HomeMy WebLinkAbout5.0 Resolution 2004-37i iiiiii nisi niiii iiiiii ilii iiu iiiiui iii uui ilii iui
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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 Plaza Building, in Glenwood Springs
on, Monday, the 4th day of August A.D. 2003, 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. 2004- 37
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION -IN THE GARFIELD COUNfi UBD-IYISION
REGULATIONS FOR RADIMO, LTD.
WHEREAS, Radimo, 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 for the division of a
239 acre (approximately) tract of land into three (3) parcels more practically described as follows
and contained in Exhibit A:
Parcel A (2.118 acres): See ExhibitA (attached)
Parcel B (25.230 acres): See ExhibitA (attached)
Parcel C (211.652 acres): See Exhibit A (attached)
WHEREAS, the property is located within the Agricultural/ Industrial (AI) zone district and
is also located in Study Areas 2 & 3 of the Comprehensive Plan of 2000 in an area designated as
"outlying residential"; and
WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that
"No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any
parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office
on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County road or railroad)
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preventing joint use of the proposed tracts, and the division occurs along the public right-of-way,
such parcels thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation
otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater
in size, created after January 1, 1973, will count as parcels of land created by exemption since
January 1, 1973"; and
WHEREAS, the Petitioner has 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 Petitioner has 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, 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 "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, 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 is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County; and
4. The application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
NOW THEREFORE, BE IT RESOLVED that the division of the above described 239
acre tract is hereby exempted from such definitions with the conditions set forth below and may be
conveyed in the form of the "Parcel A", "Parcel B", and "Parcel C" of the McBride 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.
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1. All representations made by 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 have 120 days to present an Exemption Plat to the Commissioners for
signature from the date of conditional approval of the exemption, or an extension of time
shall be requested and approved by the Board of County Commissioners prior to the
expiration of the 120 days.
3. Prior to the recording of the Exemption Plat, the Applicant shall clean up title on the subject
property through either Quit Claim Deeds or a Boundary Line Adjustment.
4. The 1978 Garfield County Zoning Resolution standards shall be complied with.
5. The Colorado Department of Health standards shall be complied with.
6. A Shared Access Driveway Agreement shall be filed with the final Exemption Plat with
appropriate signatures.
7. The Applicant shall comply with the recommendations of the Rifle Fire Protection District,
as follows:
A. Addresses shall be posted where the existing driveway intersects with Highways 6 & 24.
— For a shared driveway, the address -for -each home shall bepasted-toclearlyidentifyeaclr
address. Letters are to be a minimum of 4 inches in height, '/2 inch in width and contrast
with background colors.
B. Driveways shall be constructed / improved to accommodate the weights and turning
radius of emergency apparatus in adverse weather conditions.
C. Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire.
8. Prior to finalizing the Exemption Plat, the Applicant shall provide a copy of the Denver and
Rio Grande Railroad right-of-way license allowing all three lots access over the railroad
right-of-way, or a new license shall be obtained for the new lots as needed.
9. Prior to finalizing the Exemption Plat, the Applicant shall provide to the County Vegetation
Management Department a map and inventory of any listed Garfield County Noxious Weeds
on the parcels. A Weed Management Plan shall be submitted to the County for the
inventoried noxious weeds for review and approval by the Vegetation Management
Department.
10. Provide a new pump test for the existing wells, and the new well as outlined in Condition 10
below, to verify that dependability of the wells. A water quality test shall also be conducted
for each existing well and submitted to determine the quality of water produced from the
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existing well.
11. All physical water supplies 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 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 shall 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.
12. The Applicant shall submit the applicable School Site Acquisition Fees ($200.00 per parcel)
for the creation of the exemption parcels prior to approval of the exemption plat.
13. That the following plat notes shall appear on the Exemption Plat:
A. Water supply is limited in the area and fire flow capabilities will likely not to be
available to extinguish a fully involved structure fire.
B. Weed Managementon all parcels shall be on-going in accordance with the Weed
Management Plan approved by Garfield County Vegetation Management.
C. Existing and proposed easements for utilities, driveway, and irrigation. These easements
shall be included on the deeds for the proposed lots, where appropriate. All existing
utilities may remain in place (above or below ground) and all new utilities shall be
buried.
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D. Defensible space around all structures shall be maintained.
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. 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 there under, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
G. All exterior lighting will be the minimum amount necessary. 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.
H. Slopes exceeding 40% shall be restricted from development. Areas of disturbance shall
be revegetated with appropriate vegetation. Cut and fill areas shall be kept in balance
and to a minimum. Disturbance of the existing vegetative cover shall be minimized.
I. Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
J. 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.
K. 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.
14. Individual sewage disposal systems are required for Parcel B and C.
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ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY ORADO
Upon motion. duly made and seconded the foreg
following. vote
COMMISSIONER CHAIR JOHN F. MARTIN
the
COMMISSIONER LARRY L. McCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO )
)ss
County of Garfield )
, Nay
, 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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PARCEL A
A PARC EL.OF LAND SITUATE IN THE GOVERNMENT LOT 1 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE.: 93 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE QF COLORADO, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBEDAS FOLLOWS:
COMMENCING AT THE EAST 1/ 16 CORNER OF SAID SECTION 12 AND SECTION 1 ANALUMINUM CAP LS NO. 29030
FOUND IN PLACE; THENCE 323°4536'W 1928.91 FEET TOA REBAR AND CAP LS NO. 36572 SET IN PLACE THE TRUE
POINT OF BEGINNING; THENCE 301°23'52"E 261.04 FEET TO A REBAR AND CAP LS NO. 36572 SET IN PLACE (WHENCE
THE NORTHEAST CORNER OF SAID SECTION 12 A BRASS CAP LS NO, 12770 FOUND IN PLACE BEARS N45 °46'28'E
2918.75 FEET); THENCE S68 °58'52°W 408.77 FEET TO A REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE
N08 °37`11"W 69.45 FEET TOA REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE N70 °14'42 "W 17.91 FEET TO A
REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE N18°4029'5 23.20 FEET TO A REBAR AND CAP LS NO. 3.6572 SET
IN PLACE; THENCE N25°33'19"E 178.07 FEET TO A REBAR AND CAP LS NO. 3.6572 SET IN•PLACE; THENCE N64 °43'38'E
351.90 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 2.118 ACRES, MORE OR LESS.
TOGETHER WITHA NONEXCLUSIVE EASEMENT 30 FEET IN WIDTH EXTENDING OVER AND ACROSS PARCELS B AND C
HEREOF FOR THE PURPOSES OF INGRESS AND EGRESS AND THE INSTALLATION, MAINTENANCE AND REPAIR OF
UTILITIES, SAID EASEMENT LYING 15 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE EAST 1/16 CORNER OF SAID SECTION 12 AND SECTION 1 AN ALUMINUM CAP LS NO. 29030
FOUND IN PLACE; THENCE S13 27'52"W 1443.14 FEET TOA POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER
AND RIO GRANDE RAILROAD ALSO BEING A POINT ON THE CENTERLINE OF AN EXISTING GRAVEL ROAD THE TRUE POINT
OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING SEVEN (7) COURSES:
1) S15°33'40'E 25.37F'EET;
2) S58'5 7'52" W 75.45 FEET;
3) S76'28 '03"W 93.59 FEET;
4) S57°21 '29"W 65.86 FEET:
5) S34 °48'45"W 76.97 FEET .
6) S26°38'17"W 173.88 FEET:
7) S69°13'12"W 122.40 FEET TO THE POINT OF TERMINUS (WHENCE THE SAID EAST 1/16 CORNER OF SECTION 12
BEARS N23 °29'56 "E 194 7.82 FEET) SIDE LINES TO BE LENGTHENED OR SHORTENED AS NEEDED TO CLOSE UPON
PROPERTY LINES.
TOGETHER WITHA NONEXCLUSIVE EASEMENT 20 FEET IN WIDTH EXTENDING OVER AND ACROSS PARCEL C HEREOF
FOR THE INSTALLATION, MAINTENANCE AND REPAIR OF UTILITIES, SAID EASEMENT LYING 10 FEET ON EITHER SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
• COMMENCING AT THE EAST 1/ 16 CORNER OF SAID SECTION 12 AND SECTION 1 AN ALUMINUM CAP LS NO. 29030
FOUND IN PLACE; THENCE S1302 7'52"W 1443.14 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER
AND RIO GRANDE RAILROAD; THENCE S 76 °30'55"W ALONG SAID SOUTILERLY RIGHT-OF-WAY 385.85 FEET TO THE TRUE
POINT OF BEGINNING; THENCE S24°06'59"W 334.59 FEET TO THE POINT OF TERMINUS (WHENCE THE SAID EAST 1/ 16
CORNER OF SECTION 12 BEARS N2 5°14'19"E 1988.67 FEET) SIDE LINES TO BBE.LENGTHENED OR SHORTENED AS
NEEDED TO CLOSE UPON PROPERTY LINES.
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P4RCEI, B
A PARCEL OF LAND SITUATE IN THE NEI/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COM. MERGING AT THE EAST 1/ 16 CORNER OF SAID SECTION 12 AND SECTION 1 AN ALUMINUM CAP LS NO. 29030
FOUND IN PLACE; THENCE 513°27'52"W 1443.14 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER
AND RIO GRANDE RAILROAD ALSO BEING A POINT ON THE CENTERLINE OF AN EXISTING GRAVEL ROAD THE TRUE POINT
• OF BEGINNING, THENCE ALONG SAID CENTERLINE THE FOLLOWING SEVEN (7) COURSES:
1) S15 °33'40'E 25.37 FEET;
2) S58 °57'52 "W 75.45 FEET;
3) 576'28'03"W 93.59 FEET;
4) S57°21'29"W 65.86 FEET:
5) 534°48'45"W 76.97 FEET;
6) S26 °3'8'17"W 173.88 FEET;
7) 869 °13'12' W 122.40 FEET, THENCE DEPARTING SAID CENTERLINE S01 23'52"E 240.17 FEET; THENCE N841521 'E
275.79 FEET; THENCE S00 °00 a0"W 361.02 FEET; THENCE N90 °00'O0 "E 975.652E7; THENCE N00 °OO`00'E 1151.43 FEET
TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY OF THE DENVER AND RIO GRANDE RAILROAD; THENCE S 76 °32'27"W
ALONG SAID RIGHT OF WAY 838.30 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING
25.230 ACRES, MORE OR LESS.
TOGETHER WITHA NONEXCLUSIVE EASEMENT 15 FEET IN WIDTH EXTENDING OVER AND ACROSS PARCEL C HEREOF
FOR THE PURPOSES OF INGRESS AND EGRESS AND THE INSTALLATION, MAINTENANCE AND REPAIR OF UTILITIES, SAID
EASEMENT LYING 15 FEET ON THE NORTHERLY SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE EAST 1/ 16 CORNER OF SAID SECTION 12 AND SECTION 1 AN ALUMINUM CAP LS NO. 29030
FOUND IN PLACE THENCE S13 27'52"W 1443.14 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING GRAVEL ROAD
AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER AND RIO GRANDE RAILROAD THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING SEVEN (7) COURSES:
1) S15°33'40'E25.37FEET;
-2)-S.58-'x'52"W 75.45 FEET;
3) S 76 °28 "03 "W 93.59 FEET;
4) S57°21 '29"W 65.86 FEET.
S) S34°48'45"W 76.97 FEET;
6) S26°38'17"W 173.88 FEET:
7) S69 °13'12 "W 122.40 FEET TO THE POINT OF TERMINUS (WHENCE THE SAID EAST 1/ 16 CORNER OF SECTION 12
BEARS N23 29'56"E 1947.82 FEET) SIDE LINES TO BE LENGTHENED OR SHORTENED AS NEEDED TO CLOSE UPON
PROPERTY LINES.
EXCEPTING THAT PORTION OF SAID SW1 / 4NE1 /4 CONVEYED TO HARRIS BY DEED RECORDED APRIL 6, 1889 IN BOOK 19
AT PAGE 407 AS RECEPTION NO. 8832
PARCEL C - REMAINDER PARCEL
A PARCEL OF LAND(AS DESCRIBED IN BOOK 491, PAGE 745) SITUATE IN SECTION 12, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH PRINCIPAL MERIDIAN, LOTS 3 & 4; THOSE PORTIONS OF THE SI/2NW1/4, LOT 1, SW1/4NE1/4 AND
THE NE1 / 4NE1 / 4 LYING SOUTHERLY OF THE RIGHT OF WAY OF THE DENVERAND RIO GRANDE WESTERN RAILROAD
COMPANY, EXCEPTING THAT PORTION OF SAID SW1 / 4NE1 / 4 CONVEYED TO HARRIS BY DEED RECORDED APRIL 6, 1889
IN BOOK 19 AT PAGE 407AS RECEPTION NO. 8832; AND LOT 2, SECTION 12 TOWNSHIP 6 SOUTH, RANGE 93 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO.
EXCEPT PARCEL A AND PARCEL B AS DESCRIBED ON THIS PIAT.
