HomeMy WebLinkAbout6.0 Resolution 2007-7911 VIII IA RYIVINIi.PalifiltriiilliNIVILMNiiii 11 III
Reception#: 732258
09/05/2007 11:15:56 RM Jean Alberico
1 of 5 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 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. 2007-79
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, 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
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,
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Reception#: 732258
09/05/2007 11:15:56 RM Jean Rlberico
2 of 5 Rec Fee:$0.00 Doc Fee: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.
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
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.
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09/05/2007 11:15:56 AM Jean Alberico
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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.
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,
-3-
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g.
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."
"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;
f. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
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Reception#: 732258
09/05/2007 11:15:56 AM Jean Alberico
9'of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
ATTEST:
,y1_ /27) C,`.Cc4)
Crk of the Board
•
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNT COLORADO
Chai
Upon motion duly made and seconded the foreg
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
inQ Resolut o
was adopte
'y the
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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