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Receptionfl: 750193
@6t1?il2e/O8 10:4.l:19 At'l Jean Albericoi of 5 Rec Fee:$0.0@ Doc Fee:0.0O GFRFIELD COUNTY CO
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STATE OF COLORADO )
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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 PlazaBuilding, in Glenwood springs
on, Monday, the l4e day of April, A'D' 2006,there were present:
Commissioner ChairmanJobn Martin ' uorrurlssluutrr
r ^-, r\,{^raarrm . CommissionerLarrv McCown ' uo[urussruusr
'r-A-i rrarrn+ . CommissionerTrBsi HouPt ,
Don DeFord ' CountY AttorneY
f"* etU"ri"o , Clerk of the Board
Ed Green , CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNo. 2008-78
A RESOLUTION CONCER}I-ED WITH GRANTING AN E)GMPTION FROM TIIE
DEFINTTION OF STJBDTYISION IN THE GARFIELD COI.INTY ST]BDfYISION
REGI.ILATIONS FOR A PROPERY OWNED BY THE TOMPID REVOCABLE TRUST
LoCATEDoNCoI]NTYRoAD3I3INTIIEsw%oFTImNE%ANDAPoRTI0N
oF TIIE I{w % oF TIIE SIi%,IN SECTIoN 20, ToIMNSHIP 7 SOUTII' RAIYGE 91
WEST OF TIm 6m PM, COIINTY OF GAR3'IELD, STATE OF COLORADO
Parcel ID: 2399-201-00-0 13
WHEREAS, the TompidRevocable Tnrstpetitionedthe Boardofcounty commissioners of
Garfield Co,nty, colorado, for an exemption from the definition of the terms "subdivision" and
..subdMded land" r:nder C.R.S. 7973, rb-zg-tot (10) (a)-(d), as amend?d-, Td the Subdivision
n gofutio*ofGarfieldCountyColorado,adoptedAptil23,l984,Section8:00through8:60andfor
the division of a 45.551-urr" piop.rty into trvoiots *h"r" Lot t has 37 .187 acres and Lot2bas2'793
acres;
WHEREAS, the property is located within the AgriculturaV Residential / Rural Density
(A/R/RD) zone distict *a i, aro located in Study Area2of the comprehensive Plan of 2000 in an
area designated as "outlying residential";
WHEREAS, Section 8:52(A) ofthe Subdivisionregulations 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 ,""oid, ofthe GarEeld County Clerk and Recorder's Office
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Receotion$: 750193
daitaitzgge 10:41 : 19 AI'r Jean nlberico:";i-6-H;; rii,66.os' boc-FE",6.00 ennrtElo couNrY c0
on January l, lg73 ,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 us'e of the proporrJm.ts, 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 exemptiln 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 l, 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
purposesofpartl,Article28,Titl;30,ColoradoRevisedStatutes lgT3,asomended,forthereason
iU"itUr 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 tants wur be pennitted by the colorado Department of Health, that the
requested division is not part of ao existing or larger development and does not fall within the
general purposes and inte;t ofthe Subdivision Regulations ofthe State of Colorado and the County
of Garfield, and should, therefore, be exemirted from the definition of the terms "subdivision" and
,,subdivided land" as set forttr in C.R.S. tgil,30-28-101 (10) (a)-(d), as amended; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, onthe basis
of substantial competent evidence produced at the aforementioned hearin8, has made the following
determination of facts:
1. proper public notice was provided as required for the hearing before the Board of County
Commissioners;
2. Thehearing before the Board of County Commissioners wils extensive and complete, all
pertinent facts, matters and issues were submitted, and all interested parties were heard at
that meeting;
3. The above stated and other reasons, the proposed Exemption from the Definition of
subdivision is in the best interest of the hehth, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County; and
4. The application is in conformance with the Garfield County ZonngResolution of 1978,
as amended.
NOW THEREFORE, BE IT RESOLVED that the division ofthe above described tact is
hereby exempted from such defrnitions with the conditions set forth below and may be conveyed as
parcels ofthe Tomlinson Subdivision Exemption and that a copy of the instument or instnrments of
conveyance when recorded shall be filed with this Resolution and that the following conditions of
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Receotion*: 750193iiattaitzgge 10:41 :19 Ql'l Jean nlberico5";i-6-E; rEiiiti.oo]ioc-Fie,s.so GARFIELD couNrY co
this approval required by the Board of County Commissioners have been satisfied'
1. That all representations made by the Applicant in a public hearing before the Board of
County e.mmissioners shall b" "oosid.red
conditions of approval unless otherwise
amended or changed bY the Board;
Z. The Applicant shall provide a an Access Easement to be recorded at Garfield County
Clerk,s Offrce at the time of filing the Final Exemption Plat prior to Staffpresenting the
Exemption Plant to the Board of county commissioners for signature;
3. The Access Easement shall be depicted on the Final Exemption Plat;
4. The Applicant shall provide a water quatity analysis conducted on the well serving the
proposed f,xsmption prior to Staffpresenting the Exemption Plat to the Board of County
Comm i ssioners for signature;
5. The Applicant shall provide a well sharing agreement between Parcels one and two ofthe
proposed Exemption. Said well sharing agreement shall be recorded with the Finat
ExemPtion Plat;
6. The Applicant shall provide the results of a pump test (4hr minimum) conducted on the
well serving the proposed Exemption;
T.TheApplicarrtshallprovideawrittenstatementfromthequalifiedprofessional
conducting the pump test regarding the adequacy of the well-to serve the proposed
exemption based on an assumltion of * uu"ruge of no less than 3.5 people per dwelling
unig using 100 gallons of water per persor' per day;
g. The Applicant shall deed a 30-foot right of way from the c9ntgr line of the existing road
thelengtnoftheproperfythatbordersCountyRoad3l3forfutueroadimprovements
(Garfield County Road and Bridge request);
9. The Appticant 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 (l) dogwill be allowedfor eachresidential unit within a subdivision exemption
and ihe dolg shalt be requrrid to be confinedwithin the owner's property boundsries'
c. No open hearth solid-fuelfireplaces will be allowed anywhere within an exemption'
One'(I) new solid-futt Oi"iig ttove as defied by C R'S-' 25'7-401' et' seq" and the
,rgrri*io^ promilgated theieunder, wiil be allowed in any dwelling unit' All
freilingunits witt ie allowed anunrestricted number of natural gas burning stoves
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Reception#: 750193
o611?ilzoaa 10:41:i9 At! Jean Albericoi-;i-ai-R; eei,io.oo Doc Fea,0.0o GARFIELD couNTY c0
and apPliances.
d. All exterior tighting shall be the minimum amount necessary and that all-exterior
tighting be dtiectei imtard and downward, towards the interior of the subdivision
exemptio4 except that provisions may be made to allowfor safety lighting that goes
beyond the proPertY boundaries.
e. Colorado is a "Right-to-Fmm" State pursuant fo C..R.S' 35'i-101, et seq'
Landowners, resideis andvisitors must be prepored to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect o1itvtrg tn a County with a strong rural character and a healthy
ranching sector. ihose itth o, urban sensitivity may perceive such activities, sights,
sounds and smells only as incorwenience, eyesore, noise and odor' However' State
law and County policy provide that ranching, farming or other agricultural activities
and operations within-Garfietd County shall not be c,onsidered to be nuisances so
longZs operated in cortformance with the law and in a non-negligent manner'
Thirefori, all must be piepared to encounter notses, odor, lights, mud, dust, smoke
chemicals, machinery oi public roads, livestock on public roads, storage and
disposal of manure, and ihe application by spraying or otherlrise of chemical
\rr'tilirrrs, soil amendments, heriicides, and pesttcides, any one or more ofwhich
'may
naturally occur as a part of a legat and non-negligent agricultural operations'
All owners of land, whether ranch or residence, hare obligations under State lavt
and County regulations with regard to the maintenance of fences and irrigation
di t c he s, c ontr oi l ing w e e ds, kz ep in g l iv e s t o ck and p e t s under c ontr o l, us in g pr op e r ty
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 sourcefor ,rriir\or*ation is "A Guide to Rural Living & small scale
Agriculturi" put oui Uy the Cilorado State (Jniversity Extension Offce in Garfield
County.
Addresses are to be posted where the driveway intersects the County road' If a
shared driveway * ised" the ad&ess for each hame should be posted to clearly
identify each aidress. Letters are to be a minimum of 4 inches in height, % inch in
width and contracts with background color'
GARFIELD COTINTY BOARD OF
COMMISSIONERS, GARFIELD
couNTY, COLORADO
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Receotion* : 750193gatlsitzooa 10:41: l9 Al'l Jean AlbericoE-;i-3-R;; Fle'$0.00 Doc Fee:o.O0 GnRFIELD cOUNTY co
Upon motion duly made and seconded the
following vote:
STATE OF COLORADO
County of Garfield
r County Clerk and ex-officio Clerk of the Board of
I, ' -::-- -^-' r r:^-al-rrr-^ ^--^-.^l
county commissio"@d state afor_esaid, do hereby certify that the annexed
and foregoing Resorution is trury copied from the Records of the proceeding of the Board of county
Commissionirs for said Garfield County, now in my office'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said cor:nty,
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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