HomeMy WebLinkAbout3.0 Resolution 2005-08STATE OF COLORADO )
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County of Garfield )
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At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs
on, Monday, the 20th day of December, 2004 A. D., there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION No. 2005- 08
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM
THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERTY OWNED
BY ELEANOR PIFFER AND LOCATED APPROXIMATELY ONE (1) MILE
NORTHEAST OF SILT, COLORADO, WITH ACCESS TO CR 250 AND IN SECTION 32
OF TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN IN
GARFIELD, COUNTY COLORADO
WHEREAS, Eleanor Piffer 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
an approximately 78.59 acres into four (4) parcels, 10.73 acres, two (2) at 10.21 and a fourth lot of
49.37; and
WHEREAS, the property is legally described as being situated in Section 32 of Township 5
South, Range 91 West of the 6th Principal Meridian, County of Garfield, State of Colorado and
located within the Agricultural/ Residential / Rural Density (ARRD) zone district and in Study Area
2 of the Comprehensive Plan of 2000 in an area designated as "Outlying Residential - 2 acres per
Dwelling Unit"; and
WHEREAS, the Board held a public hearing on the 20th day of December, 2004 upon the
question of whether the above-described Exemption request should be granted or denied, at which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said Exemption request; and
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WHEREAS, the Board of County Commissioners closed the public hearing on the 20th day
of December, 2004, to make a final decision; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division falls within the purposes of
Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, 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 meeting before the
Board of County Commissioners.
2. That the meeting 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 throughout this staff report, the proposed
exemption has been determined to be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That the application has met the requirements of Section 8:52 (Exemption from the Definition
of Subdivision) of the Garfield County Subdivision Resolution 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, 2, 3 and 4 of the Piffer Subdivision Exemption, as are more fully described above
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.
1. 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 comply with the 1978 Garfield County Zoning Resolution and the
Colorado Department of Health standards.
3. It shall be necessary for the Applicant to include all of the new lots in a Home Owners
Association to assure an equal share of the responsibility can be guaranteed for the
obligations pertaining to road maintenance and repair and to water system maintenance and
standard operations. This Declaration of Covenants with this information shall be included
in the Final Plat submittal.
4. A Exemption Plat shall be submitted by the Applicant, indicating the legal description of the
property, dimension and area of the proposed lots, all easements, centerline and full
2 Eleanor Piffer — Exemption form Definition of Subdivision
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dimension of the utility and access easement to be created to serve the divisions of property
also to be labeled lots 1, 2, 3 and 4 which shall also be labeled with a road name and any
other customary items found on an exemption plat as found in the Garfield County
Subdivision Regulations.. This plat shall be presented within 120 days to the BOCC for
signature from the date of approval of the exemption. 12/20/04, specifically, 4/20/05.
5. The Applicant shall submit $600.00 in School Site Acquisition Fees for the creation of the
three (3) smaller exemption parcels prior to approval of the exemption Final Plat.
6. In a report to be submitted to the Building and Planning Department prior to the signing of
the Final Plat, the Applicant shall provide information on the physical water supply for the
well serving the three (3) small parcels which shall demonstrate the following:
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 or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
g. A water sharing agreement will be filed with the exemption plat that defines the
rights of the property owners to water from the well.
7. Final Plat notes and covenants shall be added that states the following:
a. "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."
b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the
subdivision. 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 appliances."
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Eleanor Piffer — Exemption form Definition of Subdivision
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c. "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."
d. "All 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."
e. "One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owner's property boundaries."
f. Final Plat notes and covenants shall be added that state the disclosure and nature of
mineral rights.
g.
Upon successful approval and recordation of the Final Exemption Plat, no further
subdivision by exemption will be allowed on any of the four (4) tracts created.
8. The Applicant shall obtain a new letter from the Burning Mountains Fire Protection District
which shall confirm that their July 17, 2004 review letter specifically refers to information
distributed from the Building and Planning Department in November 2004
9. As a requirement of the Garfield County Road and Bridge Department (1) a 10'x30' asphalt
or chip -seal apron with (2) a stop sign and (3) a road name sign are required to be installed,
all where the internal described easement within the subdivision meets CR 250 and said
improvements shall be in place within 6 months of the effective approval date of this
resolution, 12/20/04, specifically, 6/20/05.
Eleanor Piffer — Exemption form Definition of Subdivision
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Dated this 10th day of Jan., 2005
ATTEST:
k oche Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Upon motion duly made and seconded the for going R • ution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
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
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Eleanor Piffer — Exemption four Definition of Subdivision