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Home My WebLink About3.0 Resolution 2020-25�f�r:VAIM.HIM 1FUMMIhiMR 11111 Reception#: 93607 06/01/2020 02:25:45 PM Joan Rlberioo 1 of 5 Rec 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 18a' day of May A.D. 2020, 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. 1= - 25 A RESOLUTION OF APPROVAL FOR A BASIC CORRECTION EXEMPTION ON A PROPERTY OWNED BY THE CARBONDALE & RURAL FIRE PROTECTION DISTRICT, LOCATED APPROXIMATELY 2.5 MILES SOUTHEAST OF THE CITY OF GLENWOOD SPRINGS, AT 5449 COUNTY ROAD 154, GLENWOOD SPRINGS CO, 81601, IN SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NUMBER 2395-014-00-136 Recitals A. The Board of County Commissioners ("Board") received an application for a Basic Correction Exemption ("Application"), known as File No. BCEA-02-20-8774. The property is located in Section 1, Township 7 South, Range 89 West of the sixth P.M., Garfield County. B. The Application requested a Basic Correction Exemption, known as the Carbondale & Rural Fire District Exemption, to recognize an existing 0.84 acre lot, owned by the Applicant and provided documentation of extraordinary and exceptional special circumstances or conditions unique to the Applicant's property and that the special circumstances and conditions have not . directly resulted from any act of the Applicants. mill Reception#: 936107 06/01!2020 02:25:45 PM Jean A1berico 2 of 5 Rec Fee:$0.00 boc Fee:0,00 GARFIELD COUNTY CO C. The property is legally described in Exhibit A. D. The subject property is located within unincorporated Garfield County in the Commercial/Limited zone district, approximately 2.5 miles southeast of the City of Glenwood Springs, at 5449 County Road 154. E. The Board is authorized to approve, deny or approve with conditions an Application for a Basic Correction Exemption, pursuant to the provisions contained in the Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 18th day of May, 2020 for consideration of whether the proposed Basic Correction Exemption should be approved or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board closed the public hearing on the 18th day of May, 2020 to make a final decision. G. 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 that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Basic Correction Exemption application by Carbondale & Rural Fire Protection District 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 adoptions of conditions and granting of waivers from Roadway Standards in Table 7-I07, for Roadway Design Standards the application has adequately met the requirements of the Garfield County Land Use and Development Code and Review Criteria in Section 5-204(C) for a Basic Correction Exemption. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 mill kpdr,1171 1WIVI11%WIClW:IVA,EIilb, 1E111 Reception#: 936107 06l0i/2020 02:25:45 PM Jean Alberico 3 of 5 Rem Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Carbondale & Rural Fire Protection District is hereby approved subject to compliance with the following conditions of approval. 1. All representations of the applicant within the application shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. The Applicant has 90 days within which to satisfy applicable conditions of approval and provide the following documentation for BOCC signature and recordation provided extensions may be granted pursuant to the Land Use and Development Code: a. A plat mylar with applicable executed certificates. b. 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 Attorney's Office prior to creating a Mylar copy of the plat and obtaining any signatures. Additional changes, updates, or modifications to the following items may be required by this final review. o The applicant shall update the following Plat Certificates as needed to reflect the approved language in the Garfield County Resource Guide: Certificate of Dedication and Ownership. o The Surveyor's Certificate shall be updated to remove the reference to an Amended Final Plat. o The applicant shall include plat notes regarding Noxious Weeds, Open Hearth Solid - Fuel Fireplaces, Exterior Lighting, and Mineral Rights from the Garfield County Resource Guide. o The setback lines shall be removed from the plat. o Only the first two pages of the proposed plat shall be recorded. o The applicant should confirm that the sewer easement is being dedicated to MHCO H Lazy F of Glenwood Springs LLC. The note shall be separate from the Certificate of Dedication and Ownership. o The applicant shall include a plat note that states, "Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are an ongoing concern in this area. Owners, and potential purchasers should he advised of sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole. " o The applicant shall include a plate note that states, "If future development projects propose an additional access onto the private road, the applicant shall provide a stamped letter from a professional engineer indicating that the location and design of 3 mill FdraMM& M VA, OWN a VW -U 11111 Reception#: 836107 06!01!2020 02:25:45 PM Jean Alberico 4 of 5 Rec Fse:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO the proposed access is safe and adequate. The letter shall be submitted prior to the issuance of a Building Permit. " Dated this i day of A.D. 20 Zb ATTEST: �; .. •..�� of the Board Upon motion duly made at following vote: GARFIELD COUNTY BOARD OF COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO ) )ss County of Garfield ) by the 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 miff Krdr,11Mmy A K;wl&cljNW, MiK�& 11111 Recept i ort# : 936107 06/01/2020 02:25:45 PM Jean Alberico 5 of 5 Rae Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION (Pg. 1 of 1) From Warranty Deed Recorded at Reception No. 434928 A parcel of land situated in Government Lot 21 of Section 1, Township 7 South, Range 89 West of the 6th Principal Meridian, lying easterly of the Easterly right-of-way line of the Glenwood Ditch, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the Easterly right-of-way line of said Glenwood Ditch whence an iron post with a brass cap found in place for the Northeast Corner of Lot 20 of said Section 1 bears N 55'4111911 E 1161.83 feet; thence leaving said Easterly line on a course bearing South for 220.37 feet; thence West 317.97 feet to a point on the Easterly right-of-way line of said Glenwood Ditch; thence along said Easterly right-of-way line on the following courses: N 52'1614611 E 158.09 feet; thence N 57'16107" E 213.85 feet; thence N 58022127f1 E 15.31 feet to the point of beginning, containing 0.841 acre more or less.