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HomeMy WebLinkAbout4.0 Resolution 2000-41Ltllltlllllilllltilt lllil ilil[ ]il illllil lil []564634 06/07 lmOO l0: 34e 8119r-F4r2-tt nLsDb'[i'1 of E R O.OO O O.oO GRRFIELD COUNW cO ^L/,-{ ' ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, heldin the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs o1 Mnnrtay -, the - stt day of ,rupe ,- A.D. 2000__ there were prcsent: STATE OF COLORADO County of Garfield Commissioner Chairman Commissioner Commissioner County Attorney Clerk ofthe Board County Administrator when the following proceedings, arnong others were had and done, to-wit: RESOLUTTON NO. 2OOO.41 A RESOLUTION CONCERNED wlTH THE APPROVAL OF THE CRAIG SUBDIVISION EXEMPTION. LEGAL DESCRIPTION SEE ATTACHED EXHIBIT 'A' WHEREAS, thg Board of County Commissioners of Garfield County, Colorado, has received application from Linda Craig and Barton Porter, concerned with a SuMivision ixemption to allow a total of four (4) lots being approximately 6.52,6.s2,6.s2, and 142.34 acres in size; WHEREAS, the Board held a public hearing on the 6th day of March, 2000, upon the question ofwhether the above'described Subdivision Exemption should be granted or denied, af which hearing thepublic and interested persons were given the opportunity to express their opinions iegarding the issninceof said Special Use Permit; and WHEREAS, the Board on the basis of substantial comp€tent evidence produoed at the aforementioned hearing, has made the following determination of faci: I ' That proper posting and prhlic noticc was provided as required by law for the hearing before the Board of County Commissioners.,n ,h'b 4 /* ililil ilil il|,u,lllr llf !!t t ull.{lru l|lll.[rJl[t;':f! f'r'lu D o.ooGRRFr..D co,NTy co 2' That the hearing 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 heanng. 3. That for the above stated and other reasons, the proposed Subdivision Exemption is in the best interest ofthe health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformanoe with the Garfield County Subdivision Regulations of 1984, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that thg Craig Subdivision Exemption be and hereby is approved, upon the following speciftc conditions: In arder to easure that the proposed exemption is in the best interest of the health, safety, moroll, convenience, order, prosperily arul wetfare of the cilizens of Garfield Couruy: That alt representations of the applicant, either within the appliaation or stated "t tt. meeting before the Board of County Commissioners, shall be considered conditions of approval; 2 Purswnt to Section 8:52 (C) ond (F) of the Subdivision Regulations and Section 5,01.05 of the Zoning Resolution: A statement which reads: DGMPTION CERTIEICATE This plag approvedby resolution ofthe Board ofCounty Commissionen at Garfield County, Colorado this,-- !!h _ day of June AD. 2099_, for filing with the Clerk and Recorder ofGarfield County and conveyance to the Courty ofthe public dedications shown hereon; subject to the provision that approval in no way obligates Garfield County forthe financing or constnrcting of improvements lands, public highways or easementson dedicated to the public except as specificall y agred to by the Board of County Commissioners and that said approval shall in no way obligate Garheld County for the constuction,maintenance of public highways. Further, such approval in no way implies that information herein true but does indicate that this plat is exempt ftorn and not subject County Subdivision Regulations at the time of its filing. ltli[! !u'fl441 j;rllllffi tl:ltfl llll[ l[H'r Witness my handand seal of the Corgty of Attest: Clerk -'i must be includod on afiy Final Plat to be submitted for recorditig to ensire that the easement across the property t9 the east is accepted by tlre County'to"iiisure accesS to he suuiect *No locked gates or othu devices can be placed,rcross the easement recorded in Book I I72, Page 813, ofthe Garfield County records which resricg access in any way to the Iots within this Subdivision Exemption.", must be included on any Final plat submitted for recording. A Home Owner's Association must be formed to act as the grantee of the easement from thegrantor (the applicant's). This Home Owner's Association mu*t u""ept the access and utility easement on the subject property as depicted on the submitted plan and ensuro that accesswill be provided to Lots l,Z,and3 in perpetuity. 3 A road management plan/agreement will need to be completed and included as a coveilant of the Home Owner's Association. This plan/agreement must include how the road on the subject Foperty as depicted onthe submitted plan will be maintained to provide year-round sccess for standard automobiles to all lots within the subdivision exemption. This willinclude but not be limited to desigrrating the Home Owner's Association as the entity thatwill maintain the road to a standard that will be accessible to standard autornobiles on ayear- round basis. A description of maintenance to be performed on the agcess road must beincluded i1 the plan/agreement and must include but not be limited to snow removal, grading and other required maintenance to etrsure year-rourd access. How maintenance of the road will be financed must also be included in the plarr/agreement. This plan/agreement will be a condition of recording of arry Final Plat, and will need to be recordei * "ior.nantto the Home owner's Association prior to or with any Final plat recording Pursuant to section 8:33 of the of the Garfierd county subdivision Regulations:A Final Exemption Plat shall be submitted, indicating all easements including but notlimitedto access and utility easements and easements for the well slaring agreerient. Pwsuant to section 8:33 of the Garfietd county subdivision Regulatiot*: That the applicant shall have 120 days to preseut a plat to the Commissioners for signature from the date of approval of the exemption; Pursuant to Section 8:a2 (l) of the Subdivision Regulations: That the applicant shall submit $800.00 in School Site Acquisition Fees for the creation of the exem$ion parcels. This must be done prior to or at the time of submission of any Final 4 5 6 7 8. I l[,[[ ',[lf !ll{l{r l!!lf tr u ru llu 'I r[.up rl of 8 R 0,w D 0.oo onnrrem-cbdiiv.c6---- Plat Pursuant to section 8:52 (B) and 8:60 (D) ol'the subdivi,yion Regalations:That the 1978 Garfield County Zoning Resolution as ^mended, and the Colorado Depar[nent of Public Health and Environment standards shall be complied with. Pursuont to Section 8:52 (G) of the Subdivision Regulations: That the applicant submit a letter of approval from the Rifle Fire District and pays any associated impact fees. This must be done prior to or at the time of submission of any nin4 Plat. Pursuant to Section 8:42 {D) of the Subdnision Regulations: A well sharing sgreement between lots 1,2, and 3 must be completed. This well sharing agreement mlrlit include but not be limited to how each of lots l, 2, and 3 wil have an interest in the well to onsure adeqrrate water supply. How common inf"ur,rca,r. (well, pipes etc) will be constructed, rnaintained and tinanoed must also be included in this agreement. Further, it should be stated within the agreement that individual property oi^ur, "r,responsible for the construction and maintenance of the portion of the indast*.tup (pipes etc.) located on their property and providing water solily to their properg. This must be completcd and recorded in conjunction with any Final plat recording. Pursuat to Seetion 8:a2 @) of the Subdivision Regulations: The applicant shall provide proof of Iegal and adequate source of domestic water for each lot created and will demonstrate that the water supply will meet the following: That a four (a) hour pump test be performed on the well to be used; A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results ofthe four (4) hour pump test indicating the pumping mte in gallons per minute and information showing drawdown and recharge; A witten opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; An assumptron of an averagp of no less than 3.5 people per dwelling unit, using 100 gallons of water psr person, per day; If the well is to be shared, a legal, well sharing declaration whioh disousses all easements and costs associated with the operation and maintenance of the system and how assessments will be made for these costs; The- water quality tested by an independent testing laboratory and meet State guidelines conceming bacteria and nitrates. That all recommendations made by Garfield County Road & Bridge in their memo dated02/lll00, and stated below must be complied with. l. Developer must obtain a driveway permit from the Road and Bridge Deparhnent 9 10" 1 2 J, 4. 5, 6. 7 lllliltililililllil 5G4634 06/07/2600tof8R0.00DO. lruffi[I[]iltilil]lllill0:54f, 81191 P4Z6 l.l RLSDORF OO GNRFIELD COUI{TY CO It 2- Entrance will be required to meet all drainage aad sight reoommondations. 3. All traffic control dwioes will be installed by the developer and witt conform to the manual on uniform traffic control devices. Pusuant to Section 1:21, section 8:60 (I) 1., 2., and,3., and Section g:52 (A) of the subdivision Regulations and Section 1.08, of the Zoning Resolution: Tbat the following plat notes shall appear on the Final plat: "Engineered building foundations and/or septic systems may be required to mitigate potential soil constaints. " "One dog will be allowed for eaoh residential unit and the dog shall be required to be confined within the owner's property boundaries.,, 'No open heaxth solid-frrel fireplaces will be allowed anywhere within an exemption- One(l) new soliilfuel buming stove as defined by C.R.S, ?5-7-4Ol,et. sec., and the rlgulations promulgated thereunder, wilt be altowed tn any dwelting unit. Alt dwelling units wtll Ue allowed an unrestrioted number of natural gas buming stoves and appliances.,, "All exterior lighting will be the minimum amount necessary and all exterior Iighting will be directed inward, towards the interior of the suMivision, except that provisiJns may be made to allow for safety lightiug that goes beyond the property boundaries.', "No furtherdivisions by exemption from the rules of Subdivision will be allowed." "The northerly Portlon of Lot 4 may contain severe environmental constraints." "All lots within this SuMivision Exemption are subject to the covenants of the Home owner's Association unless othenrise stated within the covenants." "No houses can be built within one hundred fiffy fect (150') of thc existing gas well on the subject property. This is nece$sary because it is often necessary to move drilling or workover rig;s as well as other heavy equipment inon wells to pertorm various oil and gas operations' ffit becomes nec.essary to perform such operations on the subject well, the ruf"ty of residents in the subdivision exemption may be compromised and the lots may be adversely impacted if inadequate setbacks were not in place." 'Colorado is a *Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visiton must be pepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of tiving in a Countywith a srongrural character and a healthy ranching sector. .q.il must be prepared to oncormter noises, odor, lights, mud, dust, smoke, chemicals, machinery on puUtii roads, livestock on publio road$, storage and disposal of manure, and the applitation by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticid"i, any on" I llllll lllll llllll llll llllltllllll llll lt! llllllll llll so+sgd-o'ir6f iisr/6'iolSin Bllsl P47? ll RLSDoRF 5 of I n O.OO D O'00 GRRFIELD C0UllTY C0 or more of which may naturally occur as part of a legal and non-negligent agricultural operations." "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and inigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and otheraspects ofusing and maintaining propefi. Residents and landowners are encotuaged to learn about these rights Bnd responsibilities and act as good neighbors and oitizens of the County. A good introductory source of information is *A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." 12. The proposed acccss road must be named on any Final Plat for recording. 13. As per the Comments rec,eived from the Rifle Fire Ptotection Diskict, in a letter dated March 13, 2000, all of their recommendations must be adhered to. Datedthis ,sth day of June 4.D.2000 _. ATTEST:GARFIEI.D COUNTY BOARD OF GARFIELD COUNTY, of the Board Upon motion duly made and seconded tlre foregoing Resolurion was adopted by the following vote: CoM , Aye COMII1ISSIONER WALTER A. STOWE COM ' STATE OF COLORADO Aye Aye ) )ss )County of Garfield lurryfl Ml'{'ll I lu[ rlI|l fl rrH ltl tilH[r7 or r R 0.00 D o.w ciririiit'cbUrrir co County Clerk and ex-oflicio Clerk of the Board of County aforesaid do hereby certifr that the annexed and foregoing the Proeeeding of the Board of County Commissioners for I, Commissioners in and for the County and State Resolution is truly copied from the Records of said Garfield County, now in my office. IN WITNESS WHEREOF, I Glenwood Springs, this _ day of have hereunto set my hand and affixed the seal ofsaid County, atA.D.20_. county clerk and ex-officio clerk of the Board of county comrnissioners lll?ry|:[[|;rufl j!||il$[fl :f lll,rtjir.rsur,, txempbbaPtat Erl''it;+'A' Boundary aad h:rlneat bszriptioas: '##i*:ffi3ff:ffiit! ;;::,:: ;:,* ha,u E _ radius c * 8o ud dar7 d cscn'p ti o a s: "j#,',iffi:#;,#:'triitr#;::#:?i,il:"ffi {ny,ittr'tr,F,x; iffi;ffi: fr [pw'",:#,li;rffi?i,ff:Hr11!_,1euoa si bean n0. trfr !'r!;f;f W'o;trt:*lt,iii'uBaz-niii-tbfr t:;T#Xft#.fl t;i'trfr: iwr';,yffi\;,ff:#,tr:;***:#,,1iffi Hl#,"#i.{,.;i;.8fr f ,ffi#;, l.x,x;r$.,;n,;-;y,;Wjd!;or"uoo,;sqxr{i.g;irizon: ',F"';fffi: #;,!i,W,#;rffi,: frfi#iy;:ffi," trti* e5 tua" ffi.,t{Ee.so:setsqanimozowieiilil:'iais,sr,,";i,-#r*,[i{fr ,{il:!;Wr,;f * ff: ff '!.i t : ff# ;!: v t'Tit Eii'i :7 i u oo' tn i : ; z;. ;,-iI, f , r y n!r. s6 s s E z* se ia0ui-ttil'#-'ffi2,H'i:fli#'';;"y:;tr#;;Eo'lin-*)ri:-c=fi'u:;;;r.