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HomeMy WebLinkAboutResolution 2015-19STATE 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 6m day of April A.O. 2015, there were present: ::...:Jo=hn=-=-M=art=in=--------------• Commissioner Chairman :.::.M=ik=e"'"'S .... am=s=o=n ____________ , Commissioner ~T=om~J=an...,k=o"""'vs=ky::.L-__________ _,. Commissioner =-Frank==H=u=tfl=es=s ____________ _,. County Attorney ::.:.K~el:;.:,ly._C=av;..;:e'--------------• Assistant County Attorney ::...:Je=an=-=-Al=b=e=ri=co""--------------'' Clerk of the Board .... An=dre=w.....::G=o=rQ,;ge"""y ____________ , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO$/£F-/? A RESOLUTION OF APPROVAL FOR A :MINOR SUBDIVISION (MODIFYING A DIRECTOR'S DECISION) ON A 66.12 ACRE PROPERTY LOCATED APPROXIMATELY 41h MILES NORTHEAST OF THE TOWN OF CARBONDALE OFF OF COUNTY ROADS 103 AND 105 ON PROPERTY OWNED BY THE CLIFFORD CERISE RANCH COMPANY LLLP IN SECTION 24, TOWNSIUP 7 SOUTH, RANGE 88 WFST OF THE 6m P.M., GARFIELD COUNTY PARCEL NO# 2393-241-00-261 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for call-up by the applicant, the Clifford Cerise Ranch Company LLLP, of a Director's Decision approving the Clifford Cerise Upper Ranch Minor Subdivision. The call up requested modification to Condition No. 6 of the Director's Decision Letter dated February 6, 2015, related to the timing for providing documentation associated with the water supply plans for proposed Lots 1 and 3. (File No. MISA-8047) B. The Clifford Cerise Upper Ranch Minor Subdivision is located on a 66.12 acre property owned by the Clifford Cerise Ranch Company LLLP and more particularly described as Tract B on the Cerise Subdivision Exemption Plat recorded at Reception No. 359462 in the records of the Garfield County Clerk and Recorder (Property). 1 111111Jr .. ~~1f:t1r t Mll. llh'~ 1u•.~·~'~ ~ cr,,~1~ '' ~~ ttJ. 11111 Receptlon#: 081759 04/21/2915 04 :19 :51 Pn Jean Alberico 2 or 8 Rao Fee:$0.CG Doo Fee:0.00 GA~IEl..D COUNTY Cl> C. The Property is located within unincorporated Garfield County in the Rural zone district, and approximately 4Y2 miles northeast of the Town of Carbondale, off of County Roads 103and105. D. A Minor Subdivision may be permitted pursuant to the Land Use and Development Code, as amended (Code) subject to the Administrative Review process and compliance with Approval Criteria contained in Section 5-301(C}. E. The call up request was submitted and reviewed pursuant to Section 4-112 of the Code . . F. The Board is authorized to approve, deny, or approve with conditions a request for reconsideration of a Director's Decision for Administrative Approval of a Minor Subdivision pursuant to the call up provisions of the Code, including requests to modify conditions of approval in the Director's Decision. 0 . The Board opened a public hearing on the 6"' day of April, 2015, for consideration of whether the proposed modification to the Director's Decision should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board closed the public hearing on the 6th day of April, 2015, to make its final decision. L 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 bearing before the Board of County Conunissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons 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. S. That with the adoption of conditions and granting of a waiver from the requirement for engineered improvements plans, the application has adequately met the 2 lllf WJ~ .. R~'aiLUMM'' ~~fi'lA "',"9JIK1Jll,1,p,n1~ ivA 1111 I ReeeptJon#: 8617~9 84/2112015 Q4:t8:51 Pn J•~ Alberico or e Reo Fee:S0.00 Doc F••:O.Gle GARFIELD CCMJNTY co requirements of the Garfield County Land Use and Development Code. as amended, including Section S-301 (C) Minor Subdivision Review Criteria. RESOLUfION 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 Clifford Cerise Upper Ranch Minor Subdivision on the Property is hereby approved subject to compliance with the following conditions: 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherviise amended or changed by the Board of County Commissioner's Decision. 2. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat or amend the existing text to conform to following: a . Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, so111uls and smells of Garfield CoWJty's agricultural operations as a nonnal a11d necessary aspect of living in a CoWJty with a strong rural character and a liealtliy ranching sector. Those with an urban sensitivity may perceive such activities, sights, so1u1ds and smells only as inconve11ience, eyesore, noise and odor. However, State law and Cowity policy provide that ranching, fanning or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Therefore, all must be prepared to encoimter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or othenvise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non-11egligent agricultural operations. b. All owners of land, whether ranch or residence, have obligations under State law and Coimty regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to leam about these rights and responsibilities and act as g(]()d neighbors and citizens of the CoWJty. A good introductory source for such infonnation is ·~ Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 3 c . The mineral rights associated with tliis property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owne1ts) or lessee(s). · d A site specific soils and foundation analysis shall be required for new construction once final building locations are detemiined. The analysis shall address subsidence potential and compliance with the recommendations of said analysis shall be required. Engineered foundations and septic systems may be r e!Jllired pursuant to the findings and reconunendation of the soils analysis. e. One half of Trqffic Impact Fees shall be payable prior to recording tile Final Plat and the remaining one half due to the County at the time of Building 2ennit issuance. J f. The remaining * of the fee is $ per lot. Driveway Access Pemiits from the County Road and Bridge Department shall be required at the time of building pennit application. J g. At the time of buildillg pennit a site specific draillage plan for the stmcture and driveway slzall be required. h. Re-vegetation of disturbed areas with a native seed mix mid plants shall be required as part of the building pemiit process and removal of native vegetation outside of the building envelope discouraged except as warranted for wild fire protection. j i. No new open hearth solid-fi1el fireplaces will be allowed allywhere within the subdivision. One (1) new solid-fuel burning stove as defined by C.R.S. 25·7-401. et. seq.. and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves alld appliances. j. All exterior liglzting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond tlie property boundaries. k. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used. the address for each home should be posted to clearly identify each address. Letters are to be a minimwn of 4 inches in height, * i11ch in width and to contrast with background color. I. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. 4 llU BIP.11','a~NH~R'r.W.',Mditr~trl'tlt~ 11~1.hl¥~11Wi 11111 R•c•P.t1on~: 861759 0412tl2915 04: 1!.i,5 l.,Pl1Do JFun !!l~rGl~Fl"'O COUNTY CO & of 9 Reo Fee :..-.~w o ••:~ . .,... "" ~~ m . Combustible materials should be thinned from around structures so as to provide a defensible space iJJ the event of a wild land fire. n. Domestic Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife. o. Fencing on the property shall comply with tire Colorado Parks and Wildlife specifications for wildlife1riendly fencing. p. Control of noxio11s weeds is the responsibility of the property owner. Compliance with tlze County Noxious Weed Regulations and Weed Act sltall be required. q. A 25 ft. setback shall be required from all irrigation ditches for ditch maintenance by the appropriate ditch company or owners of water rights within the ditch. r. The Crystal Spring is located on Lot 3 and said lot is subject to any easements or rights associated with the spring, its improvements and conveyance system. 3. The following edits and modification to the minor subdivision plat shall be required: a. The plat shall be updated to include adequate easements from the edges of the augmentation pond and augmentation plan conveyance features such as ditches and pipelines. b. The plat shall be updated to include designation of the spring box and related improvements for the Crystal Spring. Any existing easements for the spring shall be shown on the plat. A plat note shall be added addressing the existence of the spring on Lot 3. The text of the plat note shall be reviewed and approved by the County Attorney's Office. c. The vicinity map shall be added to the plat. d . Certificates and signature blocks shall be updated in accordance with the County's standard templates as noted in the County Resource Guide. This shall include a County Commissioner's Certificate, Certificate of Taxes Paid, Title Certificate, Lien Holders Certificate (if necessary), updated Certificate of Ownership and Dedication, and the deletion of the Community Development Director's Certificate. e . The driveway locations on the plat shall be removed. f . The building envelope for Lot 3 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas with slopes greater than 20%. 5 1111 WJP.1~:.iu N'MI~ 1ft: ~l 1&-rJM~rhll.tlH/n M, 11111 Reception~: 881759 04/21/2015 04:16:51 Pn Jean Rlberlco 5 or B Reo Fee:S0.00 Ooo Fee:0.00 GRRFlELD COUNTY eo 4. The Minor Subdivision Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit an updated draft of the proposed plat based on the County Surveyor and Attorney's review with all required corrections including plat notes. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for signature. The covenants and provisions related to the augmentation plan shall be subject to review and approval by the County Attorney's Office prior to filing of the plal 5. School Impact Fees and Fire District hnpact Fees shall be calculated and paid prior to the execution and filing of the plal Should an agreement with the Fire District be required by the District said agreement shall be executed prior to the filing of the minor subdivision plat. 6. The Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots. Conditions related to Lot 2 shall be addressed prior to the plat being considered for execution and recording by the Board of County Conunissioners. Conditions related to Lots 1 & 3 shall be addressed as provided below. a. The Applicant shall provide a copy of the approved augmentation plan. b. The Applicant shall demonstrate that all conditions of the augmentation plan have been met and the improvements associated with the augmentation plan have been constructed and are operational. c. The Applicant shall provide copies of well permits issued by the Division of Water Resource for Lots 1 and 3 at the time of issuance of a building permit for members of the Clifford Cerise Ranch Company LLLP or its members. An updated pennit for Lot 2 shall be provided if required by the Augmentation plan. d. The Applicant shall provide well pump testing results and water quality test results . for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use and Development Code at the time of issuance of a building permit for members of the Clifford Cerise Ranch Company LLLP or its members. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serve the residential uses and the water quality is acceptable for domestic uses. If water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. e. The Applicant shall complete a 4 hour pump test for the well on Lot 2. The pump test results and the current water quality test results for the existing well shall be updated to include an analysis by a qualified professional determining that the production is adequate to serve the residential use and that the water quality is acceptable for 6 IHI IJPJ~:zPIU'.l~MH N'l~r,~··h~INlJI ~u v.~~~.'r""lll•1A 11111 Receptlon*I : 881759 04/2tl20tS OIS :tS:St Prt Je,an Aolbeoor~~ORFIELD COUNTY co 7 of 9 Reo Fee1SO.OO Doo ee: . .... f 1 . domestic uses or provide for an appropriate treatment system to address water quality concerns and meet acceptable standards. f. Copies of well pennits and all required testing in accordance with Section 7·104 of the Land use and Development Code for Lots 1 & 3 shall be required prior to any sale of said lots to ownership outside of the Clifford Cerise Ranch Company LLLP or its members. g. Prior to execution and recording of the plat, the Applicant shall provide for review and approval by the County Attorney a plat note implementing the conditions of approval. The Applicant shall obtain Driveway Access Permits from the Road and Bridge Department at the time of building permit application for each lot. The Applicant shall comply with all conditions of said permits including required improvements. 8. Prior to recording the plat, the Applicant shall provide a weed management plan including a weed inventory and map. The plan and inventory shall be subject to review and approval by the County Vegetation Manager. 9. Prior to recording the plat, the covenants for the subdivision shall be updated to include requirements for use of bear proof trash containers, compliance with the Colorado Noxious Weed Act and County Weed Management PJan, and allocation of irrigation water for each lot consistent with tbe provisions of the augmentation plan. Dated this ATTEST: BOARD OF GARFIELD Upon motion duly made and seconded following vote: =C=O=MM=I=SS=I...,.O __ NE=R-=C=H=-AIR= __ Jo __ HN~ ..... F ..... MAR~=T..:..:IN=.-.-------...J' Aye =CO=MMI==Sz.:S=IO=NE::..:.=R~MIKE==S=AM=S=-O=N-.. _________ _,. Aye =CO=MMIS==S=IO=NE:....:.=R:.:..T.a..O=M=..:.J::.::ANK~=o ....... v=sK=Y.:.-________ _,. Aye 7 1111 WJP.1l'?Hr tlfU .IH~.11,~,~,r~ J~~~ ~\I~·''" ~i.·t 11111 Rec•ptlon~: 881759 t 0412112915 04:18:51 PH JeaF n.A0 l~~r~~g~tELO COUNTY CO 8 of 8 Rec Fee:$0.00 Dec ••· ·"'" .........- 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 8