HomeMy WebLinkAbout4.0 Resolution 2009-05IllMc, r r iVilei rL•oi� �Ke b 11111
Receptionti: 761489
01/14/2009 06:43:35 AM Jean Albericc
1 of 6 Rec Fee -$0.00 Doc Fee:0.CO 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 5" day of January A.D. 2009, there were present:
John Martin
Larry McCown
Tresi Houpt
Deborah Quinn
Marian Clayton for Jean Alberico
Ed Green (absent)
, Commissioner Chairman
Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 9- 0 5
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FOR A
PARCEL OF LAND OWNED BY PATRICIA PERRYMAN AND LOCATED ON
COUNTY ROAD 342, GARFIELD COUNTY
PARCEL NO# 2455-101-00-007
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 a 12.53 -acre parcel and a
remainder parcel of 242.12 -acres.
B. The 255.15 -acre parcel is located in Section 10, Township 8 South, Range 92 West of the
6th P.M. and further described as being 100 feet north of the Mesa County Line on CR 342 12 miles
south of the Town of Silt.
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
amended.
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E. The Board of County Commissioners opened a public hearing on the 5th day of January,
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 5th day of January,
2009 to make a final decision.
11. 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 255.15 -acre parcel creating two separate parcels was
caused by `prevention of joint use' due to the County Road separating the 12.53 -acre parcel
from the remaining 242.12 -acre. The Subdivision Exemption of the Perryman Parcel located
on CR 342, south of the Town of Silt, Garfield County is hereby approved subject to
compliance with the following conditions:
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1. That all representations made by the Applicants in the application and as testimony in the
public hearings before the Planning Commission and Board of County Commissioners shall
be conditions of approval, unless specifically altered by the Board of County Commissioners.
1. The Applicant shall submit an exemption plat within 180 days of approval of the
Exemption from Subdivision Regulations compliant with State Statute and County
Regulations. No transfer of the property or issuance of building permits may occur until
such time as the Board of County Commissioners approves and signs the exemption plat,
and the plat is recorded with the County CIerk and Recorder.
2. The exemption plat shall include description of a right-of-way easement over the existing
County Road encompassing an area of 30 feet from each side of the centerline, along the
length of the parcel.
3. The applicant shall provide a map and inventory of County listed noxious weeds on the
12.53 acre parcel and provide a weed management plan to address any inventoried
noxious weeds. This plan shall be reviewed and determined sufficient by Garfield
County Vegetation Management prior to the exemption plat being signed by the Board of
County Commissioners.
4. 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 airy 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
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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 of a legal and non -negligent agricultural operations.
f All owners of -1021d 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.
g. Addresses are to be posted where the driveway intersects the County road Letters
are to be a minimum of 4 inches in height, % 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.
L Combustible materials should be thinned from around structures so as to provide a
defensible space in 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)."
5. Prior to the signing of the plat the Applicant 4)3111 provide the following information
regarding provision of water:
a. A four (4) hour pump test be performed on the well;
b. A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level for the well;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
J.
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minute and information showing drawdown and recharge for the well;
d. A written opinion of the person conducting the well test that the well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average of no less than 35 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality shall be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates for both wells;
6. The property is located in the RE -2 School District As such, the Applicant shall be
required to pay S200 for Parcel 2. This fee shall be paid prior to approval of the
exemption plat.
l day of via , Ala. 20 D 5 .
GARFIEL ►, UNTY BOARD OF
CO , GARFIELD COUNTY,
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TR$SI HOUPT
, Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
, 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.
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IN WITNESS WHEREOF, I have hereunto set my hand aixl 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