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HomeMy WebLinkAbout3.0 Resolution 2002-34111111111111111111111111111111111111111111111111111111 601416 04/16/2002 01:10P B1346 P648 M ALSDORF 1 of 4 R 0.00 D 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 Monday, the 8th day of April, 2002 , there were present: John Martin Larry McCown Walt Stowe 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. 2002-34 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR THE PREHM RANCH SUBDIVISION EXEMPTION. WHEREAS, Marlin (Colorado), Ltd. 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 191.006 acre tract as described in Book 416, Page 55, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 4.0, 4.0, 4.0 and 179.0 acres each 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 Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and .1 IIlll 11111 111111 11111 1111111111111111 111111111111 601416 04/16/2002 01:10P B1346 P649 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described 191.006 acre parcel is hereby exempted from such definitions and may be conveyed in the form of four separate tracts, as are more fully described on a subdivision exemption plat for the Second Amended Prehm Ranch Exemption Plat and subject to compliance with the following conditions of approval: 1. 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. 2. The proposed Exemption Plat shall be modified to show the following: a. A maintenance and repair easement from the fire hydrants and connecting pipe needs to be noted on the amended plat and a maintenance and repair easement should placed around the two ponds supplying fire protection water. b. A maintenance and repair easement needs to be shown for the entire length of the Cristy ditch on the plat. c. The proposed access easement from the north entrance to the south entrance to the property will be legally described and shown on the proposed amended plat. d. The plat will include the 100 year floodplain graphically shown on the plat, with elevations noted. e. Delete the proposed "greenbelt/open space" area from the plat and any easements shown on it. f. All homes must comply with the UFC 1997 Div. II, Special Hazards, Appendix II -A, Section 15 — Clearance of Brush or Vegetative Growth from Electrical Transmission Lines; Section 16 — Clearance of Brush or Vegetative Growth from Structures; Section 17 — Clearance of Brush or Vegetative Growth from Roads. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval, provided the applicant submits a request for an extension prior to the approval expiration date. 4. That the following plat note be included on the amended exemption plat: "The southern gate will be limited to a maximum of 27 vehicle trips per day, averaged . 1 1111111111111111111111111111111111111111111111111111111 601416 04/16/2002 01:10P B1346 P650 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO on a bi-monthly basis, and a violation of this limit could result in closure of the access due to a breach of an agreement between Marlin (Colorado) Ltd., Lynne S. Cantrell, Westbank Ranch Homeowners Association, Inc. and the Prehm Ranch Homeowners Association, Inc. Within any 60 day period, the gate will automatically shut down if 1620 trips are exceeded" 5. Prior to the approval of an amended exemption plat, a letter must be submitted to the Planning Department from the Glenwood Fire Department that verifies that the Fire Department has the appropriate keys, code information or other information to provide for emergency access for the department to the property. 6. The proposed common open space area to be conveyed to the Westbank Ranch Homeowners Association will be increased to at least 20,000 sq. ft. for conveyance as common open space. Dated this 8th day of April, A.D. 2002 ATTEST: vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following John Martin Larry McCown Walt Stowe , Nay , Aye , Aye 1111111 11111 nim 11111 11111 1111 1111111 111 11111 1111 1111 601416 04/16/2002 01:10P B1346 P651 M ALSDORF 4 of 4 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 April, A.D. 2002 County Clerk and ex -officio Clerk of the Board of County Commissioners