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HomeMy WebLinkAbout4.0 Resolution 2010-941111 r.rmirl#IIiN!' 'I10R1054r14 "iY" I lMilk 11111 Reception#: 796109 12/2112010 10:11:24 Ail Jean Alberico 1 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield j )ss i At a regular 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 [Ylo n tia i , the Z0*--" day of bec . fel r , 2010, A.D., there were present: John Martin , Commissioner Chairman Tresi Houpt , Commissioner Mike Samson , Commissioner Don DeFord , 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. 2010-94 A RESOLUTION CORRECTING RECORDS TO THE APPROVAL GRANTING AN EXEMPTION FROM THE DEFINITIONS OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED BY DOW AND KATHARINE RIPPY (RECORD RANCH) WHEREAS, on the 10th day of October, 2005, the Board of County Commissioners of Garfield County, Colorado ("BOCC") approved the above -referenced subdivision exemption for the Record Ranch. This approval was incorporated within BOCC Resolution No. 2005-79 recorded in the records of the Clerk and Recorder for Garfield County, Colorado, as Reception No. 684067 ("Resolution of Approval"). A copy of the Resolution of Approval is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Resolution of Approval contained a scrivener's error; specifically, the Resolution of Approval incorrectly identified access to Lot 3 as extending from County Road 311 when, in fact, such extension was and is presently provided as extending from County Road 343; and NM lel IVINIPM141.1,ClifiliCIN 11111 1111 Reception#: 796109 12/2112010 10:11:24 RM Jean Alberico 2 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the BOCC now desires to correct the Resolution of Approval as recorded in the Clerk and Recorder's office to appropriately reflect access to Lot 3 as extending from County Road 343 as opposed to County Road 311. NOW, THEREFORE, BE IT RESOLVED by the BOCC as .follows: Paragraph 2 of Resolution No. 2005-79 is hereby amended in its entirety to read as follows: 2. The applicant shall be required to provide a 25' wide access easement from County Road 343 to Lot 3, to be defined and depicted on the Plat. DATED this day of —4-y, , 2010 A.D. ATTEST: �.-. Com.& erk of the Board GARFIELD COUNTY BOARD OF AUNTY CO ►1 ISSIONERS, IEL r. CO Y, COLORADO Upon motion duly made and seconded, th foregoin; -solution as adopted by the following vote: COMMISSIONERarf+ r1 COMMISSIONER .1-1-0--upt COMMISSIONER 5c m son , Aye • Aye • Aye 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. 2 IN IA ICANI0111.141, ifiCeNnifit 1416 1 III Receptiart#. 79610924 AM Jean Albaria 32 of 82 Rem Fee;$0,00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Glenwood Springs this day of , A.D. 2010. County Clerk and ex -officio Clerk of the Board of County Commissioners 3 111117.6 PnE.119E1.14NIVIIIEWEINI1110. 11111 Reception#: 796109 12/21/2010 10:11:24 AM Jean Alberico 4 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 11111111111111111qIIIN EIII011lull NI NII dll Itll STATE OF COLORADO ) )ss County of Crarfield ) At a regular muting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs 4n, Monday, the 10th day of October, 2005, A. D. there were present: John Martin , Commissioner Chairman Lam, McCown , Commissioner Tresi Haupt , Commissioner Don DeFord , County Attorney Mildred Alsdoif Clerk of .the Board Ed fin , County Manager when the following proceedings, among others were had and done, to --wit: RESOLUTION Na. 2005-79 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM TUE DEFINITION 01? SUBDIVISION IN Tai GA1 F/ELD COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED 1W DOW AND KATHARINE RIPPY (RECORD RANCH) WHEREAS, Dow and Katharine Rippy petitioned the Board of County Conunissioners 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 145.710 acre tract into three (3) tracts- as legally described on the Record Ranch Subdivision Exemption Plat with Lot 1 having 10.777 acres, Lot 2 having 14.619 acres and Lot.3 having 120.314 acres; and WHEREAS, the property is located within the Agricultural/ Residential,/ Rural Density (AIR/RD) zone district and is also located in Study Area If of the Comprehensive Flan of 2000 in an area designated as "outlying residential"; 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 .he 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 traces, and the division occurs along the public right-of-way, XHJBIT 1111 ri NJ'��I hll � M tiro MCIRIV, H.FI 11111 Reception#: 796109 12/21/2010 10:11:24 AM Jean Alberico 5 of 8 Rec Fee:$O.00 Doc Fee:O.O0 GARFIELD COUNTY CO ililt 1111111111111111111 111 I1 I11111111111111111 084067 10/11/2005.09:33A B1734 PROS 11 ALSDORF 2 of 4 R 0.00 D 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 orgrer 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 AREAS, 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 therein existing ingress and egress to said parcels, that the location of septic tanks will l 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 ofthe Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the tears "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 3D-28-101(10) (a) -(d), as amended; and WHEREAS, the Board ofCounty 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 comp/etc, 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, older, 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 Regulation of 1984, as amended. NOW THEREFORE, BE IT ..RESOLVED, that the division of the above described 145.7 /0 acre tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of the "Lots 1,2 and 3 of the Record Ranch Subdivision Exemption", as are more fully described above and that a copy of the instrument or instruments of 1111 1041741110.1411 I SL Pi 11111 Reception#: 756109 12/21/2010 10;11:24 AM Jean Alberico 6 of 8 Rec Fee:$0.00 Doc Fee:0.00 GRREIELD COUNTY CO 1111111111111111111111111111111111111111111111111111111 084057 10/11/2005 09:33A 81734 F607 fl PLSDE RF 3 of 4 R 0.00 D 0.00 GRRFIELD COUNTY CO conveyance when recorded shall be fled with this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been completed. 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shah be considered conditions of approval 2. The Applicant shall be required to providea 25 ft. wide access easement from County Road 311 to Lot 3, to be defined and depicted on the plat 3. The applicant shall have 120 days from the date of this approval, to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 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, el sew., and the regulations promulgated thereunder, will be allowed in any dwcllingunit. 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. d. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. 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 ash 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 mads, livestock an 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 pasta 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, using property hZ 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 s "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield 3 ■I!1 I '.,11:11ARPO 11111 Recept i on#* : 796109 12/21/2010 10:11:24 AM Jean A1beri,co 7 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 11111111111111111111111 I11 X111111111111111111111111111 S840S7 10/U/21 09: a fl D1734 I 111 t7 At.SDORF 4 of 4 R 0.09 D 0.01 GARFIELD COUNTY CO County. g..One (I) dog will be allowed for each new residential unit within the subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. Dated thin 10th day of October, 2005 A.D. ATTEST: t‘`...%.1... EN a 11. :.�1.• �.. 4..r,,. ;,.r #...,.., ,., ' f f ". 1 .•, gal eflthe BoR ." ' a• • •'' i, _ ; iliptyzll'motion duly made and seconded the foregoing " esolution following vote: GARFIELD COUNTY BOARD O COMMISSIONERS, GARFIELD COUNTY, CO ORADO COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER CRY 1:.. MCCOWN COMMISSIONER TREK HOUPT STATE OF COLORADO ) )ss County of Garfield ) .. , Aye , Aye Aye 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,naw in my office: JN 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 ■111 ! '1>`gniv l NNW? 1111 Reception#: 796109 12/2112010 10:11:24 AM Jean Alberico 8 of 8 Rea Fee:$0.0e Ooc Fee:4.00 GARFIELD C0UNTY CO U z LL. 0 4 4 1 ti .65 iiia.4 15.7t v,XFig/8° . t s' y_09S 88 3 8 °i °^e ;u�gm1.,;1: s1:;1E °a M`�'E �000`;ai;... a$ 1s,°,;rE24' $P „ i0pi . 7.'1111 X11 -'fie 'a"4. 7 ,.1,A Aa say _ n�n�a�e$ 4 . e-/,-$, Wary c:d. 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