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3.0 Amended Final Plat
GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.garfield-county.com AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: / vvna,eo.54 g'V4 5 4-Y /-1- ,q,.Fps; co,,:-..- e4e,g0A., �`¢c on/ &:;, (JA/7Y /Po 4 2 Mo > Legal Description: 56e E xht / /3 r '>1 a (4--r7-4- c/-1E/D) > Subdivision Name: /`f, t-r,c4.Y 8En/a P-4-A/C.14- >. Description of Proposal: ;,: V/ 5,= Wa,20 /it/ o i� P4 4-r Norte iia C 44,Q/ FY 54./03l> 1//s/QA/ Co -t/.5 r..& GT/o' ( CP v/,e4:5 A-ftAv TS ,' ,,e s / Tib ,#Ar 4, Pe ,o-iA/1-c--v- _iee= ,27 4-AfL5 ro .a. /A/ 40i ✓/ 0 c.4 -h- -'- o 7-5. ` ctA: v,cia --. : P. u . )( i X w (LL Co k /6 J > Name of Property Owner (Applicant): R .4 v At-ei.re5. e4, 6y ;IQ > Address: Soy' S,¢,v,v s' 4.¢,v, • Telephone: 25-6-237-7Z eci > City: AA/N / 5 Toy/ State: /41- Zip Code;3G ZO 7 FAX: se, g D 1 v 1 S i OK ©W ,v `t_,t S -SCE ?'TT 4-c 4,1 P 44. r rn-G : "%a' K 57 4, At i- y4 Ou.,n/a.es c. .c h 0 7- 4/- .4/o m77Y-.9-2. Amts Nivis /3,f GA/ SoA.J. Name of Owner's Representative, if any (Planner, Attorney, etc): %,4-Xz C y /t// C/1--0 4 /o,e( $ E..v�. ,v•. r,e / A/ L. 4, C . > Address: Se Z /1/4-/4/ 57`.-/ Su,Tg: 4-3 Telephone: 970— 7044-0 3/ ( City: State: C 0 Zip Code:8 /G L 3 FAX: STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: Zone District: 1 ocl 3 i 2003 Last Revised: 11/21/02 (l.R'r;L...) 1 JNTY BUILDINr- ANNINC.; • • Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the $150.00 Base Fee with the application. 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I have read the statements above and have provided the required attached information which is correct an ccurate to the best of my knowledg VO • (Signature of applicantI wner) Date • • • • • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and – -o.ee- Ail. l. 'B Y (hereinafter APPLICANT) agree as follows: ��// 1. APPLICANT has submitted to COUNTY an application for /7"i'-ret o CB,P/Z EC re 0 PA 4 T (hereinafter, THE PROJECT). /4-0u0 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. 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. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: /o/3//O 3 Get9RC-g /k K QY Print Name Mailing Address: So 5 54n/iv y `." /4A6V/5Top✓, ,4L 36Zo-7 Page 4 0 1.40 waJ 0 bran IMENEF- EIN N z N O NomQ1 U -Ism 0 MNt W 1-11 M-11.-11/au" r' m dam 1•01 =poi -- r = m BM am o lila "1 CD MIN G) �M� N �mm =r FILE NO. 9912032 411 EXHIBIT "A" A parcel of land situated in Government Lots 7, 8, 12, 13 and 18 in Section 35, and in Government Lots 14 and 15 in Section 36, Township 7 South, Range 88 West of the 6TH Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on an existing fenceline from which the witness corner for the South Quarter Corner of Section 35, a No. 6 rebar found in place bears South 35°31'57" West a distance of 3156.83 feet; thence North 71°05'34" East a distance of 20.19 feet to a No. 5 rebar at the southerly line of Parcel 2 of the Day Subdivision Exemption; thence North 89°38'00" East along said southerly line, a distance of 38.34 feet to a rebar and cap, pls # 27613 at the Southwest corner of Parcel 3 of the said Day Subdivision Exemption; thence North 89°38'00" East along the southerly line of said Parcel 3, a distance of 374.37 feet to a rebar and cap, pls # 26950 on the southerly line of said Parcel 3; thence North 89°20'57" East a distance of 287.67 feet along said southerly line to a rebar and cap, pis # 27613 at the Southeast corner of said Parcel 3; thence North 22°04'54" East a distance of 66.34 feet along the easterly line of said Parcel 3 to a rebar and cap, pis # 27613; thence North 13°22'48" East along said easterly line, a distance of 76.62 feet along said easterly line; thence South 68°35'45" East along said easterly line a distance of 68.78 feet to the section line common to Sections 35 and 36; thence South 00°33'05" East along said section line a distance of 13.99 feet to the Northwest corner of Government Lot 14 in Section 36; thence North 89°53'49" East a distance of 1210.49 feet to a rebar and cap, pls # 26950; thence South a distance of 740.00 feet to a rebar and cap, pls # 26950; thence South 72°44'29" West a distance of 264.93 feet to a rebar and cap, pis # 26950; thence South 30°22'30 West a distance of 251.43 feet to a rebar and cap, pls # 26950; thence North 89°58'08" West a distance of 420.28 feet to a rebar and cap, pls # 26950; thence North 6°19'05" West a distance of 252.12 feet to a rebar and cap, pls # 26950; thence North 78°29'52" West a distance of 277.46 feet to a rebar and cap, pls # 26950; thence South 66°12'16" West a distance of 185.69 feet to a rebar and cap, pls # 26950; thence North 62°09'01" West a distance of 155.56 feet to a rebar and cap, pis # 26950; thence North 78°31'47" West a distance of 82.93 feet to a rebar and cap, pls # 26950; thence North 65°12'47" West a distance of 389.37 feet to a point on a fenceline being a rebar and cap, pls # 26950; thence along said fenceline North 00°40'07" East a distance of 585.69 feet TO THE POINT OF BEGINNING. Together with a 60 foot road easement located in Lot 15 of Section 36, Township 7 South, Range 88 West of the 6Th P.M., County of Garfield, State of Colorado, the centerline of said easement being more particularly described as follows: Beginning at a point from which the witness corner for the South Quarter Corner of said Section 35 bears South 86°25'13" West a distance of 3327.57 feet; thence North 08°23'59" East a distance of 1119.78 feet; thence North 00°01'52" East a distance of 328.76 feet to a point which is the terminus and from which the witness corner fo- the South Quarter Corner of Section 35 bears South 64°24'42" West a distance of 3808.84 feet. • • Amended and Corrected Plats Application Mayfly Bend Ranch Subdivision October 30, 2003 II. Application Submittal Requirements A. 1. Narrative explaining why the amended plat is being requested. This plat amendment is proposed to clarify the intent of the language used in plat note #10. The first sentence of plat note #10 reads "Building finished floors shall be designed a minimum of 18" above natural grade." This plat note was intended only to affect the site-specific drainage plan of the building lots. This was not a requirement of the Planning Department during the subdivision review, and none of the lots in the subdivision are within the FEMA 100 year -flood plain. The zoning code, section 2.02.09 — Building Height: refers to "the undisturbed or natural ground surface," and in this case, when these two stipulations are conjoined, the maximum allowable building height is interpreted to be 23.5 feet (vs. 25 feet allowed by 2.02.09). This was not the intent of the original plat note. This amendment proposes to remove the first sentence of plat note 10, since the remaining language of that plat note requires that a site-specific drainage plan be developed by a registered professional engineer in the State of Colorado. Additional language has been added to the plat note to insure the intended drainage objectives. 2. The applicant(s) are George R. and Farley S. Kilby, owners of the Subdivision, and a letter consenting to this requested plat change by the only current lot owners, Timothy F. and Kathryn S. Stainton, is attached. 3. The requested plat amendment does not result in any change in boundary line adjustments. • • 10) EXTERNAL GRADING AROUND THE BUILDING SHALL HAVE POSITIVE DRAINAGE AWAY FROM BUILDING, A MINIMUM OF ONE FOOT IN TEN FEET IN LANDSCAPE AREAS, OR THREE INCHES IN TEN FEET FOR CONCRETE OR ASPHALT AREAS. NO BASEMENTS WILL BE ALLOWED DUE TO THE PRESENCE OF HIGH GROUND WATER. AT BUIDING PERMIT, A SITE SPECIFIC STUDY SHALL BE CONDUCTED FOR INDIVIDUAL LOT DEVELOPMENT, FOUNDATION DESIGN, GRADING, DRAINAGE AND ANY SCOUR MITIGATION FROM A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF COLORADO. • • George R. Kilby 505 Sandy Lane Anniston, AL 36207 October 25, 2003 Mr. Mark Bean, Director Garfield County Planning Department Glenwood Springs, CO 81000 Dear Mark, Thanks for the time and advice that you gave Tim and me on Thursday. After we left, I got concerned as to what the PD had said about the flood plain and conditions of approval, and looked into the matter. Following is an analysis that I did as background for Yancy. The Staff Report for the Mayfly Bend preliminary plan contained two conditions of approval that pertained to the flood plain and drainage. Those were COA #11 and COA #12. Following is an analysis of those COAs and the action that we took to satisfy them. Condition of Approval #11 a) Hepworth-Pawlak Geotech's recommendations shall be followed. MBR action taken: HPG report attached to Covenants by reference. b) Site-specific studies shall be conducted for individual lot development. MBR action taken: Included this requirement in Plat note #10. c) The need for site-specific studies shall be disclosed in the covenants and on the plat in the form of a plat note. MBR action taken: Put note #10 on the plat and Article 5 Section 6 in Covenants. d) A hydrologist shall evaluate the potential flooding at the site. MBR action taken: Had AquaTerra LLC do a study and submit a report. e) Evidence of such investigation shall be provided to the staff at least four (4) weeks prior to the BOCC hearing on the preliminary plan, to enable staff to review the information, make comments, and request amendments as needed. MBR action taken: Submitted AquaTerra report to Staff as required Condition of Approval #12 a) In accordance with the recommendations of the U.S. Geological Survey, a hydraulics or hydrological engineer shall be consulted for the fmal building foot print location on Lot 3 and design of riprap or other scour mitigation if it is warranted. MBR action taken: Had AquaTerra LLC do a study and submit a report. • • b) Appropriate disclosure shall be included on the plat and in the covenants. MBR action taken: Put note #l0 on the plat and Article 5 Section 6 in Covenants. c) Evidence of said disclosure shall be provided to staff at least four (4) weeks prior to the BOCC hearing on the preliminary plan to enable staff to review the information, make comments and request amendments as needed. MBR action taken: Plat and Covenant delivered to staff as required. Plat note #10 was placed on plat to meet requirements of COA 11, c) & COA 12, b) Text of plat note #10 a) Building finished floors shall be designed a minimum of 18" above natural grade. No requirement for this statement is found in any Planning Department staff report or minutes of any hearing. This was a recommendation by Sopris Engineering to improve drainage of the building site. b) No basements will be allowed due to the presence of high ground water. The HPG report recommended this under FOUNDATION c) At building permit, a site specific study shall be conducted for individual lot development, foundation design, grading, drainage, and any scour mitigation by a registered professional engineer in the State of Colorado. The HPG report recommended all site-specific studies listed except that U.S. Geological Survey recommended scour mitigation. It is clear from the ahoyc analysis that the requirement for the finished floor elevation to be 18" a iovp the existing gaturol grade was not a requirement of the Garco Planning Depnrtm pt, discussed this ni tter with Yanwy Friday *won on and he Wi4 prgb hl' 944 YR Monday. Thanks for your assistance in resolving this matter. Best regards, George R. Kilby Cc-Yancy Nichol Tim Stainton Oct 20 03 02:14p • • George R. Kilby 505 Sandy Lane Anniston, AL 36207 October 20, 2003 Mr. Mark Bean — Director Planning Department Garfield County, CO Via Fax: 970-384-3470 Dear Mark, As you know, Sopris Engineering prepared the plat for the Mayfly Bend Ranch Subdivision. and we have just learned from Tim Stainton, the owner of Lot #1 that the wording of plat note 1410, which reads: `Building finished floors shall be designed a minimum of 18" above natural grade" has effectively restricted the maximum allowable height of his house to 23.5 feet. Sopris intended that this plat note would require the building sites on the river to be raised 18" above existing grade for additional flood protection, but not to affect the maximum height of the structure. Although not intended, we cannot disagree that the interpretation of this plat note and Section 2.02.09 of the zoning code referencing "the undisturbed or natural ground surface" could have the effect of reducing the maximum height of this structure to 23.5 feet above finished floor elevation. Sopris Engineering has provided site, drainage and septic design for this structure and is confident that these designs are based on sound engineering principles, and are appropriate for this location. The FEMA 100 year flood plain gradient adjacent to this lot is 3 feet lower than the natural grade of the building envelop, but Sopris advised this additional flood protection, even though it was not required by the County, because the FEMA data is old and because there has been work on the river channel in this area. Sopris intended that the raised site elevation (natural grade +18") would become the elevation used for architectural purposes (such as finished floor elevation and roof height measurement). We understand the reason for the height restrictions and reference to the "undisturbed or natural ground surface" in the code, and realize that a builder could defeat the purpose of this restriction by unreasonably raising the building site elevation prior to the application of the height restriction. We can assure the County that this is not the Stainton's intent. In this case the undisturbed elevation of the building envelop was 6205.0 ft. and for architectural and construction purposes Sopris Engineering intended that the site elevation should be established at 6206.5 ft. In order to clarify the intent of this plat note for future consideration we have asked Sopris to revise the first sentence so that it reads as follows: "Since Lot #1 and Lot #3 are flood prone due to their river front location, the undisturbed natural grade of the building site on these lots shall be raised 18" in order that a building permit may be issued for the construction of a dwelling thereon. The Garfield County Zoning regulation 2.02.09 governing Building Height shall be measured from the newly established building site elevation." The remainder of the plat note wording would not be changed. p.1 ..FATE!VED JCI 2 0 2003 (ARI IEW vUUNTY BUILDING & PLANNING Oct 20 03'02:14p • • We will submit this revised plat through the normal review process, or as directed by the Planning Department, but a delay in issuing a building permit might force the Staintons to postpone construction until next spring with significant cost implications, and a redesign of their structure to reduce the height by 1.5 feet would be costly and also cause delay. The location of this building site is such that no other lot owner would be adversely affected by raising the profile of this house by 18", and the Mayfly Bend Architectural Committee has approved their design as submitted. In an unrelated matter, but one that we believe is significant with respect to the Stainton's commitment to the subdivision and the neighborhood, they have agreed to the installation of a pond for storage of fire protection water on the NDE portion of their lot. This pond will be a joint venture between the Staintons, the developers (Kilbys) and the Ilomeowners Association, and will be for the benefit of the CRFPD, Mayfly Bend homeowners and the other homeowners in the area. We anticipate that in the course of time this supply of water for fire protection will be expanded to provide piping and a fire hose connection at each of the houses in the Subdivision. We hope that the Planning Department can support an administrative decision to promptly grant a building permit for this project with the understanding that we, as developers, will follow up on the matter as directed by the Planning Department. Thank you for your consideration. Best regards, George R. Kilby Cc. Steve Hackett — Garfield Planning Department Yancy Nichol — Sopris Engineering Tim Stainton — Stainton Hyle Excavation Tereasa — Per our phone conversation today, please distribute copy to Steve Hackett, Thanks, Geo Kilby p.2 Oct 20 03 02:17p • • We will submit this revised plat through the normal review process, or as directed by the Planning Department, but a delay in issuing a building permit might force the Staintons to postpone construction until next spring with significant cost implications, and a redesign of their structure to reduce the height by 1.5 feet would be costly and also cause delay. The location of this building site is such that no other lot owner would be adversely affected by raising the profile of this house by 18", and the Mayfly Bend Architectural Committee has approved their design as submitted. In an unrelated matter, but one that we believe is significant with respect to the Stainton's commitment to the subdivision and the neighborhood, they have agreed to the installation of a pond for storage of fire protection water on the NDE portion of their lot. This pond will be a joint venture between the Staintons, the developers (Kilbys) and the Homeowners Association, and will be for the benefit of the CRFPD, Mayfly Bend homeowners and the other homeowners in the area. We anticipate that in the course of time this supply of water for fire protection will be expanded to provide piping and a fire hose connection at each of the houses in the Subdivision. We hope that the Planning Department can support an administrative decision to promptly grant a building permit for this project with the understanding that we, as developers, will follow up on the matter as directed by the Planning Department. Thank you for your consideration. Best regards, George R. Kilby Cc. Steve Hackett — Garfield Planning Department Yancy Nichol - Sopris Engineering Tim Stainton - Stainton Hyle Excavation Tereasa - Pcr our phone conversation today, please distribute copy to Steve Hackett, Thanks, Geo Kilby p.1 o • tip November 4, 2003 Mr. Mark Bean, Director Garfield County Planning Department Glenwood Springs, CO 81601 NOV 0 4 2003 GANt- : L,QUNTY PI .ANNING RE: Mayfly Bend Ranch Subdivision - Amended Plat Application SE Job No. 20065.01 Dear Mark: This letter is to confirm that none of the Mayfly Bend Ranch Subdivision lots are within the FEMA 100 year flood plain, and to explain the background of plat note #10 as it was expressed on the original plat. Except for the first sentence, this note #10 was placed on the plat to satisfy the Conditions of Approval #11 and #12 that were required by the Planning Department during the subdivision review process. George Kilby's letter to you dated 10/25/03 details. The development of these Conditions of Approval and the actions taken to satisfy them. The first sentence of plat note #10 was not required by the Planning Department, but rather was included by Sopris Engineering to insure adequate drainage at the building sites. We did not foresee the conflict with the language in Section 2. 02.09 of the Zoning Code that defines building height, and did not intend that this note would affect maximum allowable building height. We have restated the first sentence of note #10 on the amended plat such that it specifically addresses site drainage and makes no reference to floor elevation. We trust that this change will resolve the misunderstanding and result in adequate drainage for the structures. Sincerely, SOPRIS ENGIN ERING, LLC Yancy Nichol, Principal 502 Main Street • Suite A3 ❑ Carbondale, CO 81623 ❑ (970) 704-0311 ❑ Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants 110-1-REGLIVED G ; G ; l "GGAi i=='- ( urn `r' gU� SUll..u:N & PANNING October 31, 2003 Mark Bean Director of Planning Dear Mark: 7437 A. County Road 117 Glenwood Springs, CO 81601 970.928.7675 (h) 970.618.4238 (c) As owners of lot 1 in the Mayfly Bend sub -division; we would like to show our consent in regards to the application for the amended and corrected plat dated Friday, October 31, 2003. With Regards c-377 Timothy & Silbi Stainton • • Amended and Corrected Plats Application Mayfly Bend Ranch Subdivision October 30, 2003 II. Application Submittal Requirements A. 1. Narrative explaining why the amended plat is being requested. This plat amendment is proposed to clarify the intent of the language used in plat note #10. The first sentence of plat note #10 reads "Building finished floors shall be designed a minimum of 18" above natural grade." This plat note was intended only to affect the site-specific drainage plan of the building lots. This was not a requirement of the Planning Department during the subdivision review, and none of the lots in the subdivision are within the FEMA 100 year -flood plain. The zoning code, section 2.02.09 — Building Height: refers to "the undisturbed or natural ground surface," and in this case, when these two stipulations are conjoined, the maximum allowable building height is interpreted to be 23.5 feet (vs. 25 feet allowed by 2.02.09). This was not the intent of the original plat note. This amendment proposes to remove the first sentence of plat note 10, since the remaining language of that plat note requires that a site-specific drainage plan be developed by a registered professional engineer in the State of Colorado. Additional language has been added to the plat note to insure the intended drainage objectives. 2. The applicant(s) are George R. and Farley S. Kilby, owners of the Subdivision, and a letter consenting to this requested plat change by the only current lot owners, Timothy F. and Kathryn S. Stainton, is attached. 3. The requested plat amendment does not result in any change in boundary line adjustments. • • 10) EXTERNAL GRADING AROUND THE BUILDING SHALL HAVE POSITIVE DRAINAGE AWAY FROM BUILDING, A MINIMUM OF ONE FOOT IN TEN FEET IN LANDSCAPE AREAS, OR THREE INCHES IN TEN FEET FOR CONCRETE OR ASPHALT AREAS. NO BASEMENTS WILL BE ALLOWED DUE TO THE PRESENCE OF HIGH GROUND WATER. AT BUIDING PERMIT, A SITE SPECIFIC STUDY SHALL BE CONDUCTED FOR INDIVIDUAL LOT DEVELOPMENT, FOUNDATION DESIGN, GRADING, DRAINAGE AND ANY SCOUR MITIGATION FROM A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF COLORADO. ♦. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and 6:76 -c) -24-e /` / G. 's (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 4A-1,.: A/ J t a �01' Cb,e2 e.c re o P447— (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. 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. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by tilt. COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: /o/3//0 3 Ai 4. 8 (7> Print Name Mailing Address: So 5" ,ivr// 5 ro A/ ,4L 36 z07 Page 4 • • George R. Kilby 505 Sandy Lane Anniston, AL 36207 October 25, 2003 Mr. Mark Bean, Director Garfield County Planning Department Glenwood Springs, CO 81000 Dear Mark, Thanks for the time and advice that you gave Tim and me on Thursday. After we left, I got concerned as to what the PD had said about the flood plain and conditions of approval, and looked into the matter. Following is an analysis that I did as background for Yancy. The Staff Report for the Mayfly Bend preliminary plan contained two conditions of approval that pertained to the flood plain and drainage. Those were COA #11 and COA #12. Following is an analysis of those COAs and the action that we took to satisfy them. Condition of Approval #11 a) Hepworth-Pawlak Geotech's recommendations shall be followed. MBR action taken: HPG report attached to Covenants by reference. b) Site-specific studies shall be conducted for individual lot development. MBR action taken: Included this requirement in Plat note #10. c) The need for site-specific studies shall be disclosed in the covenants and on the plat in the form of a plat note. MBR action taken: Put note #10 on the plat and Article 5 Section 6 in Covenants. d) A hydrologist shall evaluate the potential flooding at the site. MBR action taken: Had AquaTerra LLC do a study and submit a report. e) Evidence of such investigation shall be provided to the staff at least four (4) weeks prior to the BOCC hearing on the preliminary plan, to enable staff to review the information, make comments, and request amendments as needed. MBR action taken: Submitted AquaTerra report to Staff as required Condition of Approval #12 a) In accordance with the recommendations of the U.S. Geological Survey, a hydraulics or hydrological engineer shall be consulted for the fmal building foot print location on Lot 3 and design of riprap or other scour mitigation if it is warranted. MBR action taken: Had AquaTerra LLC do a study and submit a report. • • b) Appropriate disclosure shall be included on the plat and in the covenants. MBR action taken: Put note #10 on the plat and Article 5 Section 6 in Covenants. c) Evidence of said disclosure shall be provided to staff at least four (4) weeks prior to the BOCC hearing on the preliminary plan to enable staff to review the information, make comments and request amendments as needed. MBR action taken: Plat and Covenant delivered to staff as required. Plat note #10 was placed on plat to meet requirements of COA 11, c) & COA 12, b) Text of plat note #10 a) Building finished floors shall be designed a minimum of 18" above natural grade. No requirement for this statement is found in any Planning Department staff report or minutes of any hearing. This was a recommendation by Sopris Engineering to improve drainage of the building site. b) No basements will be allowed due to the presence of high ground water. The HPG report recommended this under FOUNDATION c) At building permit, a site specific study shall be conducted for individual lot development, foundation design, grading, drainage, and any scour mitigation by a registered professional engineer in the State of Colorado. The HPG report recommended all site-specific studies listed except that U.S. Geological Survey recommended scour mitigation. It is clear from the abpye analysts that the requirement for the finished floor elevation to be 18" glove the exikting natural grade was not a requirement of the Garco Planning Departromf, I discussed this ~nater with Yancy Fricday afternoon and he wif l P qh' 17Iy 4~4•11)'P4} Monday. Thanks for your assistance in resolving this matter. Bes; regords, George R. Kilby Cc Yancy Nichol Tim Stainton AMENDED AND CORRECTED PLATS APPLICATION • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.qarfield-county.com GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: 1:2>vi-, ,e 0.54 RZ/g5 4'44'' / i ,`//. 4 45 a< e4t,eF3a.., #e— on/ &a cl.vr y Po 4a /oa > Legal Description: SEC L x1,F / •3 r '>9 " (4-7-r* cW6') > Subdivision Name: /`�,¢y,c Y ,egE/vc' E.4-.A/Chc > Description of Proposal:/ o �_ (/i 5.6 G✓o .e,.7 / n/t~ © lc Pz 4-7- fvev- 70 C 44742/ F Y 5 /#),v'//7"/Ca4/S .-r'(o4 / /,ecptJ/.ergA46N r$ Fe',e 5/ .7 ,#•v i, PeA9t/A/1-c--� .,..4,-.+fs "---0-g, /A i to. ✓/ 7 ugh. .c. O 5. 3116 c54 1) -c), eitNic fVs4,Ce k.ae/b ,)., > Name of Property Owner (Applicant): .2/2Ge R. 4w, /-4-&Ei 5 Ic Fid c 7z5d1 > Address: 5135- 5,*,7.0 ' 44-A/6' Telephone: ZS/- Z37- > City: ,4,vA/ / s rod/ State: A- I__ Zip Code3G Zo 7 FAX: 4f -5c3 FSaI vIs. ON" ©ca.a -eS-SEE 4-rr4c�F_' 4te7TA-!2: 77 -PK. c� 0-1 N 6.eS o ie h. 0 T�/- .ti/ e m TA/ -4.5-2 A - m T-5 /?'1-v( /1,64/ > Name of Owner's Representative, if any (Planner, Attorney, etc): 5-r4�AlroAl S o ii9. 4,C. "":4-x/ C Y /1, c. -I-04 /.'o,e,s 6v-,A/�r,2/A4 > Address: So 2. e4 -ix/ 5, .Su, r 43 Telephone: 970- 7c--40 3/ f , ➢ City: ‘ .d D,E State: C O Zip Coder/GZ 3 FAX: STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: Eiu > Zone District: nr~ f 9003 1 GAi E ib IJ (.;OUN 4 Last Revised: 11/21/02 131li DING PU\NNIN( • • Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the $150.00 Base Fee with the application. 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I have read the statements above and have provided the required attached information which is correct an.��ccurate to the best of my knowledge (Signature of applicant/•wner) 5 Date MEM _ o uu, o 0 r MINsf- NZ no a) MEI a. -10110 _o w H N asmai t ""v m m —m0) N FILE NO. 9912032 411 EXHIBIT "A" • A parcel of land situated in Government Lots 7, 8, 12, 13 and 18 in Section 35, and in Government Lots 14 and 15 in Section 36, Township 7 South, Range 88 West of the 6TH Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on an existing fenceline from which the witness corner for the South Quarter Corner of Section 35, a No. 6 rebar found in place bears South 35°31'57" West a distance of 3156.83 feet; thence North 71°05'34" East a distance of 20.19 feet to a No. 5 rebar at the southerly line of Parcel 2 of the Day Subdivision Exemption; thence North 89°38'00" East along said southerly line, a distance of 38.34 feet to a rebar and cap, pls # 27613 at the Southwest corner of Parcel 3 of the said Day Subdivision Exemption; thence North 89°38'00" East along the southerly line of said Parcel 3, a distance of 374.37 feet to a rebar and cap, pls # 26950 on the southerly line of said Parcel 3; thence North 89°20'57" East a distance of 287.67 feet along said southerly line to a rebar and cap, pls # 27613 at the Southeast corner of said Parcel 3; thence North 22°04'54" East a distance of 66.34 feet along the easterly line of said Parcel 3 to a rebar and cap, pis # 27613; thence North 13°22'48" East along said easterly line, a distance of 76.62 feet along said easterly line; thence South 68°35'45" East along said easterly line a distance of 68.78 feet to the section line common to Sections 35 and 36; thence South 00°33'05" East along said section line a distance of 13.99 feet to the Northwest corner of Government Lot 14 in Section 36; thence North 89°53'49" East a distance of 1210.49 feet to a rebar and cap, pls # 26950; thence South a distance of 740.00 feet to a rebar and cap, pls # 26950; thence South 72°44'29" West a distance of 264.93 feet to a rebar and cap, pls # 26950; thence South 30°22'30 West a distance of 251.43 feet to a rebar and cap, pls # 26950; thence North 89°58'08" West a distance of 420.28 feet to a rebar and cap, pls # 26950; thence North 6°19'05" West a distance of 252.12 feet to a rebar and cap, pis # 26950; thence North 78°29'52" West a distance of 277.46 feet to a rebar and cap, pls # 26950; thence South 66°12'16" West a distance of 185.69 feet to a rebar and cap, pls # 26950; thence North 62°09'01" West a distance of 155.56 feet to a rebar and cap, pls # 26950; thence North 78°31'47" West a distance of 82.93 feet to a rebar and cap, pls # 26950; thence North 65°12'47" West a distance of 389.37 feet to a point on a fenceline being a rebar and cap, pls # 26950; thence along said fenceline North 00°40'07" East a distance of 585.69 feet TO THE POINT OF BEGINNING. Together with a 60 foot road easement located in Lot 15 of Section 36, Township 7 South, Range 88 West of the 6Th P.M., County of Garfield, State of Colorado, the centerline of said easement being more particularly described as follows: Beginning at a point from which the witness corner for the South Quarter Corner of said Section 35 bears South 86°25'13" West a distance of 3327.57 feet; thence North 08°23'59" East a distance of 1119.78 feet; thence North 00°01'52" East a distance of 328.76 feet to a point which is the terminus and from which the witness corner for the South Quarter Corner of Section 35 bears South 64°24'42" West a distance of 3808.84 feet.