HomeMy WebLinkAbout6.0 Resolution 2015-19f 1111P.MVAR VIVikkiI/U,IMJ IM01011I 111
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04/21/2015 04:16:51 PM Jean Alberico
1 of 8 Reo Fee•$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 Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 6th day of April A.D. 2015, 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,22/c'�
A RESOLUTION OF APPROVAL FOR A MINOR SUBDIVISION (MODIFYING A
DIRECTOR'S DECISION) ON A 66.12 ACRE PROPERTY LOCATED
APPROXIMATELY 41/2 MILES NORTHEAST OF THE TOWN OF CARBONDALE
OFF OF COUNTY ROADS 103 AND 105 ON PROPERTY OWNED BY THE
CLIFFORD CERISE RANCH COMPANY LLLP IN SECTION 24, TOWNSHIP 7
SOUTH, RANGE 88 WEST OF THE 61.11 P.M., GARFIELD COUNTY
PARCEL NO# 2393-241-00-261
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for call-up by the applicant, the Clifford Cerise Ranch Company LLLP, of a Director's
Decision approving the Clifford Cerise Upper Ranch Minor Subdivision. The call up requested
modification to Condition No. 6 of the Director's Decision Letter dated February 6, 2015, related
to the timing for providing documentation associated with the water supply plans for proposed
Lots 1 and 3. (File No. MISA-8047)
B. The Clifford Cerise Upper Ranch Minor Subdivision is located on a 66.12 acre
property owned by the Clifford Cerise Ranch Company LLLP and more particularly described as
Tract B on the Cerise Subdivision Exemption Plat recorded at Reception No. 359462 in the
records of the Garfield County Clerk and Recorder (Property).
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C. The Property is located within unincorporated Garfield County in the Rural zone
district, and approximately 41/2 miles northeast of the Town of Carbondale, off of County Roads
103 and 105.
D. A Minor Subdivision may be permitted pursuant to the Land Use and Development
Code, as amended (Code) subject to the Administrative Review process and compliance with
Approval Criteria contained in Section 5-301(C).
E. The call up request was submitted and reviewed pursuant to Section 4-112 of the
Code.
. F. The Board is authorized to approve, deny, or approve with conditions a request for
reconsideration of a Director's Decision for Administrative Approval of a Minor Subdivision
pursuant to the call up provisions of the Code, including requests to modify conditions of
approval in the Director's Decision.
G. The Board opened a public hearing on the 6th day of April, 2015, for consideration of
whether the proposed modification to the Director's Decision should be granted or denied,
during which hearing the public and interested persons were given the opportunity to express
their opinions regarding the request.
H. The Board closed the public hearing on the 6th day of April, 2015, to make its final
decision.
1. 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 hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and all interested
parties were given the opportunity to provide input prior to the decision date.
3. That for the above stated and other reasons the proposed Minor Subdivision is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of conditions and granting of a waiver from the
requirement for engineered improvements plans, the application has adequately met the
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requirements of the Garfield County Land Use and Development Code, as amended,
including Section 5-301 (C) Minor Subdivision Review Criteria.
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.
B. The Clifford Cerise Upper Ranch Minor Subdivision on the Property is hereby approved
subject to compliance with the following conditions:
1. That all representations contained in the Application submittals shall be considered
conditions of approval unless otherwise amended or changed by the Board of County
Commissioner's Decision.
2. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat
or amend the existing text to conform to following:
a. 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. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and County policy provide that ranching, farming or other agricultural activities
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 amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations.
b. 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.
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c. The mineral rights associated with this property may not have been transferred with
the surface estate therefore allowing the potential for natural resource extraction on
the property by the mineral estate owner(s) or lessee(s).
d. A site specific soils and foundation analysis shall be required for new construction
once final building locations are determined. The analysis shall address subsidence
potential and compliance with the recommendations of said analysis shall be
required. Engineered foundations and septic systems may be required pursuant to
the findings and recommendation of the soils analysis.
e One half of Traffic Impact Fees shall be payable prior to recording the Final Plat
and the remaining one half due to the County at the time of Building permit issuance.
The remaining ►/s of the fee is $ Z per lot.
f Driveway Access Permits from the County Road and Bridge Department shall be
required at the time of building permit application.
g.
At the time of building permit a site specific drainage plan for the structure and
driveway shall be required.
h. Re -vegetation of disturbed areas with a native seed mix and plants shall be required
as part of the building permit process and removal of native vegetation outside of the
building envelope discouraged except as warranted for wild fire protection.
i. No new 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.
1.
All exterior lighting shall be the minimum amount necessary and that all exterior
lighting 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.
k Addresses are to be posted where the driveway intersects the County road. If a shared
driveway is used, the address for each home should be posted to clearly identify each
address. Letters are to be a minimum of 4 inches in height, % inch in width and to
contrast with background color.
1. Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus in adverse weather conditions.
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m. Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire.
n. Domestic Dogs kept on the property shall be in a fenced yard or on a leash to prevent
harassment of wildlife.
o. Fencing on the property shall comply with the Colorado Parks and Wildlife
specifications for wildlife friendly fencing.
p. Control of noxious weeds is the responsibility of the property owner. Compliance
with the County Noxious Weed Regulations and Weed Act shall be required.
q. A 25 ft. setback shall be required from all irrigation ditches for ditch maintenance by
the appropriate ditch company or owners of water rights within the ditch.
r. The Crystal Spring is located on Lot 3 and said lot is subject to any easements or
rights associated with the spring, its improvements and conveyance system.
3. The following edits and modification to the minor subdivision plat shall be required:
The plat shall be updated to include adequate easements from the edges of the
augmentation pond and augmentation plan conveyance features such as ditches and
pipelines.
The plat shall be updated to include designation of the spring box and related
improvements for the Crystal Spring. Any existing easements for the spring shall be
shown on the plat. A plat note shall be added addressing the existence of the spring
on Lot 3. The text of the plat/note shall be reviewed and approved by the County
torney's Office.trvkl.'
(rThe vicinity map shall be added to the plat.
Certificates and signature blocks shall be updated in accordance with the County's
standard templates as noted in the County Resource Guide. This shall include a
County Commissioner's Certificate, Certificate of Taxes Paid, Title Certificate, Lien
Holders Certificate (if necessary), updated Certificate of Ownership and Dedication,
and the deletion of the Community Development Director's Certificate.
ve
The driveway locations on the plat shall be removed.
The building envelope for Lot 3 shall be reviewed by the Applicant's engineer or
surveyor and shall be reconfigured to eliminate any areas with slopes greater than
20%.
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The Minor Subdivision Plat shall be subject to final review and approval by the County
Attorney's Office and the County Surveyor. The Applicant shall submit an updated draft
of the proposed plat based on the County Surveyor and Attorney's review with all
required corrections including plat notes. Upon final approval by Staff the mylar shall be
printed and all necessary signatures obtained prior to presenting the plat to the Board of
County Commissioners for signature. The covenants and provisions related to the
augmentation plan shall be subject to review and approval by the County Attorney's
Office prior to filing of the plat.
School Impact Fees and Fire District Impact Fees shall be calculated and paid prior to the
execution and filing of the plat. Should an agreement with the Fire District be required by
the District said agreement shall be executed prior to the filing of the minor subdivision
plat.
The Applicant shall address the following conditions related to demonstration of a legal,
physical, adequate, and reliable water source to serve all three proposed lots. Conditions
related to Lot 2 shall be addressed prior to the plat being considered for execution and
recording by the Board of County Commissioners. Conditions related to Lots 1 & 3 shall
be addressed as provided below.
Val The Applicant shall provide a copy of the approved augmentation plan.
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he Applicant shall demonstrate that all conditions of the augmentation plan have
been met and the improvements associated with the augmentation plan have been
constructed and are operational.
c. The Applicant shall provide copies of well permits issued by the Division of Water
Resource for Lots 1 and 3 at the time of issuance of a building permit for members of
the Clifford Cerise Ranch Company LLLP or its members. An updated permit for
Lot 2 shall be provided if required by the Augmentation plan.
d.
The Applicant shall provide well pump testing results and water quality test results
for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use
and Development Code at the time of issuance of a building permit for members of
the Clifford Cerise Ranch Company LLLP or its members. Said results shall be
accompanied by analysis by qualified professionals determining that the production is
adequate to serve the residential uses and the water quality is acceptable for domestic
uses. If water quality issues are noted the report shall include treatment required to
address the water quality concerns and meet acceptable standards.
The Applicant shall complete a 4 hour pump test for the well on Lot 2. The pump test
results and the current water quality test results for the existing well shall be updated
to include an analysis by a qualified professional determining that the production is
adequate to serve the residential use and that the water quality is acceptable for
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domestic uses or provide for an appropriate treatment system to address water quality
concerns and meet acceptable standards.
f. Copies of well permits and all required testing in accordance with Section 7-104 of
the Land use and Development Code for Lots 1 & 3 shall be required prior to any sale
of said lots to ownership outside of the Clifford Cerise Ranch Company LLLP or its
members.
Prior to execution and recording of the plat, the Applicant shall provide for review
and approval by the County Attorney a plat note implementing the conditions of
proval.
he Applicant shall obtain Driveway Access Permits from the Road and Bridge
Department at the time of building permit application for each lot. The Applicant shall
comply with all conditions of said permits including required improvements.
VPrior to recording the plat, the Applicant shall provide a weed management plan
including a weed inventory and map. The plan and inventory shall be subject to review
and approval by the County Vegetation Manager.
VL. Prior to recording the plat, the covenants for the subdivision shall be updated to include
requirements for use of bear proof trash containers, compliance with the Colorado
Noxious Weed Act and County Weed Management Plan, and allocation of irrigation
water for each lot consistent with the provisions of the augmentation plan.
Dated this cO day of , A.D. 20 1
ATTEST:
YY).
Clerk bf the Board
IELD NTY BOARD OF
MIS ONERS GARFIELD
UNTY
Upon motion duly made and seconded a fore: oing Res • ut' • n was ado ted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
, Aye
, Aye
, Aye
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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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