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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.07.2014Board of County Commissioners — Public Meeting Exhibits — July 7, 2014 Froning Subdivision Preliminary Plan Extension Exhibit Letter (A to Z) Exhibit A Garfield County Land Use and Development Code B Request Letter and Application form dated June 17, 2014 C Resolution 2012-76 D Resolution 2013-57 E Staff Memo F Draft Resolution G H I 1J MO a ypx-imk- �-cam EXHIBIT 1 .7 1 June 17, 2014 Garfield County BOCC c/o Kathy Eastley, ACCP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Request for Extension for the Froning Family Subdivision Preliminary Plan Approval Dear Kathy & Members of the Board of County Commissioners: The Froning Family would like to request a two year extension of the Preliminary Plan for the Froning Family Subdivision. The Preliminary Pian was approved by the adoption of Resolution NO. 2012-76. A one year extension was granted by the adoption of Resolution No. 2013-57. The reasons remain the same as were stated in the request for extension last year. Specifically, the family has seen a decline in property values and family equity over the last few years and this is not the proper time for the family to fund the physical infrastructure improvements. While the economy has improved slightly, we are hesitant to make this out of pocket expense at the present time. We hope the economy continues to improve and that we can complete this subdivision, fund the infrastructure improvements and reach our family goals within the next two years. Please contact me if you need more information or wish to discuss this matter. Sincerely, Paul Froning Pa4A,e PO Box 545 Carbondale, Co 81623 9710.963.3455 Garfield County Community Development Department 108 86 Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com 'DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Owner/Applicant Name: Paul Froning (for the Froning Family) Phone: ( 970 y 963-3455 Mailing Address: PO Box 545 city: Carbondale State: CO Zip Code: 81623 ❑ Minor Subdivision Representative (Authorization Required) Name: Mark Chain Phone: ( 970 ) 309-3655 • Preliminary Plan Amendment Major Subdivision PROJECT NAME AND LOCATION ❑ Final Plat Amendment ❑ Sketch • Preliminary ■ Final Legal Description: Parcels 1 & 2 of the Lappala Road 107 Subdivision Exemption recorded July 12, 1984 as Reception No. 353934 • Common Interest Community Subdivision Conservation Subdivision 0 Public/County Road Split Exemption • Yield • Sketch ■ Preliminary • Final •t Rural Land Development Exemption o Time Extension INVOLVED PARTIES Owner/Applicant Name: Paul Froning (for the Froning Family) Phone: ( 970 y 963-3455 Mailing Address: PO Box 545 city: Carbondale State: CO Zip Code: 81623 E-mail: cimarronwoodworks@msn.com Representative (Authorization Required) Name: Mark Chain Phone: ( 970 ) 309-3655 Mailing Address: 811 Garfield Avenue City: Carbondale State: CO Zip Code: 81623 E-mail: mchain@sopris.net PROJECT NAME AND LOCATION Project Name: Froning Family Subdivision - Preliminary Plan Extension Assessor's Parcel Number: 2393 _ 272 - 00 - 032 (031) Physical/Street Address: 700 CR 107 AKA 532 Red Hill Rd. Carbondale Legal Description: Parcels 1 & 2 of the Lappala Road 107 Subdivision Exemption recorded July 12, 1984 as Reception No. 353934 Zone District: Rural Property Size (acres): 30.84 Project Description Existing Use: One Single-family detached dwelling and shop Proposed Use (From Use Description of Project: Table 3-403): Dwelling, Single - unit (per legal lot) Extension of Preliminary Plan approval for the Froning Family Subdivision. The Froning Family Subdivision is a 5 lot subdlvsion located on CR 107 (Red Hili Rd.) outside of Carbondale. The Preliminary Plan was approved on August 8, 2012 by adoption of Resolution 2012-76. A one year extension was granted by adoption of Resolution 2013,57. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 5 5 4.98 AC. to 10.85 Ac. per code Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards r3 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my. knowledge. 6,/47 /4, Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ _ _ - ,-__ _ _ _ Fee Paid: $ 4-616.0 104 fronbirFarMisabatthon ancereth PAA-efaz..1-.47 Paul Fronft ■III 01kITIMEIii tiiai 11 01 Reeeptienit: 822885 08/2112012 01:44x42 PM Jean Alberino • 1 of a Rec Fee:$0.00 Doo Fee:8.00 GARFIELD COUNTY CO STA FE 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 13th day of August A.D. 2012, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Carey Gagnon , Acting County Attorney Jean Alberico , Clerk of the Board Andrew Gorgey , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. o/A A RESOLUTION CONCERNED WITH'11iE APPROVAL OF A PRELIMINARY PLAN FOR THE FRONING SUBDIVISION LOCATED ON COUNTY ROAD 107 IN THE SECTION 27, TOWNSHEP 7 SOUTH, RANGE 88 WEST OF THE 6T11 P.M., GARFIELD COUNTY, COLORADO PARCEL NO# 2393-272-00-032 AND 2393-272-00-031 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a Subdivision Preliminary Plan application to allow for the subdivision of the combined area of two parcels into five single family lots. B. The d 31 -acre site is located north of the Town of Carbondale on County Road 107 (Red Hill Road) and more fully described in a Special Warranty Deed recorded at Reception Number 755267 and a Quit Claim. Deed recorded at Reception Number 796982 in the Office of the Garfield County Clerk and Recorder. C. The subject property is contained within the Rural zone district within unincorporated Garfield County. D. The Board is authorized to approve, approve with conditions, or deny a request for 1 1111 Ilw>� I'�4�t41��6�lUIL 1l'IMG�ifl�4"I��>��+ 11 11 1 Receptlen#; 522995 OB12112012 01:44;42 PM Jean Plberlao 2 of U Rec Fee:t0.00 Doo Fee:0.00 ORRFIELD COUNTY CO Subdivision Preliminary Plan pursuant to Article V of the Unified Land use Resolutions of 2008, as amended. E. The Planning Commission opened a public hearing on June 27, 2012 at which time the Commission, in a 5-0 vote, recommended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 13th day of August, 2012 upon the question of whether the above-described Subdivision Preliminary Plan should be approved or denied, during which hearing die public and interested persons were given the opportunity to express their opinions regarding the plan. G. The Board of County Commissioners continued the public hearing to the 20th day of August, 2012 IL The Board of County Commissioners closed the public hearing on the 20th day of August, 2012 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearings. 2. That the hearings were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the hearings. 3. That, upon compliance with conditions of approval, and for the above stated and other reasons, the request for a Preliminary Plan to create five (5) lots is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Comprehensive Plan 2030. 5. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 2 1111 Ut 141CCIEFIrMlii 1111 Receptlarn#: 822995 08121!2012 01.44:42 PM Jean 41 erloo 3 of 8 Roo Fee:$0,00 Doo Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. A Subdivision Preliminary Plan and to create five (5) lots in the Froning Subdivision is hereby approved subject to the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Preliminary Pian approval shall be valid for a period of one (1) year. 3. Plat Notes The Applicant shall comply with the final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (U -UR): a. The Final Plat shall contain the following notes: 1. Control of noxious weeds is the responsibility of the property owner; ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. 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; iii. All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall 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; iv. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, 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, sights, sound, and smells only as inconvenience, eyesore, noise and odor_ However, state law and county policy provide that ranching, farming and other agricultural activities 3 IMI.1•CiVOIEWI l NIS 11 III Reoeptient#: 822885 08/21/2012 01:44:42 PM Joan ALberico 4 of G Reo Foo;$0.00 coDFeer0.00 GARFIELD COUNTY CO 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 by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations; v. All owners of land, whether ranch or residence, have obligations under state law and Bounty 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 an 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; vi. Based on the analysis of the sub -soils on the property, Individual Sewage Disposal Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner; vii. A Site-specific soils and foundation investigation shall be submitted with the Building Permit application for each lot within the Froning Subdivision; viii. Restrictions regarding animal control, fencing and prevention of conflicts with wildlife shall be included in the protective covenants compliant with the recommendations of Colorado Wildlife Science, LLC contained in a report dated August 2010; ix. All streets are dedicated to the public use but will be owned and maintained by Homeowner's Association. All streets will be constructed to standards consistent with Article VII, Section 7-307 Roadway Standards, of the ULUR, unless specific sections have been waived by the Board of County Commissioners. Repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision; x. The mineral rights have not been severed from the surface parcels however the future sale of the sites may sever these rights. In order to inform future owners that mineral rights may be severed a plat note regarding this fact must be included on the final plat; 4 RMceptient: 822995 09/21/2012 01:44:42 PM dean Alberioa 6 of 9 Rao Fee:66.60 Doc Fee:6,00 GARFIEtD COUNTY CO xi. A plat note shall be written, to the satisfaction of the County Attorney's Office, regarding restrictions on Lot 3 which is split by the access road. Specifically, this lot has been created as a single parcel with the allowance for one single family home on the 5.006 -acre site. 4. FINAL PLAT The Final Plat shall contain the following certificates as contained within the Plat Certificate Appendix of the ULUR: a. Certificate of Dedication and Ownership; b. Lienholder Consent and Subordination Certificate, if applicable; c. Board of County Commissioners Certificate; d. Title or Attorney Certificate; e. Treasurer Certificate of Taxes Paid; £ County Surveyor Certificate; g. Clerk and Recorder Certificate; h. Surveyor Certificate. 5. WATER REQUIREMENTS a. The Applicant shall obtain a well permit for the subdivision as required by the Division of Water Resources and this well permit shall be considered a submittal requirement at final plat; b. The Applicant shall include the terms and conditions of water decree case no. 06CW195 in the Subdivision Improvements Agreement and Restrictive Covenants; c. The Applicant shall submit the results of well testing as required by Section 7-104 B. of the ULUR with the. Final Plat application. The report shall provide data sufficient to demonstrate provision of adequate water quantity and quality to serve the lots in the subdivision; d. If water quality analysis requires treatment of the water the Applicant shall provide design of the treatment system and cost estimates as a submittal requirement at final plat; e. The HOA shall be transferred the water rights, well permit and all easements and facilities related to the water system for this subdivision; f. The subdivision covenants, or other HOA documents, must include description of the right of each lot to use the water, must adequately describe the maintenance requirements of the system, and must assign authority to the HOA to collect fees associated with the use and 5 11!1 rrIVEIl ILIVUIl uL IttiliCININIVF141114 11111 Reeept i onto : 822995 08121/2012 01:44142 PPI Jean Rlberiao 6 of B Rao Fee:$0.00 Doc Fe®:6.00 GARFIELD COUNtY CO maintenance of this system. This documentation shall be considered a final plat submittal requirement and shall be reviewed by the County Attorney's office for a determination of sufficiency. 6. ROAD REQUIREMENTS The Board of County Commissioners support the requested waivers regarding road standards, as recommended by the Planning Commission, and a condition will be included which requires the applicant delineate adequate snow storage areas within the blanket easement. The easements shall be dedicated to the Homeowner's Association. 7. SUBDIVISION IMPROVEMENTS AGREEMENT a. Any Applicant for a building permit within the subdivision shall provide a site grading plan demonstrating how flows from the existing basins will be mitigated. This shall also be required as a plat note on the Final Plat and within the covenants; b. The retaining walls required by the subdivision shall be designed and included in the subdivision improvements agreement. Adequate easements must be created and the easements dedicated to the HOA who will be responsible for ongoing maintenance of these structures; c. Should additional water storage be required, based upon requirements of the Carbondale & Rural Fire Protection District, the Applicant shall provide an updated design and revise the cost estimates. 8. COVENANTS a. Protective Covenants, Section 3.12, Recreational Vehicles (RV), shall be amended to permit RV' s to be used for occupancy by the owners of a lot or their guests for up to 14 days; b. Section 3.18, Variances, shall be amended regarding the ability of the ACC or the Board of the Association allowing for variance from the provision of the covenants. The ACC or the Board may only grant variances that do not affect the compliance of the subdivision with the Unified Land Use Resolution of 2008, as amended; c. The covenants shall include requirements related to the on-site retention required for each lot including the specifications for the retention; d. The covenant shall include requirements for fire sprinklers in the single family homes within the subdivision covenants including, but not limited to, water pressure/booster pump requirements. 6 1111 IFIIViKAPPliallilLINIL 1lii Reception*: 822995 09!21/2012 01:44:42 P11 Jean A1berico 7 of 8 Reo Fee:80.00 Doo Fee:0.00 GARFIELD COUNTY CO 9. IMPACT FEES a. The Applicant shall submit an apprai sal with the Final Plat application so that calculation of the amount of the fee -in -lieu payment of school land dedication for the subdivision can be calculated. Payment of the fee -in lieu will be required prior to approval and recording of the final plat for the subdivision; b. Prior to approval and recordation of the final plat The Applicant shall be required to comply with Resolution 2008-05, the required residential impact fee for the Carbondale and Rural Fire Protection District. A letter from the District regarding satisfaction of payment must be submitted to Building & Planning prior to plat approval. 10. As a final plat submittal requirement the Applicant shall provide information regarding completion of the formation of an incorporated homeowner's association. 11_ The Applicant shall delineate and legally describe all easements on the final plat and convey all easements to the responsible entity. This dedication shall be in a form acceptable to the County Attorney's Office and transfer shall occur at the time of recording of the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, stormwater drainage easements, open space and any internal roads required as a part of this development. 12. Final plat submittal requirements shall include a Storm Water Management Plan that focuses on erosion control that prevents the detachment of soil rather than sediment control, which focuses on removal of soils particles from runoff. Dated this day of ait , A.D. 201 — . ATTEST: GARFIELD - * LINTY BOARD OF COMMISS ONE' GARFiE 1D COUNTY, LO of the Board Chairm Upon motion duly made and seconded the f following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMJSSIONER MIKE SAMSON COMMLSSIONER TOM JANKOVSKY ed by the , Aye , Aye , Aye 7 dill nrailitmy umpilluirwirrogRoii 1I II Reception*: 822995 08/21/2012 01:44:42 PM Jean Alberiao 8 of 8 Rao Feu:$0.00 Doc Fee:0.00 tARFLELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 1, , 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 8 1111 ra124111.11111 VIZMN:Milieldiff 1111111 Reception#: 84244 091(14/2093 02:44:33 PPI Jean Albarico 9 of 3 Rec Fea:$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 Cotnmissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Tuesday, the 3`d day of September, 2013, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Carey Gatanon Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 026 i3 -5 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE FRQNING SUBDIVISION PRELIMINARY PLAN LOCATED NORTH OF THE TOWN OF CARBONDALE ON CR 107, GARFIELD COUNTY PARCEL NO. 2393-272-00-032 and 2393-273-00-031 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 3`1 day of September. 2013, the Board considered whether a request for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the Franing Subdivision was approved by the Board on the 13`h day of August, 2012 under Resolution No. 2012-76 for real property described in a Quit Claim Deed recorded at Reception Number 796982 and in a Special Warranty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, ■III i Pail uati iferroo *UN 11111 Reccptian#: 840244 09/0412013 02,44:33 PM Jean Alberloo 2 of 3 Rec Fee:50.00 Dao Fee:0.00 GRRFIELD COUNTY CO Garfield County, Colorado. E. In accordance with the Garfield County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was required to file a technically complete Final Plat application prior to August 13, 2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an extension of the Preliminary Plan. Resolution NOW, THEREFORE, BE ET RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code. C. The public meeting 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 hearing. D. The granting of a one-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Pian to allow for the filing of a technically complete final plat until August 13, 2014. The motion was approved by a vote of 3-0. Dated this 3day of &la , A.D. 2013. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board ■Ill WIY5114T,Mit 11 ID Receptions: 840244 19104!2019 02,44:33 PM Jean ALbbarloo 3 of 3 Rec Fea:SO.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tom Jankovsky 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. 2011 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111 11111 Ree eptton#: 822995 08!21!2012 01:44:42 PM Jean Alberioo 1 of 8 Rec Fee:$0.00 Doo Foe:9,00 GARFIELD COUNTY CO STA 1'h OF COLORADO )ss County of Garfield EXHIBIT 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 13th day of August A.D. 2012, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Carey Gagnon , Acting County Attorney Jean Alberico , Clerk of the Board Andrew Gorgey , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. Aia —7142 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE FRONING SUBDIVISION LOCATED ON COUNTY ROAD 107 IN THE SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6l P.M., GARFIELD COUNTY, COLORADO PARCEL NO# 2393-272-00-032 AND 2393-272-00-031 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a Subdivision Preliminary Plan application to allow for the subdivision of the combined area of two parcels into five single family lots. B. The ±31 -acre site is located north of the Town of Carbondale on County Road 107 (Red Hill Road) and more fully described in a Special Warranty Deed recorded at Reception Number 755267 and a Quit Claim Deed recorded at Reception Number 796982 in the Office of the Garfield County Clerk and Recorder. C. The subject property is contained within the Rural zone district within unincorporated Garfield County. D. The Board is authorized to approve, approve with conditions, or deny a request for 1 1111 IA, MUM P I'1 14L 11111 Reception#: 822995 08/21/2012 01:44:42 PM Jean Alberico 2 of 8 Rec Fee:$0.00 Doo Fee:0.00 GARF[ELD COUNTY CO Subdivision Preliminary Plan pursuant to Article V of the Unified Land use Resolutions of 2008, as amended. E. The Planning Commission opened a public hearing on June 27, 2012 at which time the Commission, in a 5-0 vote, recommended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 13th day of August, 2012 upon the question of whether the above-described Subdivision Preliminary Plan should be approved or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the plan. G. The Board of County Commissioners continued the public hearing to the 201 day of August, 2012 H. The Board of County Commissioners closed the public hearing on the 20th day of August, 2012 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearings. 2. That the hearings were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the hearings. 3. That, upon compliance with conditions of approval, and for the above stated and other reasons, the request for a Preliminary Plan to create five (5) lots is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Comprehensive Plan 2030. 5. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 2 1111 4 I10th 'i1411141.1+4 IrrigieCtiffIrliililii 11111 Reception#: 822995 08/21/2012 01-44:42 PM Jean Rlbarloo 3 of a Reo Fee:50,00 Doo Fee 0_00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. A Subdivision Preliminary Plan and to create five (5) lots in the Froning Subdivision is hereby approved subject to the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Preliminary Plan approval shall be valid for a period of one (1) year. 3. Plat Notes The Applicant shall comply with the final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (ULUR): a. The Final Plat shall contain the following notes: Control of noxious weeds is the responsibility of the property owner; ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. 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; iii. All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall 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; iv. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, 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, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities 3 1111 tnIMPtiVII Rik 11111 Reception#: 822995 00121(2012 01:44:42 PN Jean Alberico 4 of 8 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO 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 by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations; v. 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 an 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; vi. Based on the analysis of the sub -soils on the property, Individual Sewage Disposal Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner; vii. A Site-specific soils and foundation investigation shall be submitted with the Building Permit application for each lot within the Froning Subdivision; viii. Restrictions regarding animal control, fencing and prevention of conflicts with wildlife shall be included in the protective covenants compliant with the recommendations of Colorado Wildlife Science, LLC contained in a report dated August 2010; ix. All streets are dedicated to the public use but will be owned and maintained by Homeowner's Association. All streets will be constructed to standards consistent with Article VII, Section 7-307 Roadway Standards, of the ULUR, unless specific sections have been waived by the Board of County Commissioners. Repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision; x. The mineral rights have not been severed from the surface parcels however the future sale of the sites may sever these rights. In order to inform future owners that mineral rights may be severed a plat note regarding this fact must be included on the final plat; 4 1111 iiia Reception#: 822995 08!21/2012 01.44:42 PM Jean Alberico 5 of 8 Reo Fee:$0.00 Doc Fee:8.00 GARFIELD COUNTY CO xi. A plat note shall be written, to the satisfaction of the County Attorney's Office, regarding restrictions on Lot 3 which is split by the access road. Specifically, this lot has been created as a single parcel with the allowance for one single family home on the 5.006 -acre site. 4. FINAL PLAT The Final Plat shall contain the following certificates as contained within the Plat Certificate Appendix of the ULUR: a. Certificate of Dedication and Ownership; b. Lienholder Consent and Subordination Certificate, if applicable; c. Board of County Commissioners Certificate; d. Title or Attorney Certificate; e. Treasurer Certificate of Taxes Paid; f. County Surveyor Certificate; g. Clerk and Recorder Certificate; h. Surveyor Certificate. 5. WATER REQUIREMENTS a. The Applicant shall obtain a well permit for the subdivision as required by the Division of Water Resources and this well permit shall be considered a submittal requirement at final plat; b. The Applicant shall include the terms and conditions of water decree case no. 06CW195 in the Subdivision Improvements Agreement and Restrictive Covenants; c. The Applicant shall submit the results of well testing as required by Section 7-104 B. of the ULUR with the Final Plat application. The report shall provide data sufficient to demonstrate provision of adequate water quantity and quality to serve the lots in the subdivision; d. If water quality analysis requires treatment of the water the Applicant shall provide design of the treatment system and cost estimates as a submittal requirement at final plat; e. The HOA shall be transferred the water rights, well permit and all easements and facilities related to the water system for this subdivision; f. The subdivision covenants, or other HOA documents, must include description of the right of each lot to use the water, must adequately describe the maintenance requirements of the system, and must assign authority to the HOA to collect fees associated with the use and 5 1111miPaii+thivaii 11111 Reception#: 822995 08121!2012 01:44:'2 PM Jean Rlberioo 6 of 8 Rec Fee:$0.00 Doc Fee;0.00 GARFIELD COUNTY CO maintenance of this system. This documentation shall be considered a final plat submittal requirement and shall be reviewed by the County Attorney's office for a determination of siifficiency. 6. ROAD REQUIREMENTS The Board of County Commissioners support the requested waivers regarding road standards, as recommended by the Planning Commission, and a condition will be included which requires the applicant delineate adequate snow storage areas within the blanket easement. The easements shall be dedicated to the Homeowner's Association. 7. SUBDIVISION IMPROVEMENTS AGREEMENT a. Any Applicant for a building permit within the subdivision shall provide a site grading plan demonstrating how flows from the existing basins will be mitigated. This shall also be required as a plat note on the Final Plat and within the covenants; b. The retaining walls required by the subdivision shall be designed and included in the subdivision improvements agreement. Adequate easements must be created and the easements dedicated to the HOA who will be responsible for ongoing maintenance of these structures; c. Should additional water storage be required, based upon requirements of the Carbondale & Rural Fire Protection District, the Applicant shall provide an updated design and revise the cost estimates. 8. COVENANTS a. Protective Covenants, Section 3.12, Recreational Vehicles (RV), shall be amended to permit RV's to be used for occupancy by the owners of a lot or their guests for up to 14 days; b. Section 3.18, Variances, shall be amended regarding the ability of the ACC or the Board of the Association allowing for variance from the provision of the covenants. The ACC or the Board may only grant variances that do not affect the compliance of the subdivision with the Unified Land Use Resolution of 2008, as amended; c. The covenants shall include requirements related to the on-site retention required for each lot including the specifications for the retention; d. The covenant shall include requirements for fire sprinklers in the single family homes within the subdivision covenants including, but not limited to, water pressure/booster pump requirements. 6 111 iIineittlYILNLIPLIrare4I# CWCI iI,II' 11111 Receplibr#: 822995 08/21/2012 01:44:42 PM Jean A1berico 7 of 8 Rec Fee:$0.00 Deo Fee:D.00 GARFIELD COUNTY CO 9. IMPACT FEES a. The Applicant shall submit an appraisal with the Final Plat application so that calculation of the amount of the fee -in -lieu payment of school land dedication for the subdivision can be calculated. Payment of the fee -in lieu will be required prior to approval and recording of the final plat for the subdivision; b. Prior to approval and recordation of the final plat The Applicant shall be required to comply with Resolution 2008-05, the required residential impact fee for the Carbondale and Rural Fire Protection District. A letter from the District regarding satisfaction of payment must be submitted to Building & Planning prior to plat approval. 10. As a final plat submittal requirement the Applicant shall provide information regarding completion of the formation of an incorporated homeowner's association. 11. The Applicant shall delineate and legally describe all easements on the final plat and convey all easements to the responsible entity. This dedication shall be in a form acceptable to the County Attorney's Office and transfer shall occur at the time of recording of the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, stormwater drainage easements, open space and any internal roads required as a part of this development. 12. Final plat submittal requirements shall include a Storm Water Management Plan that focuses on erosion control that prevents the detachment of soil rather than sediment control, which focuses on removal of soils particles from runoff. d'' , A.D.20 1'2- Dated this ap 'day of � ' GARFIELD _•UNTY BOARD OF COMMISS ONER GARFIELD COUNTY, LO ATTEST: of the Board Upon motion duly made and seconded the fregs'ng Reso • on was ado ed by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Aye 7 1111IInsLIrIYairtlgIimii 111 III Reception#: 822995 08/21/2012 01:44!42 PM Jean Alberlco 8 of 8 Rev Fee:SO.00 Doc Fee:0.00 GARF[ELD COUNTY CO 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, 1 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 8 /1111411 i n4IE1 IAN .I�r+�l «rihhl 1 1 1601101111 11 111 Reception#: 840244 09/04/2013 02.44.33 PM Jean Alberico 1 of 3 Rec Fee $0 00 Doc Fee:0 00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield EXHIBIT At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Tuesday, the 3`d day of September, 2013, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Carey Gagnon Jean Alberico Andrew Gorgey Commissioner Chairman , Commissioner , Commissioner , County Attomey , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 020 X3.5 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE FRONING SUBDIVISION PRELIMINARY PLAN LOCATED NORTH OF THE TOWN OF CARBONDALE ON CR 107. GARFIELD COUNTY PARCEL NO. 2393-272-00-032 and 2393-273-00-031 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 3`d day of September, 2013, the Board considered whether a request for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the Froning Subdivision was approved by the Board on the 13th day of August, 2012 under Resolution No. 2012-76 for real property described in a Quit Claim Deed recorded at Reception Number 796982 and in a Special Warranty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, 3 1111 te loam 1,1'I01 WPM WA 11111 Reception# 840244 09/04/2013 02 44:33 PM Jean Alberico 2 of 3 Rec Fee:$0 00 Doc Fee.0.00 GARFIELD COUNTY Co Garfield County, Colorado. E. In accordance with the Garfield County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was required to file a technically complete Final Plat application prior to August 13, 2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an extension of the Preliminary Plan. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code. C. The public meeting 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 hearing. D. The granting of a one-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until August 13, 2014. The motion was approved by a vote of 3-0. Dated this 3'4'4 day of Zia , A.D. 2013. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO A.2,. ni Wiz Clerk of the Board 11111 K. FAII10111. I40LI60,1i9C1~igNii 11111 Receptiontl: 840244 09/04/2013 02:44:33 PM Jean ALbarico 3 of 3 Rec Fee,S0 00 Doc Fee 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tom Jankovsky 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. 2013. County Clerk and ex -officio Clerk of the Board of County Commissioners MEMORANDUM BOCC July 7, 2014 KE EXHIBIT REQUEST Froning Subdivision Preliminary Plan Extension APPLICANT / OWNER Paul and Linda Froning, Donald & Billie Froning and John and Karen Hatchett REPRESENTIATIVE Mark Chain LOCATION 0700 CR 107 (Red Hill Road) just north of the Town of Carbondale SITE DATA EXISTING ZONING 31 -acres/ 5 Single Family Lots Rural I REQUEST The Froning Family requests the Board of County Commissioners (the Board) grant a two- year extension to the Preliminary Plan which will expire on August 13, 2014. This subdivision was originally approved by Resolution 2012-76 and a one-year extension was granted by Resolution 2013-57. The Garfield County Land Use and Development Code, as amended (LUDC) contains a provision that allows an Applicant to request extension of a Preliminary Plan pursuant to Section 4-101 (I). 1 BOCC July 7, 2014 KE II BACKGROUND The Board granted Preliminary Plan approval for this subdivision on August 13, 2012, Resolution No. 2012-76, Exhibit C, with a one year timeframe in which the final plat application must be accepted as complete by the Community Development Department. Prior to the expiration of the approval the Applicants requested the Board consider an extension of the Preliminary Plan which was granted by Resolution 2013-57, Exhibit D, for one year with an expiration date of August 13, 2014. II. AUTHORITY Section 4-101 I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. III BOARD CONSIDERATION The Board may consider a two-year extension of the Preliminary Plan to allow the Applicant additional time to satisfy conditions of approval and submit a technically complete Final Plat. Should the Board approve this request a Draft Resolution is included as Exhibit F. 2 STATE OF COLORADO )ss County of Garfield EXHIBIT I At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Monday, the 7th day of July, 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE FRONING SUBDIVISION PRELIMINARY PLAN LOCATED NORTH OF THE TOWN OF CARBONDALE ON CR 107, GARFIELD COUNTY PARCEL NO. 2393-272-00-032 and 2393-273-00-031 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 7th day of July, 2014, the Board considered whether a request for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the Froning Subdivision was approved by the Board on the 13th day of August, 2012 under Resolution No. 2012-76 for real property described in a Quit Claim Deed recorded at Reception Number 796982 and in a Special Warranty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the Garfield County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was required to file a technically complete Final Plat application prior to August 13, 2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an extension of the Preliminary Plan. G. The request for an extension of the Preliminary Plan was approved by Resolution 2013-57 which required filing of a technically complete Final Plat application prior to August 13, 2014. H. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for a second request for a two-year extension of the Preliminary Plan. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code. C. The public meeting 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 hearing. D. The granting of a two-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until August 13, 2016. The motion was approved by a vote of 3-0. Dated this day of , A.D. 2014. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Date Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tom Jankovsky , Aye/Nay , Aye/Nay , 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. 2013. County Clerk and ex -officio Clerk of the Board of County Commissioners