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Home My WebLink About2.0 BOCC Staff Report 01.11.20015Board of County Commissioners, January 11, 2015 r Subdivision Amendment Exhibit Letter (A to Z) Exhibits A Public notice Affidavit and Mail Receipts B Garfield County 2013 Land Use Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Faxed request dated December 18, 2015 from Lois and Wayne Vagneur G Staff plat review letter dated December 29, 2015 II Draft Resolution I J K L M N 0 P Q R S T U V W X Y Z AA BB EXHIBIT 1 A Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. yMailed notice was completed on the /I day of . j.e6t,,,,, I'M V All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in th Cler and Recorder or Assessor or through other means [list] / tx c C4 ' 4 . ■ Please attach proof of c rtified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. nMy application required Posting of Notice. Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: ,—di k)1 n��%. Signature: _w 7Y) Date: 1 .. /3i//5 11.1 ' rl ru ;D Return Receipt Fee D (Endorsement Required) Restricted Delivery Fee in (Endorsement Required) ru $0. 43 Total Postage & Fees $6. Se To El U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only SECTION ON DELIVERY For delivery information, visit our website at www usps com CAWORALET CO 1,. 07 Certified Fee 'pes d lelivery add Postmark Here 12/15/2015 _ 3-4,1„ge--(i2) Sri cirP°9°Axk°' 1 7 2 140 c,41 Z City, State, ZIP+4 081 76 2-3 • PS Form 380 • ly 2014 PS Form 3811, February 2004 SE See Reverse for Instructions, Domestic Retum Receipt U.MStal Service- ' CERTIFIED MAIL® RECEIPT Domestic Mail Only all 0 Express Mail Retum Receipt for MerchandW ill 0 .0.D. Ivey? (Extra Fee) 0 yes 1102 4145 For delivery information, visit our website at www.usps.com CARIMDAtEfr'CR p-4623 SE Po Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) so. 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D N 0531 Postmark Here 12/15/201` Sent {) // C •1_1_0 e ti west 1i XIT No., J/ or PO Box No. / 7 3 5-2 1'/4 - city, State - c7 24 q5'60 rbo-n�r - > : /.23- See Reverse for Instructions PS Form 3800, July 2014 PS Form 3811, February 2004 Domestic Return Receipt Agent ❑ Address[ Hinted ane) C.1Date of Delive W)41,44- is different from item 1? iivery address below: ❑ Yes ❑ No ❑ Express Man 15(Retum Receipt for Merchandk ❑ C.O.D. i/1 (Extra Fee) 0 Yes 4107 102595.02-M-15 13 rg ru ru 13 C3 C:3 ru via (:3 0002 0102 4152, D ru .13 rR r -R U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . AsPf, 1.7= '1,31r Posta:Ile 4ffl Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $0. Total Postage & Fees $2.-Z0 $0.00 $0.00 $0.00 9 $0.00 $6. 4 0531 07 Postmark Here 12/15/2015 Soj4 To 0 0- r q Tr& n17 a-4 AL417 Street & Apt. No., or PO Box No. 3 oE1 MIA n City, State, ZIP -i-4 5 PS Form 3800, July 2014 e gi See Reverse for Instructions U.S. Postal SerViCe— CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery intorMatiOn, visit our website at www.usps.coM\ CAROOMPLE4 CO 06 3 Po ,A4 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee $0. (Endorsement Required) Total Postage & Fees $6. Sent T9 h n° R ri1 • k- 1- Camn- ------- ------------------------------ -------------- 5 -- -------- bo-4Sdd-e- Uz3 State, ZIP+ -4 A See Reverse for instructions 0531 Postman( Here ) c1:1 CI 07 U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at iirivw.usps.com. ru r C3 12/15/2015 PS Form 3800. July 2014 ru D Return Receipt Fee (Endorsement Required) Restricted Dervery Fee C3 (Endorsement Required) ru ct3 Total Postage & Fees 1-1 Postage Certified Fee rl Sent To ------- - fi- - -------- ------- D ---- ----- S' ow mass e- 6 7 4, 13 -- See Revel se tor Instructions PS Form 3800, July 2014 PROJECT INFORMATION TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION ACRES ACCESS WATER/SANITATION ZONING COMPREHENSIVE PLAN Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment — MISA-11-15-8394 Amendment to Board of County Commissioners decision — Vagneur Minor Subdivision Amendment Wayne and Lois Vagneur Lois Vagneur .5 miles west of the Garfield/Eagle County border on the south side of Old Highway 82 22.65 -acres Flying Fish Road Well / Septic Rural Residential Low Density —10+ acres per du II. DESCRIPTION OF THE PROPOSAL The Board of County Commissioners (the Board) issued a conditional approval for a Minor Subdivision of 17 hNI Cerise Ranch / 1 Figure 1 - Vicinity the Vagneur Parcel on February 17, 2015, Resolution 2015-12, to allow subdivision of the parcel into three residential lots. The Applicant's request is to amend the prior approval which was proposed to provide water through a shared well. The Applicant now proposed to provide individual wells to serve the three lots. Documentation has been submitted regarding acquisition of well permits and augmentation for the two new wells. This request, if approved, will requires changes to the plat and the Covenants, as well as a change to the public improvements required by the subdivision. The Applicant is requesting that a determination be made by the Board regarding the sufficiency of the water supply without benefit of the wells being drilled and tested for water quantity and quality. The Board has the discretion to condition the approval on the drilling and testing of the wells, either through an Improvements Agreement or providing the well information prior to Board signature on the plat. Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment — MISA-11-15-8394 Due to weather and time constraints on completion of the improvement, the Applicant is requesting a time extension from the typical 90 -day allowance for completing the conditions of approval and the plat to 180 -days. Existing Features The property currently contains a single family home, agricultural uses and accessory structures. The Roaring Fork River, RFTA trail, the Basin Ditch and ditch laterals are all located within or adjacent to the property boundaries. Access to the site from Old Highway 82 is via Flying Fish Road, a private road that has been upgraded to meet the LUDC standards required in Section 7-107, Roadway Standards. The proposed Building Envelopes on Lots 1 and 3 are not proposed to change as they protect environmental resources such as the floodplain, riparian area, existing vegetation and an area of wetlands on Lot 1. All future improvements on these lots will be required to be located within the proposed building envelope. Standard setbacks will apply to Lot 2 which contains the existing single family home. III. ADJACENT USES/ZONING The Vagneur parcel is located west of the Garfield County/Eagle County border in the southeast portion of Garfield County. Residential densities and zoning is varied in this area and include Rural, Public Land, Residential Suburban and PUD zone districts. Parcels range in size from .31 -acres to north (Residential Suburban zoning), 4-11 acres to the east and west (Rural zoning), and public lands to the south. Uses are primarily agricultural residential in nature. IV. REFERRAL COMMENTS This application was referred to the Division of Water Resources and no comments have been received. Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment — MISA-11-15-8394 V. STAFF COMMENTS The Oxenberg Well #1, currently exists to serve the Vagneur single family home located on proposed Lot 2 as shown on the plat below. This well is permitted for in-house use only based upon Water Court Case No. 86CW111. Lots 1 and 3 have new well permits and augmentation through the Basalt Water Conservancy District as follows: Lot 1 - Well Permit #79394 Basalt Contract #661 Lot 3 - Well Permit #79381 Basalt Contract #662 WO If 611. VAGNEUR MINOR SUBDIVISION A PARCEL OF LAND SITUATED IN SECTION 32. T.7 S., R.87 W. OF THE 6TH P.M. COUNTY OF GARFIELD. STATE OF COLORADO as .hiS1, ISM I; r S : s-- /71=4•2*" Mat. VW \\ „ 9.36? Ac cnwfl xra ir..•_ 6.629 At..I LOT 3 6.459 Ac.t Figure 3 Proposed Revised Plat Specific conditions of approval from Resolution 2015-12 must be amended to allow for the individual wells on the proposed sites. The required conditions are listed below with strikethrough to indicate the conditions to be amended. Staff recommends the addition of a conditions that is highlighted in red: 1. All representations of the applicant within the application and public hearing shall be considered 3Is' al le Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment — MISA-11-15-8394 conditions of approval unless otherwise modified by the Board of County Commissioners. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer. 4. The Applicant has 90180 days within which to satisfy conditions of approval and provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees; b. Improvements Agreement, and associated collateral, as approved by the County Attorney's office; c. Executed Covenants, Condition and Restrictions, as approved by the County Attorney's office; d. e. Recording Fees for the plat and required documentation; and f. Water quantity testing, analysis and reports performed to a professional engineer or hydrologist, pursuant to Section 4-203 M. of the LUDC, sufficient to demonstrate that a sufficient physical water supply is available to serve the proposed lot. g. Water quality testing by an independent testing laboratory, pursuant to Section 4-203 M. of the LUDC, sufficient to demonstrate that the water quality meets the minimum Colorado Primary Drinking Water Standards or a sufficient treatment system is in place to assure compliance with the minimum standards. 5. Corrections to the plat as itemized in the staff review attached as Exhibit G. VI. APPLICABLE REGULATIONS The proposed amendment is a major modification and therefore requires demonstration of compliance with standards contained in Article 7 of the LUDC related to the provision of water. The original regulations related to minor subdivision apply to this proposed amendment. 5-301. MINOR SUBDIVISION REVIEW. C. Review Criteria. In considering a Minor Subdivision application, the application shall demonstrate the following: 1. It complies with the requirements of the applicable zone district and this Code. Staff Comment: The proposed amendment is consistent with the Rural Zone District requirements and the LUDC. 41 Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment — MISA-11-15-8394 2. It is in general conformance with the Comprehensive Plan. Staff Comment: The proposed amendment is in general conformance with the Comprehensive Plan. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Staff Comment: Zancanella and Associates has provided sufficient documentation regarding the legal right of the Applicant to utilize individual wells for the proposed parcels. This documentation includes the issued well permits and augmentation plans from the Basalt Water Conservancy District. A condition of approval is recommended to assure that the water supply is consistent with the LUDC standards, including a 4 -hour pump test to assure sufficient physical supply of water and water quality tests to determine that it meets the minimum safe water drinking standards. 4. Satisfactory evidence of adequate and legal access has been provided. Staff Comment: The proposed subdivision is accessed by Flying Fish Road, a private road located off of Old Highway 82. The Board has previously determined that sufficient legal access exists and required improvements to the physical access have been completed by the Applicant. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Staff Comment: Required easements have been created for on-site ditches and access. The existing 50' Source Gas easement will remain, however an existing 6" gas service line runs through the building envelope on Lot 3 thus requiring relocation of that line. The plat indicates utility easements that will accommodate this relocation. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. Staff Comment: The proposed amendment will not affect the provision of adequate sewage disposal as determined in the prior review. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. 51' Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment— MISA-11-15-8394 Staff Comment: The Applicant has proposed to limit the area of construction on the Tots to the area contained within proposed building envelopes. This protects any future structures from hazard areas such as floodplain and wetlands. This is not proposed to change from the original approval. 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. Staff Comment: The original approval of the minor subdivision anticipated public improvements related to the shared water system, access improvements, and relocation of the 6" service line for natural gas service. Since the original approval the Applicant has completed the widening of the driveway compliant with minimum County standards. The Applicant is now requesting that they be permitted to complete the improvements prior to Board signature on the final plat. This allowance would negate the need for an Improvements Agreement and the provision of collateral for the improvements. Due to the limited nature of the improvements required Staff believes this to be a reasonable request, however should the Board determine that an Improvements Agreement is necessary then a condition of approval should be added requiring completion of an Improvements Agreement and provision of sufficient collateral. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. Staff Comment: All taxes due as of the submittal date of the application were paid. 10. All fees, including road impact and school land dedication fees, shall be paid. Staff Comment: Road impact fees are not applicable to this property. The Applicant has proposed to provide a fee in -lieu of School Land Dedication and a condition of approval is recommended regarding submittal of the fee prior to Board signature on the final plat. 11. The Final Plat meets the requirements per section 5-402.F., Final Plat. Staff Comment: Staff has reviewed the proposed amended plat and provided several items that need to be addressed on the plat. Staff recommends a condition of approval to assure that these corrections are completed prior to Board signature. VII. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment— MISA-11-15-8394 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 meeting. 3. That for the above stated and other reasons, and upon compliance with conditions of approval, the request for an Amendment to the Minor Subdivision of the Vagneur Parcel 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 adopted conditions of approval, the application is in general conformance with Garfield County Comprehensive Plan 2030. 5. That, upon compliance with adopted conditions of approval, the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. VIII. BOCC CONSIDERATION AND DECISION Should the BOCC consider the proposed Amendment to the Minor Subdivision is in compliance with the LUDC requirements Staff suggests consideration of the following conditions of approval: 1. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer. 4. The Applicant has 180 days from the date of this approval to provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees and lienholders; b. Executed Covenants, Conditions and Restrictions approved by the County Attorney's office; c. Recording Fees for the plat and required documentation; d. Water quantity testing, analysis and reports For Lots 1 and 3, performed to a professional engineer or hydrologist pursuant to Section 4-203 M. of the LUDC, to demonstrate that a sufficient physical water supply is available to serve the proposed lots; and e. Water quality testing, for Lots 1 and 3, by an independent testing laboratory, pursuant to Section 4-203 M. of the LUDC, sufficient to demonstrate that the water quality meets the minimum Colorado Primary Drinking Water Standards or a sufficient treatment system is in place to assure compliance with the minimum standards. 5. Corrections to the plat as itemized in the staff review attached as Exhibit G. 71%.::,� Board of County Commissioners January 11, 2016 Vagneur Minor Subdivision Amendment — MISA-11-15-8394 Staff has provided a draft resolution, Exhibit H, for Board consideration based upon the Staff recommendations contained in this report. Should the Board approve the application we would request authorization for the Chairman to sign the resolution. Wage 12/18/2015 10:43 9705105344 k.U7 1,_:_o() --5v 7.4 /2 riOr71: L0 -le 9 7, - pfd -3-3 yy /6- 1 F2a,�� r PAGE 01 EXHIBIT i t:" 12/18/2015 10:43 9705105344 PAGE 0 2 Dear KathTht*y, you for your coneipondence regarding our application to amend the Vagnesor Minor &dodo:talon approval to mem for Individual wells on each attt*3 IotS and to wow* those conditions associated with a shooed well. We ame wore that the gelocatiosgagg. Noe to our - residence needs to *or let 3. Rather than ckalting a new - , vr.7! bbobbyembni with Garfield County to provide seonfiy for this ".• to triciaglIdeaEWMINLAhethe line to Plat for theRigr possible, please *m* this ou provision as a oanendonent bo the jundivisiOn As you are ware, in addition to the gas lkie we 1. 3 • we can Nat with ads:fate water bees for these •In order to carmine these web, tend the vating , _ ID the ~bur Knot -rr tram 3 mixes to 9 months. please__ ••• as part of your As OWNS, please call or etrail welt any discussion, and thank you again for your assistance. Be regards, Wayne and ink Vagneur December 29, 2015 Lois Vagneur 60 Flying Fish Road Carbondale, CO 81623 ImvagRcomcast.net Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 Reference: Vagneur Minor Subdivision Garfield County File Number MISA-11-15-8394 Dear Lois; Community Development has reviewed the documentation provided regarding the request to allow for individual water wells for the three lots rather than a shared water system. On the surface this appears to be a simple request however we have found that this change will result in other changes - to the Improvements Agreement, Covenants, Conditions and Restrictions, as well the timeframe for the plat to be completed. Upon review of the plat staff has determined that the following changes are required for compliance with the 2013 Land Use and Development Code, as amended (LUDC). Please forward these comments to your surveyor for correction to the plat. 1. The plat lists two Certificates of Mortgage Holder however the County does not have a certificate that matches what is on the plat — I have provided below the two possible lienholder consent certificates, you or your legal counsel will need to determine the proper one to use for your situation. Other Plat Certificates To Be Used, As Necessary Lienholder Consent, Subordination and Release as to Public Rights -of -Way (No Exception Needed in Title Certificate) as the Beneficiary under Deed(s) of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies 1 that the undersigned has reviewed the [Exemption] Plat and by this certification hereby joins in and consents to said Subdivision [Exemption] Plat and to the recording thereof. Beneficiary agrees that any foreclosure of said Deed(s) of Trust shall not adversely affect the existence and continued validity of the [Exemption] Plat, which shall run with the land and remain in full force and effect as if this [Exemption] Plat had been delivered and recorded prior to the recording of said Deed(s) of Trust. Without limiting the generality of the foregoing, the public right(s)-of-way depicted on the [Exemption] Plat are dedicated by the Owner(s) hereon, free and clear of any interest in the Beneficiary. Notwithstanding such consent and subordination and release as to public rights-of-way, said real property, other than the public right(s)-of- way dedicated hereon, shall continue to be encumbered by the Deed(s) of Trust unless released in accordance with law. EXECUTED this day of , A.D., 20_. Lienholder STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing Lienholder Consent, Subordination and Release as to Public Rights -of -Way was acknowledged before me this day of , A.D., 20_, by : ss My commission expires: Witness my hand and official seal. (SEAL) Notary Public Lienholder Consent and Subordination (Exception Needed in Title Certificate) The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification hereby consents to said [Exemption] Plat and to the recording thereof. Beneficiary further consents to said [Exemption] Plat as stated in the certificate of dedication and ownership executed by the Owner(s) hereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made. EXECUTED this day of , A.D., 20_. STATE OF COLORADO ) : ss COUNTY OF GARFIELD ) Lienholder 2 The foregoing Lienholder Consent and Subordination was acknowledged before me this day of , A.D., 20_, by My commission expires: Witness my hand and official seal. (SEAL) Notary Public 2. Please delete notes 10 and 25 as they are no longer applicable based upon your current request. Please contact me if you have any questions, these items for amendment on the plat will be added as recommended conditions of approval for the BOCC. Please provide me the public notice documents (proof of mailing) no later than mid-day on Monday January 4th. Thank you. Sincerely, Kathy Eastley, AICP Enclosure Cc: File 3 STATE OF COLORADO )ss County of Garfield EXHIBIT 1-1 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 1 of January A.D. 2016, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Kevin Batchelder , County Manager Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE VAGNEUR MINOR SUBDIVISION. THE AMEMDMENT ALLOWS FOR INDIVIDUAL WELLS, RATHER THAN A SHARED WELL, TO SERVE THREE LOTS ON A 22.65 -ACRE PARCEL OF LAND OWNED BY WAYNE AND LOIS VAGNEUR. THE SITE IS LOCATED AT 60 FLYING FISH LANE APPROXIMATELY 0.5 MILES WEST OF THE GARFIELD COUNTY/EAGLE COUNTY LINE ON THE SOUTH SIDE OF OLD HIGHWAY 82, GARFIELD COUNTY PARCEL NO# 2391-324-00-015 Recitals A. An application for an amendment to a conditionally approved Minor Subdivision application, Resolution 2015-12, was submitted for a property described in a Warranty Deed recorded at Reception Number 394389 in the office of the Garfield County Clerk and Recorder (the Vagneur Parcel). B. The Board of County Commissioners (the Board) is authorized to approve, deny or approve with conditions a Major Modification to an approved Minor Subdivision pursuant to the 2013 Land Use and Development Code, as amended (LUDC). LUDC. C. A public hearing was scheduled before the Board pursuant to Section 4-106 of the 1 D. The Board opened a public hearing on the 11th day of January, 2016 for consideration of whether to approve, approve with conditions or deny the request to amend the Minor Subdivision, based upon compliance of the proposal with the applicable standards and criteria required by the LUDC. The public and interested persons were given the opportunity to express their opinions regarding the request at this hearing. E. The Board closed the public hearing on the 11th day of January, 2016 to make a final decision. F. 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. 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. That for the above stated and other reasons, and upon compliance with conditions of approval, the request to amend the Minor Subdivision of the Vagneur Parcel 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 adopted conditions of approval, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, upon compliance with adopted conditions of approval, the application has adequately met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. 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. This approval supersedes and replaces the prior approval granted by Resolution 2015-21 in its entirety. C. The Minor Subdivision of the Vagneur Parcel and Amendment to the Minor. Subdivision 2 of the Vagneur Parcel is hereby approved subject to compliance with the following conditions: 1. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer. 4. The Applicant has 180 days from the date of this approval to provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees and lienholders; b. Executed Covenants, Conditions and Restrictions approved by the County Attorney's office; c. Recording Fees for the plat and required documentation; }}�� d. Water quantity testing, analysis and reports For Lots 1 and 3, performed tea professional engineer or hydrologist pursuant to Section 4-203 M. of the LUDC, to demonstrate that a sufficient physical water supply is available to serve the proposed lots; and e. Water quality testing, for Lots 1 and 3, by an independent testing laboratory, pursuant to Section 4-203 M. of the LUDC, sufficient to demonstrate that the water quality meets the minimum Colorado Primary Drinking Water Standards or a sufficient treatment system is in place to assure compliance with the minimum standards. f. Corrections to the plat as itemized in the staff review attached as Exhibit G. Dated this day of , A.D. 20 -k 5S(C5/C� 3 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye/Nay , Aye/Nay , Aye/Nay 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 4