HomeMy WebLinkAbout5.0 Resolution 2008-84Ell En. IN 111111
Reception#• 751861
07/06/2006 01:55:57 PM Jean Alberico
1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
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)ss
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 14th day of May A.D. 2007, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Carolyn Dahlgren , Deputy County Attorney
Jean Alberico , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION No. 2008-84
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION, RURAL LANDS DEVELOPMENT OPTION, IN
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERY OWNED BY
DOW AND KATHY RIPPY INCORPORATING A 101 -ACRE PARCEL DESCRIBED AS
11084 COUNTY ROAD 311 AND IN SECTION 24, TOWNSHIP 7 SOUTH, RANGE 92
WEST OF THE 6n1 PM, GARFIELD COUNTY
Parcel ID: 240124400254
WHEREAS, Dow and Kathy Rippy 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 8:70 through 8:83 and for
the division of a 101 acre tract into one (1) 2.21 acre parcel and one (1) 100.22 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 2 of the Comprehensive Plan of 2000;
WHEREAS, Section 8:74(A) of the Subdivision regulations of 1984, as amended, states that
"A Rural Land Development is any division of land that creates parcels containing less than thirty-
five acres each, for single-family residential purposes, only where the tract is being divided pursuant
to a rural land use process and reserves at least eighty percent (80%) of the total area of the tract for
the preservation of contiguous open space.";
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WHEREAS, the owner has placed 98.1 acres of the total 101 acre parcel into a perpetual
Conservation Easement held by the Aspen Valley Land Trust as recorded on December 29, 2006 as
reception number 714267;
WHEREAS, Section 8:75 of the Subdivision regulations of 1984, as amended, states that
"Lots may be created under the provisions of the Rural Lands Development Option from any eligible
property parcel, as that parcel was described in the Records of the Garfield County Clerk and
Recorder's Office on October 16, 2000 except where land was added to a previously eligible parcel,
in which case, changes to the legal description reflecting the added land may have occurred at any
time without jeopardizing the eligibility of the property. In the case where lands are added to an
existing property the existing parcel must have been at least 70 acres in size prior to the lands being
added and must have otherwise been eligible for development under the Garfield County' s
Subdivision Regulations and Zoning Code. Minor changes to a property involving small areas
including lot line adjustments to honor existing fence lines or other existing improvements or to
resolve property line disputes can also be processed without jeopardizing the property's eligibility.
Owners of property otherwise eligible for the Rural Lands Development Exemption Option may also
seek approval of an application for exemption from the definition of subdivision to the extent
allowed in Section 8:52 (A) of these regulations. Application for the 8:52 (A) of exemption may be
processed either concurrently or separately from the application for the Rural Lands Development
Exemption Option.";
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. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. That the meeting 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.
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3. That for the above stated and other reasons, the proposed exemption 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.
4. That the application has met the requirements of the Garfield County Subdivision
Resolution of 1984 a.a. Section 8:00, Exemption.
5. That the application has met the requirements of 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 Parcel A and B of the Rippy Rural Lands Development 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.
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. Thal the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of conditional approval.
3. Unless it has already been deeded, a 30 -foot right-of-way easement from the centerline of
County Road 311 shall be deeded to Garfield County prior to signing of the final exemption
plat.
4. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) 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. sew., 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.
c) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
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d) Individual Sewage Disposal Systems shall be engineered by a Professional Registered
Engineer within the State of Colorado if percolation rates fall outside of the 5 to 60
minutes per inch.
e) All foundations shall be engineered by a Professional Registered Engineer licensed to
practice within the State of Colorado
jJ 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. 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.
g) 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.
h) One (1) dog will be allowed for each residential unit on Parcels A and B and the dog
shall be required to be confined within the owner's property boundaries.
i) The entirety of land located within Parcel B as shown on this plat is governed by a
conservation easement granted to the Aspen Valley Land Trust. The terms and conditions
of this easement are more fully described in the document entitled "Deed of
Conservation Easement in Gross — West Divide Ranch" that shall be recorded in the
records of the Garfield County Clerk and Recorder 's Office in Book , Page
with the reception number of .All future activity on this lot
shall be in accordance to the terms and conditions in this document.
j) All proposed excavation into slopes steeper than 30% shall be addressed by a
geotechnical engineer on a site by site basis and the information shall be provided to the
Building and planning department as part of a building permit application.
k) At the time a structure is constructed on the Building Envelope within parcel B, the
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owner shall obtain all necessary driveway permits from the Garfield County Road and
Bridge department.
I) All buildings to be constructed shall adhere to the National Fire Protection Agency
wildfire protection mitigation guidelines.
in) Prior to the approval of a building permit for any development on Lot B (well permit
number 272715), all physical water supplies shall demonstrate the following.:
a. That a four (4) hour, pump test be performed on the well(s) 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 text 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 If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system
and who will be responsible for paying these costs and how assessments will be
made for these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY OLORADO
YVV Gtsb!,k
ClertClof the Board Ch
Upon motion duly made and seconded the foregoing Resolutioopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
, Aye
, Aye
, Aye
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Reception#: 751861
07108/2008 01:55,57 PM Jean Qlberico
6 of 6 Rec Fee -$0.00 Doc Fee:0.00 GQRFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
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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