive Plan of 2000; and 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 1, 1973, 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 1111 KI.P11111,1HI.Wliti. if +L 11 11 1 Reception#: 743343 02/21/2008 03:33:31 PM Jean Alberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." 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, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant 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. 1973, 30-28-101 (10) (a) -(d), 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 public hearing before the Board of County Commissioners; 2. That the public hearing 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, the proposed exemption has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. That the application has met the requirements §8:00 of the Garfield County Subdivision Regulations of 1984, as amended; NOW THEREFORE, BE IT 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 the form of Lots 1 and 2 of the TLCCO, Inc. Subdivision Exemption, as are more fully described in Exhibit A attached hereto 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. ■III ,MW���� ��� 11 111 Reception#. 743343 02/21/2008 03:33:31 PM Jean Rlberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board; 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsibility of the property owner. b. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner 's property boundaries. c. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. seq., 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. d. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 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 of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, 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. 3 ■III KfinICHWOWIRCHI 10,10,414 111III Reception#: 743343 02/21/2008 03:33:31 PM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • f 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. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, Y2 inch in width and contracts with background color. 3. The Applicant shall obtain an access permit from Colorado Department of Transportation allowing for the proposed use or provide documentation from CDOT demonstrating that a new permit is not required; 4. The Applicant shall record a shared access driveway agreement in a form acceptable to Garfield County Attorney's Office prior to the recordation of the Exemption Plat; g. ATTEST: GARFIELD COUNTY BOARD OF COMMISS • NERS, GARFIELD COUNTYORADO Cs k of the Board Cha' Upon motion duly made and seconded the foregoinlsolutionopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , Aye , Aye , Aye 4 1111 Mid% 1i'Ml?Ml 11111 Reception#: 743343 02/21/2008 03:33:31 PM Jean berico 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss 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 of the 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 5 1111 !Ina rW�H� I Vrinfillihrlialligi Mill 11111 Reception#: 743343 02/21/2008 03:33:31 PM Jean Rlberico 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO "Exhibit A" • A Parcel of land situated in Lots 3, 4, 5, & 6 Section 3, Township 8 South, Range 88 West, 6th P.M. Lying southwesterly of Colorado State Highway No. 133, as recorded in Book 689 Page 622 in the Garfield County Clerk and Recorder. Said Parcel of land being more fully described as follows: Beginning at a point on the Westerly right-of-way line of said highway, Whence the N1/4 corner of said Section 3 bears N57°52'49"E a distance of 616.40 feet; Thence S00°36'46"E a distance of 1000.04' along the West line of Triangle Park as shown on the Plat of River Valley Ranch Phase I, recorded as Reception No. 498928 in Garfield County Clerk and Recorder; Thence N55°14'39"W a distance of 827.40 feet along the Northerly line of said Triangle Park and the Easterly line of Block BB of River Valley Ranch Phase IV recorded as Reception No. 525880; Thence continuing along the Easterly line of said Block BB the following 3 courses; N28°48'43"W a distance of 176.06 feet; Thence S88°10'32' W a distance of 4.10 feet; Thence NO2°23'32"W a distance of 18.09 feet to the Southerly line of parcel of land recorded Book 1366 Page 941; Thence N87 56 06 E a distance of 553.03 feet along the Southerly line of Parcels of land recorded in Book 1366 Page 941, Book 958 Page 833, Book 898 Page 989, Book 1119 Page 693 to the South East corner of parcel recorded at Book 1119 Page 693; Thence N00°41'23"E a distance of 627.92 feet more or less along the Easterly boundary of Parcels of land recorded in Book 1119 Page 693, Book 1739 Page 965, Book 1739 Page 983 to the Westerly right-of-way line of said Highway 133; Thence along the Westerly right-of-way the following three courses S45°07'38"E a distance of 58.16 feet; Thence 187.23 feet along the arc of a curve to the right having a radius of 1091.40 feet, a central angel of 9°49'45", and subtending a chord bearing of S38°39'22"W a distance of 187.00 feet; Thence S30°21'23"E a distance of 122.52 feet to the point of beginning containing 9.40 Acres more or less. Owner has caused said property to be laid out and platted as in the name SUBDIVISION EXEMPTION PLAT TLCCO PROPERTY and is subject to the easements, reservation and other matters shown hereon.