HomeMy WebLinkAbout2.0 Staff ReportFile # FEXA-6755
Directors Determination
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PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Amended Subdivision Exemption Plat
Sillivan Subdivision Exemption
APPLICANTS (OWNERS) Don Sillivan
LOCATION
Lots 1, 2, and 4 of the Sillivan Subdivision
Exemption, according to the Plat Thereof
Recorded as Reception No. 754357,
County of Garfield, State of Colorado.
Generally located approximately 2.4 miles
west of the New Castle Exit off of
Interstate 70, located on County Road
335, New Castle Colorado, 81647
PARCEL SIZE Approximately 30 acres, configured as 3
separate subdivided lots.
ZONING Rural Zone .District
I. DESCRIPTION OF PROPOSAL - REQUEST
The Applicant is requesting an Amended Subdivision Exemption Plat for Lots 1, 2, and 4 of
the Sillivan Subdivision Exemption. The proposal is to adjust the property line between Lot
1 and Lot 2 to create a more usable building envelope on Lot 2. In conjunction with the
adjusted lot line a 10 ft. wide fishing access easement for the benefit of Lot 4 would be
vacated, with a new 25 ft. fishing access easement benefitting Lot 4 created, still across
Lot 2. No other changes are being proposed to the Subdivision Exemption Plat.
II. AUTHORITY — APPLICABLE REGULATIONS
The Amended Final Plat Application is being processed in accordance with Section 5-306
and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR). The request
was determined to be complete as of March 21, 2011. Public notice was required for the
Director's Decision in accordance with Section 4-104.
HI. STAFF ANALYSIS
1. The Applicant's plat provides information on the current and proposed alignment of
the lot line between lots 1 and 2, along with existing and proposed easements. The
Applicant has confirmed that there are no improvements located on either lot other than the
wells located and shown on the plat. The lot line adjustment will not impact the wells or the
well access easement benefitting Lot 4. Both Lot 1 and 2 will maintain usable building
envelopes and in the case of Lot 2 the building envelope will be improved. With no existing
improvements on the lots no building setbacks are impacted and no nonconforming
conditions will result from the proposed change.
3. The expanded and relocated fishing access easement is provided for the benefit of
Lot 4 and will function as anticipated by the original subdivision exemption approvals.
4. The Applicant currently owns all of the three lots affected by the proposed amended
plat (Lots 1, 2, and 4). The owner of Lot 3 (not affected by the amendment) has been
provided public notice of the proposed amendment request in accordance with the ULUR.
5. All previous exemption plat notes from the original Sillivan Subdivision Exemption
Plat have been included on the current proposed amended plat. All previous conditions of
approval for the Sillivan Minor Subdivision Exemption shall also remain in effect (see
attached Exhibit "C").
6. The Application was referred to the County Surveyor and his comments have been
received and were also directly conveyed to the Applicant's surveyor. His comments
reflect that no corrections are required to the plat.
7. Review of the amended plat by the. County Attorney's Office will be conducted prior
to presentation of the plat for signatures. All concerns of the County Attorney's Office shall
be addressed by the Applicant including the need to refine and edit the title for the Plat.
The title should reflect that the amended plat is limited to Lots 1, 2, and 4 and may need to
include reference to the recording information for the original Sillivan Exemption Plat.
8. The Applicant has provided copies of the proof of mailing of the public notice to the
adjacent property owners. No public comments from adjacent property owners were
received by the Office of Building and Planning.
IV. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that the Amended Subdivision Exemption Plat for Lots 1, 2, and 4
of the Sillivan Subdivision Exemption meets the requirements of the Garfield County
Unified Land Use Resolution of 2008 as amended and is recommended for Administrative
Approval by the Director of the Building and Planning Department subject to the following
conditions of approval.
1. That all representations of the Applicant contained in the Application submittals shall
be conditions of approval unless specifically amended or modified by the conditions
contained herein,
2. The Plat shall be subject to final review and approval by the County Attorney's
Office prior to submittal of the plat for final execution. Said review shall confirm that all
required plat notes and certificates have been properly included on the Amended
Subdivision Exemption Plat and review and editing as needed of the title for the plat.
2
3. All prior conditions of approval for the Sillivan Subdivision Exemption shall remain
unchanged and in effect for the Subdivision Exemption and the amended lots (see
attached letter documenting current conditions of approval, dated 3119108 — Exhibit "C").
4. All conditions of approval and edits to the proposed plat shall be completed and a
mylar of the proposed Amended Sillivan Subdivision Exemption Plat shall be provided to
the County in a form ready for signatures and recording within 90 days of the date of the
Directors Decision.
3
4 -
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Exhibit A — Excerpt from the Proposed Amended Final Plat
(Amended Lot Line and Easement Shown)
(not to scale)
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Exhibit B - Excerpt from the Proposed Amended Final Plat
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5
March 19, 2008
Don Sillivan
Holiday West Reality
1512 Grand Ave., Suite 115
Glenwood Springs, CO 81601
Garfield County
13UILDING & PLANNING DEPARTMENT
RE: Exemption from the Definition of Subdivision for the Estate of Mary E. Logan Property
Dear Don:
As you are aware, on Monday, March 17th, 2008, the Board of County Commissioners approved
the request for an Exemption from the Definition of Subdivision with the following conditions:
1. That all representations made by the Applicant in a public hearing before the Board of
County Commissioners shall be considered conditions of approval unless otherwise amended
or changed by the Board.
2. The Applicant shall include the following text as plat notes on the final exemption plat:
a. Control of noxious weeds is the responsibility of the property owner.
b. One (1) dog will be allowed for each residential unit within a subdivision exemption
and the dog shall be required to be confined within the owner's property boundaries.
c. No open hearth solid -fuel . fireplaces will be allowed anywhere within an exemption.
One (1) new solid fuel burning stove as defied by C. R. S. .25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
d. All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of the subdivision
exemption, except that provisions may he made to allow for safety lighting that goes
beyond the property boundaries.
e. Colorado is a "Right -10 -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Garfield County
BUILDING & PLANNING DEPAR TMENT
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, Stale
law and County policy provide that ranching farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so
long as operated in conformance with the law and in a non -negligent manner.
Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations.
f All owners of land whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditches, controlling weeds, keeping livestock and pets under control, using property
in accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is 'A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
g.
All new septic systems and residential foundations shall be designed by a
professional engineer licensed to practice in Colorado.
h. Addresses are to be posted where the driveway intersects the County road If a
shared driveway is used the address for each home should be posted to clearly
identify each address. Letters are to be a minimum of 4 inches in height, % inch in
width and contracts with background color.
i. Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus in adverse weather condition.
Combustible materials should be thinnedfrom around structures so as to provide a
defensible space in the event of a wild land fire; and
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 ' (970) 285-7972 • Fax: (970) 384-3470
Garfield County
BUILDING & PLANNING DEPARTMENT
3. Prior to the signing of the plat the Applicant shall provide the following:
a) A water quality analysis conducted by an approved testing laboratory
demonstrating the four (4) proposed wells meet State guidelines concerning
bacteria and nitrates;
b) A pump test (four hour minimum) conducted on the four (4) proposed wells;
c) A copy of an Approved West Divide Water Conservancy District Contract;
d) Well permits for the four (4) proposed wells; (Condition d has he completed by
providing -the required v‘. ell permits at the BOCC hearing on 3/17/2008)
The approved Exemption from the Definition of Subdivision created a total of five (5) lots. Each lot
created must be depicted on the Exemption Plat Prior to creating the mylar a paper copy of the plat
must be submitted to Staff in order to allow for review by the County Surveyor. The County
Surveyor will review the plat for accuracy, after receiving his comments the mylar may then be
created.
The Mylar for the approved Exemption shall be presented to the Board for signature vs ithin 120
days of approval, If all conditions cannot be met by the 120 day timeframe outlined in §8:33 of the
Garfield County Subdivision Regulations of 1984 it is the responsibility of the Applicant to request
that the Broad grant additional time to complete all conditions. Please do not hesitate to contact this
office should you have any questions.
Best regards,
i
Craig Richardson
Senior Planner
970.945.8212
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 - (970) 285-7972 • Fax: (970) 384-3470
March 17, 2011
Don Sillivan
1512 Grand Ave. Suite 111
Glenwood Springs, CO 81601
BUILDING & PLANNING DEPARTMENT
RE: Amended Subdivision Exemption Plat for the Sillivan Subdivision
Exemption — Lots 1, 2, and 4
(FEXA-6755)
Dear Don:
The Building and Planning Department has received your submittals for the
Amended Exemption Plat for Lots 1, 2 and 4 of the Sillivan Subdivision
Exemption. The application is consistent with our initial discussions and
preapplication meetings and has been reviewed to determine if the submittal
materials are complete. That review included input from the County Attorney's
office and Staff has identified several items that need to be provided or
addressed prior to a determination of technical completeness.
Please respond to the following items:
1. Please provide a copy of the Garfield County Assessors mapping in the
vicinity of your property and label the adjacent property ownership. Please utilize
the mapping to confirm that all owners with 200 ft. of Lots 1, 2 and 4 have been
included on your list of property owners to be notified. It appears that your
adjacent ownership list should include some additional properties.
2. A copy of the deeds for the three lots, reflecting your ownership.
Additional title work/insurance will be required prior to final approval and
execution of the amended exemption plat.
3. Your narrative statement should be expanded to address the following
issues:
a. Clarify that there are no improvements on the lots where the property
lines are being adjusted, thereby confirming that there will be no
impacts to existing building setbacks.
b. A statement that the amended lot line will not impact the location and
access to the existing wells for each lot.
G. A statement that all previous plat notes and conditions of approval
shall apply to the amended subdivision exemption plat.
108 Eighth Street, Suite 401 • X lenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Once the above information/topics are adequately addressed or resolved we can
finalize our completeness review and schedule a date for the Director
Determination for the Application. Also, once determined to be complete, the
adjacent owner notification is required as well as referrals to the County
Surveyor.
Please note that the Garfield County Unified Land Use Resolution of 2008, as
amended requires that these technical completeness issues be resolved within
60 -days of the date of this letter, otherwise the application will be deemed
withdrawn unless a request for extension is submitted and approved.
Please feel free to contact me with any questions or additional information you
may have on the above topics.
Sincerely,
Glenn Hartmann
Senior Planner
2
March 21, 2011 BUILDING & PLANNING DEPARTMENT
Don Sillivan
1512 Grand Ave. Suite 111
Glenwood Springs, CO 81601
RE: Amended Subdivision Exemption Plat for the Sillivan Subdivision Exemption —
Lots 1, 2, and 4
(FEXA-6755)
Dear Don:
Thank you for your additional submittals in regard to your Amended Subdivision Exemption
Application for Lots 1, 2, and 4 of the Sillivan Subdivision Exemption. Your Amended
Subdivision Exemption Plat will be processed in accordance with Section 5-306 and 4-104
of the Unified Land Use Resolution of 2008 as amended (ULUR). This letter is to inform
you that as of this date, March 21, 2011, the application has been deemed Technically
Complete. Please understand that a determination of technical completeness shall not be
viewed as a recommendation of approval, finding of an adequate application, or a finding
of general compliance with any goal or objective of the ULUR or the Garfield County
Comprehensive Plan 2030.
The Application will be reviewed by Staff and a report will be sent to you. The date upon
which the Director of the Building and Planning Department will render a decision has been
set for April 6, 2011.
As a matter of process, public notice at least 15 days prior to the Director's Decision is
required by written notice by certified mail, return receipt requested, to the owners of record
of all property adjacent to the property within a 200 ft. radius and the mineral owners of
record in the office of the County Clerk and Recorder. The Applicant shall be solely
responsible for the mailing of the notice. The Applicant shall present proof of the required
notice to the Building and Planning Department prior to the Director's Decision. Please
review the following notice requirements from Section 4-104.
.Notice to Adjacent Property Owners. At least 15 calendar days prior to the
date of the Director's decision, the applicant shall mail the written notice by
certified mail, return receipt requested, to the owners of record of all property
adjacent to the property within a 200' radius and the mineral owners of
record in the office of the County Clerk and Recorder. The notice shall
include a vicinity map, the property's legal description, a short narrative
describing the current zoning and proposed land use change, the contact
information and the date that the Director has to make a decision.
108 Eighht12.Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
I have enclosed an appropriate notice for the Director's Decision as noted above, for your
convenience. This document is provided to you as a courtesy. The Applicant must verify
that all information in the public notice is correct and attach the required vicinity map. It
shall be the obligation of the Applicant to correct any deficiencies in these documents such
that proper notice in form and substance can be established.
Included for your convenience is the following outline of the process from this point.
1. Your Application has been determined to be complete on March 21, 2011.
2. Additional Copies of the Application are provided and the Application
referrals including to the County Surveyor are sent out. The County surveyor
may request necessary changes to the plat.
3. Public Notice must be mailed by the Applicant by March 22, 2011.
4. Applicant will provide the proof of mailing (including return receipts) by April
6, 2011.
5. On April 6, 2011, the Director or the Building and Planning Department will
render a Decision to approve, approve with conditions or. deny the
application.
6. The Board of County Commissioners will be provided notice of the Directors
decision and has 10 days to review the application and request a public
hearing.
7. The Applicant and Adjacent property owners also have a 10 day period to
request reconsideration of the decision and a public hearing.
8. if the "call up" and reconsideration time period expires without a request for a
hearing, the Planner verifies required changes to the plat and a "mylar' of the
plat is prepared for submittal to the Board of County Commissioners for
signature and recording.
Please submit 2 additional paper copies of the application materials and plat, as amended
by March 22, 2011. These copies are necessary for Application referrals including the
County Surveyor. Please contact me if you have any questions regarding the processing of
your application and the public notice requirements.
Sincerely,
Glenn Hartmann
Senior Planner
Enclosure: Public notice form for mailing
CC: Carey Gagnon, Assistant County Attorney
Fred Jarman, Director Building and Planning Department
2
PUBLIC NOTICE
TAKE NOTICE that Don Sillivan has applied to the Building and Planning Director,
Garfield County, State of Colorado, to request an Administrative Review for an Amended
Subdivision Exemption Plat on property situated in the County of Garfield, State of
Colorado; to -wit:
Legal Description:
Practical Description:
Description of Request:
Lots 1, 2, and 4 of the Sillivan Subdivision Exemption,
according to the Plat Thereof Recorded as Reception No.
754357, County of Garfield, State of Colorado.
South of the Colorado River, approximately 2.4 miles west of
the New Castle Exit off of Interstate 70 located on County
Road 335, New Castle Colorado, 81647.
The Applicant is requesting an Amended Subdivision
Exemption Plat to adjust the property line between Lot 1 and
Lot 2 and to vacate a 10 ft. wide fishing access easement for
the benefit of Lot 4 and create a new 25 ft. wide fishing access
easement for the benefit of Lot 4 across Lot 2, of the Sillivan
Subdivision Exemption. The property is zoned Rural.
Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT
All persons affected by the proposed Administrative Review for an Amended Subdivision
Exemption Plat are invited to comment regarding the application. You may state your
views by letter or you may call the Building and Planning Department at (970) 945-8212
regarding the application. The Director will give consideration to the comments of
surrounding property owners, and others affected, in deciding whether to approve, approve
with conditions or deny the request. The application may be reviewed at the office of the
Building and Planning Department located at 108 8th Street, Suite 401, Garfield County
Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00
p.m., Monday through Friday.
The Director will make a decision on this application on April 6, 2011. Any comments to be
considered must be received prior to that date.
Building and Planning Department
Garfield County
REFERRAL IAL FU1CM
Garfield County Building and Planning Department
108 8th Street, Suite 401, Glenwood Springs, CO 81601
(970) 945-8212/Fax: (970) 384-3470
Date Sent: 3/25/11
Return Requested: 4/61111
File Number/Name(s)
Project Name(s)
Type of Application(s)
FEXA-6755 Sillivan Amended Exemption Plat, Lots 1, 2, and 4 Amended Exemption Plat
Staff Planner: Glenn Hartmann
Phone: 970-945-8212
Applicant: Don Sillivan
Phone: 970-945-8568
Contact Person: NA
Phone: NA
Location: South of the Colorado River, approximately 2.4 miles west of the New Castle Exit off of Interstate 70,
located on County Road 335, New Castle Colorado, 81647
Summary of Request: The Application requests an Amended Subdivision Exemption Plat to adjust the property line
between Lot 1 and Lot 2 and to vacate a 10 ft. wide fishing access easement and create a new 25 ft. wide fishing access
easement for the benefit of Lot 4. The property is zoned Rural.
The Garfield County Planning Department has received a land use request as referenced above. Your comments are
an important part of the evaluation process. In order to review all appropriate agency comments and incorporate
them into the Staff Report, we request your response by Wednesday, April 6, 2011.
GARFIELD COUNTY
Office or Division
OTHER
Number or Detail
Road & Bridge
T
County Surveyor
1
Attorney
1 (previously sent)
Sillivan Exemption Homeowners Assoc.
na
Housing
Planning Commission
Sheriff's Dept.
Board of County Commissioners
Vegetation Manager
County Environmental Health
Oil and Gas
Public
COLORADO STATE
LOCAL/FED GOVT ENTITIES
Water Resources / State I;neineer
City of R ifle
Geological Survey (Fee)
County — Eagle/Mesa/RioBlanco/Pitkin
Department of Transportation
Bureau of Land Management
Water Conservancy Board
US Forest Service
Mined Land Reclamation Board
U.S. Army Corps of Engineers
Health Department - CDPHE
Forest Service (Fee)
Wildlife Division (GWS OR GJ Office)
DISTRICTS/SERVICES
11S West
Public Service
Holy Cross Electric
AT&T
School District—RE-1, RE -2, 16
Fire District — GWS/SiIt/Rifle1GV/Cdale
Soil Conservation District
Water/Sanitation
IN
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7010 3090 0001 0214 4497
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PS Form 381 1, February 2004
Domestic Return Receipt
U.S. Postal Service,.
.CERTIFIED MAIL,. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Restricted Delivery Fee
(Endorsement Required)
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PS Form 3800. August 2006 See Reverse for Instructions
U.S. Postal Serviced,,
CERTIFIED MAIL,,, RECEIPT
(Domestic Mail Only; No insurance Coverage Provided)
WU-CASTLE 'CO 81647
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102595.02 -M -154O
PS Form 3811, February 2004
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Domestic Return Receipt
U.S. Postal ServiceTM
CERTIFIED MAIL,. RECEIPT
(domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.uuspscom
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Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
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PS Form 3800. Augur+ 2006
U.S. Postal Service,l.,
CERTIFIED MAIL,. RECEIPT
(Domestic Mali Only; No insurance Coverage Provided)
For delivery information visit our website at www.usps.como
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
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PS Form 3800, Augusl. 2006
See Reverse to, Instructions
U.S. Postal Service-,
CERTIFIED MAIL,., RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Sent To
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PS Form 3800, August 2006 ,
See Reverse roe Instruction,
Sce Reverse too Instructions
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