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Home My WebLink About3.0 Resolution 2025-29Reception#: 1009073 "122/2025 11:36:46 RM Jacklyn K. Harmon 1 of 5 Rec Fe.:$0.00 Doc 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 Plaza Building, in Glenwood Springs on Monday, the 71h day of July AD 2025, there were present: Tom Jankovsky , Commissioner Chairman Mike Samson , Commissioner Perry Will , Commissioner Fred Jarman County Manager Bentley Henderson Deputy County Manager Heather Beattie , County Attorney Kelly Cave Assistant County Attorney Jacklyn K. Harmon (absent) , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. b0ZS -2� A RESOLUTION CONCERNED WITH THE APPROVAL OF A WAIVER OF STANDARDS FOR WATER HAULING LOCATED AT 839 SUN KING DRIVE SOUTH OF GLENWOOD SPRINGS, COLORADO IN SECTION 22, TOWNSHIP 7, RANGE 89 SW1/4 SE1/4 & TR IN WI/2 NW1/4 OF THE 6TH PRINICPAL MERIDIAN. Parcel ID: 2395-222-00-004 RECITALS A. The Board of County Commissioners (the "Board") of Garfield County, Colorado, received a Waiver of Standards Request for Water Hauling, related to the property described in Exhibit A (the "Property"), submitted by Michael and Mary McPhee (the "Applicant"), File No GAPA-02-25-9055. B. The Property affected by the proposal is approximately 1.965 acres in size and located at 839 Sun King Drive, approximately 7.5 miles south of Glenwood Springs within unincorporated Garfield County and known by Assessor's Parcel No. 2395-222-00-004. The property is in the Rural Zone District. C. The Applicant proposes using a water hauling company and cistern to supply water for a proposed ADU. ■III y"PATHAIArRuV ARMLRA-RMA 11111 Reception#: 1009073 07/22/2025 11:36:46 AM Jacklyn K. Harmon 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. A Waiver of Standards may be permitted in accordance with Section 4-118, of the Land Use and Development Code of 2013, as amended. The Director of Community Development determined that the Application could be reviewed as an Administrative Review and subsequently referred the Application to the Board of County commissioners for their review. E. The board is authorized to approve, deny or approve with conditions a Waiver of Standards for Water Hauling, pursuant to the Garfield County Land Use and Development Code, as amended. F. On June 9, 2025, the Board of County Commissioners opened a public hearing upon the Waiver of Standards for Water Hauling should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said request. G. The Board determined at the public hearing that proper public notice was provided as required for the Waiver of Standards for Water Hauling. H. The Board continued the public hearing to July 7, 2025. The Board closed the public hearing on July 7, 2025 to make a final decision. I. The Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: I . That proper public notice was provided as required for the hearings before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted or could be submitted; and that all interested parties were heard at that meeting. 3. That the above stated and other reasons, the request for a Waiver of Standards for Water Hauling, is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the Garfield County 2030 Comprehensive Plan, as amended. 5. Subject to compliance with all Conditions of Approval, the application has adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended including but not limited to Section 4- 118 Waiver of Standards, Review Criteria and Section 7-104 Water Supply that provides the determination of adequacy of Water Supply is in the sole discretion of the Board of County Commissioners. mill 1!F.F11NO11 �tiIJ41r ,Ifhnivu MU4,1I III Reception#: 1009073 07/22/2025 15:36:46 AM Jacklyn K. Harmon 3 of 5 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 based on the determination of facts set forth above, the request is approved for the Waiver of Standards to allow for Water Hauling to serve the McPhee's proposed ADU with the following conditions: I. All representations of the Applicant in the Application Submittals and during the Public Hearing shall be considered conditions of approval. 2. Compliance with all Federal, State, and Local regulations for the proposed Waiver of Standards for Water Hauling. 3. Prior to issuance of a building permit for the ADU a deed restriction shall be recorded on the property with the following stipulations: a. Prohibiting the ADU's use as a short-term rental. b. Provide notice to any future buyer of said property that the ADU is limited to a cistern and water hauling for domestic water. 4. Prior to issuance of a building permit for the ADU the Applicant shall provide a signed contract with a water hauling provider, which provider shall have the proper State credentials and demonstrate compliance with all CDPHE requirements for provision of a safe domestic water supply. 5. The Applicant shall not be permitted to fill the cistern from the Oak Meadows central water system. To help ensure compliance with this condition and provide on -site management, one of the units on the property shall be required to be owner occupied. 6. Prior to the issuance of a building permit for the ADU the Applicant shall provide operational plans for use of the cistern consistent with the referral comments from the County Environmental Health Department including but not limited to the following: a. A plan for maintaining and cleaning the cistern. b. A plan for proper disinfecting water upon delivery. c. A plan for periodic testing of the cistern water. d. Provisions for maintaining documentation of water deliveries to site which shall be provided to the County upon request. e. Construction plans/details for installation of the cistern. 7. OWTS serving the ADU shall be properly engineered, obtain all required permits from the County Environmental Health Department, and comply with required standards including but not limited to setbacks and protection from vehicle traffic including water delivery trucks. 8. The Applicant shall comply with all provisions of the Oak Meadows Water Association Agreement regarding the use of the Cistem. Dated this day of , A.D. 2025. ATTEST: l � ORADO-40' I PidroTF I:.. :.. . �T 1111RIPAPYWAAh.rD1l�rlh'��,i��1� K�R�Ii � 11111 Reception#: 1009073 11122l2025 11:" :45 AM Jacklyn K. Harmon 4 of 5 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chair, Tom Jankovsky , Aye Commissioner Mike Samson Aye Commissioner Perry Will , 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. 2025 County Clerk and ex-officio Clerk of the Board of County Commissioners mill WATAIM"IIWf, mk'i 1m,.hi. IN Reception#: I009073 07l221 2025 11:36:46 AN Jacklyn K. Harnon 5 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Legal Description A TRACT OF LAND IN THE WEST % NORTHWEST % SECTION 22, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINICPAL MERIDIAN DESCRIBE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST % OF THE NORTHWEST WHENCE THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINICPAL MERIDIAN BEARS AZIMUTH 01 DEGREES 01 MINUTES 23 SECONDS, A DISTANCE OF 1348.20 FEET; THENCE AZIMUTH 1 DEGREES 01 MINUTES 23 SECONDS, A DISTANCE OF 406.20 FEET; THENCE AZIMUTH 103 DEGREES 21 MINUTES 16 SECONDS, A DISTANCE OF 260.94; THENCE 188.70 FEET ALONG AN ARC OF A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 34 DEGREES, RADIUS OF 317.99 FEET; THE CHORD BEARS AZIMUTH 197 DEGREES 15 MINUTES 18 SECONDS, A DISTANCE OF 185.94 FEET; THENCE 117.82 FEET ALONG AN ARC OF A CURVE TO THE RIGHT WITH A CENTTRAL ANGLE OF 38 DEGREES, RADIUS OF 177.82 FEET, THE CHORD BEARS 199 DEGREES 15 MINUTES 22 SECONDS, A DISTANCE OF 115.78 FEET; THENCE AZIMUTH 218 DEGREES 15 MINUTES 19 SECONDS, A DISTANCE OF 275.54 FEET; THENCE AZIMUTH 1 DEGREES 01 MINUTES 23 SECONDS, A DISTANCE OF 155.41 FEETTO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO