HomeMy WebLinkAbout4.0 Resolution 2008-90■Ili 11 11
Receptionk: 752957
07/24/2008 08:34:49 AM 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,
held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood
Springs on, Monday, the 16th day of June A.D. 2008, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt (absent) , 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. 2008-90
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR THE ZIEGLER EXEMPTION, A 41.85 ACRE PROPERTY
OWNED BY PEREGRINE 08 INVESTMENTS, LLC LOCATED AT 31145 STATE
HIGHWAY 6 & 24
Parcel ID: 2179-054-00-056
WHEREAS, Peregrine 08 Investments, LLC 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 41.85 acre tract into one (1) 17.798 acre parcel, one (1) 3.362 acre parcel, one (1)
5.304 acre parcel and one (1) 14.780 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 & 3 of the Comprehensive Plan of 2000;
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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in the discretion of the Board, not be considered to have been
such parcels thereby created may,
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation
five 3 5) acres or greaterotherwise applicable; For the purposes of definition, all tracts of land thirty -
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 ofPart 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
ComColorado, that there is a reasonable probability of locating
domestic oatenners of eaGch of said parcels,
that there is reasonable probability that ingress and
egress
domestic water on each of parcels, c tanks will be p by the Colorado
will be constructed to said parcels, that the location of septi
and
Department of Health, that the requested division is not part of an existing or larger development
ons of the
does not fall within the general purposes and intent of the Subdivision � R of
from the � ti� State to
e
Colorado and the County of Garfield, and should, therefore,
be terms "subdivision" and "subdivided land" as set forth in C.RS. 1973, 30-28-101 (10) (a) -(d), as
amended; and
oners of Garfield County, Colorado, on the basis
WHEREAS, the Board of County Commissioners has made the following
of substantial competent
evidence produced at the aforementioned hearing,
determination of facts:
and public notice was provided as required for. the public
1 That posting of County Conmmissioners;
hearing before the Board
lic hearing before the Board of County Commissioners was
2. That pub facts, matters and issues were submitted
extensive and complete, that all parte
and that all interested parties were heard at that meeting,
3. That for the above stated and other reasons, the proposed exemption bas been
determined to be in the best interest of the health, safety, and welfare of the
citizens of Garfield County,
4. That the application has met the require §8:00 of the Garfield County
Subdivision Regulations of 1984, as amended;
NOW THEREFORE, BE IT RESOLVED that the division of the above described tract is
eyed in
from such definitions with the conditions set forth below and may
be hereby exempted as are more fully described
the form of Parcels 1, 2, 3, and 4 of the Ziegler Subdivision Exemption,
in Exhibit A attached hereto and that a copy of the instrument or ink of conveyance when
recorded shall be filed with this Resolution and that the following conditions of this approval
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required by the Board of County Commissioners have been satisfied before the Board of
1. That all representations made by the Applicant in a public hearing
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 bye'.
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 arty 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 interiorfsafety
the subdivisionexemption, except that provisions may be made to allow or sa e 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, sigma
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 ion by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part ofa 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
in accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
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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 Stale University Extension Office in Garfield
County.
g. All new septic systems and residential foundations shall be designed by a
professional engineer licensed to practice in Colorado.
ed where the driveway intersects the County road If a
k Addresses are to be post
shared driveway is used the address for each home should be posted to clearly
identify each address. Letters are to be a minimum of 4 inches in height, % inch in
width and contracts with background color.
i. Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus in adverse weather condition.
j.
Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild landfire; and
d with this property will not be transferred with the
k "The mineral rights cusoeurle e thenlial for natural resource �TO�p11 on the
surface estate therefore allowing � s
property by the mineral estate owner(s) or lessee ()• "
3. Prior to signing, the exemption Plat shall be amended
to reflect the following corrections:
i Add a Certificate of Ownership;
ii. Remove the Board of County Commissioners Certificate;
iii. Add a vicinity map.
4. Prior to the signing of the plat the Applicant Shall provide the following information
regarding provision of water:
a A four (4) hour pump test be performed on Ziegler East and West wells;
b. A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level for both wells;
Jc. The results of the four (4) hour pump test indicating the pumping rate in gallonsper
minute and information showing drawdown and recharge for both wells;
ti_ A written opinion of the person conduce the well test that the well should be adequateto supply water to the number of proposed lots;
e A legal, well sharing declaration which discussesho e1 cost associatedbe responsible for
` all with the operation and maintenance of the system these
j
paying these cost and how assessments will be madlaboratory and meet State
f. The water quality Shall be tested by an independent
guidelines concerning bacteria and nitrates for both wells;
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5. A copy of well permits issued pursuant to CRS 37-90437(2) for the Ziegler East and
West wells.
6. 'or to the signing of the plat the Applicant shall obtain a CDOT Access Permit and
construct the road improvements necessary to access to the lots.
7. The property is located in the RE -2 School District. As such, the Applicant shall be
required to pay $200 each for Parcels 2, 3 and 4. This fee shall be paid at the time of final
plat
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIO ►1 RS, GARFIELD
COUNTY
Upon motion duly made and seconded the foregoing Resoluti
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMNIISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO )
)ss
County of Garfield )
I
County Clerk and ex -officio Clerk of the Board off
County Commissioners, in and for the County and State aforesaid, do ham' certify that of the Board the
annexed
and foregoing Resolution is truly copied from the Records of the Proceeding
of C
Commissioners for said Garfield County, now in my office_
the
Aye
Aye
Absent
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , AD_ 24
County Clerk and ex -officio Cleric of the Board of County Commissioners
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EXHIBIT A
Legal Description — Ziegler Exemption
File No. 0610054-R
EXHIBIT "A"
All that part of SI/2SW1/4 and SWIJ4SE1/4 Section 5, also all that part of Lots 2 and 3, Section 8. all in Township 6
South, R:mgc 92 WcSt, of the 6th P.M.. lying Northerly of the present U.S. Highway No. 6 and 24. and Southerly of the
Ditch in use, known as the Cactus Valley Ditch, described as follows:
BEGINNING AT A POINT on the Easterly line of said SWI/4SE1/4 of Section 5; whence the South East comer of said
Section 5 bears South 83°5T East 1348.03 feet; thence South 282.7 feet along the Easterly line of said SW U4SE1/4 and
the Easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence North 83'1 T Wcst 615.9
feet along the Northerly boundary of said Highway; thence North 88°00' West 849.2 feet along the Northerly boundary of
said Highway; thence North 87°59' West 1436.8 feat along the Northerly boundary of said Highway; thence North 33°48'
West 538.4 fcxt; thence North 57°40' East 116.0 feet; thence North 46°39' West 132.46 feet thence North 17°20' West
183.95 feet; thence North 80°49' East 20.0 feet; thence South 89'54' East 11.48 feet to a point in the center of said Cactus
Valley Ditch; thence North 85°31' East 524.82 feet along the center line of said ditch; thence North 81°22' East 183.64
feet along the center line of said ditch; thence South 77°34' East 378.49 feet along the center line of said ditch; thence
South 57°56' East 157.74 feet along the center line of said ditch; thence South 74°48' East 376.49 fact along the center
line of said ditch; thence South 82°45' East 397.35 feet along the center line of said ditch; thence South 59°47 East
302.54 fcct to a point in the center of said ditch; thence South 67°48' East 8.47.42 fed along the centrr line of said ditch;
thence North 71°27 East 218.0 feet along the center line of said ditch; to a point on the Easterly line of said SWI/4SE1/4;
the POINT OF BEGINNING.
Subject to the terms and conditions of property line agreement recorded September 12, 2002 in Book 1385 at Page 651.
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