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Home My WebLink About2.0 Resolution 2017-141111 [1rjF11F EhilihrEir.ri Li'CkAIfiP EM init1 11 ill Recept iar:# : 890075 0311412017 09:09:26 AN Jean Alberico 1 of 6 Rec Fee:$0.00 Dec 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 6th day of March A.D. 2017, there were present: John Martin Mike Samson Tom Jankovsky Tari Williams Kelly Cave Jean Alberico (absent) Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ¢20ff'/i A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE AN ACCESSORY DWELLING UNIT (ADU), ON A 35.87ACRE PROPERTY OWNED BY RACHEL M. BORRE, BRETT L. LEABLE, GLENN E. LEABLE AND RITA L. LEABLE, LOCATED APPROXLMATELY 5 MILES EAST OF THE CITY OF GLENWOOD SPRINGS OFF COUNTY ROAD 120, KNOWN AS 727 COIJNTY,ROAD 120, IN RANCH 17 OF SECTION: 19 TOWNSHIP: 6 RANGE: 88 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 218719202017 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a call-up hearing by the adjacent property owner, Wayne Rudd, to review the Directors Determination regarding an Administrative Review Land Use Change Permit to allow an ADU, as further described in Exhibit A, Site Plan. B. Brett Leable submitted an application for an ADU on his property to the Community Development Department that was Approved with Conditions by the Director on December 12, 2016. On December 22, 2016, Wayne Rudd submitted a letter requesting a Call-up to the Board of the Directors Determination. On January 3, 2017, the Board scheduled the public hearing to review the Directors Determination for March 6, 2017. 1 C`o 1111 Mcirid>'4 Vil MC I'1rv1' vilr J 7 L'ii1JMl111, ikii 11 11 1 Reception#: 890075 03/14/2017 09:09:26 RM Jean Rlberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO C. The subject property is located within unincorporated Garfield County in the Rural zone district, approximately 5 miles east of Glenwood Springs, Colorado accessed off County Road 120 and private access roads. D. ADU's may be permitted in the Rural zone district with an Administrative Review Land Use Change Permit. The Directors Determination of Approval with Conditions was modified by the Board in a noticed public hearing on March 6, 2017. E. The Board is authorized to approve, deny or approve with conditions an Administrative Review Land Use Change Permit that has been called up to the Board. The application then will result in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 6th day of March, 2017 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 6th day of March, 2017 to make a final decision. 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. 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 a the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Leable Accessory Dwelling Unit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the proposed Accessory Dwelling Unit is in conformance with the Comprehensive Plan of 2030, as amended. 2 1111 rarcilIK 1i'}f1t 1111/ 14PIWhN ALMiiih 11111 Reception#: 890075 03/14/2017 09:09:26 AM Jean Alberice 3 of 6 Rec Fee:$0.00 Doc 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 Land Use Change Permit for an Accessory Dwelling Unit, on a property located at 727 County Road 120 and owned by Rachel M. Borre, Brett L. Leable, Glenn E. Leable and Rita L. Leable, is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of the Land Use Change Permit: 1. Within one (1) year from the date of the Board Decision, the Applicant shall: a. Obtain a well permit and drill a new well as permitted by the State of Colorado Division of Water Resources for the proposed ADU per Garfield County regulations. Prior to issuance of the Land Use Change Permit, the Applicant shall provide the following information and documents. This information and documents shall be reviewed and accepted by the Community Development Department and designated engineer. i. An explanation as to how each dwelling unit on the property will be served by water and how these wells are impacted by any well sharing agreements and/or split ownership. ii. The approved well permit for the well to serve the ADU from the Division of Water Resources. iii. A 4 -hour pump test for the new well in conformance with Section 4- 203(M)(1)(b)(5). iv. A water quality test for the new well in conformance with Section 4- 203(M)(1)(b)(5). b. Acquire Ranch 14 and appurtenant water rights, thereby obtaining full rights to the supplying water well, identified under Well Permit No. 202863. Prior to issuance of the Land Use Change Permit, proof of ownership of Ranch 14 and appurtenant water rights will need to be provided to the Community Development Department and accepted by the County Attorney's Office. In addition, a legal instrument will need to be provided and accepted by the County Attorney's Office prior to execution (e.g. well sharing agreement, deed, etc.) that provides legal and adequate water for the primary and accessory dwelling unit on Ranch 17. This legal instrument must be fully executed and recorded prior to issuance of the Land Use Change Permit. 3 1111 ElFdraiitglilill,fig< liE111111AM}RMYYkl 11111 Reception(#: 890075 03/1412017 09:09:26 AM Jean Alberico 4 of 6 Rac Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c. Provide for an alternative means to legally obtain water for the proposed ADU (e.g. modified quitclaim deed for well, well sharing agreement, etc.). This alternative shall be reviewed and approved by both the Community Development Department and the County Attorney's Office. Conditions of Approval: 2. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 3. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701, Accessory Dwelling Units, of the Land Use and Development Code of 2013, as amended. 4. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 5. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for modifications and/or expansions to the ADU structure. 6. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 7. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development Code of 2013, as amended. 8. Approval of a Land Use Change Permit for this use is hi no way intended to supersede any other requirements placed on this property such as a matter of private covenant or otherwise. 4 1111 lirdEY,iEri4,Y€1f'Pik ID1idi! Illfs IhVilik II11I Reception#: 880075 0311412017 09:09:26 AN Jean Rlberico 5 of 6 Reo Fee:$0.60 Doc Fee:0.00 GARFIELD COUNTY CO Dated this / S . day of ATTEST: +Ad- k of the Board , A.D. 20 ! GARFIELD i TY BOARD OF COMMISS GARFIELD OUNTY ONERS, COLO Chairm Upon motion duly made and seconded e foregoing Resolution w following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY opted by the , Aye , Aye , 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 5 1111ir1rAifa ii.Mitlf � hli FLiY MALI 11111 Reception#: 890075 03/14/2017 09:09:26 AN Jean Alberico 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN Driveway Primary Dwelling Unit Shared Access Road to CR 120 6