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Home My WebLink About4.0 Resolution 2006-711 mill 11111 1111111 1111 ilii inm 111111 1111111111111111 702706 07/24/2006 09:23A B1823 P581 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a 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, Wednesday, the 12th day of September, 2005, 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. 2O1*_71 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 453.53 ACRE TRACT OF LAND OWNED BY MICHAEL AND KATHLEEN STRANG TO CREATE TWO(2) TRACTS: 450.7 AND 2.8 ACRES RESPECTIVELY WHEREAS, Michael and Katherine Strang 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 453.53 acre tract into two(2) tracts as legally described on the Strang Exemption Plat with Tract One having 450.7 acres and Tract Two having 2.8 acres, located at 393 102 Road. WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district and is also located in Study Area I of the Comprehensive Plan of 2000 in an area designated as "RES M, 6 to 10 acres"; and WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that "No more than a total of four (4) Tots, 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 - 1 1 olio 11111 1111111 1111 1111 uiiii 111111 111 11111 uii uii 702706 07/24/2006 09:23A 81823 P582 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 two (2) tract, 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 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, 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, 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 2 i iuiii iiiii uiiiii nil uii iuui iiini iii ilio ilii uii 702706 07/24/2006 09:23A B1823 P583 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 453.5 tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of the "Tracts 1 and 2 of the Strang Exemption", with the following conditions: 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. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include, but not limited to; a legal description of the exempted property, County's Exemption Certificate, the County Surveyor's Certificate, and the Chairman of the Board of County Commissioners Certificate. The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 3. Plat notes, restricting the lots to the following: a. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The requirements shall be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. b. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sew., 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. c. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. The applicant shall show all wells on the plat and prepare a well sharing and access agreement to be incorporated and recorded. 5. The applicant shall submit a well pump test and a water quality analysis of each well that is referenced in the application for this Exemption. Such test 3 1111111111111111111111MAIM 1111111 11111 1111111 702706 07/24/2006 09 23A 61823 P584 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO and analysis shall meet all County standards (§8:42 D) and shall be submitted prior of recording of the plat. 6. School fee (school impact fee is $200.00 for each lot created) shall be paid prior to recording of the plat. Fee is only applicable to the newly created lot. 7. The Applicant shall dedicate and deed an access to the newly created lot and incorporate a maintenance agreement for this access and shall show all utilities easements on the plat. 8. The Applicant shall provide an Exemption Plat prepared in accordance with conditions listed and Section 8 of the Subdivision Regulations. Dated thi�`h�t��a 011 day of July, 2006. ��` �,,'ATT4ZT: ., GARFIELD C' 1 ` BOARD OF ,,+t'. y"'�, �' COMMISSI ERS, G RFIELD — ,. r , OUNTY, r -0 - a J i 0 ! .. / •CI-rk4f he.Board,,or Upon motion duly made and seconded the foreg the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT as adopt-.: by , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) 1, , 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