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HomeMy WebLinkAbout5.0 Resolution 2005-031111111 11111 1111111 1111 11111 1111 01111111 1111111111111 666543 01/07/2005 12:07P B1654 P63 M RLSDORF 1 of 3 R 0.00 D 0.00 GRRFIELD 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 Courthouse, in Glenwood Springs on Monday, the 3rd day of January, 2005, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-0 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR DAVID HICKS/PCI, LLLP. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from DAVID HICKS/PCI, LLLP concerned with a Special Use Permit to allow for a two-family dwelling, and WHEREAS, the Board held a public hearing on August 5, 2002 and continued said hearing to December 2, 2002, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board approved the Special Use Permit for a two-family dwelling and authorized staff to draft a resolution of approval containing all conditions of approval; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law 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 1111111 1111►III[' "1111111111111111 i►I► 1111 666543 01/07/2005 12:07P 61654 P64 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens ofGarfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for a two-family dwelling, upon the following specific conditions: 1. All representations of the applicant in the application and during the public hearing shall be considered conditions of approval unless modified by the County Commissioners. 2. Prior to the issuance of the SUP, the following conditions shall be met: a) A water sharing agreement needs to be drawn up between the Hicks and PCI LLLP that describes the rights of the 35 acre tract with the two-family dwelling, to receive water from the Town of Carbondale waterline, in an amount not less that 700 gpd and a quality consistent with the CDPHE community water supply water quality standards. A copy of the recorded agreement shall be presented to the Planning Department. b) A legally described water line easement will be described between the waterline coming off of the Town of Carbondale waterline and the 35 acre tract on which the two-family dwelling is located and it will be recorded in the Garfield County Clerk and Recorders office. Also incorporated into the agreement by reference will be the Water Service and Pipeline Easement Agreement with the Town of Carbondale. A copy of the recorded easement shall be presented to the County Planning Department. 3. The dwelling units in the two-family dwelling shall not be conveyed separately, unless a subsequent approval of the subdivision of the structure is approved by the Board of County Commissioners as a result of complying with the applicable subdivision regulations. 4. This permit is approved based on the legal and physical supply of domestic water to the two-family dwelling being from the Town of Carbondale water supply. If the water supply for the property is converted to an on-site well at a future date, the owner of the property will submit the following information and meeting the criteria noted, to the Planning Department for review and approval, prior to disconnecting the two-family dwelling from the Town of Carbondale supply: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; d) Ad assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; e) If the well is to be shared, a legal, well sharing agreement, which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. 5. Once the Board makes a decision regarding this Special Use Request, staff will provide the applicant with 1111111111111111111 11111111r- '1111111111111111111111111 666543 01/07/2005 12; 07P B1654 P65 N RLSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO a signed Resolution memorializing the action taken by the Board following the Board's approval, this office will issue a Special Use Permit to the applicant and the Board's approval includes specific conditions of approval to be met. This office will not issue the official Special Use Permit Certificate until the applicant has satisfied all conditions of approval. And the Special Use Permit approval is not finalized until the office has issued the official Special Use Permit Certificate signed by the Chairman of the Board of County Commissioners." Dated this 3rd day of January ATTEST: , A.D. 2005 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution John Martin Larry McCown Tresi Houpt g vote: Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) 1, , 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. 2005. County Clerk and ex -officio Clerk of the Board of County Commissioners