, Assistant County Attorney. when the following proceedings, among others were had and done, to-wit: RESOLUTION NO.

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1 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 25 th day of March A.D. 2019, there were present: John Martin Mike Samson Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico, Commissioner Chairman, Commissioner, Commissioner, County Manager, County Attorney, Assistant County Attorney, Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL MODIFICATION TO AN APPROVAL FOR A MINOR SUBDIVISION, ON A 35 ACRE PROPERTY OWNED BY MARK AND LORA ULLERICK LOCATED APPROXIMATELY 5½ MILES NORTH OF THE TOWN OF SILT, AT 3919 COUNTY ROAD 237 IN SECTION 18, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# Recitals A. An application for a Substantial Modification to a Conditional Approval for a Minor Subdivision ( Application ) was submitted to the Garfield County Board of County Commissioners ( Board ). The property is located in Section 18, Township 5 South, Range 91 West of the sixth P.M., Garfield County (File No. SUAA ). B. The Substantial Modification Application requested the removal of Condition #6 of Resolution , related to the requirement that electric power be extended to proposed Lot 2 of the Minor Subdivision, also known as the Ullerick Minor Subdivision, prior to the recording of the Minor Subdivision Plat. C. The property is approximately 35 acres in size and is owned by Mark and Lora Ullerick. 1

2 It is described in a Warranty Deed recorded January 9, 2003 in Book 1425 at Page 748 as Reception No and further described in Exhibit A. D. The subject property is located within unincorporated Garfield County in the Rural Zone District, approximately 5½ miles north of the Town of Silt at 3919 County Road 237. E. On December 17, 2018 the Board of County Commissioners approved by Resolution No the Application for Minor Subdivision subject to conditions of approval. F. The Board is authorized to approve, deny or approve with conditions an Application for a Substantial Modification pursuant to the provisions contained in the Land Use and Development Code, as amended. G. The Board of County Commissioners opened a public hearing on the 25 th day of March, 2019 for consideration of whether the proposed Substantial Modification to the Minor Subdivision approval should be approved or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board closed the public hearing on the 25 th day of March, 2019 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 that meeting. 3. That for the above stated and other reasons the proposed Substantial Modification to the Ullerick Minor Subdivision approval 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. 5. That with the adoption of conditions and approval of a waiver from Section Public Utilities, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended including, but not limited, to Section 5-301(C) Review Criteria for Minor Subdivisions. 2

3 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 Substantial Modification to the Ullerick Minor Subdivision Approval is hereby approved subject to compliance with the following conditions of approval including the replacement and revision of Condition #6 from Resolution No That all representations contained in the Application submittals shall be considered conditions of approval unless specifically altered by the conditions of approval of the Board of County Commissioners ( Board ). 2. Prior to the Board signing the plat, final review and approval by the County Attorney s Office and the County Surveyor shall be required. 3. Prior to the Board signing the plat, the following edits and modifications shall be required and subject to final review and approval by the County Attorney s Office and Community Development Staff. a. The plat shall be updated to include all existing easements. The reference to the Applicant s title policy included in the survey notes on the plat shall be reviewed and accepted by the County Attorney s Office. b. The plat shall be updated with easements as needed for the power line serving Lot 2. c. Certificates and signature blocks shall be reviewed to ensure consistency with the County s standard certificates as noted in the County Resource Guide including the lienholders certificate. d. References to a 100 ft. Setback High Water Line Harvey Gap Reservoir shall be removed e. References to Preliminary in the title shall be removed. Final wording for the title shall be approved by the County Attorney s Office. f. Standard plat notes A, B, C, D, E, F, H, and I from the Resource Guide shall be added to the plat. g. The following plat notes shall be added to the plat. Final wording for the plat notes shall be subject to approval by the County Attorney s Office. 3

4 o A site specific design level geotechnical investigation and recommendations shall be required for all new construction. Compliance with the recommendations of the analysis shall be required. Engineered foundations may be required pursuant to the findings and recommendation of the geotechnical investigation. o Property owners should consult the State Forest Service Fire Wise Construction recommendations or subsequent publications for future construction and landscaping on the site. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wildland fire. o Areas with slopes in excess of 30% shall be prohibited from development. Areas with slopes between 20% and 30% shall require engineering reports at the time of building permit to address slope stability and steepness including engineering recommendations for foundations and retaining walls. o The owner of Lot 2 shall be required to update the driveway access permit with the County Road and Bridge Department prior to issuance of a building permit. Construction of the driveway to Lot 2 shall meet the primitive driveway standards in Section of the Land Use and Development Code and shall comply with drainage requirements associated with the driveway permit. h. Survey corrections to the plat required by the County Surveyor in his referral comments, dated 11/17/18, shall be completed. 4. Prior to the Board signing the plat, the Applicant shall meet the following conditions related to legal, physical, and adequate water on both proposed lots. a. The Applicant shall maintain in place contracts with the West Divide Water Conservancy District for the well permit on Lot 1. b. A waiver is approved not requiring additional well production and quality testing for the Lot 1 Well based on the 2016 tests, the Division of Water Resources referral comments, and the conditions contained herein. c. Subject to testimony at the public hearing on December 17, 2018 the Applicant shall be allowed the use of a cistern with hauled water subject to the following conditions. i. Water hauled from the Town of Silt shall be adequate and acceptable. ii. The owner at the time of building permit, shall provide design information for the cistern system for Lot 2 including basic information on storage size including confirmation from a qualified professional that the design will be adequate to serve the proposed use. 5. Prior to the Board signing the plat, the Applicant confirm that there are no irrigation ditches on 4

5 the property or shall obtain comments from any Ditch Companies with ditches crossing the site indicating that the development proposal will have no impact on their ability to maintain the ditches and that an adequate maintenance easement is possible. 6. (Revised) That prior to the recording of the final plat the following plat notes be added to the Minor Subdivision Plat and that prior to the recording of the final plat the Applicant shall provide confirmation that no additional easements are needed by Xcel Energy to extend power across the County Road to Lot 2. a. That power is in close proximity to but across County Road 237 from Lot 2 and extension of power to the lot shall be at the expense of future owners and is not being provided by the developer/subdivider. b. That power service to Lot 2 shall be required to be underground, unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship, to be determined at the time of building permit. 7. Prior to the Board signing the plat, the Applicant shall pay the $200 school impact fee to the RE-2 School District. 8. Prior to the Board signing the plat, the Applicant shall provide additional representations by a qualified professional that drainage for the Lot 1 driveway is adequate and that no additional ditches for drainage are necessary, in accordance with Footnote 2, Table Primitive Driveway Standards. 9. The Applicant shall address wildlife compatibility by requiring use of bear proof trash containers or storing trash in a secured building or garage. 10. Testing for radon is recommended for new construction on Lot 2 and for the existing home on Lot 1. Dated this day of, A.D. 20. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman 5

6 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY, 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. 6

7 EXHIBIT A LEGAL DESCRIPTION (Excerpt from Application and Title Commitment) Per Warranty Deed recorded January 9, 2003 in Book 1425 at Page 748 as Reception No