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Home My WebLink About7.0 Resolution 2018-21uli Hl]ir?iltrt [# \ t+l ff [t,ls[, ilr,il tM ItJl,rI* ] il IRaceptionfr: 906478OElqglz0fil 0l:40:36 Plt J.an nlbarlco1 of 6 Rec Fce:90.00 Doc Fee:O.OO GCRFIELD COtItlTy C0 STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Roomo Garfield County Administration Building in Glenwood Springs on Monday, the 16ft day of April A.D. 2018, there were present: John Martin - Commissioner Chairman Mike Samson . Commissioner ) )ss ) Tom Jankovskv , Tari Williams . Commissioner County Attorney Kellv Cave , Assistant County Attorney Jean Alberico (absent) , Clerk of the Board Kevin Batchelder " County Manager when the following proceedings, among others were had and done, to-wit: REsoLUrtoNNu.Jfl/K-?L Arr AMENDMENT TO A RESOLUTION OF APPROVAL (RESOLUTION 2017-14) FOR A LAND USE CHANGE PERMIT TO INCLUDE AN ACCESSORY DWELLING t NIT (ADrr), ON A 35.87ACRE PROPERTY OWNED BY RACHEL M. BORRE, BRETT L. LXABLE, GLENN E. LEABLE AND RITA L. LEABLE, LOCATED APPROXIMATE,LY 5 MILES EAST O}'THE CITY OF GLENTWOOD SPRINGS OFF couNTY ROAD 120, KNOWI\ A5727 COUNTY ROAD l20,IN RANCH 17 OF SECTION: 19 TOWNSHIP: 6 RANGE: 88 WEST OF THE 6rH P.M., GARFIELD COUNTY PARCEL NO# 2 I 87 t 92020 I 7 Recitals A. The Board of County Commissioners of Garfield County, Colorado, ooBoard" received a request to amend Resolution of Approval2An-14 (Reception Number 890075) on March 6, 2018. The Amendment is to amend Condition Number I to extend the period of time to satisfo the requirements of the condition. The site plan remains unchanged from Resolution 2017-14 (Exhibit A). 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 Decernber 22,2016, Wayne Rudd submitted a letter requesting a Call-up to the Board b ^||llilI,rH1lf Ut+-! tUq ft il E': Utti ru& Ft llll$t I I il IReceptlon$: 90642S 2' lf [18 P$&?8o'E*'F:3, I I BE'6EEF r ELD coLrNry co of the Directors Determination. on Janyry-31 2lll,the Board scheduled the public hearing toreview the Directors Determination for rr,larcrr A:;oi;.6n March 6,zol7,the Board approved theapplication with conditions (Resolution 2017_ li;. ' ' v'! rr'qert v, 'v t t , urv c' The subjectproperty is locateg frffi_yincorporated Garfield county in the Rural zone*iffi'##ffi['*:. miles east or Glen;; $;;: c o rorado "..r. r"dlff c ounty Road r 2 0 D' ADU's may be permitted in ttre Rural zone district with an Administradve Review Landuse change Permit' The Directors Detemrindt*;i;;"val with conditions was modified bythe Board in a noticed.p.'1t1.^!f"ng on March 6,2otii:The Board then amenaed the March 6,2017 approval on April 16,201g. E' The Board is authorized to apprwe, deny or approve with conditions an AdministrativeReview Land use ctrange Pemrit tr,uil,* ur.;;;ir;; ffro ,r," Board. The apptication then willresult in issuance of a Land use change Permit purruuit to the Garfield county Land use andDevelopment Code, as amended. F' The Board of county commissioners opened a public-hearing on the 16ft day of April,2018 for consideration of whether the proposed amendment to the approval should be granted ordenied, during wlrich hearing the pubiic;;ir;;;;.t.d-i.oon, were given rhe opporrunity toexpress their opinions regarding the request. G' The Boarf 9f 99*,y commissioners closed the public hearing on the l6e day of April,2018 to make a final decision. / H' The Board on the basis of substantial competent evidence produced at theaforementioned hearing, has made the following a";;iru,ions of fact: l ' That properpublic notice was provided as required for the hearing before the Boardof County Commissioners. 2' The hearing before the Board of county commissioners wirs extensive andcomplete, that all pertinent facts, matters and issues were submitted and that allinterested parties were heard ut " ih. meeting. 3' That for the above stated and other reasons.the proposed Land use change persritfor the Leable Accessory Dwelling unit is ir til dri inteiest of the health, safety,convenience, order, prosperity anJweHare of the "itirr* orcameld county. 4. T" q" proposed Accessory Dweling unit is in conformance with theComprehensive plan of 2030, as amended. $.{1g[#}[lHe,"LTH'r mrllrim]rr #trsr hr rr rr r RESOLUTION X"'#fffiHfl:ffi BE Ir REsoLvED bv the Board of county commissioners orGarfierd A' The forgoing Recitals are incorporated by this reference as part of the resolution. B' The below conditions are Amended and Restared from Resolution z0l7-14. c' The Land use change Permit fo.T Alcessory Dwelling Uni! on aproperty located at7z7county Road l20.and-owned bv }u.rr"t M. B"rr";;;"tt L. Leable, Glenn E. Leable andRita L' Leable, is hereby approved subject r" ""*ji*ce with the following conditions: l. By August 3l,2}lg,the Applicant shall: a obtain a well pennit and drill a new well as permitted by the state of coloradoDivision of water Resources l"r_ th-_ ;;e*"J anu per Garfierd countyregulations' Prior to issuance of the L*d iJsJal;ge permit, the Applicant shallprovide the following information and documents. This information and documentsshall be reviewed and accepted by the ailrrttb"relop*"nt Departrnent anddesignated engineer.i' An explanation as to how each dwelling unit on the property will be servedby water and howthese weils ar" impuitJu, *y weil sharing agreementsand/or split ownership.ii' ft".3ppYed well p".-it for the well to serve the ADU from the Divisionof Water Resources.iii' A 4-hour pump test for the new well in conformance with section 4-203(MXlXbxs).iv' A ry-aler quality test for the new well in conformance with section 4-203(MXrxbxs). b' Acquire Ranch 14 and appurtenant water rights, thereby obtaining frrll rights to thesupplying water well, identified under weli pe;i;No. 202g63. prior to issuanceof the Land use change permit, tro:f ololP"orrip orn*"h 14 and appurtenantwater rights will need to be provided to the co*.,i"iry Development Departmentand accepted by +: county Attorney's office. h aiotion, a legal instrument willneed to be provided and accepted u1 ury b"*trAttorney,s office prior toexgcution (e'g' well sharing agreemengi".a, rr*1 tt'ut provides legal and adequatewater for the primary and accessor.r dwelring unit on Ranch-I7. This legarinskument must be fuily execut.a *i...o.drJ*il;;" issuance of the Land UseChange permit. Ilil ff Lil'll!ft{ lll I #Lfl$,ttlHff [l'rlhU+l,I* ll ll IRcceotlon*: 908478 OSIOA'|?:O1A 01:40:36 Pll J6an nlb.rico4 of 6 Rec Fee:i0.00 Doo F€s:0.0o GnnFIELD CoUNTY C0 c' Provide for an altemative means to legally obtain water for the proposed ADU (e.g.modified quitclaim deed for *:]r, -*;|l ,rr*i"g agreement, etc.). This artemativeshall be reviewed and approved by both a" Crir**ity Development Departmentand the County Attomey's Office. Conditions of Approval : 2' All representations of the Applicant contained in the application shall be considered f#*::iro!f,. unn.orur unii" specificailv moairi"a--uy the B;;J or county 3' The Applicant shall comply with Additional standards for Residential uses contained insection 7'7a1,-A.ccessory bweiling units, of the tana use and Development code of2013, 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. Theproperty owner.shall obtain any_necessary Garlield cointy Brid;-permits formodifications and/or expansions to the aou structu*. -- 6' AII exterior lighting shall be downcast and shielded and comply with sectio n 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 orHome office/Business use only, as described i, trr. i*a use and Development code of2013, as amended. 8' Approval of a Land use change Permit for this use is in no way intended to supersede any ::*ff:,rernents praced on this properrv such as a matter of private "ou**t o, l$1+U,llltHllt{lilf h I fi lil ] il I Jgan AlberlooF.€:0.00 GPRFIELD COUNTY CO -{<Dated this / - day of ^a , A.D. zo*!g _. ATTEST: ryl of the Board ff:rt*.s..;q l-t GlErrr : ar %.. ,it..-- --...t'Si;aiure Upon motion duly made andfollowing vote: GARFIELD seconded the foregoing Resolution BOARD OF GARFIELD Aye Aye Aye STATE OF COLORADO County of Garfield ) )ss ) I,County Clerk and ex-officio Clerk of the Board of ff x**lm*ffi ip;,#*jil:J;:i:,i":[f :.#eT:l.dj ffi ##"Hf r-l:T",::,"",i,:gl,:":i;ir;,h,n..*;#iff #:",ffi 1TilT:ffof counrycommissioierrrorraii;":,iJrot""riir,ffi ffi;:H:: H }JHTj.Y:S-9:' I have hereunto set mv hand and affixed the sear or saidCounty, at Glenwood Springs, ttris __ day of A.D.20_. county clerk and ex-officio crerk of the Board of county commissioners lll f;ir'.r1,'f ffi !*i,llriflttl,i[hl+lltH{l'*CtUt lrl lt tt tReceptionI: 906478 OSlAAlT@le 01:40:36 PII Jean Alberico6 of 6 Rec Fee:$0.00 Doc Fe6r0 00 GflRFIELO C0UNTY C0 EXTIIBI'I'A SITII PI,AN 501 t.Elo to) la a o q) o Artr I a) C) o "dao& (u ,ord C) Fl