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HomeMy WebLinkAbout7.0 Resolution 2007-1064 • • 1111 h'i,mpirvini,c+�!IL Reception#: 736823 11/07/2007 08:26:39 AM Jean Alberico 1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA 1h 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 Administration Building, in Glenwood Springs on, Monday, the 21st day of May A.D. 2007, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2 0 0 7 -10 6 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERY OWNED BY MARY JO JACOBS AND CHARLES VAN DEVENDER AS JOINT TENANTS IN A 36.98 -ACRE PARCEL LOCATED ON COUNTY ROAD 151 IN SWEETWATER AND IN SECTION 22, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PM, GARFIELD COUNTY Parcel ID: 1863-224-00-113 WHEREAS, this resolution replaces Resolution No. 2007-794to correct the omission of Exhibit A (Legal Description for Parcel B-1 and B-2); WHEREAS, Mary Jo Jacobs & Charles Van Devender 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 36.98 acre tract into one (1) 20.783 acre parcel and one (1) 16.196 acre parcel as shown on the Exemption Plat; WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district and is also located in Study Area 4 of the Comprehensive Plan of 2002; 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 •f • ■iii El6 11111 Reception#: 736823 11/07/2007 08:26:39 PM Jean Alberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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, 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 tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of Parcels B-1 and B-2 of the Van Devender Subdivision Exemption, as are more fully ' ni,L�G, eL�� �L 4'«�� �' I' 11.1'.1.$11 11111 011l hi i � jt�L� Reception#. 736823 11/07/2007 08:26:39 AM Jean Alberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO described in Exhibit A attached hereto 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. 1.That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2.The Applicant shall include the following text as plat notes on the final 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 within a subdivision exemption and the dog shall be required to be confined within the owner's 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 subdivision exemption, 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. -3- • ■ 'i" P'JillRirli',MJ,114if1,1,6kpi,«' 11'I.01'Filr11111 Reception#: 736823 11/07/2007 08:26:39 RM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. "All new foundations and septic systems shall be designed by a professional engineer licensed to practice in Colorado. h. "No further divisions by exemption from the rules of subdivision will be permitted." 3. Because Lots B-1 and B-2 are proposed to share a well for their domestic water supply, the Applicant shall execute a well sharing agreement in order to manage the shared components of the shared water system as well as the water rights which include the ownership of the well. This agreement shall determine how physical elements and associated rights of the shared water system (well, water lines, easements, maintenance and repair obligations) are to be owned and managed for each future owner of Lots B-1 and B-2. This document shall be provided to the County for review as part of the final exemption plat submittal. 4. All construction shall require compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. 5. Prior to signing of a plat, 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; 4 • 11116irAN���IJ� � 16) «6'11.1 I 4?1:Hi 1I 11 I Reception#: 736823 11/07/2007 08:26:39 AM Jean Alberico 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ATTEST: • The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. QL4/L V Clerl f the Board GARFIELD COUNTY BOARD OF COMVIISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolut' : as adopted . 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 h , 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 5 ii i rirli'IMJitiiivitiiiiiiiNr,I irIr?ti RN 111111• Reception#: 736823 11/07/2007 08:26:39 AM Jean llberico 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A v�'�17D LY DESC;RIPj()11 F'ngcs"i, 5-1 A PARCEL OF LAN): SITUATED IN THE SET/4 0' SECTION 22, TOWNSHIP 3 SOUTH, R.ANCE 87 VJESIXTH OF THE SIXi PRINCIPAL Mf:R111iA4', 0011818 O: GARFIELD, STATE OF COLORADO; SAID PARCEi. BEING MORE PARTICULARLY 17[ SCRIBED AS FOLLOWS: COU1JENCiNG AT THE EAST ()DARTER 00R4ER O1- SAT) 5EC504 liE1'iE ENS THENCE 50017'30"W ALONG THE EASTERLY BOUNDARY 3F SAID SECTION 22 A. OISlAIlc r OF 702.65 FEET F0 A POINT ON THE SOUTHERLY BOUNDARY OF COUNTY ROAD NO 151 (Er01490 IP THE ROA)? vlEWCF 4 REPORT SHOWN 7N MAP NO 1724 OF FISCHE NO. 00271 07 THE CARFI^_LD 3318477 TER AND RECORDERS ;FF109), THENCE LEAVING SAID EASTERLY BOUNDARY THE FOLLOWING TWENTY 1w0 (22) COURSES 41040 SATO SOUTHERLY (BIGHT -01 -WAY: 1, ALONG THE ARC 01 A c0F6.,E TO T8E LEFT HAViNO A RADIUS 06 93.62 FEET AND A CENTRA;. ANGLE' OF 63'55'16", A D'STA.NCE OF 104.53 FEET (CHORD REARS 1486'27'09"w A DISTANCE OF 99.82 FEET) 2. 56133'43"w A DISTANCE OF 10.83 3. ALONG THE ARC OF A CURvr '10 THE RIGHT HA, .NG 4 RADIUS OF 64252 FEET AND A 03844AL ANGLE OF 10'49'36" A DISTANCE OF 121.41 FEET (CHORD MARS 566'43'.31"w A DISTANCE OF. 121,23 FEET) 4. 571'0[7'19"W A DISTANCE OF 17.1)8 FEET 5. 4LON0 THE ARC OF A CURVE; TO THE LEFT HAVING A RADIUS OF 142.1(1 FEET AND A CENTRAL ANGLE OF 40'10'04", A DISTANCE OF 91.62 FEET (CHORD FEARS 552'03'17'W A DISTANCE OE 97.59 FEET) 6, S31'58'55/'w A DISTANCE CF 10 83 FEET 7. ALONG THE ARC OF A CURVE 70 THE RIGHT HAVING A RADIUS OF 344 91 FEET AND A DE:.LTA OF 322'28'56". A DISTANCE OF 195,54 FEET (CHORD SEARS 548'12'43"w A DISTANCE OF 192.93 FEET) 8. S64'27'11"W A DISTANCE OF 39.86 FEET 9. ALONG THE ARC OF A CURv'E 10 THE RIGHT HAYING A RADIUS OF 627.38 FEET AND A CENTRAL ANGLE OF 19'15'53", A D;STANCE OF 211.13 FEET (CHORD BEARS S74'05'37"W A DISTANCE OF 210.'3 FEET 10. S83'44'114%41 A DISTANCE OF 80.99 FEET 11. ALONG THE .ARC or A CURVE ID THE RIGHT HAYING A RADIUS OF 242.71 FEET AND A CENTRAL ANGLE OF 33.26'51", A DISTANCE OF 141.70 FEET (CHOR0 BEARS, 879'32'31'W A DISTANCE OF 1.39.69 FEET) 12. N62440'05" W A DISTANCE OF 1.07 13. ALONG THE ARC OF A CUR'v/ TO THE RIGHT HAVING A 6401)157 OF 159.05 FEET AND A CENTRAL ANGLE Or 63'06'34", A DISTANCE OF 175.19 FEET (CHORD 8EARS 143115'48"W A DISTANCE Or 165.47 FEET) 14. ALONG THE ARC OF A CURVE 70 THE RICHT HAVING A RADIUS OF 159.05 FEET AND A CENTRAL ANGLE OE 27'47'16', A DISTANCE OF 77.14 FEET (CHORD BEARS 141401'08"5 A DISTANCE OF 76.39 FEET) 15. 429004'46"E A DISTANCE OF 15.76 FEET 16. ALONG THE ARC OF A CUta',5 TO THE LEFT HA8.7NC A RADIUS OF 328.30 FEET AND A CENTRAL ANGLEOF 21'00'48", A DISTANCE OF 120,41 FEET (CHORD BEANS N17'34'22"E A DISTANCE OF 119.73 FEET) 17. NO'T04'07"E A DISTANCE OF 208.84 FEET 18. ALON9 THE ARC 01' A CURVE TO THE LETT HAVING A RADIUS OF 49'.89 FEET AND A CENTRAL ANGLE OF 16'43'12", A DISTANCE OF 145.29 FEET (011080 8EAR5 80107'29`W A DISTANCE OF 14478 FEET) 18. N0939'OE"w A 019TANCE: OF 19,08 FEET 20. AlON G THE ARC OF A CURVE= TO THE 6(367' HAVING A RADEIS OF 56.53 FEET AND A CENTRAL ANGLE OF 131'46'47" A DISTANCE OF 130.93 FEET (CHORD DEARS N75432'29")1( A DISTANCE OF 103.02 FEET) 21. S38'34'07"W A OSTANCE OF 46.53 FEE" 22. ALONG THE ARC 0.6 A CURVE TO THE RIGHT HAVING A 84011).`., OF 149.86 FEET AND A CENTRAL, ANGLE OF 227149'53", A. 5151ANCE OF 72.79 1007 (08060 81A745 S52'29'03"W A DISTANCE 07 72 08 1E97'); THENCE 6E.:4 184 SAID SOUTHERLY RIGHT-or..p/Ay 80017'30`E A DISTANCE GF 28018 FEET TO POINT ON THE EAST -WEST CENTERLINE. OF 5AI0 5E05ON 22: THENCE S89'50'36'9, "LONG SAID EAST -WEST CENTERLINE A DISTANCE OF 1,113.37 FEET TC THE P07AT 01 99Q1N9;N3• SAID PARCEL. 01 LAND CONTAINING 20.753 ACRES, MORE OR LESS.