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Home My WebLink About3.0 Resolution 2004-27.v iltHilt ilil [il[ ]ilt l][ il[ il :ll l]Iilil ffit648045 03/tt/2OO4 03,15P 81s57 P692 tl RLSOORF1 oi' 6 R O.gO O o.OO GRRFIELD COUNTY CO STATE OF COLORADO County of Garfield At a regular meeting ofthe Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 8* day of December A.D. 2003, there were present: John Martin , Commissioner Chairman Larr.v McCown ._, Commissioner Trdsi Houpt , Commissioner ) )ss ) Don DeFord ,t -t Ed Green County Attorney Clerk of the Board County Manager when the following proceedings, :rmong others were had and done, to-wit: RESOLUTION No. zoo4-27 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION F'ROM THEDEF'INITION OF SUBDryISION IN THE GARFIELD COUNTY SUBDTVISIONREGULATIONS FOR WAYNE POLLARD AND VICTOR GAIIZI FORA TRACT OF IIIP_I,OCATED IN THE Nw % oF SECTIoN 4, TowNsHIP 6 soUTH, RANGE 92WEST OF TIIE 6,, P.M. ON COUNTY ROADS 229 AND 233 JUST WESi OF SILT, wIrnREAs, yly,," pouard :: u:'l;r, petitioned the Board or county Commissioners of Garfield County, Colorado, for an exemptlbn from the definition of the terms"subdivision"and"subdividedland"underC.R.s. lg73,3Hi8-l0t(10)(a)-(d),asamenddandthe Subdivision Regulations of GarfieldCounty Colorado, adopted Ap.iiZi,iOA'+, -Section 8:00 through8:60 and for the division of a t2l acre tract into four 19 p-.itr more practically describd asfollows and contained in Exhibit A: Pqrcel I (3.201 aues): See Exhibit A (attached) Parcel 2 (3,201 acres): See Exhibit A (attached) Parcel 3 (3.589 aues): See Exhibit A (attached) Parcel 4 (111.716 acres): See Exhibit A (attacied) WHEREAS, the ploperty is located within the Agricultural/ Residential / Rural Density(A/R/RD) zone district and is also located in Study Area2&thr Co*prehensive plan of2000 in anarea designated as'butlying residential"; and WHEREAS, Section 8:52(4) of the Subdivisionregulations of 1984, as amended, states that ffg_ (t) iltElil l]il l]ill ]lllilllll llll llru[ilil] llll llll SqAgqS .O3/tt/2o}4 03:15P 81557 3 t't ALSDORF 2 of 6 R O.00 D O.OO CRRFIELD CI,.,{TY C0 . "No more than a total of four (4) lots, pircels, interests or dwelling units will be created from anyparcel, as that parcel was described in the records ofthe Garfield County Clerk and Recorder's Office' , oil January L , 7973, and is not a part of a recorded subdivision; however, any parcel to be divided byexemption that is split by a public right-of-way (State or Federal highway, bounty road or railroad), preventingjoint use of the proposed tracts, and the diviSion oc"uri along the putti. right-of-way,-, such parcels thereby created may, in the discretion of the Board, not be considered to have been'i1,. created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit Iimitationi' otherwise applicable; For the purposes of definiiion, all tracts ofland thirty-five (35j acres orgreater ",L, in size, 9*i4 after January'1,7973, will count as parcels of land created by exemption since ,i ,' , January 7' 1973'u , .WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County purposes_of Part l, Article 28, Title 30, Colorado Revisei Statutes 1973, as amended, for the reason WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County'ilr: commissioners of darfield county, Col"r.dq;;il;; ir;;ffi;bl" probability of locating .1"_ryt]i:,*ater on each of said parcels, that there is existing ingress ;; ;gr;.r; Ji;p;;r,,rr* , i, the location of septic tanks will be permitted by the colorado Deparfrent of Hea'lttr, tr,ui trr"requested division is not part of an ixisting o. I..g., development-urJ ao"r not fall within thegeneral pu{poses and intent of the lubdivision Reguiations ofthe State of Colrr.a" *J,frr 6"*ry 9f garfield, and should, therefore, be exempted frim the definition ofthe t"nnr ;r*A;iri# *a"subdivided land" as set forth in C.R.S. tg73,3o-zg-l0l (10) (+(a), *.*LrJra-; *A"-'-" ' '..,::'" WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the' basis of substantial cbmpetent evidence produced at the aforernentioned hearing, has made the': following determination of facts: 1' Properpublic notice was provided as required for the hearing before the Board of County,-, Commissioners; e . 2' The.hearing before the Board of Couty Commissioneni was extensive and complete, all 3' The above stated and other reasons, the proposed Exemption from the Definition ofsubdivision is in the best interest or trr"'r,""uitf, t;6;r"lr, "orr,,r"nience, oraJ,prosperity and welfare of the citizens of Garfierd err"ty;';; - ' 4' The application is in conformance with the Garfield County zoningResolution of l9lg,as amended. Now THEREF0RE, BE IT RESOLVED that the division ofthe above described Eact ishereby exempted from such definitions with the *rai,r"* r"i ronnutow and may be conveyed in tiililt illll llllll llllll lllll llll lull lll illil lill llll ti48@45 g3/t7/2OO4 03:15P 81ilP694 ll fiLsDORF 3 of 6' R o.OO D O.oo GRRFIELE0UNTY c0 the form of Parcels 1 - 4 of the Pollard 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 this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been satisfied. l. 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. 2. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of conditional approval of the exemption. The Applicant shall submit a well sharing agreement that determines what entity (such as an HOA) owns, maintains, and governs the use ofthe well including the supportrng infrastructure such as the pumphouse, pump, waterlines, etc. [n addition, the agreemart shall also determine who owns and administers the water rights (1..32 acre feet) provided for in the West Divide Water Conservancy District contract (#030821LC(a)). Lastly, the agreernont shall include a reference to the easement depicted on the final exemption plat. This easement shall be recorded in the County Clerk and Recorder's Office and its book and page shall be noted on the final plat. The applicant shall depict the location of the ditch that runs along the east property lines ofthe proposed three small lots. This shall be clearly and correctly delineated on the final plat. 3. 4. 5. The Applicant shall record a separate deed at the time of final plat conveying the well easement and ownership of the water associated with the well to the Homeowne,r,s Association. frior to the signing o_!a nl{, the Applicant shall provide proof to the Building and planning Department that a well test has been iompleted which demonstrates an adequate pump rate aniwater quality pursuant to subset a - g below. If the aforementioned proof is not submitted, theApplicant shall be required to conduct a well pump test that demonsfate the following points: ?. That a four (a) hourpump test be performed on the well to be used;b. A well completion report demonstrating the depth ofthe well, the characteristics ofthe aquifer and the static water level;c. The results of-th. forlr (+) hour pump test indicating the pumping rate in gallons perminute and information showing drawdown and rechargg A_ written.opinion of the person conducting the well test that this well should beadequate to supply water to the number ofproposed lots; An assumption of an average of no ress ttran 3.s people per dwelling unit, using 100gallons of water per person, per day;If the well is to be shared, a legal, well sharing declaration which discusses alleasernents and costs associated with the operation and maintenance of the system andwho will beresponsible for paying these costs and how assessments will be made forthese costs; d. e. f. I []ll illl illlt ]llll llll llrt rlllll lll ultlll| ul's+ardqs oiztitzog+ 03:t5P , 7 P695 11 ALSDoRF 4 0i 6 R O.OO D O.OO GARFrr,u0 couNTY c0 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 cistem, the tank shall be a minimum of 1000 gallons. 7. That the following plat notes shall appear on the Final PIat: No further divisions by exemption from the rules of Subdivision will be allowed. No open hearth solid-fuel fireplaces will be allowed anywhere within an exernption. One(1) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., 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. 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. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado- Colorado is a "Right-to-Farm" Statepursuant to C.R.s. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells ofGarfield County's agricultural operations as a normal and necessary aspect ofliving 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 onpublic roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise ofchemical 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 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 irrigation ditches, controlling weeds, keeping livestock and pets under conhol, using propat! in accordancewith zoning, and other aspects of using and maintaining property, Residents and landowners are encouraged to learn about these rights und ,esponsibititie and act asgood neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agricultuie" put out by the colorado State university Extension office in Garfield county. One (l) dog will be allowed for each residential unit within aiubdivision and the dog shall be required to be confined within the owner's property boundaries. 8. The Applicant shall include a plat note on the final plat stating the following: .,The mineralrights associated with this property (also known as Parcels1,2,3, and iof the pollard Exemption) have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by themineral estate owner(s) or lessee(s)." a) b) c) d) e) s) I tuilt ilril ilil[ ]Iil tffi llll ilu llll llil ril 648*45 O3/ll/20o4 03:15P 81557 PE'96 l'1 RLSD0RF5 of 5 R O-oO D O.OO GRRFIELD COUNTY C0 Dated this 8th ATTEST:GARFIELD COUNTY BOARD OF CoMMISSIONERS, GARFIELD COUNT LORADO following vote: Aye Aye Aye STATE OF COLORADO County of Garfield .ou,,r'. "*"1il:f,xffi:;J;"ffi"##,i:ffffi.X$1d forgeging Re_solution is truly copied from the Records of the Proceeding of the Board ofCogntyCommissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal ofsaid County,at Glenwood Springs, this _ day of_ A.D. 2O_. County Clerk and ex-offrcio Clerk of the Board of County Commissioners Day of March, 2004, A-D. ) )ss ) E.. -&-P -U'-doIE- -FF :(,,z -(of-o.olrE c)Eioo -9i;l:OE ILIO-c:n (trld c, -EgII -sc, -9.o:\(9 -F.O-IF. . :.'1ts -eE-to., =Hr -ro (o Er\U+ A P&OP&Rrr AESC'BtIffCIAI_ , PARCEL 1 I: APARCELAFLAND.SIruATEINTHESWl/4NW1/4OFSECTION4,TOWNSHIP6SOUTH,RA]VGE 92WI4"JTOFi rne sDffH PRIN'IPaL MERIDIAN, couttfu or ,'RETELD srATE oi cot oxaoo, sND pARcEL oF LAND BE^NGI MoRE pARncuLARLy pr,scnBip,q,,s poitows, CoMMENCING AT THE WEST 1/4 CoR/vER of ,s,4tD sE-c?Io.lv 4, A BRASS CAp Ls NO. 14060 FOUND IN pIACE;, THENCE NO0'47',s1"W 6sr.qz rnnr ro iis,BAR em up t s io. iisot ttt pucl, THE TRll, po,,T oF' BEGINMNG; THEN1E NB7'18'32'E eot.ai ippr ro,q, npa,e,n eno cip rc yo. 36sr2 sET IN pLACE; THEN1EI soo"4s'22"8 210'80 FEET ro e neaeniii cAP Ls No. sosi sdr-w pr.ACE; THEN1E s6s,r8s2,w 661.49' FEET To A REBAR AND cAp Ls No. eiiiilBr fit ILACE; raitrcB ttoovralw 2to.so FEsrtr,TrrETRw, porNr oF BE,TNNTNG, sa, p,s,acr' oi uio coprunnio i.ioi eznes,MoRE OR '.sss., TOGETHER WTTH AND SUEUECT TO THE EASEMENTS SHOWN HEREON. I I,PARCEL2 t-- I A PARCEL oF LAND Srnhrl rN TIIE., swl / 4MVy-4 AlsECnoN 4, rowi/sarp 6 souTit,&4/ycE 92 WF'ST oFI rHB ,,*TH PNN,IPAL lttERIDIAtt, dwth'rr GARfrELD, srire bi cotnnepo, sArD pA*cEL oF I,.ND BE*Gy, MoRE pARncUr,ARLy DqscnJr,do as roii,ws, i couueNcmc AT THE w*sr 1/ 4 coR,ER o{,yp gec noN 4,A B*,.ss cAp r,s No. 14o& FDuNo N prACE;' THEN2E Noo'47'3 I"w 44a'az 'wer i6iii'uopruwssr-cotiffi'or pARcEL 2, TrrE TRw rcrM oFI BEGINNING; THEN,E !s-s-'1s's2^E aa ,<i {eer ro a neiai-iiiiii Ls No. s6sz2 s,r rN pMcE; THENaEt soo.4s,2z.E 21o.Bo FEET ra e ngaan ix6 u,p t s tto. iZliii-sai.w pr.acu, rruENcE s8s.t8,s2,w 661.s6' FEET; THEN.E Noo"47'31'w 21o'so iiii fr nre rnue pbiiiiiiii,wrnro, sArD pARcEL oF ra.NDcoNTAININc a. zo 1 AcREs; rr,rorg on-;is.- "'u' L\v D rvttt l vr EEU TOGErIHER WTTA,,UIO SUBJECTTO'*N USPUENTS SHOWN TIEREON. PARCEL 3 A PARCEL OF LA.IID STU. A!?.W THE SW|/4NW1/.4 O:SECrION 4, TOWNSH/. 6 SOTITH, RANGE 92 WEST AFff_#trf,f,X:fr il{HD#rh*WiXAR;;;-;;;,;b;";,o,,.m,s,wi,enciiorr.A,ttDBErNc B&INMIiG ATrHE urBsr U4 conffER oF sND sEcrIoN 4,,{ aR4s-9 cf-r-s No. 14060 FouND IN plAcg jrtETR,, por*T oF Br'lsrAr,rrdrG; lTt*rd; ioo.#, w zrr.az r,,ii 167 iiaAR /,No cAp rs No. 36s72 sr rNPM.E; nIENcE N's"t aw;e-aoi.;;;;; ;b; na,en au,caprs id s6sz2 EET N lucq rrrENcEso0"4s'22.8 236'es ree.! tyaaxci iniili)ni C":; ; No:";;i*ru*, corruin srr rN prAcE BEqRs[,f;fr;BH.T;i,ffiT!#ffe,,, ""i!{;y#,:;,;;#;;",;;l*,, ** o, BEerNNrNo, sArD pArcEL TOGETHER W|TH rTTE EASEI4EIf?S SHOWN HEREON. PARCEL 4 A PAR CEL OF I.AN D BEIN G Crt.*RN M*.'O", -Y! Y 1 / 4N W 1 / 4, NE l / 4 5W 1 / 4 NW 1 / 4 AN D TTTE#i;;y{r'XY;r?; u"no* r, '6ix;iii 6 sow*, auoi sL-iws1 9r ruo sxr, pRrNcrpAL MERTDTAN,,Ess. '---' srATEoF caIDRADo, saDprcRcnioi-Ir;Ni-ootrrnxwo ttl.7t6AcRrs, MoREoR IJ,,t,l