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Home My WebLink About5.0 Resolution 2019-33HL llt! lU,l4U lllf ll t I h llf il,tll llr llrt ll'ltlr t+l I I ll I eotlon*:921439 l1't2@19 @4:17:59 Pl'l Jean Alberlcoi a-R;; Fcc:$0.@0 Doc Fea:@.00 GARFIELD C0INTY C0 srATE OF COLORADO ) )ss County of Garlield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colotado, held in the Commissioners'Meeting Room, Garheld County Administration Building in Gleuwood Spings on Tuesday, the 28e day of May A.D. 2019, there were present: -Tohn Martin Mike Samson TomJankovskv - , Tari Williams , - Commissioner Chairman Commissioner (Absent) Commissioner County Attorney (Absent) Kellv Cave , Assistant County Attorney Jean Alberico . Clerk of the Board KevinBatchelder County Manager when the followingproceedings, among others were had and done, to-wit: REsoLUrroN No. 'l C l1-4 A RESOLUTION OF APPROVAL FORA RI]RAL LAI\ID DEYELOPMENT EXEMPTTON APPLICATION ELDE-02-19-8711), ON A 196.99-ACRE PARCEL OF LAI\D OWNED BY SARAIT MCNT]LTY, LOCATED APPROXIMA'TELY 6.5 MILES NORTHEAST Or TrrE TOWII OF CARBONDALE,IN THE htw 1/4 SECTTON 4 Atru) TrrE NE 1/4 SECTTON 5, TO\ilNSHIP 7 SOUTrr, RANGE 87 WEST, TIm SE U4 SECTION 32 AI{D TIrE SW 1/4 SECTION 33, TOWI{SHIP 6 SOUTH, RANGE 87 wEsT, o['TIrE 6rH PRTNCIPAL MERTDIAN, COUNTy OF GARFIELD, STATE OF COLORADO PARCEL NUMBER: 2 I 8g-3 3 3-00-03 7 Recitals A. Sarah McNulty petitioned the Board of County Commissioners of Garfield County, Colorado, for approval of a Rural Land Development Exemption in accordance with Section 5- 203 of the Garfield County Land Use and Development Code of 2013, as amended. The request is to approve the creation of Lot 1, atl0.03-acre site for single-family development while Lot 2, the remainder of the property, *186.96 acres or 95% of the property, is subject to a perpetual conservationeasement to preserve the agricultural and open space character of the area. A two- acre building envelope is allowed within the conservation easement on Lot 2. B. The property is generally located in Sections 32 and 33, Township 6 South, Range 87 llII trrr [11i] [t Iffi Hlilyft hJll l"U I ilt' lrl,1 I }hITi' ll ll I Fiil'61$ifl !i ; ffi 38" "'FaE, t 1 E E' tEF,, ELD c.uNTy co West and Sections 4 and 5, Township 7 South, Range 87 West ofthe 6th P.M., Countyof Garfield, State of Colorado, and further described in attached Exhibit A. C. The property is subject to Deeds of Conservation Easement described in documents recorded at Reception Numbers 770157 and 859596 in the office ofthe Garfield County Clerk and Recorder D. The property is located within the Rural zone district and is also located in an area designated as Residential Low by the Garfield Couoty Comprehensive Plan 2CI30. E. The Board is authorized to approve, deny, or approve with conditions a Rural Land Development Exemption pursuant to Section 5-203 of the Garfield County Land Use and Development Code of 2013, as amended. F. The Board of County Commissioners opened a public hearing on the 28n day of May, 2019, upon the question of whether the above-described application should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the amendment. G. The Board of County Commissioners closed the public hearing on the 28h day of May, 20L9, to make a final decision on the applieation. H. 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 Comrnissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that ali interested parties were heard at that meeting. 3. That for the above stated and other reasons the request for a Rurai Land Development Exemption is in the best interest of the health, safety, convenience, otrder, prosperity and welfare of the citizens of Garfield County. 4. That subject to compliance with conditions of approval, the application is in general conformance with the Garfield County Comprehensive Plan 2030. 5. That subject to compliance with conditions of approval, and waivers from Articles 7-104 Provision of Water, 7-106 Utilities and 7-107 Roadway Standards including widtlq cross section and slopg the application has met the requirements of the Garfield County land Use and Development Code, as amended. lill ilrrrlil[ li ll ]ilti I Utr. llil' I d TF1 I I il& Mr lll, hITl I I ll I leceot ionH; 921439 6t 11't2@19 04: 17:59 PII Jaan Hlberlooof I Rec Fsgrl30,00 Doc F6e:0.00 GARFIELD C0UNTY C0 RESOLUTION NOW THEREBORE, 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 Rural Land Development Exemption Application on a herein described +196.99-acre parcel to create Lot l, a +10,03-acre lot and Lot 2, a *186.96-acre parcel subject to a perpetual conservation easement, is hereby approved subject to compliance with the following conditions: Conditioqs P-tior to Final Plat Approval 1. The Applicant shatl satisfy all applicable conditions of approval and submit a plat for recording within 90 days of approval, unless extensions are granted, subject to the following conditions and edits: a. A plat Mylar with signed Certifrcates that include Dedication and Ownership, Title, Taxes, Surveyor, and any lienholders. b. Recording Fees. c. The following amendments shall be made to the plat prior to obtaining signatures on the plat. This updated plat shall be provided to, reviewed and accepted by the Community Development Department and the County Attomey's Office prior to creating a Mylar copy of the plat and obtaining any signatures. Additional changes or modifications may be required by this additional review. l. The plat shall include the name and address of mineral owners of record. 2- Ali color shall be removed from the plat. 3. Reference to the conservation easement and 2-acre building envelope allowed by the easement shall be added below the Lot 2 label on page 2 of the plat. 4. Bolder lines to more clearly delineate lot boundaries on the plat shall be incorporated. 5. All plat certificates shall match standard certificate format from Section 3- 02.E of the County Resource Guide. 6. The plat note referencing the conservation easement on Lot 2 shall be revised to also reference the existing 2-acre building envelope allowed by the easement. 7. The following plat note shall be added: Lots I and 2 are proposed to be off I I trrr l',1lll fl 111 \ ffi IIU tl'l'l['Irlrl] [ rlrll J ht{'l t I ll I rceptlonf : 92ltl39 I lr3'BH P!; i3a?Br'B""JF3!, BI8B'*EEFTELD couNry c0 the grid development, served by a) on site wells; b) onsite waste water disposal systems; c) the option af solar energ/ systems; d) the option of propane or other acceptable fuel source not reguiring extension of utility lines; and e) wireless telephone/internet service. Detailed plans, docaments and/or specitications for utility systems shull be required at the time of building permit. 8. The following plat note shall be added: No building permit shall be issued for Lot 2 until such time ss the current owner or Building Permit Applicant shall submit documentation af thefollowing: A. Demonstration of compliance with the Cowewation Easementwith AYLT (recorded at Reception Nos. 859596 & 770157) including but not limited to recarding of a legal description and associated mappingfor the building site and disturbance envelope; B. Legal water source for the lot pursuant to a well permit issued by the Division of Water Resources, evidence of a 4-hour pump test on the well and awater quality test in compliance with the County Land Use and Development Code, both documenting the adequacy of the well to serve the lot; C. Provision of the alignment, engineered plaw, any necessary easements and County Access Permits for the access driveway to serve the building site, which driveway shall meet the standards contained in Section 7-107 or swaiver may requested in accordance with the provisions of the County Land Use and Development Code; D. Demonstlalion of compliance with Fire District requirements for the access driveway. E. Payment of any required road impact fees as per Section 7-405 of the County Land Use and Development Code. 9, The following plat note shall be added: On-site water storage/pumping facilities for the well on Lot I is required with designs provided at time of building permit. 10. The following plat note shall be added: Engineered on-site wastewater treatment systems are requiredfor Lots I and 2 at time of building permit. 11. The following plat note shall be added: Site-specific grading and drainage plan are requiredfor Lots I and 2 at time of building permit. 12. The following plat note shall be added: A geotechnical investtgation shall be required for both lots prior to building permit. The investigalion shall address referral comments from Colorado Geological Survey including: A. Structures should be located such that grading requirements and the needfor retainingwalls are minimized; B. A qualilied geotechnicol professional should determine mmimum all ow abl e temparary and permanent cutffill heights and sl ope angles; lllhiifhfl HhlNl] ltil/l {fH tlllltfd' lrl trt+l' ll tt I 3i,6lf;'lf ?L if, :ffiBB."'ffi !, e : BE"aBF r r Er-o cou'ry co C. Dr ivew ay r e taining walls, b uilding foundalions, and upsl op e walls that willfunction as retainingwalls must be designed by a quali/ied geotechnical or civil engineer and must include odequate behind' wall drainage; D. Existing vegetative cover should be lefi intact to the extent posstble, and every effort should be made to restore native vegetationwithin disturbed areas as quickly as possible. Irrigation beyond the bare minimum required to reestablish native vegetation should not be permitted. 13. The following plat note shall be added: Property awners should consult the State Forest Service Fire Wise Construction recommendations or subsequent publicationsforfuture construction and landscaping on the site. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of awildlandfire. 14. The following plat note shall be added: Development on Lots I and 2 is prohibited in areas with 30% slope. Provision of topographic mappingfor the proposed building site an each lot shall also be required at the time of building permit demonstrating that the developmenl will not be located in any areawith slopes greater lhan 30%a 15. The following plat note shall be added: The property owner shall address wildli{e compatibility by requiring use of bear-proof trash containers or storing trash in a secured building or garage. 16. A plat note shall be added that all easements and encumbrances in the updated title commitment are referenced on the plat. The new title commitment number should be referenced. 17. The following plat notes as described in Section 3-01 of the Garfreld County Resource Guide shall be added: A. Noxious Weeds B. Open Hearth Solid-Fuel Fireplaces C. Exterior Lighting D. Maintenance of Fences, Rural Living, Etc. H. Domestic Dogs I. Wildlife-Friendly Fencing 2. Prior to the BOCC signature on the Plat, the Applicant shall re-permit the weil on the proposed Lot 1 (PermitNo. 300237) as per Division of Water Resources referral comments (Exhibit 8). 3. Prior to BOCC signature on the Plat, the ingress/egress and utility easement document for Lot I shall be provided to the County Attorney's office for final review and approval. 4. Prior to the BOCC signature on the Plat, the Applicant shall pay applicable development impact fees required by Carbondale and Rural Fire Protection District, as per Referral ILrhH q lfii lF4Jiil:.LlTt tmtt trtl*ihi't h]' r ll I rotion$: 921439 '-A'gj3 Fl:l 36?3.'B*'ti!, tlBE"[EF',.l, couNTy co Comments (Exhibit 11). 5. Prior to the BOCC signature on the plat the Applicant shall pay applicable school land dedication fees as required by Section 7-4A4 of the Land Use and Developrnent Code. Other Conditions 6. AII representations of the Applicant within the application are considered conditions of approval unless otherwise modified by the Board of County Commissioners. 7. Property owners shall comply with the any issued Colorado Division of Water Resources well permit. 8. The Applicant shall comply with all requirements of Garfield County Road and Bridge driveway permits. 9- Testing for radon is recommended for any new construction. aJ,r."r-, A.D. 20 11 ATTEST:GARFIELD COLINTY BOARD OF _4L Dated this lO - . day of aif,)f.'.P'9"?. o f4t.' '.h i sm,eg, !ta.a q66fi5* I Iil rrn IH{,ffi F lJllllLlilLf.lh{&l *rhlhh}' lt ll I lil"g'B 1: ?i ril'a'i "' 8."' F:8, t I E 3" lBfi r r euo c ouNrY co Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN T. MARTIN , AYC COMMISSIONER MIKE SAMSON , Absent COMMISSIONER TOM JA]TIKOVSKY , Aye STATE OF COLORADO ) )ss County of Garfield ) 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 arurexed 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 urrnnn* ni m ui'xril tffthHL'#hl Il ll I ill6r"gil, i*';4;:*"", F il, e I hE lBff ,, er-o corrN?y co EXHIBIT A: LEGAL I,ESCRIPTION A TRACT OF LA}ID SITUATED IN THE NW 1/4 SECTION 4 A}ID TI{E NE I/4 SECTION 5, TOWNSHIP 7 SOUTT{, RA}TGE 87 WEST, TI{E SE 1/4 SECTION 32 A}.ID THE SW 1/4 SECTION 33, TOWNSHIP 6 SOUTH, RANGE 87 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COL}NTY OF GARFIELD, STATE OF COLORADO