HomeMy WebLinkAbout8.0 Resolution 2008-25I'111 II
Reception#: 742749
02/12/2008 09:52:38 RM Jean Alberico
1 of 7 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,
h 'n 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
, 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. 2008-25
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 6" PM, GARFIELD COUNTY
Parcel ID: 1863-224-00-113
WHEREAS, this resolution replaces Resolution No. 2007-79 and 2007-106 to correct
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
A
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Reception#: 742749
02/12,2008 09:52:38 AM Jean Alberico
2 of 7 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
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02/12/2008 09:52:38 RM Jean Rlberico
3 of 7 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:
"Control of noxious weeds is the responsibility of the property owner."
a.
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.RS. 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-
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"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."
"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
g.
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Reception#: 742749
02/12/2008 09:52:38 AM Jean Alberico
5 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
f. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
ATTEST:
lL�Qi►ti� rvt
rk of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, ' OL RADO
Upon motion duly made and seconded the forego i g Resolution as adopted b the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER LARRY L. MCCOWN , Aye
COMMISSIONER TRESI HOUPT , Aye
STATE OF COLORADO )
)ss
County of Garfield )
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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Reception#: 742749
i; 02/12/2008 09:52:38 AM Jean Alberico
6 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COU CO Exhibit A
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PROPERTY DESCRIPTION
PARCEL B-1
A PARCEL OF LAND SITUATED IN THE SEI/4 OF
SECTION O22,GAF TOW NSHTATEE OF SOUTH,IP 3 RANGE
COUNTY
87 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 22, THE PAINT OF
QEGINNING• THENCE 50017'30°W ALONG THE EASTERLY BOUNDARY OF SAID SECTION 22
A DISTANCE OF 702.65 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF COUNTY
ROAD NO. 151 (DEFINED BY THE ROAD VIEWER'S REPORT SHCWN ON MAP NO. 1124 OF
FISCHE NO. 00271 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE); THENCE
LEAVING SAID EASTERLY BOUNDARY THE FOLLOWING TWENTY TWO (22) COURSES ALONG
SAID SOUTHERLY RICHT-OF-WAY:
1. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 93.62 FEET AND
A CENTRAL ANGLE OF 6358'15", A DISTANCE OF 104.53 FEET (CHORD BEARS
N86'27'09'W A DISTANCE OF 99.82 FEET)
2. S61'33'43"W A DISTANCE OF 10.83
3. ALONG THE ARO OF A CURVE TO TI -IE RIGHT HAVING A RADIUS OF 642.52 FEET
AND A CENTRAL ANGLE OF 10'49'35", A DISTANCE OF 121.41 FEET (CHORD BEARS
566'43'31"W A DISTANCE OF 121.23 FEET)
4. 572'08'19"W A DISTANCE OF 17.58 FEET
5. ALONG THE ARO OF A CURVE TJ THE LEFT HAVING A RADIUS OF 142.10 FEET AND
A CENTRAL ANGLE OF 4D10'04", A DISTANCE OF 99.62 FEET (CHORD BEARS
S52 03'17"w A INSTANCE OF 97.59 FEET)
6. S31'58'15"W A DISTANCE Of 30.63 FEET
7. ALONG THE ARC OF' A CURVE TO THE RIGHT HAVING A RADIUS OF 344.91 FEET AND
A DELTA OF 3228'56", A DISTANCE OF 195,54 FEET (CHORD BEARS S4 -812'43"W A
DISTANCE OF 192.93 FEET)
8. 564'27'11"W A DISTANCE OF 39.86 FEET
9. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RACIUS OF 627.38 FEET
AND A CENTRAL ANGLE OF 19'16'53", A DISTANCE OF 211.13 FEET (CHORD BEARS
S74'05'37"W A DISTANCE OF 210.13 FEET
10. 583'44'04"W A DISTANCE OF 80.99 FEET
11. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 242_73 FEET
AND A CENTRAL ANGLE OF 3326'51" A CISTA.NCE OF 141.70 FEET (CHORD BEARS
N79'32'31 "W A DISTANCE OF 139.69 FEET)
12. N62'49'05"W A DISTANCE OF 1.07
13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 159.05 FEET AND
A CENTRAL ANGLE OF 5306'35", A DISTANCE OF 175.19 FEET (CHORD BEARS
N31'15'48'W A DISTANCE OF 166.47 FEET)
14. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 159.05 FEET AND
A CENTRAL ANGLE OF 27'47'16", A DISTANCE OF 77.14 FEET (CHORD BEARS
N14'11'08"E A DISTANCE OF 76.39 FEET)
15. N28'04'46"E A DISTANCE OF 15.76 FEET
16. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 328.30 FEET AND
A CENTRAL ANGLE OF 21'00'48", A DISTANCE OF 120.41 FEET (CHORD BEARS
N17`34'22"E A DISTANCE OF 119.73 FEET)
17. N07'04'07'E A DISTANCE OF 298.84 FEET
18. ALONG THE ARC OF A CURVETO THELEFT
HAVING
145.29 FDIUS S QF(C497.899D 8FRET AD
A CENTRAL ANGLE OF 16'43'12", ADISTANCE
N0197'29"W A DSTANCE OF 144.75 FEET)
19. N09'39'06'W A DISTANCE OF 19.08 FEET
20, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 56.93 FEET AND
A CENTRAL ANGLE OF 131'46'47", A DISTANCE OF 130.93 FEET (CHORD BEARS
N75'32'29"W A DISTANCE OF 103.92 FEET)
21. S38'34'07"W A DISTANCE OF 46.53 FEET
22. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF' 149.86 FEET AND
A CENTRAL ANGLE OF 27'49'53", A DISTANCE OF 72.79 FEET (CHORD BEARS
S52'29'03"W A DISTANCE OF 72.08 FEET); THENCE LEAVING
SAID SOUTHERLY RIGHT-OF-WAY N00417'30"E A DISTANCE OF' 280.18 FEET TO A POINT
ON THE EAST -WEST CENTERLINE OF SAID SECTION 22; THENCE 589'50'36"E ALONG SAID
SAID PARCEL OF LANDtCONTAINDISTANCE 0.783OF 113.37 FEET TO THE NT OF BEGINNING
ACRES, MORE OR LESS.
1
PROPER TY DESCRIPTION
PARCEL B-2
A PARCEL OF LANG SITUATED IN THE SE1/4 OF SECTION 22,
TOWNSHIP 3 SOUTH, RANGE
B7 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF
COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 22; THENCE S0017'304W
ALONG THE EASTEPLY BOUNDARY OF SAID SECTION 22 A DISTANCE OF 702.65 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 151, THE POINT OF
BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY AND CONTINUING ALONG SAID
EASTERLY BOUNDARY S0O17'30"W A DISTANCE OF 24.14 FEET TO A POINT IN AN
EXISTING FENCE; THENCE LEAVING SAID EASTERLY BO NDACONRY I�0G �1.Q661G SAID ALONG SAID
EXISTING FENCE A DISTANCE OF 43,05 FEET; THENCE
FENCE S02'19'57"W A DISTANCE OF 68.03 FEET; THENCE CONTINUING ALONG SAID
EXISTING FENCE SO1'55'01"W A DISTANCE OF 237.32 FEET: THENCE C)NTINUIWG ALONG
SAID EXISTING FENCE S02'01'594W A DISTANCE OF 168.12 FEET; THENCE CONTINUING
ALONG SAID EXISTING FENCE S01'36'29`W A DISTANCE OF 229.19 FEET; THENCE
CONTINUING ALONG SMD EXISTING FENCE SC2'44'57"W A DISTANCE OF 149.38 FEET;
THENCE CONTINUING ALONG SAID EXISTING FENCE S16'00'42"E A DISTANCE OF 2.68 FEET;
THENCE LEAVING SAID EXISTING FENCE N89'56'57"W A DISTANCE OF 986.70 FEET;
THENCE 140017'30"E A DISTANCE OF 737.76 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 151 (DEFINED BY THE ROAD VIEWER'S
REPORT SHOWN ON MAP NO. 1124 QF F1SCI-!E NO. 00271 OF THE GARFIELD COUNTY
CLERK AND RECORDER'S OFFICE); THENCE THE FOLLOWING THIRTEEN (13) COURSES
ALONG SAID SOUTHERLY RIGHT-OF-WAY:
1. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIJS OF' 159.05 FEET AND
A CENTRAL ANGLE OF 63'06'354. A DISTANCE OF 175.19 FEET (CHORD BEARS
531'15'48"E A DISTANCE OF 166.47 FEET)
2. S6749'05"E A DISTANCE OF 1.07
3. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 242.73 FEET AND
A CENTRAL ANGLE OF 33'26'514, A DISTANCE OF 141.70 FEET (CHORD BEARS
579'32'314E A DISTANCE OF 139.69 FEET)
4. N83'44'044E A DISTANCE Of 80.99 FEET
5, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 627.38 FEET AND
A CENTRAL ANGLE OF 19916'53 A DISTANCE OF 211.13 FEET (CHORD BEARS
N74'05'37"E A DISTANCE OF 210.13 FEET
6. N6427'11"E A DISTANCE OF 39.86 FEET
7, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 344,91 FEET AND
A DELTA OF 32'28'564, A. DISTANCE OF 195.54 FEET (CHORD BEARS N4812' 43"E A
DISTANCE OF 192.93 FEET)
8. N31'58'154E A DISTANCE DF 30,63 FEET
9. ALONG THE ARC OF A CURVE TO THE RIGHT HAIM G A RADIUS OF 142.10
FEET AND A CENTRAL ANGLE OF 40'10'04', A DISTANCE OF 99.62 FEET (CHORD
BEARS 14152`03`17"E A DISTANCE OF 97.59 FEET)
10. N 72018'197E A DISTANCE OF 17.68 FEET
11. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 642.52
FEET AND A CEN TRAL ANGLE OF 10'49`36", A Dr5TAtsICE OF 121.41 FEET (MORD
BEARS N66'43'31"E A DISTANCE OF' 121.23 FEET)
12. N61'33'4.3"E A DISTANCE OF 10.83 FEET
13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 93.62
FEET AND A CENTRAL ANGLE OF 63'58'16 A DISTANCE OF 104.53 FEET (CHORD
BEARS S86727'09"E A DISTANCE OF 99.82 FEET) TO THE POINT OF
BEGINNING; SAID PARCEL OF LAND CONTAINING 16.196 ACRES, MORE OR LESS.
01111171.DiliiiMC A,,10711r 110.V 1111
eception#: 742749
02/12/2008 09:52:38 RM Jean Alberico
7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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