HomeMy WebLinkAbout8.0 Resolution 2013-211111 in rammi! 11111
Reception*: 832584
03/14/2013 08:49:41 RM Jean Alberico
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 Tuesday, the 19th day of February A.D. 2013, there were present:
John Martin
Mike Samson
Tom Jankovsky absent
Frank Hutfless
Carey Gagnon
Jean Alberico
Andrew Gorgey
, Commissioner Chairman
, Commissioner
, Commissioner
County Attorney
Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 020/3 -..;)/
A RESOLUTION OF APPROVAL FOR A MINOR SUBDIVISION EXEMPTION ON A
222 ACRE PROPERTY OWNED BY RODNEY C. POWER, WILLIAM R.
PATTERSON, RONALD E. TIPPING AND MARIE E. TIPPING LOCATED AT 318
COUNTY ROAD 300 IN SECTIONS 27, 33 AND 34, TOWNSHIP 7 SOUTH, RANGE 96
WEST OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO# 2409-342-00-108
Recitals
A. Garfield County has received a request for a Minor Subdivision Exemption, known as
the Patterson Exemption to allow a two lot subdivision exemption located in Sections 27, 33 and
34, Township 7 South, Range 96 West of the sixth P.M., Garfield County.
B. The Subdivision Exemption is located within a 222 acre parcel of land owned by
Rodney C. Power, William R. Paterson, Ronald E. Tipping, and Marie E. Tipping. The
ownership of this property is described in a Special Warranty Deed found at Reception Number
575674 in the records of the Garfield County Clerk and Recorder. The Application was
submitted in conjunction with Encana Oil and Gas (USA) Inc.
C. The subject property is located within unincorporated Garfield County in the Rural
Zone District, approximately 4 miles southwest of the Town of Parachute.
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D. On October 29, 2012, the Director of the Building and Planning Department issued a
Director's Determination for a call-up of the Patterson Exemption for review by the Board of
County Commissioners (Board). On November 5, 2012 the Board considered the call-up request
at which time they determined by majority vote to schedule a public hearing on December 17,
2012 for consideration of the Applicant's request.
E. The Board opened a public hearing on December 17, 2012 to consider whether the
proposed Subdivision Exemption should be approved, approved, with conditions, or denied,
during which hearing the public and interested persons were given the opportunity to express
their opinions regarding the request. The Board continued the public hearing to January 21,
2013, at the request of the Applicant.
F. The Board re -opened the continued public hearing on January 21, 2013, and took
additional testimony and public input on the Application. The Board continued the public
hearing to February 19, 2012, at the request of the Applicant.
G. The Board again re -opened the continued public hearing on February 19, 2013 and
took additional testimony and public input on the Application. The Board closed the public
hearing on the 19th day of February to deliberate and make a final decision.
H. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The 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 the meetings.
3. That for the above stated and other reasons the proposed Subdivision Exemption
is in the best interest of the health, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of conditions and granting of waivers the application has
adequately met the requirements of the Garfield County Unified Land Use Resolution of
2008, as amended (ULUR), including Section 5-406, General County Exemption Criteria.
6. That after considering the application and all of the information provided, the
Applicant has satisfactorily demonstrated pursuant to ULUR Section 7-104 and C.R.S. §
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29-20-301, et seq., that the current uses existing and approved by the County on the
Subdivision Exemption Lots do not require a source of domestic water and thus the water
supply plan, deed restriction, and plat note limitations prohibiting changes to the use
without first providing ULUR compliant documentation of an adequate, reliable,
physical, long-term, and legal waters supply, are appropriate for the type of development
proposed.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Minor Subdivision Exemption request for the Patterson Subdivision Exemption is
hereby approved subject to compliance with the following conditions.
1. That all representations contained in the Application submittals shall be considered
conditions of approval unless otherwise amended or changed by the Board of County
Commissioners.
2. The Applicant shall include the following text as plat notes on the final exemption plat or
amend the existing text to conform to the following:
a. Control of noxious weeds is the responsibility of the property owner. Compliance
with the County Noxious Weed Regulations and Weed Act shall be required.
b. No new open hearth solid fuel fireplaces will be allowed anywhere within the
exemption.
c. 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.
d 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
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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 ofa legal and non -negligent agricultural operations.
e. 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.
f Addresses are to be posted where the driveway intersects the County road. Ifa 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, % inch in width and
contrasts with background color.
g.
Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus in adverse weather conditions.
h. Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire.
i. "The mineral rights associated with this property may not have been transferred with
the surface estate therefore allowing the potential for natural resource extraction on
the property by the mineral estate owner(s) or lessee(s)."
A site specific soils and foundation analysis shall be required for new construction.
Compliance with the recommendations of said analysis shall be required.
Engineered foundations and septic systems may be required pursuant to the findings
and recommendation of the soils analysis and percolation tests.
k. Traffic Impact Fees shall be calculated and paid to the County at the time of Building
permit issuance for changes in use on Lots 1 and 2, based on the ULUR in effect at
that time.
1. Compliance with all Garfield County Flood Plain regulations is required for
development on Lots 1 and 2.
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3. Site specific soils analysis shall be completed prior to issuance of building permits within
the Subdivision Exemption. Engineered foundations and septic systems may be required
pursuant to the findings and recommendation of the soils analysis and percolation tests.
A plat note containing this requirement shall be added to the Exemption Plat.
4. Approval of the proposed Exemption Plat shall be subject to final review and approval by
the County Attorney's Office and the County Surveyor. The Applicant shall submit a
final draft of the proposed plat based on the above review with all corrections required by
the County Staff. Upon final approval by Staff the mylar shall be printed and all
necessary signatures obtained prior to presenting the plat to the Board of County
Commissioners for their signature.
5. A waiver to the ULUR Water requirements contained in Section 7-104 is granted subject
to the requirement that a plat note be included on the exemption plat and deed restrictions
placed on both Lots 1 and 2 indicating that demonstration of legal, physical or adequate
sources of water for the proposed lots has not been provided and future changes in use
will require demonstration of said adequate water provisions for the lots prior to the
issuance of any future building permits. Final approval of deed restriction and plat note
text by the County Attorney's Office shall be required.
6. Traffic impact fees for Lots 1 and 2 shall be calculated and collected prior to issuance of
future building permits and changes in uses on said lots, as applicable in accordance with
the ULUR provisions in effect at that time. A plat note to that effect shall be included on
the Exemption Plat.
7. The Applicant shall maintain compliance with all conditions of approval contained in the
existing Land Use Change Permits for the Orchard Compressor Station located on
proposed Lot 1.
8. Prior to execution of the exemption plat the Applicant shall provide confirmation that all
previously required storm water drainage improvements for the existing Compressor
Station on Lot 1 are in place. The Applicant shall comply with Section 7-206 of the
ULUR by completing installation of the updated drainage plan prepared by River City
Consultants, dated 11/16/12 as soon as weather permits.
9. Changes to or relief from the conditions of approval, plat note restrictions and deed
restrictions shall require submission of an amended Subdivision Exemption Application.
114:
Dated this 1 1 day of a cut -wk. , A.D. 20 1 S
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ATTEST:
of the Board
Reception: 832584
03/14/2013 08:49:41 RM Jean Rlberico
6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, C fes:' • DO
Chairm
Upon motion duly made and seconded the forego as adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
, Aye
, Aye
, Absent
STATE OF COLORADO )
)ss
County of Garfield )
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
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