HomeMy WebLinkAbout7.0 Resolution 2003-94111111 11111 111111 11111 111111 IIII
540651 11/12/2003 03 52P B15
1 of 8 R 0.00 D 0.00 GARFIEL
11111111 11111 1111 1111
7 P828 M ALSDORF
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 Courthouse, in Glenwood
Springs on, Monday, the 17th day of June A.D. 2002, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Walt Stowe , 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.2003-94
A RESOLUTION CONCERNED WITH THE APPROVAL OF A EXEMPTION FROM
THE DEFINITION OF SUBDIVISION AND PLAT AMENDMENT FOR JOHN AND
NILA PARRINGTON LOCATED AT 0145 COUNTY ROAD 225.
WHEREAS, John and Nila Parrington 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 37.89 acre tract into four (3) tracts of approximately 11.547 acres, 10.375 acres, and
15.968 acres each with the exemption parcels more practically described as follows and contained in
Exhibit A:
Lot IA: See Exhibit A (attached) containing 11.982 acres,
Lot IB: See Exhibit A (attached) containing 10.232 acres, and
Lot IC: See ExhibitA (attached) containing 14.088 acres.
WHEREAS, the subject property contains approximately 37.89 acres and is located within
the A/R/RD zone district; and
WHEREAS, the Board of County Commissioners approved the first subdivision exemption
creating Lot 2 in 1995 and is memorialized on the Parrington Subdivision Exemption Plat;
WHEREAS, this request for an exemption from the definition from subdivision shall create
a total of four lots thereby rendering the property ineligible for any further exemption from the
definition of subdivision requests; and
WHEREAS, the Board of County Commissioners also approve the Amended Plat request to
slightly enlarge the "exception lot."
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 C olorado 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, held a
public hearing on the 17th day of June, 2002, upon the question of whether the above described
Exemption from the Definition of Subdivision and Amended Plat requests should be granted or
denied, at which hearing the public and interested persons were given the opportunity to express
their opinions concerning the approval the aforementioned requests; 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. 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,
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 and Amended Plat requests are in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
4. The application is in conformance with the Garfield County Zoning Resolution of
1978, as amended;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Exemption from the Definition of Subdivision and Amended
111111 1111I 11111111111111111111111I1111111111111111111
640651 11/12/2003 03:52P B1537 P829 M ALSDORF
2 of 8 R 0.00 0 0.00 GARFIELD COUNTY CO
1 11111111111 111111 11111 111111 1111 111111 111 11111 1111 1111
•640651 11/12/2003 03 52P 61537 P830 M ALSDORF
3 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
Plat requests are hereby approved subject to compliance with all of the following specific conditions:
1. The Applicant shall contact the Garfield County Road and Bridge Department to obtain two
driveway permits for access to the newly created lots. The Applicant shall present evidence
of the obtained permits to the Garfield County Building and Planning Department prior to
the submission of the Final Plat.
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. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension, and area of the proposed lots, 25 ft. wide access to a publ:;c right-of-way, and any
proposed easements for setbacks, drainage, irrigation, access or utilities;
4. That the applicant shall have 120 days (until 10/17/02) to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption;
5. That the applicant shall submit the applicable School Site Acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
6. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
7. The access roadway to the parcels shall be maintained adequately to accommodate the
weights and turning radiuses of emergency apparatus to permit access during adverse
weather conditions.
8. Foundations and Individual Sewage Disposal Systems of all new dwellings shall be
engineered by a Professional Registered Engineer within the State of Colorado.
9. The Applicant shall submit a Final Plat that correctly delineates the existing Grand River
Ditch Easement across Lots 1 A, 1 B, and 1C as well as the correct book and page number
regarding its proper recordation. The Plat shall correctly indicate the lot sizes in acres. The
Final Plat shall show the expanded "exception lot" and include its size in acres as well as the
correct book and page number regarding its proper recordation. The Applicant shall clarify
the proper acreage of Lot 2 and delete the "Lot 3" designation currently represented on the
"exception lot."
10. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) All recommendations made by the Rifle Fire Protection District shall be followed. In
3
1 11111 1111 111111 11111 111111 1111 111111 111 11111 1111 iui
640651 11/12/2003 03:52P B1537 P831 M ALSDORF
4 of 8 R 0 00 D 0.00 GARFIELD COUNTY CO
addition, compliance shall be required for the NFPA 299, Standard for Protection of Life
and Property from Wildfire recommendations.
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. 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
appli ances.
d) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries.
e) Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
f) Any new buildings shall avoid areas of natural drainage. Nat.iral drainages shall be
preserved to the maximum extent possible.
g)
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.
h) 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.
11. 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;
12. Prior to the signing of a plat, all physical water supplies shall demonstrate the following
points. These points shall not apply to the existing well on proposed Lot 1C (which is the
parent lot):
4
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 well 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. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
13. That the existing plat notes on the 1995 Parrington Final Subdivision Exemption Plat shall be
included on this Final Exemption Plat. However, these specific plat notes shall not apply to
the expanded portion of the Exception Lot (Book 579 and Page 842) These plat notes are: 1)
All new construction shall be consistent with Colorado State Forest Service wildfire
protection guidelines specified in pamphlet "Wildfire Protection in Wildland Urban
Interface" (CSFS #143-691), and 2) control of noxious weeds is the responsibility of the
property owner.
Dated this 1 ti tit 44 41. z. kkil(Pmhr'r
ATTEST: • 0
Clerk oftla. Board45
,•�
Upon motion du%`M/tel `rid seconded the foregoi
following vote:
_ -1
-,
, A.D. 2003 .
GARFIELD COUNTY BOARD OF
CO• SIONERS, GARFIELD
COLO! 0
Mir
COMMISSIONER CHAIR JOHN F. MARTIN
ution ' 'as adopted the
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER STOWE
111111111111111111111111111111I11111111III 1111 Ell 1111
640651 11/12/2003 03:52P B1537 P832 M ALSDORF
5 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
, Aye
, Aye
, Aye
5
11111111111111111111111111111 1111 1111111111111111111111
640651 11/12/2003 03:52P B1537 P833 M ALSDORF
6 of 8 R 0.00 D 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
6
PROPERTY DESCRIPTION
LOT 1A
A PARCEL OF LAND SITUATE IN THE SOUTHWEST 1/ 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE
92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING A PORTI014" OF LOT 1 AS SHOWN
ON THE FINAL PLAT PARRINGTON SUBDIVISION EXEMPTION, COUNTY OF' GARFYELD, STATE OF
COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 6, A CONCRETE NAIL IN ?LACE (WHENCE A
BRASS CAP WITNESS CORNER LS NO. 14060 BEARS N00°4752"W 16.37 FEET); THENCE N00°4752"W
ALONG THE NORTH -SOUTH CENTERLINE OF SECTION SIX, 258.72 FEET TO A REBAR AND CAP LS NO.
31143 SET IN PLACE, THE TRUE POINT OF BEGINNING; THENCE DEPARTING S&,ID NORTH -SOUTH
CENTERLINE N89 °59'04"W 54.60 FEET TO A REBAR AND CAP LS NO. 31143 SE7 IN PLACE; THENCE
N00 °34'58"W 443.00 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE N00 °08'45°E
267.02 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE S89°00'4314/334.03 FEET
TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE N32°28'54 "W 494.159 FEET TO A POINT
IN A FENCE LINE IN PLACE, A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE N06 °18'03"W
ALONG SAID FENCE LINE 225.02 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE
CONTINUING ALONG SAID FENCE LINE N12°5734"E 110.78 FEET 70 A REBAR AND CAP LS P10. 31143
SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE P111 °04'57"E 72, 05 FEET TO A REBAR
AND CAP LS NO. 31143 SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE S85°I734"5
36.48 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE LEAVING SAID FENCE LINE
NO3 `45'32 "E 78.37 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE THENCE S82 38'39'E
118.33 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE S62°30'26'E 89.82 FEET
TO A REBAR AND CAP L5 P10. 31143 SET IN PLACE; THENCE S66°10'56"E 54.70 .FEET TO A REBAR
AND CAP LS NO. 31143 SET IN PLACE; THENCE S86 °57' 19'E 70.39 FEET TOA REBAR AND CAP LS NO.
31143 SET IN PLACE; THENCE P86 °39'59"E 71.90 FEET TO A REBAR AND CAP L3 NO. 31143 SET IN
PLACE THENCE N87°39'56"E 192.31 FEET TO A POINT ON SAID NORTH -SOUTH CENTERLINE OF
SECTION 6, A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE S00°47'52"E ALONG SAID
NORTH -SOUTH CENTF,RLINE 1528.80 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF
LAND CONTAINING 11.982 ACRES, MORE OF LESS.
LOT 1B
A PARCEL OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE
92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING A PORTION OF LOT 1 AS SHOWN
ON THE FINAL PLAT PARRINGTON SUBDIVISION EXEMPTION, COUNTY OF GARFIELD, STATE OF
COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH 1/ 4 CORNER OF SECTION 6, A CONCRETE NAIL IN PLACE (WHENCE A
BRASS CAP WITNESS CORNER LS NO. 14060 BEARS N 00°47'52" W 16.37 FEE77; THENCE
N00 °47'52"W ALONG THE NORTH -SOUTH CENTERLINE OF SECTION SD{, 199.8I FEET 70 A REBAR
AND CAP LS NO. 31143 SET IN PLACE, THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID
NORTH -SOUTH CENTERLINE N89°59'04 "W 762.03 FEET TO A REBAR AND CAP LS NO. 31143 SET IN
PLACE; THENCE N00 00'00"W 940.36 FEET TO A FENCE LINE IN PLACE, A REBAR AND CAP LS NO.
31143 SET IN PLACE; THENCE N37 23'08"E ALONG SAID FENCE LINE 123.46 FEET TO A REBAR AND
CAP LS NO. 31143 SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE S86 20'27E 20.65 FEET
TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE
N23 °16'09"E 47.08 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THE,YCE CONTINUING
ALONG SAID FENCE N06°18'03"W 100.47 FEET ID A REBAR AND CAP LS NO. 31143 SET IN PLACE;
THENCE LEAVING SAID FENCE LINE S32 °28'54 "E 494.69 FEET TOA REBAR ANE CAP LS NO. 31143
SET IN PLACE; THENCE S00°45'30"E 261.18 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE;
THENCE S89°59'04"5 135.01 FEET 70 A REBAR AND CAP LS NO. 13501 IN PLACA:3; THENCE
S00 °05'10"W 443.00 FEET TOA REBAR AND CAP LS NO. 31143 SET IN PLACE T WENCE S89 °59'04'E
254.60 FEET TO A POINT ON SAID NORTH SOUTH CENTERLINE OF SECTION 6, A REBAR AND CAP LS
NO. 31143 SET IN PLACE; THENCE SOO°47'52"E ALONG SAID NORTH -SOUTH CENTERLINE 58.90
FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 10.232 ACRES, MORE
OF LESS.
1111111 11111 111111 11111 IIIIII 1111111111111 11111 1111 IIIc
640651 11/12/2003 03 52P B1537 P834 M ALSDORF
7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO
LOT 1C
A PARCEL OF LAND SATIATE IN THE SOUTHWEST 1 / 4 SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING A PORTION OF LOT 1 AS SHOWN ON
FINAL PLAT PARRINGTON SUBDMSION EXEMPTION, COUNTY OF SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLSTATERFIELD, OF COLORADO,
LOWS.
BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 6, A CONCRETE NAIL IN PLACE (WEENCEA
BRASS CAP WITNESS CORNER LS NO, 14060 BEARS N00°47'52"W 16.37 FEET', THE TRUE POINT OF
BEGINNING; THENCE S89°01'42"W ALONG THE SOUTHERLY LINE OF SECTION 6 A DISTANCE OF
1588.36 FEET TO A POINT IN A FENCE LINE IN PLACE, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF SND SECTION 6, A BRASS CAP LS NO. 12770 IN PACE; THENCE N00°33'09"W ALONG
SAID FENCE LINE 325.92 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE
CONTINUING ALONG SAID FENCE LINE; THENCE CONTINUING ALONG SAID FENCE LINE S59 °37'18"E
98.27 FEET TO A REBAR AND CAP LS NO. 31143 SET LY PLACE; THENCE N72 26'12"E 213.63 FEET TO
A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE
P36 °34'19°E 24.22 FEET TO A REBAR AND CAP LS NO. 3.1143 SET IN PLACE; THENCE CONTINUWG
ALONG SAID FENCE LINE S88 °37'18"E 33.42 FEET TO A REBAR AND CAP LS NO. 31143 SET IN PLACE;
THENCE CONTINUING ALONG SAID FENCE LINE N30 °40'55"E 430.48 FEET TO A REBAR AND CAP LS
P10. SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE N38 °3750 "E 43.04 FEET TO A
REBAR AND CAP LS NO. SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE LINE 11180°36'18"E
124.75 FEET TO A REBAR AND CAP LS NO. SET IN PLACE; THENCE CONTINUING ALONG SAID FENCE
LINE N43 °2720"E 30.43 FEET TOA REBAR AND CAP LS NO. SET IN PLACE; THENCE CON''7NUING
ALONG SAID FENCE LINE N0743'49"E 283.84 FEET TO A REBAR AND CAP LS NO. SET IN PLACE;
THENCE CONTINUING ALONG SAID FENCE LINE N37°23'08 "E 101.21 FEET TO A REBAR AND CAP LS
NO. SET IN PLACE; THENCE LEAVING SAID FENCE LINE SO0°00`00"E 940.36 FEET TO A REBAR AND
CAP LS NO. 31143 SET IN PLACE; THENCE S89 °59'04 "E 762.03 FEET TO A POINT ON THE NORTH
SOUTH CENTERLINE OF SECTION 6, A REBAR AND CAP LS NO. 31143 SET IN PLACE; THENCE
S00°47'52"E 199.81 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING
14.088 ACRES, MORE OF LESS.
1 111111 11111 111 11111 1111 Ell 1111111111111111111111
640651 11/12/2003 03:52P B1537 P835
8 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO