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Home My WebLink About4.0 Resolution 2009-151111«it 11 11 1 Reception#: 764146 03/04/2009 09:13:02 AM Jean Alberico 1 of 5 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 Courthouse, in Glenwood Springs on, Tuesday, the 17t1i day of February A.D. 2009, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tresi Houpt , Commissioner Deborah Quinn , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) . County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009-15 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FOR A PARCEL OF LAND OWNED BY SAMUEL POTTER, JR. AND GENERALLY LOCATED AT THE INTERSECTION OF COUNTY ROADS 320 AND 323, GARFIELD COUNTY PARCEL NO# 2175-312-00-028 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for An Exemption from Subdivision Regulation to allow for the creation of two parcels of 9.26 -acres and 4.97 -acres and a remainder parcel ofl 36.58 -acres. B. The 136.58 -acre parcel is located in Sections 20 and 31, Township 6 South, Range 94 West of the 6th P.M. and further described as being approximately one mile south of the I-70 Interstate Rulison exit. C. The subject property is contained within the Agricultural Residential Rural Density (A/R/RD) zone district and such Exemption parcels will comply with the zone district standards. D. The Board is authorized to approve, deny or approve with conditions an Exemption from the Definition of Subdivision pursuant to Section 8:00 of the Zoning Resolution of 1978, as 1 1111 hi'r.hnehli ' IIi « 161414M:l6 riS liCIfiii 11111 Recept i ontt : 764146 03/04/2009 09:13:02 RI1 Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO amended. E. The Board of County Commissioners opened a public hearing on the 17th day of February, 2009 upon the question of whether the above-described Exemption application should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the amendment. F. The Board of County Commissioners closed the public hearing on the 17th day of February, 2009 to 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. Proper posting and public notice were provided as required for the meeting before the Board of County Commissioners. 2. 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. The above stated and other reasons, 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. The application has met the requirements of Exemption from Subdivision (Section 8:00) of the Garfield County Zoning Resolution of 1978, as amended. 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 Subdivision Exemption of the 136.58 -acre parcel owned by Samuel Potter, Jr. requesting allowance to create two new parcels and a remainder parcel at the intersection of County Roads 320 and 323 south of the I-70 Rulison exit, Garfield County is hereby approved subject to compliance with the following conditions: 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 2 1111 f '♦ F MPA II1.IW'1 SYN, lefigliKK «l'+.I III 111 Receptiont#: 764146 03/04/2009 09:13:02 RM Jean Rlberico 3 of 5 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO 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 ofa legal and non -negligent agricultural operations. 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 3 1111 PAFIWIMICA4 11111 Receptionti: 764146 03/04/2009 09:13:02 RM Jean Rlberico 4 of S Rec Fee:$0.00 Doc Fee:0.00 GRRFIELO COUNTY CO 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, 1/2 inch in width and contracts with background color. h. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. i. Combustible materials should be thinned from around structures so as to provide a defensible spacein the event of a wild land fire; and "The mineral rights associated with this property will not be 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). " 3. The exemption plat shall designate a 30' right-of-way easement from the centerline of the roadway along County Roads 320 and 323 along the property line of the parcels. 4. The exemption plat shall describe all necessary easements for provision of utilities. 5. The Applicant shall submit an inventory of County Listed Noxious Weeds and a Weed Management Plan for the three parcels comprising the 136.58 -acre site. The inventory and management plan shall be reviewed and determined sufficient by the County Vegetation Manager prior to the signing of the exemption plat. 6. Prior to the signing of the plat the Applicant shall provide a legal spring sharing declaration which discusses all easements and cost associated with the operation and maintenance of the system and who will be responsible for paying these cost and how assessments will be made for these costs. g. I 7. The property is located in the School District 16. As such, the Applicant shall be required to pay $200 each for Parcels I and 2 as a fee in -lieu of School Land Dedication. This fee shall be paid prior to the signing of the exemption plat. Nc4 Dated this 02- " day of , A.D. 20 0 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, 4 \Et,'D COQ .`. SEAL ' ii /Ill %%OCORA - .,ted k- Cler%,bf the Board 1111 I'1103,11411N11,1WNi 1¢JV4'«,1J111,11111 111,i111111 Reception#: 764146 03/04/2009 09:13.02 RM Jean Rlberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO CO RADO Chairman Upon motion duly made and seconded the foregoin Resolu ' i was adopteby the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TRESI HOUPT , Aye , Aye , Aye 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