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HomeMy WebLinkAbout4.0 Resolution 96-233(y 491643 B-974 P-344 04/17/96 11:27A PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 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 Courthouse, in Glenwood Springs on Monday , the 15 day of April A.D. 19 96 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer "Buckey" Arbaney Commissioner Don K. DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-23 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION APPLICATION FOR JACK EVANS JR. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Jack Evans Jr. for allowing an exemption from the definition of subdivision on the following described tract of land: Located on a tract of land in a portion of Section 10, T7S, R95W of the 6th P.M. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 2nd day of January, 1996, upon the question of whether the above-described exemption from subdivision should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said exemption; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 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 hearing. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the exemption from the definition of subdivision be and hereby is authorized based upon the following specific conditions: 491643 13-974 P-345 04/17/96 11:27A PG 2 OF 4 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of all exemption parcels. 5. That, if the lots are to have individual wells, the applicant receive an approved well permit from the State Engineer's Office for each lot to be created prior to the signing of an exemption plat or, if the water supply is to be shared, then the applicant shall receive an approved, domestic well permit from the State Engineer's Office and shall draft a legal water sharing agreement. Additionally, if the shared well is used, the exemption plat shall legally describe a 20 foot radial access/repair/maintenance easement around the well and a 10 foot centerline easement for he water supply line. 6. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Additionally, excavation permits from County Road and Bridge, shall be necessary if the water supply line for the shared well system will necessitate the disturbance of a County Road. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) A well be drilled and a 24 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 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, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (required at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement 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 shared well systems); i) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. 7. That the following plat notes be included: "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space 491643 B-974 P-346 04/17/96 11:27A PG 3 OF 4 requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The shared well system approved for this exemption requires a minimum 1000 gallon water tank be installed at each lot. This shall be done at time of building permit application at the expense of the building permit applicant. If a central tank is to be used, the sizing shall be a minimum of 1000 gallons per lot created and served by the central water system" The control of noxious weeds shall be the responsibility of the landowner. 9. That the applicant shall receive written approval by the Grand Valley Fire Protection District and shall adhere to the recommendations made by said district. 10. The applicant shall receive any necessary driveway permits from the County Road and Bridge Department, prior to signing of an exemption plat. 11. If/When a transportation impact fee is adopted by the Board of County Commissioners, all lots created will be subject to paying the fee, which will be paid at time of building permit application and paid by the building permit applicant. If a building permit is issued prior to the adoption of a transportation impact fee, the applicant will not be required to pay the fee. Dated this 16 day of Apr i 1 ATTEST: Clerk of the Board , A.D. 1996 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith ,Aye , Aye Elmer (Buckey) Arbaney Aye Arnold L. Mackley 491643 B-974 P-347 04/17/96 11:27A PG 4 OF 4 STATE OF COLORADO County of Garfield ) )ss ) 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners