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Home My WebLink About5.0 Resolution 2016-051111 11 HI i 1 Reception# : 872435 01/12/2016 04:07:44 PM Jean Alberico 1 of 4 Roc 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 11th of January A.D. 2016, there were present: John Martin Mike Samson Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager , County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 0?O/6.-- 05- A 5 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 1111IVOli111IVO®111! Reception#: 872435 01/12/2016 04:07:44 PM Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO D. The Board opened a public hearing on the 11�' 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 LDDC. 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 20I3 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 111111,1r.rlVIEll RI, I1IekL1i11i',D,11.Mla'h:ri,viliiiii, 11 11 1 Reception## : 872435 01/1212016 04:07:44 PM Jean Rlberico 3 of 4 Reo Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO 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 by 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 LDDC, 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. J r1 -L Dated this C ` day of , A.D. 20 (h _ . 3 ■Ill 1�ir��;�� ;�r:� �� 1 f�IY�;>rl �1If��i �F�� '��I�.tik�� ®I i 1 Reception#: 872435 01/12/2016 04:07:44 PM Jean Riberico 4 of 4 Rec. Fee:$0.00 Doc Fee:0 CO GARFIELD COUNTY CO ATTEST: rk of the Board GARFIELIne UNTY BOARD OF OMMISShONERR TY, OLORAD GARFIELD Chairma Upon motion duly made and seconded the fo 'egoing Resoluti • n w.. adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO County of Garfield } )ss } ay ay ay 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 Conunissioners 4