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HomeMy WebLinkAbout3.0 Resolution 2005-791 iuiii 11111 1111111 11111 111 iu.iui 111 11111 iui 1111 • 684067 10/11/2005 09.33A 81734 P605 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STA lb 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 10th day of October, 2005, 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 -7 9 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED BY DOW AND KATHARINE RIPPY (RECORD RANCH) WHEREAS, Dow and Katharine Rippy 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 145.710 acre tract into three (3) tracts as legally described on the Record Ranch Subdivision Exemption Plat with Lot 1 having 10.777 acres, Lot 2 having 14.619 acres and Lot 3 having 120.314 acres; and WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zonedistrict and is also located in Study Area II 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) preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, 1/ 11111111111111111111111111IIIIIIII III 1111111111111 684067 10/11/2005 09 33A 34 P606 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • 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." 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 "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. 5. The application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. NOW THEREFORE, BE IT RESOLVED, that the division of the above described 145.710 acre tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of the "Lots 1,2 and 3 of the Record Ranch Subdivision Exemption", as are more fully described above and that a copy of the instrument or instruments of . 111111111111111111111111 Till I III111111111! 1111 684067 10/11/2005 09 33A B17 607 M ALSDO RF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • 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 completed. 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 Applicant shall be required to provide a 25 ft. wide access easement from County Road 311 to Lot 3, to be defined and depicted on the plat 3. The applicant shall have 120 days from the date of this approval, to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. That the following plat notes shall appear on the Final Plat: a. No further divisions by Exemption from the rules of Subdivision will be allowed. b. 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. 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. c. 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. d. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. 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. 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 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 3 11111111111111111111111111111111 IlI III 11111 Illi 1111 684067 10/11/2005 09 33A B173 08 M ALSDORF • 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO County. g. One (1) dog will be allowed for each new residential unit within the subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. Dated this 10th day of October, 2005 A.D. ATTEST: GARFIELD COUNTY BOARD OF COMNIISSIONERS, GARFIELD COUNTY, CO ORADO rl'tit the Bo C1 tUporimotion duly made and seconded the foregoing following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT as adopted by 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. 2005. County Clerk and ex -officio Clerk of the Board of County Commissioners 4 Lot 1, Record Ranch Subdivision Exemption A parcel of land in the NW1/4 of Section 24, T.7 S., R.92 W. of the 6th P.M. in Garfield County, Colorado, and being more particularly described. as follows: Beginning at a point on the westerly right-of-way line of County Road No. 311 (Divide Creek Road) from which the West Quarter Corner of said Section 24 bears S.56°45'14"W, a distance of 2518,78 feet; thence following the westerly right-of-way line of said County Road No. 311 the following three (3) courses: 1) S.12°21'45'W. a distance of 42.21 feet; 2) S.13°49'12"W, a distance of 431.43 feet; 3) S.16°28'15`W, a distance of 53.78 feet; thence leaving said westerly right-of-way line and following a fenceline along the northerly side of an existing driveway S.38°08'25"W. a distance of 11.25 feet; thence S.55°11'17"W, and continuing along said fenceline a distance of 117.77 feet; thence S.39°13'00"W, and continuing along said fenceline a distance of 118.32 feet; thence S,74°29'06"W. and continuing along said fenceline a distance of 15.80 feet; thence leaving said fenceline, N.06°00'22"E, a distance of 170.70 feet; thence N,85°55'28'W, a distance of 695.35 feet; thence N.01°35'09'E, a distance of 456.41 feet to a point on the North line of the SW1/4NW1/4 said Section 24; thence following said North line N.89°31'01'E, a distance of 984.15 feet to the Point of Beginning. Containing 10.777 acres more or less. Lot 2, Record Ranch Subdivision Exemption A parcel of land in the NW1/4 of Section 24, T.7 S., R,92 W. of the 6th P.M. in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point where the westerly right-of-way line of County Road No, 311 (Divide Creek Road) intersects the East/West centerline of said Section 24, and from which the Quarter Corner common to Sections 23 and 24 bears S.89°11'47'W, a distance of 1664.59 feet; thence N.27°56'25"E. and along said westerly right-of-way line a distance of 30.17 feet, the following eight (8) courses continue along said westerly right-of-way line: 1) N,25°37'23"E. a distance of 119.73 feet; 2) N.19'48'39'E. a distance of 85.17 feet; 3) N,11°55'25"E. a distance of 134,41 feet; 4) N.08°03'19'E, a distance of 237.04 feet; 5) N.22°51'09"E. a distance of 74.68 feet; 6) N.40'53'13"E. a distance of 91.10 feet; 7) N.34°24'41"E. a distance of 101.97 feet; 8) N.16°28'14°E. a distance of 44.94 feet; thence leaving said westerly right-of-way line and following a fenceline along the northerly side of an existing driveway S.38°08'25"W, a distance of' 11.25 feet; thence S.55°11'17'W. and continuing along said fenceline a distance of 117.77 feet; thence 'S.39°13'00"W. and continuing along said fenceline a distance of 118.32 feet; thence S.74°29'06`W, and continuing along said fenceline a distance of 15.80 feet; thence leaving said fenceline N.06°00'22"E, a distance of 170.70 feet; thence N.85°55'28'W, a distance of 695.35 feet; thence S.03°20'S1'W and following an existing wire fenceline a distance of 311.48 feet; thence S.15°40'30"W. and continuing along said wire fenceline a distance of' 202.68 feet; thence S.02°09'00'W. and continuing along said wire fenceline a distance of 396.26 feet to a point on the E/W centerline of said Section 24; thence N,89°11'47'E, and along said E/W centerline a distance of 642.52 feet to the Point of Beginning. Containing 14.619 acres more or less, Lot 3, Record Ranch Subdivision Exemption A parcel of' land in the NE1/4 of Section 23 and in the NW1/4 of Section 24, all in T.7 S., R.92 W. of the 6th P.M. in Garfield County, Colorado, and being more particularly described as follows: Beginning at the Quarter Corner common to abovesaid Sections 23 and 24, thence N.89°11'47'E. and along the E/W centerline of said Section 24 a distance of 1022.07 feet; thence N.02°09'00"E, and following a wire fenceline a distance of 396.26 feet; thence N.15°40'30"E. and continuing along said wire fenceline a distance of' 202.68 feet; thence N.03°20'51`E. and continuing along said wire fenceline a distance of 311.48 feet; thence N.01°35'09'E, a distance of 456.41 feet to a point on the North line of the SW1/4NW1/4 of said Section 24; thence S.89°31'14"W. and along said North line a distance of 1385.21 feet; thence N.00°11'48"E. a distance of 1286.61 feet to a point on the North line of said Section 231 and from which point the NE Corner of said Section 23 bears N.89°09'15"E, a distance of 267.43 feet; thence S.89°09'15'W, a distance of 1135.53 feet; thence S.00°00'00"W, a distance of 1236.06 feet; thence S.89°10'48"W, a distance of 343.65 feet to a point in a fenceline; the following ten (10) courses are along said fenceline; 1) S.03°19'57"W. a distance of 38.67 feet; 2) S,83°09'52"E, a distance of 42.85 feet; 3) S.10°26'10"E. a distance of' 57.20 feet; 4) S.21°58'00'E. a distance of 93.89 feet; 5) S.10°25'32"E. a distance of 27.03 feet; 6) S.02'25'46"E. a distance of' 574.42 feet; 7) S.21°51'47'W, a distance of 312.23 feet; 8) S.07°09'00'W. a distance of 182.30 feet; 9) S,01°45'30'E. a distance of 59.01 feet; 10) S.12°22'45'E. a distance of 109.29 feet to a fencecorner in place; thence N.88°52'45"E, a distance of 1736.40 feet -to the Point of Beginning, Containing 120.314 acres more or less.