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Home My WebLink About3.0 Resolution 2020-52oil] NP11111 MA WAIWIFAAM Mid 11 IN Recep"On#: 945176 11nf072Reo Fea�$0000Ppoc,Fee:0ean 1�0rGRRFIELD 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 19a` day of October A.D. 2020, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky Commissioner Kevin Batchelder _, County Manager Tari Williams (absent) , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico (absent) , CIerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 A RESOLUTION OF APPROVAL FOR A MINOR SUBDIVISION, KNOWN AS THE CERISE MINOR SUBDIVISION, ON AN APPROXIMATELY 16.461-ACRE PROPERTY OWNED BY DENNIS AND PATRICIA CERISE LOCATED APPROXIMATELY 4.5 MILE EAST OF THE TOWN OF CARBONDALE AT 16724 HIGHWAY 82 IN SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO #2391-322-00-046 Recitals A. An application for a Minor Subdivision, ("Application") was submitted to the Garfield County Community Development Department (File No. MISA-07-20-8800). The Director of the Community Development Department referred the request up to the Board of County Commissioners ("Board") for their consideration. The property is located in Section 32, Township 7 South, Range 88 West of the sixth P.M., Garfield County. B. The Application requested a Minor Subdivision, also known as the Cerise Minor Subdivision, to subdivide a 16.461-acre parcel into three lots approximately 4.54 acres, 6.004 acres, and 6.003 acres in size. el mill mill I Reception#: 945176 11/10/2020 04:06:06 PM Jean Alberico 2 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO C. The property is owned by Dennis and Patricia Cerise and is described in a Quitclaim Deed Recorded at Reception No. 908339 and further described in Exhibit "A" legal description. D. The subject property is located within unincorporated Garfield County in the Rural Zone District, approximately 4.5 miles east of the Town of Carbondale at 16724 Highway 82, Carbondale, CO 81623. E. The Board is authorized to approve, deny or approve with conditions an Application for a Minor Subdivision, referred to the Board by the Director of Community Development 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 19a' day of October, 2020 for consideration of whether the proposed Minor Subdivision, 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 19`h day of October 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 reasons stated herein, 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, granting of waivers from Section 7-107 for length of dead-end streets, and findings that the connection to central water and wastewater is neither practical nor feasible, and that the provision of underground utilities is impractical or not feasible and will result in undue hardship, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 Reception#: 945176 11l1012020 04;06;06 PM Jean Alberloa 3 of 7 Rao Fee:$0.00 Dom Fee;0.00 GARFIELD COUNTY CO 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 Cerise Minor Subdivision, is hereby approved subject to compliance with the following conditions of approval. The Applicant has 90 days within which to satisfy applicable 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 lienholders. 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 County Surveyor, Community Development Department, and the County Attorney'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. The Applicant shall update the County Commissioners Certificate to indicate that the BOCC made the decision on the application. The plat shall be updated to include County approved plat notes regarding Noxious Weeds, Open Hearth Fire Places, and CPW fencing requirements. A Plat Note shall be added regarding Colorado Geological Survey requirements stating: A site -specific geotechnical investigation shall be completedprior to the issuance ofa buildingpermit. The investigation shall he undertaken to characterize soil and bedrock engineering properties such as density, strength, swell/consolidation potential, groundwater depths and depths to bedrock, to evaluate subsidence potential, to determine the need for and depth of any required suhexcavation or other subgrade preparation, and for use in design of foundations, floor slabs, surface and subsurface drainage, and pavements. Engineered foundations may he required based on this review. A Plat Note shall be added as follows: "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 be 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 ■I[[ ��1�'!�� f�la',G��G�b II�IrF;�ft�rSF��'tCl�i��4�k �I II Reception#: 945176 11110l2020 04:06:06 PM Jean Alberloo 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO sinkhole. " ■ Any easements required for the extension of electric infrastructure on the property shall be shown on the plat. The width of the easement shall be acceptable to the utility provider. c. Recording Fees. 2. Prior to the BOCC signature on the Plat, the applicant shall install or upgrade all required infrastructure to serve the lots for the Subdivision, including access roads, the shared well, and electrical service infrastructure. Once complete, the applicant shall provide a letter from a Professional Engineer and applicable utility provider confirming that all infrastructure has been installed to Garfield County and/or utility standards. a. Electric infrastructure associated with this Minor Subdivision shall be permitted to be above ground. b. The application did not show the improvement plans for the driveway on the adjacent property besides expanding the width. The applicant shall provide documentation from a Professional Engineer that any upgrades in this area meet County requirements and are fully located within the easement or on the applicant's property. 3. Prior to the BOCC signature on the Plat, the applicant shall provide evidence to the County that a legal and adequate water supply has been developed to serve Lots 1, 2 & 3 including well permits, 4-hour pump test reports, water quality reports and a well sharing agreement for Lots 2 and 3. If the pump test reports or water quality reports do not meet Garfield County requirements as outlined in Section 4-203 (M) of the LUDC, the applicant shall provide documentation from a qualified professional indicating how the water supply can be brought into compliance. Additional testing or installation of infrastructure may be required based on this documentation. a. Based on the Division of Water Resources referral letter (Exhibit I4) the applicant shall restrict the use of the well on Lot 1 to one property within the subdivision using a County approved plat note, or re -permit the well pursuant to Division of Water Resources requirements. b. The applicant also has the option to connect to Mid Valley Metro District for water service. 4. Prior to the BOCC signature on the plat the Applicant shall pay applicable school land dedication fees pursuant to Section 7-404 of the Land Use and Development Code. 5. Prior to the BOCC signature on the plat, the Applicant shall pay applicable Carbondale & 4 mill��'�Q��ti� Reception#: S45176 11/10/2020 04:06:06 PM Jean R16erlco 5 of 7 Rec Fee:$0.00 Doc Fee :0.00 GARFIELD COUNTY CO Rural Fire District impact fees. 6. Prior to the BOCC signature on the plat, the Applicant shall provide maintenance and sharing agreements for the shared OWTS, the shared access driveway, and the shared well. These agreements shall be reviewed and accepted by the Community Development Department and the County Attorney's Office. a. The applicant also has the option to connect to Mid Valley Metro District for sewer service. 7. Prior to the BOCC signature on the plat, the Applicant shall provide an inventory and/or map for noxious weeds on the property. The Applicant shall also provide a weed management plan that is approved by the Garfield County Vegetation Management Department. 8. Prior to the BOCC signature on the plat, the Applicant shall provide authorization from ditch company owners that allow for the construction of a crossing across the irrigation ditch for the access road. Other Conditions 9. All representations of the applicant within the application are considered conditions of approval unless otherwise modified by the Board of County Commissioners. +L Dated this day of N o R/ e m w -e✓ , A.D. 20 .1y ATTEST: of the Board GARFIELD COUNTY BOARD OF CO MIS LONERS, GARFIELD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: 5 ■Ill �lr�lU��Lh'�l�i��i+��ha�4f��htK'�1iN>�`IY�h �llll Recpn1l4;0964517P6 0061111ti2M Jean Alberlco 6 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON Aye COMMISSIONER TOM JANKOVSKY _ , Aye 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 Bill VrATIAS',Ol~C414111W AWrlYNT14Y44 11111 Reception#: 945176 lit, 2020 041D6:06 PM Jean Alberlco 7 of 7 Rem Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A parcel of land situated in Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land being more particularly described as follows: Commencing at the Notch Quarter comer of Section 32, a stone found in place; thence S 01*41' 13" W 693.34 feet to a point on the North -South centerline of said Section, also being the Westerly boundary of Cerise Ranch Subdivision, the Point of Beginning; thence S 01 *4I' 13" W along said North -South centerline 1093.06 feet to a point on the Northerly right-of-way line of State Highway No. 82; thence N 78056' 10" W along said Northerly right-of-way Iine 682.89 feet; thence leaving said Northerly right-of-way line N 02049,32" E 1066.52 feet; thence S 80056104" E 658.02 feet to the Point of Beginning; said parcel of land containing 16.461 acres, more or less. County of Garfield, State of Colorado Also known by street address as 16724 Highway 82, Carbondale, Colorado 81623