HomeMy WebLinkAbout3.0 Resolution 2003-46STATE OF COLORADO
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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 Plaza Building, in Glenwood Springs
on, Monday, the 5`i' day of May A.D. 2003, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION No. 2003-46
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR EDWARD AND JANELL JOHNSON FOR A TRACT OF LAND
LOCATED IN SE 1/4 OF SW 1/4 OF SECTION 2, T7S, R88W OF THE 6TH P.M., OFF OF
CACTUS FLATS ROAD, GARFIELD COUNTY, COLORADO
WHEREAS, Edward and Janell Johnson 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 11.66 acre tract into two (2) tracts of approximately 4.56 acres and 6.86 acres with
the exemption parcels more practically described as follows and contained in Exhibit A:
Lot 1 (4.56 acres): See Exhibit A (attached)
Lot 2 (6.86 acres): See Exhibit A (attached)
WHEREAS, the subject property, containing 11.66 acres, was created by an Exemption from
the Definition of Subdivision in 1979 and memorialized in Resolution 79-26. That action created
three lots leaving the ability to create one last lot which is the subject of this Resolution. The
property is located on Cactus Flats Road (a non-exclusive easement / ROW) from County Road 112
in the Missouri Heights area north of Carbondale adjacent to the Up Cattle Creek Subdivision. As a
result, all future subdivisions proposed for these new lots (1 and 2) as well as the other lots created
by exemption will be required to comply with the county's subdivision process and are no longer
qualified to be subdivided by Exemption from the Definition of Subdivision; and
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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, Edward Johnson received Special Use Permit approval from the Board of
County Commissioners for an Accessory Dwelling Unit (ADU) on May 18, 1999 which is
memorialized in Resolution 1999 — 056 and such resolution is replaced in full by this resolution
thereby dissolving the approval and returning the ADU to the status of a primary residential dwelling
unit on Lot 2 created by this resolution; 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.
4. The application is in conformance with the Garfield County Zoning Resolution of
1978, as amended;
NOW THEREFORE, BE IT RESOLVED:
1. That the division of the above described 11.66 acre tract is hereby exempted from such
definitions with the conditions set forth below and maybe conveyed in the form of the "Lot 1"
and "Lot 2" of the Johnson Subdivision Exemption, as are more fully described above and
that a copy of the instrument or instruments of conveyance when recorded shall be filed with
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this Resolution.
2. 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.
3. That the Applicant shall inventory the property for any noxious weeds and provide a map and
management plan to the Garfield County Vegetation Director for approval for any weeds that
are found on the property prior to the submission of the Final Plat.
4. That the applicant shall have 120 days (until 08/11/03) to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption.
5. That the Applicant shall submit a final exemption plat indicating the legal description of all the
lots created, dimensions and areas (in acres) of the lots, and all easements (such as the access
and well easements) encumbering the property.
6. That because the effect of this Exemption would place the ADU on its own new lot, the owners
are required to 1) effect a well sharing agreement between the two lots to legally establish
ownership, use, and maintenance responsibilities, and 2) create a well easement from Lot 2 to
Lot 1. This easement shall be depicted on the Exemption Plat and recorded in the County clerk
and Recorder's Office.
7. That as a result of this conversion of the ADU to a primary unit on its own lot, the Special Use
Permit status for that property will become null and void, and the conditions of this Resolution
shall apply to the existing residential dwelling unit on Lot 2 created hereby.
8. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of
the exemption parcels prior to approval of the exemption plat.
9. That the access roadways to the lots shall be maintained adequately to accommodate the
weights and turning radiuses of emergency vehicles and apparatus to permit access during
adverse weather conditions.
10. 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 defined by C.R.S. 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.
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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 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 operation.
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 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.
g) One (1) dog will be allowed for each residential unit within a subdivision and the dog
shall be required to be confined within the owner's property boundaries.
11. That prior to the signing of a plat, the Applicant shall provide proof to the Building and
Planning Department that a well test has been completed for the accessory dwelling unit on lot
1 which demonstrates an adequate pump rate and water quality pursuant to subset a —g below.
If the aforementioned proof is not submitted, the Applicant shall be required to conduct a well
pump test that demonstrate the following points:
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
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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.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
Dated this 7th day of July 2003.
ATTEST:
C1 -.r Caof the godi-d
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
fpon motion .diliZkiide and seconded the foregoi
following vote: • .C�
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
, Aye
, Aye
, Nay
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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LEGAL DESCRIPTION — LOT 1, JOHNSON SUBDIVISION EXEMPTION
A parcel of land situated in the SE1/4SW1/4 of Section 11, Township 7 South,
Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and
being more particularly described as follows:
Beginning at a point on the northerly right-of-way line of a 50 foot wide non-
exclusive easement and right-of-way for roadway access and utilities, commonly
known as Cactus Flats Road, whence an aluminum cap found in place and
properly marked for the S1/4 Corner of said Section 11 bears S 00°13'00"W
827.96 feet; thence 215.75 feet along the arc of a 503.02 foot radius curve to the
left, the chord of which bears S 37938'14"W 214.10 feet along said northerly
right-of-way line; thence N 21°52'44"W 45.22 feet; thence N 42°58'33"W 120.32
feet; thence N 67°2717'W 168.14 feet; thence N 00°13100"E 439.73 feet; thence
N 89°57'00"E 385.00 feet; thence S 00°13'00"W 464.98 feet to the point of
beginning, containing 4.566 acres more or less.
LEGAL DESCRIPTION — LOT 21JOHNSON SUBDIVISION EXEMPTION
A parcel of land situated in the SE1/4SW1/4 of Section 11, Township 7 South,
Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and
being more particularly described as follows:
Beginning at an aluminum cap found in place and properly marked for the S1/4
Corner of said Section 11; thence N 00013'00"E 827.96 feet to a point on the
northerly right-of-way line of a 50 foot wide non-exclusive easement and right-of-
way for roadway access and utilities, commonly known as Cactus Flats Road;
thence 215.75 feet along the arc of a 503.02 foot radius curve to the left, the
chord of which bears S 37°38'14'W 214.10 feet along said northerly right-of-way
line; thence N 21°52'44'W 45.22 feet; thence N 42°58'33'W 120.32 feet; thence
N 67°27'17'W 168.14 feet; thence S 00°13'00"W 853.21 feet to a point on the
Southerly boundary Zine of said Section 11; thence N 89°57'00"E 385.00 feet
along said Southerly boundary line to the point of beginning, containing 6.861
acres more or less.
Lines in Space
67 Glenwood Avenue
Carbondale, Co. 81623
23 May 2003
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