HomeMy WebLinkAbout7.0 Resolution 2005-381111111 11111 1111111 1111 111111111 101111II11111111111111
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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 18th day of October, 2004, A. D. there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION No. 2005-38
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR AN 81 -ACRE TRACT OF LAND OWNED BY MARIA GLORIA
WILKS & EDWARD JACOB WILKS
Parent Parcel ID: 2127-344-00-141
WHEREAS, Maria Gloria Wilks & Edward Jacob Wilks 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 81 -acre tract into two (2) tracts with the exemption parcels more
practically described as follows and contained in Exhibit A:
Parcel A (70.860 acres)
Parcel B (10.612 acres)
WHEREAS, the property is generally located on County Road 233 in the W l of the SE 1/4
of Section 34, Township 5 South, Range 92 West of the 6th PM (approximately 2 miles west of Silt,
north of 1-70) and said parcel is located within the Agricultural/ Residential / Rural Density (ARRD)
zone district; and
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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,
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, this resolution shall render previously recorded Resolution 2002-04 (which
approved a Special Use Permit for an Accessory Dwelling Unit for the subject property) null and
void resulting in returning the "use status" of the dwelling unit on Parcel B from an Accessory
Dwelling Unit to that of a primary dwelling unit; 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 application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
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4. The application is in conformance with the Garfield County Subdivision Regulations of
1984, as amended.
5. The parcel is split by the Silt Pump Canal which was classified by the Board as a public
right-of-way and which also prevents joint use of the proposed tracts and the division
occurs along the public right-of-way.
6. 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.
NOW THEREFORE, BE IT RESOLVED, by a vote of 3 to 0, that the division of the
above described 81 -acre tract is hereby exempted from such definitions with the conditions set forth
below and may be conveyed in the form of the "Parcels A and B of the Wilks 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 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 unless
explicitly altered by the Board.
2. That the resolution memorializing the Exemption approval for Ed and Maria Wilks shall
include a "whereas" statement that vacates Resolution 2002-04 which approved a Special Use
Permit for an Accessory Dwelling Unit for the subject property and renders the status of the
dwelling unit to that of a primary dwelling unit on Parcel B.
3. The Applicant shall provide a well pump test demonstrating that all of the criteria below have
been completed prior to the signing of the plat:
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 or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids;
g. A water sharing agreement will be filed with the exemption plat that defines the rights
of the property owners to water from the well.
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4. The Applicant shall depict and legally describe easements on the Exemption plat for the shared
potable water supply (the well and water line) and the irrigation water piped from Parcel A to
Parcel B. Further, the Applicant shall provide a document that describes the nature of
ownership and responsibilities of these shared utilities and how they are to be conveyed to
future lot owners. This information shall be submitted with the exemption plat for review by
the Building and Planning Department.
5. The Applicant shall adhere to the following recommendations by the Rifle Fire Protection
District:
a. Posting of Address: Addresses are to be posted where the driveway intersects the
County road. If a shared driveway arrangement 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 inches in width, and contrast with background colors.
b. Access Roadways: Driveways should be constructed to accommodate the weights of
emergency apparatus in adverse weather conditions.
c. Defensible Space: Combustible materials should be thinned from around structures so
as to provide a defensible space in the event of a wildland fire.
d. If available, the District would like to work with the owners to develop a dry hydrant in
the area for fire protection use.
6. The Applicant shall be required to pay a $200.00 school site acquisition fee for the newly
created lot, prior to the approval of the Exemption plat.
7. The Applicant shall include the following plat notes on the 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 and the dog shall be required to
be confined within the owners 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 lots, except that
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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 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
County."
g. No further divisions by exemption from the rules of Subdivision will be allowed.
S. The Applicant shall include a plat note on the final plat stating the following: "The mineral
rights associated with this property (also known as Parcels A and B of the Wilks Exemption)
have been partially severed and are not fully intact or 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)."
ATTEST:
Clgrk-,of 44,,lioard
GARFIELD COUNTY BOARD OF
COMMI' IO ' ERS, GARFIELD
COUN i . C I 0
Chair
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
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. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
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