HomeMy WebLinkAbout6.0 Resolution 2010-811111 liir�l'1�4�I�4+MI+,i�4R 41 I�i4rG��l'1�4'�I�� III' 1I III
Reception#: 792747
10/12/2010 10:29:31 AM Jean Alberico
1 of 8 Rec Fee:$0.00 Doc Fee: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 20th day of September A.D. 2010, there were present:
John Martin
Tresi Houpt
Mike Samson
Don DeFord
Jean Alberico
Ed Green (absent)
, 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. 2010-81
A RESOLUTION CONCERNED WITH THE APPROVAL FOR ARURAL LAND
DEVELOPMENT EXEMPTION OPTION APPLICATION FOR A ±180 -ACRE PARCEL
OF LAND OWNED BY NIESLANIK INVESTMENTS, LLC AND THE CECELIA L.
NIESLANIK BYPASS TRUST LOCATED ON COUNTY ROAD 101 SOUTHEAST OF
THE TOWN OF CARBONDALE, GARFIELD COUNTY
PARCEL NO# 2463-024-00-009 AND 2463-022-00-010
Recitals
A. Section 5-202 D. of the Unified Land Use Resolution of 2008, as amended, states that the
Board of County Commissioners may, on a case-by-case basis, exempt from the definition of
subdivision and the subdivision review process certain division of land which, in the sole opinion of
the Board, advance the objectives of Garfield County regarding the preservation of rural lands as
agricultural land and open space and maintain the greater portion of the property for agricultural
purposes, natural resource utilization, open space or other rural land uses.
B. Nieslanik Investments, LLC and the Cecelia L. Nieslanik Bypass Trust petitioned the
Board of County Commissioners of Garfield County, Colorado, for approval of a Rural Land
Development Exemption Option application on the subject site. The request is to approve the
creation of five (5) parcels for single family development on 12 acres of the site while Lot 6, the
remainder of the property, ±167 -acres or 93% of the property, is subject to a perpetual conservation
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easement to preserve the agricultural and open space character of the area.
C. The property is generally located in Sections 2 and 11, Township 8 South, Range 88 West
of the 6th P.M., County of Garfield, State of Colorado, and further described in attached Exhibit A.
D. The property is subject to a Deed of Conservation Easement described in a document
recorded at Reception Number 688879 in the office of the Garfield County Clerk and Recorder.
E. The property is located within the Rural zone district and is also located in Study Area 1 of
the Comprehensive Plan of 2000, in an area designated as "Residential Low Density" and
"Residential Medium Density".
F. The Board is authorized to approve, deny or approve with conditions a Rural Land
Development Exemption Option pursuant to Section 5-404 of the Garfield County Unified Land Use
Resolution of 2008, as amended.
G. The Board of County Commissioners opened a public hearing on the 20th day of
September, 2010 upon the question of whether the above-described 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.
H. The Board of County Commissioners closed the public hearing on the 20th day of
September, 2010 to make a final decision on the application.
I. 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 hearing before the
Board of County Commissioners.
2. The hearing 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. That for the above stated and other reasons, the proposed Rural Land Development
Exemption Option 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, if
required conditions of approval are satisfied.
4. The application will meet the requirements of Unified Land Use Resolution of 2008, as
amended if required conditions of approval are satisfied.
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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 Rural Land Development Exemption Option application on a herein described ±180 -
acre parcel to create five (5) ±2 to 3 -acre lots and Lot 6, a ±167 -acre parcel subject to a
perpetual conservation easement, is hereby approved subject to compliance with the
following conditions:
1. That all representations made by the Applicant in the application, and at the public
hearing before the Planning Commission and Board of County Commissioners shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. This approval shall be valid for a period of one year, within which time the following
documentation shall be finalized and submitted for review and approval by Garfield
County:
a. An Exemption Plat;
b. An Improvements Agreement;
c. Declaration of Covenants, Conditions and Restrictions;
d. Formation of the John Nieslanik Ranch Homeowner's Association.
3. Prior to signing of the plat the Applicant shall provide the following to the County:
a. A well -sharing agreement to be recorded with the plat;
b. The Applicant shall include the following provisions as an element in the protective
covenants to be managed and enforced by the HOA.
• The Weed Management Plan;
• The Fugitive Dust Plan;
• Lighting standards;
• Animal control (with one dog restriction removed);
• Solid fuel burning restriction.
The Applicant shall include provisions to this effect in the covenants to be
submitted and recorded with the final plat.
c. The Applicant shall submit required fees to satisfy the "Fee In -lieu of School Land
Dedication" at the time of building permit on Lots 1 through 4. Lots 5 and 6 are
exempt from this fee.
d. The Applicant shall be required to pay Carbondale and Rural Fire Protection
District Impact Fees at the time of building permit on Lots 1 through 4. Lots 5 and
6 are exempt from this fee.
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4. The plat shall contain the following notes:
a. No further divisions of Lots 1-6 by Exemption from Subdivision Regulations
shall be allowed. Lot 6 is burdened by a Conservation Easement recorded at
Reception Number 688879 in the office of the Garfield County Clerk and
Recorder and cannot be further subdivided.
b. The entirety of the land located within Lot 6 is governed by a perpetual
conservation easement granted to the Aspen Valley Land Trust and the Pitkin
County Board of County Commissioners. The terms and conditions of this
easement are fully described in the document entitled "Nieslanik Ranch Deed of
Conservation Easement" recorded at Reception Number 688879 in the office of
the Garfield County Clerk and Recorder. All future activity on Lot 6 shall be in
accordance to the terms and conditions of this document.
c. No new open hearth solid -fuel fireplaces will be allowed anywhere within Lots 1-
6. One (1) new solid -fuel burning stove as defined in C.R.S. 25-7-101 Et. Seq.
and the regulations promulgated thereunder will be allowed in any dwelling unit.
All dwelling units are allowed an unrestricted number of natural gas burning
stoves and appliances.
d. All exterior lighting shall be the minimum amount necessary and shall be
directed downward and inward, towards the interior of the lots, 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 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
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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. 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).
h. All foundations shall be designed by a professional registered engineer licensed
to practice in the State of Colorado.
i. Due to varying site soil conditions, all lots are required to have an individual site-
specific geotechnical study which shall be submitted with the application for a
building permit.
j. Building permits applications for each lot shall include plans and specifications
for an onsite wastewater system (OWS). Each system shall be designed by a
professional.
k. Any excavation into slopes steeper than 30% shall be addressed on a site-specific
basis by a registered geotechnical engineer licensed to practice in the State of
Colorado and the report shall be submitted along with permit application for
building or grading on the site.
1. Building permit applications for each lot shall include a letter from the
Carbondale and Rural Fire Protection District regarding the necessity for Wildfire
Defensible Space and the necessity for automatic fire sprinkler installation which
shall then be considered conditions of approval for issuance of the building
permit.
m. A fifteen foot (15') irrigation easement centered over all existing irrigation
ditches is hereby granted for purposes including access and maintenance rights
for the benefit of the holders of the water rights associated with said ditches.
n. Declaration of Covenants, Conditions and Restrictions, as recorded, are
applicable to this development;
o. An Improvements Agreement, as recorded, is applicable to this development;
p. Lots 1 through 4 as depicted on this plat, or any fractional interest therein, may
not be sold, conveyed or otherwise transferred until such time as a "RELEASE
OF COLLATERAL" is approved by the Board of County Commissioners and
recorded in the office of the Garfield County Clerk and Recorder;
q. The conveyance of Lots 5 and 6 are exempt from the above plat note as adequate
infrastructure exists to serve those lots;
r. On-site water storage is required of each lot in the development and plans
associated with that storage must be a part of the building permit application;
s. Lots 5 and 6 are exempt from the "Fee In -lieu of School Land Dedication"
and Carbondale and Rural Fire Protection District Impact Fees as residential
structures already exist on those lots.
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5. Prior to recordation of the Plat the Applicant shall form a homeowners association to
accept construction and maintenance responsibilities for all roads and utilities serving
the development. The Protective covenants shall be administered by the HOA
tt
Dated this 1 I day of 0040 , A.D. 20 d .
ATTEST:
of the Board
GARFIELD
COMMISS
COLO'��
Y BOARD OF
ARFIELD COUNTY,
Upon motion duly made and seconded the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER TRESI HOUPT
COMMISSIONER MIKE SAMSON
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
6.
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SCHEDULE A
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTIONS 2 AND 11, TOWNSHIP 8 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, WITH
ALL BEARINGS RELATIVE TO A BEARING OF S 89°24'15" E BETWEEN THE SW CORNER OF
SAID SECTION 2, A STONE FOUND IN PLACE, AND THE S1/4 CORNER OF SAID SECTION 2, A #5
REBAR FOUND IN PLACE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON A FENCE LINE, WHENCE THE SOUTHWEST CORNER OF SAID
SECTION 2 BEARS S 15°4617" W A DISTANCE OF 1120.92 FEET; THENCE ALONG SAID FENCE
LINE AND THE DEED RECORDED AS RECEPTION NUMBER 557266 OF THE GARFIELD
COUNTY RECORDS; THE FOLLOWING SEVEN (7) COURSES:
1) N 01°04'35" W, 2,177.08 FEET;
2) S 89°52'55" E, 22.40 FEET;
3) N 48°35'15" E, 21.20 FEET;
4) S 89°09'25" E, 1,144.21 FEET;
5) S 89°08'49" E, 613.03 FEET;
6)N 84°58'12" E, 43.43 FEET;
7) N 90°00'00" E, 508.35 FEET TO A POINT ON THE WESTERLY BOUNDARY OF ASPEN CRYSTAL
RIVER ESTATES RECORDED AS RECEPTION NO. 230546 OF THE GARFIELD COUNTY
RECORDS AND THE BOUNDARY LINE DESCRIBED IN THE AFFIDAVIT RECORDED
NOVEMBER 14, 2005 AS RECEPTION NO. 686410 OF THE GARFIELD COUNTY RECORDS;
AND SAID DEED AND ALONG SAID
BHENCE LEAVING SAID FENCE AND SAID BOUNDARLINEWESTERLY
BOUNDARYLINE THE FOLLOWING THREE (3) COURSES:
1) S 00°13'20" E, 47.89 FEET;
2)N 89°31'10" E, 355.75 FEET;
3) S 01°34'10" E, 535.70 FEET TO THE NORTHWEST CORNER OF LOT 26 OF SAID ASPEN
CRYSTAL ESTATES; THENCE LEAVING SAID WESTERLY BOUNDARY AND SAID BOUNDARY
LINE AND ALONG THE NORTHERLY BOUNDARY OF SAID LOT 26 THE FOLLOWING TWO (2)
COURSES:
1) N 77°36'10" E, 205.06 FEET;
2) 115.06 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 131°51'07" (CHORD S78°17'30"E, 91.30 FEET) TO
THE NORTHEAST CORNER OF SAID LOT 26; THENCE LEAVING THE NORTHERLY BOUNDARY
OF SAID LOT 26 AND ALONG THE NORTHERLY BOUNDARY OF LOT 25 OF SAID ASPEN
CRYSTAL ESTATES N 88°54'40" E, A DISTANCE OF 170.00 FEET TO THE NORTHEAST CORNER
OF SAID LOT 25; THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID LOT 25 AND
ALONG THE EASTERLY BOUNDARY OF SAID LOT 25 S 01°04'59" E, A DISTANCE OF 169.98
FEET TO THE SOUTHEAST CORNER OF SAID LOT 25, A POINT ON THE WESTERLY
BOUNDARY OF SAID ASPEN CRYSTAL ESTATES AND THE BOUNDARY LINE DESCRIBED IN
THE AFFIDAVIT RECORDED NOVEMBER 14, 2005 AS RECEPTION NO. 686410 OF THE
GARFIELD COUNTY RECORDS; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID LOT
25 AND ALONG THE WESTERLY BOUNDARY OF SAID ASPEN CRYSTAL ESTATES AND SAID
BOUNDARY LINE N 88°54'40" E, A DISTANCE OF 452.92 FEET; THENCE LEAVING THE
ALT Number. ent 0 /17/0) 3
— —title ALTA Commitment (6!17/06) — Schedule A
Title Officer: title guaranty company
Page 2 of 3
BOUNDARY OF SAID ASPEN CRYSTAL RIVER ESTATES AND CONTINUING ALONG SAID
BOUNDARY LINE THE FOLLOWING NINETEEN (19) COURSES:
1) S16°23'01 "W, 630.97 FEET;
2) S08°12'40"W, 294.84 FEET; an M1ir4NIW' A Wililarge14140.14 11 11111
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4) S 06°25' 15 "E, 26.99 FEET; 8 of 8 Rec Fee : $0.00 Doc Fee :0.00 GARFIELD COUNTY CO
5) S17°09'50"W, 222.30 FEET;
6) S14°51'34"W, 162.52 FEET;
7) SOI°12156"W, 51.29 FEET;
8) S12°09'45"E, 205.92 FEET;
9) S08°04' 10"W, 271.76 FEET;
10) S08°42'30"W, 233.96 FEET;
11) S10°32'02"W, 103.49 FEET;
12) S15°40'35"W, 300.10 FF.FT;
13) S39°03'30"W, 116.89 FEET;
14) S19°22'18"W, 216.84 FEET;
15) S35°21'38"E, 120.17 FEET;
16) S15°57'56"E, 71.97 FEET;
17) S77°02'58"W, 14.95 FEET;
18) S09°34'18"W, 88.21 FEET;
19) S87°07'30"W, 478.18 FEET; THENCE LEAVING SAID BOUNDARY LINE THE FOLLOWING
FIVE (5) COURSES:
1) N00°57'52"E, 42.05 FEET;
2) N85°55'00"E, 30.10 FEET;
3) N00°36'19"E, 1,637.94 FEET;
4) N86°30`00"W, 30.04 FEET;
5) N00°36'19"E, 51.33 FEET TO A POINT ON AN EXISTING FENCE LINE AND THE DEED
RECORDED AS RECEPTION NO. 685683 OF THE GARFIELD COUNTY RECORDS; THENCE
ALONG SAID EXISTING FENCE LINE AND SAID DEED THE FOLLOWING THIRTEEN COURSES
(13):
1) S 88°52'07" W, 175.45 FEET;
2) S 89°04'10" W, 929.10 FEET;
3) S 83°46'55" W, 174.49 FEET;
4) S 88°03'10" W, 364.41 FEET;
5) N 67°47'49" W, 53.92 FEET;
6) N 46°56'56" W, 253.64 FEET;
7) S 88°36'14" W, 212.98 FEET;
8) N 71°55'45" W, 14.58 FEET;
9) N38°38'25 "W, 279.14 FEET;
10) S70°54'35"W, 214.09 FEET;
11) S44°48'46"W, 38.18 FEET;
12) S22°30'19"W, 230.85 FEET;
13) S48°14'38"W, 101.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,816,259 SQUARE FEET OR 179.437 ACRES, MORE OR LESS.
County of Garfield, State of Colorado
Order Number: 5001032gws-C3
ALTA Commitment (6117/06) - Schedule A
Title Officer:
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title guaranty company