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Home My WebLink About2.0 Staff ReportTYPE OF REVIEW APPLTCANTS (OWNERS) REPRESENTATIVE LOCAT!ON PARCEL SIZE WATER/SEWER ACCESS EXISTING ZONING Snobble - Bazley Amended Subdivision Exemption FEXA-7945 GH Amended Subdivision Exemption Plat Administrative Review Barbara Snobble, James Bazley and Connie Bazley Mark Chain Consulting LLC Section 28, T7S, R88W, Garfield County, approximately Te of a mile west of the Carbondale Town Limits, off of County Road 109. The property is generally located at 5966 County Road 109 and is known by Assessor's Parcel Numbers 2393-283-00-01 9, 2393-283-00-020, and 2393-283-00-021) 9.29 acres. Existing Wells (3) Existing and proposed Septic Systems County Road 109 Rural (R) PROJECT INFORMATION AND STAFF COMMENTS I. BACKGROUND . DESCRIPTION OF PROPOSAL The Applicant is requesting an amendment to the Snobble Subdivision Exemption approvals previously granted by the Board of County Commissioners and approved by Resolution No. 81-298. As requested the amendment will allow the filing of a new Exemption plat modifying the property lines and areas of the three existing lots, which were previously described only by metes and bounds descriptions attached to the above referenced resolution. No new lots are being created and no changes are proposed to any existing easements or rights-of-way. The amendment is requested in order to correct access issues and better meet the needs of the lot owners. The newly configured lots will be 2.438 acres (Lot A), 4.85 acres (Lot B), and 2.001 acres (Lot C). Based on the Snobble - Bazley Amended Exemption Application information provided, the existing approvals, and the nature of the lot line adlustment, the applicant has requested waivers from providing additional technical studies. The Application was previously considered by the County tn 2011. A Director's Decision letterwas issued on July 21,2011 approving the requestwith Conditions. The platwas edited pursuant to the conditions of approval but was not able to be executed within the required time limits and extensions due to technical issues associated with lien holders. The current plat and related submittals reflect compliance with the previously approved conditions including the addition of required plat notes. II. AUTHORITY - APPLICABLE REGULATIONS Section 5-305, Table 5-401, Table 5-103, and Section 5402 of the Land Use and Development Code. Sections 4-101 and 4-103 address procedural details. The Application was determined to be complete and an lmprovement Agreement not required pursuant to Table 5-401. Public notice was required for the Director's Decision in accordance with Sections 4-101 and 103. The Applicant wil! be required to provide evidence of compliance with the notice provisions prior to finalizing the Director's Decision. Iil.STAFF ANALYSIS 1. The Applicant's plat was referred to the County Surveyor. The Surveyors review indicated no comments or corrections needed to be made. (see attached comments) Snobble - Bazley Amended Exemption 2. The Application was referred to the County Road and Bridge Department. Their comments indicated that the existing driveways meet the Road and Bridge standards. (see attached comments) 3. The Application was referred to the County Attorney's Office for review. Additional title information in the form of a linked title commitment was requested. The additional information was provided. 5. County Staff received one request for information on the application but no public comments were received by the Community Development Department in response to the public notice. 6. Final review of the amended plat including input from the County Attorney's Office will be conducted prior to preparation of a mylar and presentation of the plat for signatures. 7. The Application meets the review criteria for amended plats contained in Section 5- 305 (C), as it does not increase the number of lots, does not result in relocation or a road or add new roads. 4. No conflicts with underlying zoning setbacks. No changes to existing easements, part of the amended plat process. 8. The Comprehensive Plan designates the Floodplain. No issues or conflicts with the plat Floodplain is also shown in detail on the draft plat. outside of the floodplain. have been noted including lot size and utilty locations, or access are poroposed as site as RH (Residential High) and amendment have been noted. The The current improvements are located Excerpt from Comprehensive Plan 2030 Future Land Use Map rq Snobble -Bazley Amended Exemption g. While a plat was not required by the original Subdivision Exemption process approved by Resolution 81-298 the current Amended Plat request is being processed consistent with the intent of the Land Use and Development Code and pre-application meetings with the Applicant. 10. Well Permits have been provided for all three lots and all three wells are drilled and existing. No changes to the lots that warrant further review of water issues are proposed. 11. lndividual sewage disposal systems exist on Lots A and B. A plat note has been included consistent with past conditions of approval clarifying that an engineered septic systems may be required and that compliance with setback requirements will be required including but not limited to setbacks from domestic wells, irrigation ditches, and ponds. 12. A map of the Snobble property was recorded in 2004 and labeled as an exemption plat. The Applicant recognizes that no County approvals were granted for the map and Snobble -Bazley Amended Exemption wishes that the current plat amendment request document for title purposes that the 2004 map is of no effect and is superseded by the current County Approval requested at this time. A plat note to that affect has been added to the plat. 13. Standard plat notes along with previous plat notes recommended by the County have been included on the draft plat. Final review of the plat by the County will include the proposed plat notes and the County Attorney's Office. tv.SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the proposed Snobble - Bazley amended Subdivision Exemption Plat is in general compliance with the Garfield County Comprehensive Plan 2030 and complies with the Garfield County Land Use and Development Code as amended and is recommended for Administrative Approva! by the Director of the Community Development 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 including the County Attorney's Office prior to submittal of the plat for final execution. All standard plat certificates and signature blocks shall be included on the amended plat including the Title Certificate and Lien Holders Certificates if there are lien holders. Said review shall include approval of the proposed plat notes. 3. All conditions of approval and review/edits to the proposed amended exemption plat shall be completed and a mylar of the proposed plat provided to the County in a form ready for signatures and recording within 90 days of the Director's Decision. 5 Snobble -Bazley Amended Exemption PHOTO EXHIBITS FROM SITE VISIT Snobbfe - Bazley Amended Exemption E L-. ,1,' .1:1. t:' ti rj :.i,.ij :j.; i i-l Garfield CountY BUILDING & PI,ANNING DEPARTMENT July 21 ,2011 Mark Chain Consulting 811 Garfield Ave. Carbondale, CO 81623 RE: Amended Subdivision Exemption Plat, Snobble - Bazley (FEXA-6M7) - Directofs Decision Dear Mark: This letter is provided to you as the Owne/s Representative for the Snobble Bazley Application for an Amended Subdivision Exemption Approval - Plat. The requelt is-to amend the property descriptions reflected in the original_Snobble Subdivision Exemption approved by Resolution No. 81-298 of the Board of County Commissioners of Garfield County and recorded in the Offie of the Garfieid County Clerk and Recorder as Reception No. 320026. The Applicants are Barbara Shobbte, James Bazley and Connie Bazley and the property is located at 5966 and 5970 County Road 109 and an adjoining vacant lot west of the above addresses. The Properties are also know by the following Assessot's Parcel Numbers: 2392-283-00-01 9, 2393.283-00-020, and 2393-283-00-02 1' The review for this Application is Administrative pursuant to Sections 5-306 and 4-104 of the Unffied Land Use Resolution of 2008 as amended (ULUR) and requires a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, or deny the request. A decision is hereby issued regarding the request for an Amended Subdivision Exemption Approvai- PIat for Exemption Lots A, B, and C modifying the lot lines and configuraiions as previously described in Resolution 81-298 of the Garfield County Board of County Commissioners- The Director's Decision is to approve the Application, including a finding that the proposed Snobble - Baztey Amended Subdivision Exemption and Plat are in general compliance with the Garfield County Comprehensive Plan 2030 and Iompty with lhe Garfield County Unified Land Use Code of 2008 as amended including but not limited to Sections 5-306, 5-501(l), and 4-104, as applicable, subject to compliance with the following conditions of approval. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director. 108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601 (970) 945-8212,- (970) 285-7972' Fax: (970) 384-3470 Z. The Applicant shall inctude the following text as plat notes on the final exemption ptat or amend the existing text to conform to following: Controt of noxious weeds is the responsibility of the prcperty owner. No open heafth soli*fuel fircplaces witl be allowed anvwhgrc _wlhyr 31 exemption. One (1) new soli&fuel buming sfove as defined by C.R.S_,2.$ 7-40i, et. seq., and the regutations promulgated thercunder, will be altowed in any duelling unit. All dwelling units will be allowed an unrcsticted number of natunl gas buming sfoyes and appliances. Atl exterior lighting shalt be the minimum amounf necessary and that all- exterior tighW be directed inward and downward, towards the interior of the subdivisioi exemption, except that provisions may be made to allow for safety lighting thatgoes beyond the property boundaies- Cotomdo is a "Nght-to Farm" Sfafe pursuant fo C.R.S. 3*g'101, et seg. Landowners, resldenfs and visitots must be preparcd to accept the activities, srghfs, sounds and smells of Garfield County's agricuftural operctions is a normal and necessary aspecf of living in a County with a strong rural charucter and a heafthy mnching secfor. Those with an urban sensitivity may perceive such activities, sighfe sounds and smells only as inconveiience,'eyesore, noise an:d odor- However, Sfafe law and County poticy provide that ranching, farming or other agricultural activities and'opeiations within Gafietd County shall not be considered to be nuisances io long as operated in conformance with the law and in a non-negligent manndr. Thercfote, all must be prepared to encounfernot'ses, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on puOiic rcatds, storage and disposa/ of manure, and the application by'sprcying or otherwiie of chemical fertilizers, soil amendments, herbicides, anA'peiticiAes, any one or more of which may naturally occur as a paft of a legal and non-niegligent agriculturul operations. All owners of land, whether runch or rcsidence, have obligations under Sfafe law and County regulations with regard to the maintenance of fenoes and inigation -ditcies, conttolling weeds, keeping livestock a^nd pets under confuol, using proryW in accordance with zoning, and other aspecfs of using and maintaining propefty. Residents and landowners are encouruged to- leam about fhese ights and responsibilities and act as god neighbors and citizens of the County. A good introductory source_ for such information is "A Guide to Rurat LMng & Small Sca/e Agriculture" put out by the Cotorado Sfafe tJniversity Extension Office in Garfield County- Addresses are to be posted where the driveway tnfersecfs the County toad. tf a shared driveway is used, fhe addnass for each home should be posted to clearly identify each address. Letters arc to be a minimum of 4'inches in heigh[, % inci in width and contracts with background color. a. b. c. e. V i3.v Combustible materials should be thinned from arcund structurcs so as fo provide a defensible space in the event of a wild land frre; and "The minerat ights assocrafed with this prcperty may not have been transferred with the surface esfafe therefore allowing the potential for natunl resource extruction on the Nopefi by the mineral esfafe owne(s) orlessee(s)-" New Sepfic Sysfems may be required to be designed by a prcfessional engineer depending on sife constraints including but not limited setback requirements from domestic wells, inigation ditches, and ponds and the potentialfor high grcund water. j. Portions of the prcpe$ are located within the 100 year floodplain as shown on the ptat. Development within the floodplain may require additionat County review and compliance with floodplain development regulations and permifting. k. Engineered foundations may be required based on the potential for high ground water on portions of the site. A plat note shall be included on the plat specifying the purpose of the plat amendment and clarifying that the plat shall replace (supersede)_previous subdivision approvals (Resolution No. 81-298 of the Board of County Commissioners) and any other recorded mapping (unapproved map recorded at Reception No. 659044). The text for the plat note shall be prepared and/or approved by the County Attornet's Office. The location of the 100 year floodplain line, as shown on the Site Constraints mapping shall be included on the Subdivision Exemption Plat. ' Thr Applicant shall provide Boundary Line Adjustment Affidavits and/or conveyance deeds as determined necessary by the County Aftorney's ffice reflecting the proposed changes to the lots. The documents shall be subiect to review and approval by the County Attomey's Office and shall be recorded concurently with the Amended Subdivision Exemption Plat. Approva! of the proposed exemption plat and plat notes shall be subject io final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a blueline of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all neoessary signatures obiained prior to presenting the plat to the Board of County Commissioners for their signature. /4 ,jn 'r-1r' 6. '9. h. 7. All conditions of approval and edits to the proposed subdivision exemption plat shall be completed and a mylar of the proposed plat provided to the County in a form ready for signatures and recording within 90 days of the Director's Decision. The ULUR requires notification to the Board of County Commissionerc for their review and potential call-up of the application for public hearing. The Board review is for a period of 10 days after which the mylar may be scheduled for signature if there is no request for call-up to a public hearing. The call-up period shall expire on July 31,2011. The Amended Subdivision Exemption Platwill be scheduled on the Board of County Commissione/s consent agenda after expiration of the call-up period and once the conditions of approval have been met. Carey Gagnon, Assistant County Attorney Board of County Commissioners Fred A. Jarman, Sincerely,4 Director of Building and Gadield Coan$ SURVEYOR SCOTT AIBNER, P.L.S Frank Harrington - High Country Engineering Scott Aibner - Garfield County Surveyor Plat Review - Amended Snobble Exemption Plat 7/t812014 To: From: Subject: Date: Frank, Upon review of the Amended Snobble Exemption Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Glenn Hartrnann - Community Development Department 109 8 th Street ,Suite 1008, Glenwood Springs, C081601 , (970)945-1377 , Fm: (970)384-3460 . e-mail:saibner@garfield-countycom rR\:l Gtenn Hartmann From: Sent: To: Subject: MichaelPrehm Thursday, July 10, 2014 6:42 AM Glenn Hartmann Snobble-Bazley Subdivision Glenn, l I have reviewed and a site visit. All three driveways leading into the suMivision, one to the West and one to the East of the address 5955 County Road 109 have driveways that meet Road and Bridge standards. I have no concerns with this adjustment. Any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell Mark Chain Consulting, LLC May 22,2014 Mr. Glenn Hartmann, Senior Planner Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Snobble Amended Exemption Dear Glenn, ,tlr yY, Attached are three copies of the updated application for the Snobble Subdivision Exemption. As we have discussed, the application is the same as submitted in 2011. That application was approved but we were unable to obtain the signatures of the three lienholders for a number of reasons. I would like to note the following: I have submitted the same plat that was updated for recording in 2011. The lot lines are staying exactly the same. The only difference is that there is now only one lienholder associated with the properties. That is Nationstar, and they are a lienholder for Lot B. I request that the plat not be updated until the end of the review so that the lienholder changes and any other changes that the County staff requires are done at one time. I have updated the neighboring property owners list as per County Code and included this update sheet (they are the same, though a few addresses have changed). I have obtained Title Commitments for all three lots through Stewart Title. They are included in hard copy. I can also transmit to you the electronic copies if that would be helpful. They are "linked" commitments. I have included the previous Community Director's Decision for your ease of review. It is my understanding that Conne Bazley sent you a letter dated April24, 2014. This letter outlined how the application met the County review criteria and it included the request for certain waivers from the submittal requirements. I am including an unexecuted copy in the application. The updated application includes the application fee, fee payment agreement form, letter authorizing me to act as representative for the land use application. I have included most portions of the previous application submittals, but removed portions that were no longer relevant or have been repeated. I included all of the information on the well permits, testing, etc. 8l I Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC ln summary, I believe I have included all of the updates and information that we discussed at our pre-application conference. Please contact me if you need additional information or if you have any questions. Thank you in advance for helping us finalize this updated application and move toward final approval and recordation for the Snobble/Bazley families. Sincerely, 1,^ 41 e L-- Mark Chain, AICP 8l I Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax970.963.2916 mchain@sopris.net 108 8th Street, Suite 401 Glenwood Springs, CO 81601 l970l94s-82t2 www. ga rfiel d-counW.com DIVISIONS OF LAND APPLICATION FORMCommunity Development Department i wPE oF suB_DlvlsloN/ExEMPTIoN ,tr Minor Subdivisioni--- : Major Subdivision , tr !ke*tg! EJ e1ellmLlew tr Firyl , Conservation Subdivision: .--' , tr yieta E Sketch E Preliminary EI Final i u rime i*i"niton P;;ii;fi;''.e1,,"n,""j;;;i Final Plat Amendment Com mo 1 ln!efe:!,Co_m 1n u n!!y S_9 bdiv!9!o 1 Pub!iclco-u1!y Road Split Exem ption Rural Land Development ExemPtion tr F_- tr n n I owner/Applicant }7,1-O*W S f..to tsBLE- ;Ay\€+ VhzLti1 , , ru"r., c r r'ur= ?47-t -Y Phone: Q21 6 t E^- <&q f : i,q+L;;-a- E-mail: i- ----.. : ll,ane:. (Y\A!-V.- ( tli4lt"t Phone: ( l-t,.t 1 t -'-3o4 -)Lsr' C- MailingAddress: btt 4 A** *-l frte . city: CA,LDail--[) *utl state: C 0 Zip code:*tL)e i Physical/Street Address: LegarDescription, I try (TAaex) 1-C o* Jvttl 9XoBtst-t/ 5 qhttvtl torl EYen Tl) u Property Size (acres): 7 . doZone District:R ( O.t- Mairing Address: <n (t zP- to9 citv: ClQQlt{Dfi-r- starc'Cc) Zipcode: & 6a + I Project Description Existing Use: Proposed Use (From Use Table 3-4Oll: 5/fro,,, Description of Project: L-4 l-.t 9/tAe d;il;d ilreiopment nrea # of Lots7 I # of Units ,.1-a... -.-.-../. - -- I i I I ; I Acleag-e Parking lr o, land -Use Type_ ; Duplex Mutti-Family Commercial tndustriat Open lpgce Other Total . REQUEST FOR WAIVERS qY4--'r.'.."- '. 1 1 --1-- - - Submission Requirements I The Applicant requesting a Waiver of Submission Requirements per Section 4-202- List: Section: Section: Section: Section: : Waiver of Standards E The Applicant is requesting a Waiver of Standards per Section 4-11-8. List: r/ section: hfi\eL€ 1 - Dlvtgu.lsection: ,4uircrl' 7 - \lU? section: ,) t-ltc t-( 1 - J>tu. Z- Section: I have read the statements above and have provided the required attached information which is OFFICIA.L USE ONLY -: File Numben LElA ?E \ tav tNtY - Date .0o i Fee Paid: S \A(t.- . I ry r,€ l<ry- Ov apS and accurate to the best of my knowledge. q5 PAYMENT AGREEMENT FORM GARFTELD COUNry (',COUNTX") and Propefty Owner ("APPLICANT") CI6?wo E luffits-, lOrnF. f^*At X C.y*E ?ya+:l**t asreeasfollJws: The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project' The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 2. 4. I hereby agree to pay all fees related to this application: Billing conta ctperson: C.rl P.EAtl+Lfu Phone: 0)<l-l b b- Sfr { Billing Contact Address: Billing Contact Email: Printed Name of Person Authorized to Sign: C'N-F{ Tl l'*l*e7 t( f,/1 l.)ottl (Date) Applicant has submitted to the County an application for the following Project: citv: @-bl*-tD A<-A state: Q Zip code: B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision lmprovement Agreement, if necessary I have read the statements above and have provided the required attached information which is correct and accurate",tq the best of my knowledge. May 5,2014 Glenn Hartmann, Senior Planner Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Snobble Amended Exemption Dear Kathy: This letter authorizes Mark Chain of Mark Chain Consulting,LLC to submit an application to amend the Snobble Exemption, which was approved by the adoption of Resolution NO. 8l-2gg by the Garfield County BOCC. The Exemption is made up of three lots and the general address is 5970 CR 109. My husband, Jim Bazley and I own Tract B. My mother, Barbara Snobble, owns Tracts A and C. This letter also authorizes Mark Chain to represent the owners during any discussion in the land use and administrative review process. Sincerely, (,'9/r, Barbara Morris Snobble .b*-*}A"Q('ffiiJ April24,2014 Mr. Glenn Hartmann, Senior Planner Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Snobble Amended Exemption Dear Glenn: Thanks for meeting with Mark Chain and I a number of weeks ago. We are resubmitting our application and providing the copies that you specified in your pre-application summary letter. Nothing has changed regarding the application from the approval obtained in 2011. The lots are the same as per 2011; lot areas, lot line configuration, easements, etc. All the plat notes are the same that were previously approved per the Director's Letter of Decision dated July 21,2011. The only change is that 2 of the lienholder's have been paid off and the only remaining lienholder is Nationstar. We propose that you accept the "approved plat" from 20011but that we don't make any changes until you have re- approved the project. Then we will have the other 2 lienholder's and the certificates removed as well add any other changes or plat notes that you may require. Nationstar is the only lienholder associated with the project at this time - the other two have been paid off. Ownership by lot is noted below. . Lots A & C: Barbara Snobble. Lot B: Conne & James Bazley Quit claim deeds have been prepared by Stewart Title for allthree lots that include all of the property that will be swapped between the lot owners. As you know, Lots 1 and 2 are developed and shortly after recordation a building permit will be submitted for Lot 3. All constraints have been mapped as per the previous approval. We believe that the review criteria for an amended Final Plat are met per section 5-305 C. These criteria are:. The application does not increase the number of lots; . lt does not result in a major relocation of a road, or add any additional roads; . lt will correct technical errors such as surveying or drafting errors. Per the county application form, we are requesting waivers from the Submission Requirement per section 4-202 for selected items. There are no protective covenants for the subdivision (Section 5-402 F (16)) and we request that plat notes and some related items on the plat not be modified until final approval as noted above (section 5 -402 F (18)). Finally, we are requesting waivers per Section 4-118 from enumerating and justifying compliance with all Development Standards contained in Article Vll, Division 1 through 3. These items have been previously addressed or are not applicable because the original subdivision exemption was approved in 1981 . Please feel free to contact me by e-mail or phone if you have any questions. Thank you in advance for your attention to this application. Sincerely, Conne Bazley l