HomeMy WebLinkAbout01.22.09 NTC letterJanuary 22, 2009
Mr. Sid Fox
Fox and Co.
PO BOX 1372
Edwards, CO 81632
RE: Suarez Subdivision Preliminary Plan
Dear Mr. Fox:
BUILDING & PLANNING DEPARTMENT
Thank you for taking the time to meet with me on January 14, 2008 regarding the Final Plat
submittal for the Suarez Subdivision. I had an opportunity to further review the application
with the County Legal Staff that same afternoon. Based on the reviews conducted in both
meetings, I have deemed the application Technically Incomplete for the following reasons:
Conditions of Approval required in Resolution 2008 - 135
1. Condition #3: This condition states "The Applicant shall provide a water quality analysis
for each of the existing wells demonstrating compliance with state guidelines regarding
bacteria and nitrates to be submitted with the Final Plat application."
While there is some water quality testing for Well #2, there were no water quality
analyses provide for Wells #1, #3, and #4. Please have those wells tested and provide
the results which specifically address the state's guidelines regarding bacteria and
nitrates.
2. Condition #4: This condition requires "The Applicant shall be responsible for 50% of the
Traffic Impact Fees at the time of Final Plat (to be calculated after submittal of Final Plat
Application)."
Staff has calculated this total fee to be $3,643.32 where 'A of the fee to be paid now with
the Final Plat is $1,821.66 and the remaining portion is to be paid with each building
permit or $455.415 with each building permit. This amount needs to be reflected in the
CC &Rs.
3. Condition #14: This condition requires the Applicant shall submit an updated West
Divided Water Conservancy Contract (West Divide) allowing for the approved four (4)
single family dwelling units and the 40,000 gallon storage tank to be used for fire
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108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945 -8212 • (970) 285 -7972 • Fax: (970) 384 -3470
protection."
While the application contains two West Divide contracts for 2 of the wells, there two
other West Divide contracts for the other two wells such that each individual well has its
own West Divide contract. Please contact West Divide and have them provide us with
the two other contracts for the other two wells.
Final Plat: Section 5 :00 of the Subdivision Regulations of 1984, As Amended
4. Section 5:24(A) requires the plat include the names and addresses of the mineral
estate(s). This was not included on the plat. Please revise.
5. In the County Surveyor's Certificate, please strike "1973" and "(revised)."
6. Section 5:31(A) requires that the engineering drawings be stamped "Approved for
Construction." Please revise your drawings of the water tank, dry hydrant, and
emergency access road such that that are stamped "Approved for Construction."
7. The Applicant is obligated to pay the "School / Site Acquisition" fee for the RE -2 School
District of $200.00 per lot to be tendered to the County as part of this Final Plat
application. Please submit a check, made payable to the County Treasurer in the
amount of $800.00.
8. Please revise the Final Plat to show the exact locations of the wells on each of the four
lots.
Subdivision improvements Agreement & CC &Rs
9. Date should be 2009.
10. Information on PP approval needs to be included.
11. Exhibits need to be included:
A. A list of the "approved for Construction Drawings"
B. Has been provided, but needs to be labeled
C. LOC form
D. Written Request for Partial Release of LOC form
E. Written Request for Final Release of LOC
F. Request for Release of Revegetation LOC
12. On page 10, there is a reference to the revegetation/reclamation plan for the
Subdivision submitted as part of the Final Plat documents. Was that submitted? It
needs to be identified in the SIA with more specificity, i.e. by title and date so there is no
dispute in the future about its requirements.
13. On page 9, since the owner is choosing to include the Reveg LOC as part of the
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overall LOC, the entire LOC will need to be valid for 2 years, so paragraph 3a, page 4,
needs to be changed accordingly. While this may appear onerous at first, the ability to
obtain partial releases will allow the owner to effectively have everything but the reveg
amount released earlier than the two years. An acceptable alternative is to separate the
reveg LOC altogether.
14. The section on fire protection, section 5, page 11, is missing the requirement to
submit the documents of conveyance of any easements to the HOA at the time of final
plat recording.
15. Section 8 page 12 needs to include the road impact fee amount as soon as Fred
calculates it to be
16. Section 17; on page 16 is missing language about how the SIA can be modified. i.e.
public meeting of BOCC, etc.
17. On the CCR's, add a section that says that any provision of the CCR's that is
required as a condition of approval of the Subdivison by the Garco BOCC may not be
amended without approval of the BOCC at a public meeting. In addition, there needs to
be a section similar to the existing 7.9 that says in the event of any conflict between any
BOCC conditions of approval and provisions of the CCR's , the BOCC conditions shall
control.
Finally, as we discussed, even though the application was submitted to the County prior to
the end of the year, it has been deemed technically incomplete. Because of that
circumstance, this office can now only process applications submitted under the County's
new land use regulations which came into effect on January 1, 2009. We will carry forward
the fee and apply it to a new application and waive the requirement for a pre - application
conference. The new Final Plat process and submittals are as follows:
A. Outline of Process. The Final Plat Review process shall consist of the following
procedures:
1. Application
2. Determination of Completeness
3. Evaluation by Director /Staff Review
4. Review and Action by Board of County Commissioners
5. Recordation of Plat
B. Application Materials: The Final Plat review requires the following application
materials as more fully described in Article V, Section 5 -502:
1. Application Form and Fee
2. Final Plat
3. Final Engineering Reports and Plans (as applicable)
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a) Streets, trails, walkways and bikeways
b) Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) Erosion and Sediment Control Plan (4 -602 C. 4.)
d) Final cost estimates for public improvements
e) The certification listing all mortgages, liens judgments, easements,
contracts, and agreements of record regarding the land to be platted and
the Board of County Commissioners may require, at its discretion, that
the holders of such mortgages, liens, judgments, easements, contracts or
agreements shall be required to join in and approve the application for
Final Plat approval before such Final Plat is accepted for review. All other
exceptions from title shall be delineated.
4. Improvements Agreement, if applicable [include record drawings in digital
format, (4 -602 J.)]
5. Letter of Intent for service from all of the utility service providers
a) Contract for Service, required prior to Final Plat recordation.
6. Final Declarations of Covenants and Restrictions, HOA articles of incorporation
and bylaws
7. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees)
Please feel free to contact this office if you have any questions regarding these
requirements.
Very truly yours,
Fred A. Jarman, A
Director, Building & Panning Department
(970) 945 -8212
frediarmanc Barfield- county.com
Cc County Attorney's Office (Deb Quinn)
Enclosure(s) New Final Plat Application Form
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