HomeMy WebLinkAbout1.0 ApplicationFinal Plan Application for:
Mahan Subdivision
Garfield County, CO
Prepared for:
Mahan Properties
0648 County Road 126
Glenwood Springs, CO 81601
Prepared by:
MOUNTAIN CR
OSS
ENGINEERING, INC.
11&)„Civil and Environmental Consulting and Design
826 112 Grand Avenue Glenwood Springs, CO 81601
ph 970.945.5544 fx 970.945.5558 www.mountaincross-eng.com
Date: 4111111111111111111119111111111111
September, 2008
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826'1 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www. mou nto i ncross-eng.com
September 5, 2008
MOUNT/MN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
Board of Commissioners of
Garfield County, Colorado
CIO Mr. Fred Jarman
Garfield County Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Final Plat Application for Mahan Subdivision
Dear Fred:
Attached for your use and review is the Final Plat application for the Mahan Subdivision.
The Mahan Subdivison Preliminary Plan was approved by the Board of County
Commissioners on September 5, 2006 with conditions. On July 2, 2007 the Board of
County Commissioners approved an extension for filing a Final Plat application.
Attached is the Final Plat application with the additional information required. The
immediate attachment to this letter details the submittal requirements.
Thank you for your consideration. It is greatly appreciated. We look forward to working
together through the review process. Feel free to call with any questions or comments.
Sincerely,
Mountain Cross Engineering, 1 �.
Chris Hale, PE
c
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
This attachment is intended to be an explanation of the submittal requirements as well as
facilitate and expedite searching for submitted information. The following sections of the
Garfield County governing documents were determined to be those applicable to the
attached application:
Subdivision Final Plat Application and Agreement for Payment Form:
Subdivision Final Plat Application, Copy of Application Fee, and Agreement for
Payment Form are attached under Tab 1
Conditions of Preliminary Plan Approval based on September 5, 2006 letter:
1. That all representations made by the Applicant in the application and as testimony in the
public hearings before the Planning & Zoning Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the Board of
County Commissioners.
Applicant agrees to this condition.
2. The Applicant shall include the following plat notes on the final 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 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, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries".
e. "Colorado is a "Right -to -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 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, State law and County policy provide that ranching,
farming or other agricultural activities and operations within Garfield County shall not be
considered to be nces so long as operated in conformance with the law and in a non -
negligent manner( Tljerefore, all must be prepared to encounter noises, odor, lights, mud,
Page 1 of 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 %a Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
dust, smoke chemicals, machinery on public roads, livestock on public ads forage and
disposal of manure, and the application by spraying or otherwise of the 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. In addition, 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."
9 -
"The mineral rights associated with this property have been partially or wholly severed and
are not fully intact or transferred with the surface estate therefore allowing the potential for
natural resource extraction on the property by the mineral estate owner(s) or lessee(s)."
h. `Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional
Registered Engineer within the State of Colorado."
1. That no more than 1 dwelling unit shall ever be allowed on either Parcel 1 or 2 which
includes Accessory Dwelling Units or any other type of structures used for habitation.
See the Final Plat attached under Tab 2.
3. The Applicant, at their own expense, shall remove the "framed dugout" as identified on the
Preliminary Plan from the County Road 126 right-of-way. Security for this work shall be
included in the Subdivision Improvements Agreement if not removed by the Final Plat
submittal.
Representatives from Garfield County Road and Bridge reviewed the project on
June 18, 2008 and found that the "framed dugout" has been removed. No
security is necessary.
4. The Applicant shall obtain an Encroachment Agreement from the Road and Bridge
Department allowing the "Cabin" and "Storage Building" to remain in the County Road 126
right-of-way. This approved agreement shall be submitted with the Final Plat application.
Encroachment Agreement is attached under Tab 3.
5. The Applicant, at their own expense, shall 1) remove the corner fence at the existing
driveway to the Main House as identified on the Preliminary Plan, 2) one tree at the driveway
entrance shall be trimmed if possible or removed for better visibility for downhill traffic and
widening the existing road, and 3) remove brush and fencing from the right-of-way on both
sides of CR 126. Security for this work shall be included in the Subdivision Improvements
Agreement if not removed by the Final Plat submittal.
Representatives from Garfield County Road and Bridge reviewed the project on
June 18, 2008 and found these items to be completed satisfactorily. No security
is necessary.
Page 2of 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 '/z Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
6. The Applicant shall be required to convey a 60 -foot right-of-way easement to the County for
the 60 -foot wide right-of-way for County Road 126 as it passes the full length of the property.
The form of conveyance shall be acceptable to the County and shall be provided to with the
Final Plat application.
See the Final Plat attached under Tab 2. The form of conveyance is intended to
be a deed. The "Right -of -Way Deed" is attached under Tab 3.
7. Pursuant to Section 4:92(E) of the Subdivision regulations, the Applicant shall submit an
Individual Sewage Disposal System (ISDS) Management Plan for the operation and
maintenance of all the on-site ISDS systems. The Applicant shall include this plan in the
protective covenants.
See the Conditions, Covenants and Restrictions, Item #4 under Tab 3.
8. As required for the Final Plat application, the Applicant shall create a Homeowners
Association (HOA) and provide the Articles of Incorporation, By -Laws, and Protective
Covenants with the Final Plat application.
See items under Tab 3.
9. The Applicant shall be required to convey the existing water system in its entirety, to the
HOA. This HOA shall own and maintain the physical water system as well as the water rights
(associated well permits and augmentation contract).
See items under Tab 3.
10. All easements of record shall be shown on the Final Plat. More specifically, the Applicant shall
identify the location of the components of the physical system which shall be placed in
easements on the final plat.
See the Final Plat attached under Tab 2.
11. The .Applicant shall pay the appropriate RE -1 School Site Acquisition Fee as calculated by
Section 9:81 of the Subdivision regulations. This fee shall only be calculated for one new
dwelling unit on Lot 2. Payment of this fee shall occur prior at the time of Final Plat. In no
circumstance shall the Final Plat be signed by the Board of County Commissioners until such
fee has been paid.
The Applicant agrees to pay the appropriate RE -1 School Site Acquisition fee.
The amount is calculated below and based on a recent appraisal. A copy of the
appraisal is under Tab 8:
Unimproved per acre market value of land x Land Dedication Standard x # of units = Cash -in -lieu
Appraisal value = $320,000 for 15.06 acres or $21,250 per acre:
$21,250 per acre * 0.02 acres per unit * 1 additional unit = $425.00
Page Sof 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 %a Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
12. The Applicant shall pay the appropriate Traffic Impact Fee for a property located in the 8c1
Traffic Study Area. This fee shall only be calculated for one new dwelling unit on Lot 2.
Payment of this fee shall occur prior at the time of Final Plat. In no circumstance shall the Final
Plat be signed by the Board of County Commissioners until such fee has been paid.
The Applicant agrees to pay the appropriate Traffic Impact fee. The applicable
traffic impacts for a property located in the 8d Traffic Study Area is $61 per
ADT. The traffic anticipated to be generated by one new dwelling unit per the
ITE, Trip Generation Manual is 9.57 ADT per single family dwelling unit:
Traffic Impact Fee = $61 per ADT * 9.57 ADT = $583.77
13. The Applicant shall submit a "Wildfire Fuels Reduction Plan", approved by the Glenwood
Springs Fire Protection District with the Final Plat application. This plan shall incorporate the
recommendations provided by the Colorado State Forest Service in their letter dated 1/23/06
(Exhibit J) . This plan shall also be incorporated into the Protective Covenants.
A "Wildfire Fuels Reduction Plan" was obtained from Ron Biggers with the
Glenwood Springs Fire Deparment. This has been included within the
Conditions, Covenants and Restrictions under Tab 3.
14. The Applicant shall design and install an appropriate water line connection from the two
existing 5,000 gallon water tanks on the property to the County Road in order that the water
may be used for fire protection supply. This design and location of line shall be reviewed and
approved by the Glenwood Springs Fire District. The Applicant shall submit the approved
design with the Final Plat documents.
The Applicant had originally thought that there were two 5,000 gallons (10,000
gallons total) water storage tanks supplying the existing water system. The
installer, contracted to construct the water line connection to the tanks,
informed the Applicant and Engineer that the existing tank sizes were two 1,700
gallons. To remedy the shortfall, the Applicant constructed an additional
10,000 gallons of storage. This storage is dedicated entirely for fire
suppression. The two existing 1,700 gallon tanks remain. The tank and
equipment was built and designed by others. Mountain Cross Engineering,
Inc. prepared As -built drawings of the construction. As -built drawings are
attached under Tab 4. Mr. Ron Biggers, Deputy Fire Marshall, reviewed the
drawings and met on site to review the actual tank construction on Friday
August, 1, 2008. As part of that site review, a letter was generated of the items
that Mr. Biggers wanted to incorporate. A copy of that letter is attached under
Tab 4. The one item that is remaining is the relocation of the Fire Department
Connection. This is under construction at this time. Additional to that letter in
a phone conversation, Mr Biggers wanted a fire truck to draft out of the tank
after construction was completed. The Applicant will arrange for that to take
place. The rest of Mr. Biggers comments have been incorporated. A structural
evaluation by a structural engineer has been included under Tab 4. The
remainder of the construction is included on the Engineer's Estimate under the
same tab.
Page 4of 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826'' V2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
15. The Applicant shall provide a Weed Management Plan which includes weed treatment by
June 1, 2006 to the County Vegetation manager for review and approval. The documentation
may be in the form of copies of application records or they may contact the Vegetation
Management Department for a site visit to verify that the treatment has been done by June 1,
2006. Proof of this shall be included in the Final Plat application.
On Thursday, August 21, 2008, Chris Hale with Mountain Cross Engineering,
Inc, Steve Anthony, County Vegetation Manager, and Barry and Jodi Stahl with
Outdoor Services met on site. Attached under Tab 9 is the Weed Inventory and
Management Plan along with a weed treatment program that was agreed to by
everyone.
16. That no more than 1 dwelling unit shall ever be allowed on either Parcel 1 or 2 which includes
Accessory Dwelling Units or any other type of building used for habitation.
See Plat Note "i" on the Final Plat attached under Tab 2.
Section 5:00 & 9:00 of the Subdivision Regulations are discussed below:
5:00-5:20 FINAL PLAT - PROCEDURE
The procedure to the Final Plat Approval has begun with the submission of this
application.
5:20 FINAL PLAT REQUIREMENTS
See the Final Plat attached under Tab 2.
5:30 SUPPLEMENTAL INFORMATION
5:31 The following documentation shall be filed simultaneously with the Final Plat and at
the same scale as the Final Plat, where applicable:
A. Engineering plans, descriptions and cost estimates for streets, drainage facilities,
water and sewage disposal systems, bridges and other improvements marked
"Approved for Construction";
As -built drawings, Structural Engineering recommendations, and Construction
Cost Estimate are attached under Tab 4.
B. Subdivision Improvements Agreement and Consent to Vacate the Final Plat
executed between the subdivider and the County;
Subdivision Improvement Agreement and Consent to Vacate the Final Plat are
attached under Tab 5.
C. Certification of the County Treasurer's Office that all applicable ad valorem
Page Sof 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 Vs Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
taxes have been paid for years prior to that in which subdivision approval is
granted;
County Treasurer's Certification is attached under Tab 6.
D. Copy of subdivision covenants, if any;
See the Conditions, Covenants and Restrictions under Tab 3.
E. Evidence that all services, including water, sewage disposal and roads, comply
with state and local laws and regulations and shall be available to each
subdivision lot to the extent necessary for use of such lots in the manner permitted
by zoning and covenants affecting the lots;
The existing road, dedicated to the public as part of this application, provides
access to each lot. The existing water system currently provides water to each
lot. The residence on Lot 1 has an ISDS and the Plat requires new ISDS to be
engineered.
F. Approved site location approval from the Colorado Department of Health, Water
Quality Control Division;
The subdivision water distribution system does not qualify as a community
system. Not applicable.
G. Written evidence of an adequate legal supply of water shall be provided in a
form consistent with the requirements of the resolution approving the
Preliminary Plan, the report of the State Engineer submitted for consideration
at Preliminary Plan review, and the requirements of this section. If the State
Engineer has submitted a report in compliance with Section 30-28-136, C.R.S.,
as amended, fails to recommend a specific method of rectifying the injury or
inadequacy, or if the Board of County Commissioners has approved the
preliminary plan without specifically adopting the State Engineer's
recommendation, the Board of County Commissioners may consider one or
more of the following forms of evidence:
1. a final decree entered in a court of competent jurisdiction, providing
for a legal water supply for the uses intended; or
2. a) a well permit
b) a diversion of water;
The foregoing must be supported by any necessary perpetual
commitment or long-term contract for water from a governmental
water supply agency allowing diversion for the use intended at the
well or diversion point; or
3. evidence complying with a written opinion and recommendation of
the State Engineer.
In order to properly evaluate compliance with this section, the Board of County
Page 6of 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 % Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
Final Plat Submittal
September, 2008
Commissioners may retain expert assistance to provide advice concerning the
adequacy of the tendered written evidence. The cost of such retained experts shall
be born by the applicant.
As resented at Preliminary Plan, a copy of the well permit #239415 and West
Divide contract #FM040115MP(a) was sufficient for the Office of the State
Engineer to issue a letter of "no material injury". To satisfy the requirements
at Final Plan, only a copy of the well permit #239415 is attached under Tab 7.
H. School site approval or cash in lieu and fire district impact fees based on a
study of the fiscal impact on the district by new subdivision development,
approved by the Board of County Commissioners and Planning Commission;
Applicant will pay cash in lieu of School Site of $425 as calculated above and
there are no Fire District impact fees due per discussions with the Fire District.
I. Management plan for the operation and maintenance of individual sewage
disposal system.
Management plan for the operation and maintenance of ISDS are included within
the Subdivision Covenants under Tab 3.
5:32 If the subdivision includes condominium units, the subdivider shall provide a copy of the
proposed declaration which, at a minimum, shall include:
A. Statement defining the character, duration, rights, obligations and limitations of
condominium ownership, including any restrictive covenants affecting individual
units;
B. Statement of proposed method by which the proportionate valuation of common
elements shall be assessed on individual condominium units; and
C. Provisions for creating and procedure, conditions, restrictions and limitations on
time-sharing ownership, if applicable.
Not applicable. No condominium units are included.
Page 7of 7
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 '/a Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
September, 2008
Tab 1
Final Plat Application, Application Fee, and Agreement for
Payment Form
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 %a Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
RECEIVED
SEP 0 5 2008
GARFIELD COUNTY
BUILDING & PLANNING
Subdivision Application Form
9 Subdivision Name:
GENERAL INFORMATION SVP 1\103'
(To be completed by the applicant.)
M'5(,1`R'DI121aI DK)
9 Type of Subdivision (check one of the following types):
Sketch Plan Preliminary Plan Final Plat
9 Name of Property Owner (Applicant):
9 Address: %1/ c r c{) l 4 Telephone: qv, 9i/6<
9 City: ( ,h)acx. " iNc�c State: CO Zip Code: `' IWWI! FAX: qL/y, €2 3(?
tJ Cr�rC ! ;ter
g-671
➢ Name of Owner's Representative, if any (Attorney, Planner, etc):
9 Address: Telephone:
9 City: State: Zip Code: FAX:
9 Name of Engineer: 1116c.(0 7 -M3 C,Z0 ocolA% -ofZ //0G)
9 Address: E' A _C� 't g_ Telephone: q7 q6, 55/q/
9 City: 61-o3L ----i fRr0 5 State: t(:C) Zip Code: 5966/ FAX: `96616
9 Name of Surveyor: 5AP(A) ,D1/4)484 -RE --e,,=
9 Address: BiS CoiDeA-A,,jAjp Telephone: 974%5 0661
9 City: 61,e 7 jpR10 S State: (C) Zip Code: -6/6n/ FAX: ciii6
9 Name of Planner:
9 Address: Telephone:
9 City: State: Zip Code: FAX:
GENERAL INFORMATION continued...
y Location of Property: Section `j Township rS Range }}t iJ
➢ Practical Location / Address of Property: iJ 6)q-6 Coul // V 0AD
2(
/,-Ac k AD/\14400) rL I Nc.. cLoikh (3s—oI -oc-9
> Current Size of Property to be Subdivided (in acres): '2.e-7- • 2 .
Number of Tracts / Lots Created within the Proposed Subdivision:
> Property Current Land Use Designation:
1. Property's Current Zone District: X f-. V
2. Comprehensive Plan Map Designation:
Proposed Utility Service:
➢ Proposed Water Source: -':) / 1r U3 -0-1_ 4P 2 3ciLi/5
(See "Attachment C" to be completed with Preliminary Plan Application)
➢ Proposed Method of Sewage Disposal: 16
> Proposed Public Access VIA: M la
➢ Easements: Utility:
Ditch:
> Total Development Area (fill in the appropriate boxes below):
(1) Residential
Units / Lots
Size (Acres)
Parking Provided
Single -Family
9,
c) , Q
7
Duplex
Multi-Family
Mobile Home
Total
ab,.7-
ryl'
Floor Area (sq. ft.)
Size (Acres)
Parking Provided
(2) Commercial
(3) Industrial
(4) Public / Quasi-Public
(5) Open Space / Common Area
Total
7
'v Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200
2
I. THE SUBDIVISION PROCESS
In order to subdivide land in Garfield County, an Applicant is required to complete the following land use
processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and
3) Final Plat Review Process. This section will briefly describe the nature of each process and provide
general direction including subdivision regulation citations to a potential applicant requesting subdivision
approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for
purchase at the Planning Department and can also be found on the World Wide Web at the following
address: http:llwww.garfield-county.comlbuilding and planninglindex.htm
A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Sketch Plan process is to allow an individual an opportunity to
propose a subdivision in a "sketch" format to the Planning Department and the Garfield
County Planning Commission in order to obtain a cursory review for compliance with
the County's land use review documents, regulations, and policies to identify any
issues that would need to be addressed if the proposed subdivision were to be pursued.
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Sketch Plan review process as the first step in Garfield County's Subdivision process.
More specifically, Garfield County defines a subdivision (Section 2:20.48) as the
division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple -dwelling units, as further defined by Colorado state law.
3. Application / Submittal Requirements
In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing
Section 3:00 of the Subdivision Regulations and providing enough information to the
Planning Department in the application to conduct a thorough review and provide the
resulting comments to the Planning Commission for their review and comments.
Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the
specific information required to be submitted to the Planning Department in order to
satisfy the application requirements in addition to the information requested on this
application form.
4. Process / Public Meeting
The Sketch Plan review process is considered a 1 -step process because the
application is reviewed only by the Planning Commission at a public meeting. In order
to appear before the Planning Commission, an applicant will have submitted all
required application submittal requirements mentioned above to the Planning
Department Staff. Once submitted, Staff will have 15 working days to review the
application to determine if all the required submittal information has been submitted as
required.
If Staff determines that ail the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." It is at this point Staff will also indicate when the application has been
3
scheduled to be reviewed before the Planning Commission and will request the
applicant supply additional copies to provide the Commission for their review.
If Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. If the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission will review the application, Staff will
conduct a land use review of the application using the County's land use regulatory
documents including the Zoning Resolution, Subdivision Regulations, and the
Comprehensive Plan of 2000. In addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission containing the results on the land use analysis. This Memorandum will
also be furnished in advance to the applicant.
At the date and time set for the public meeting before the Planning Commission, Staff
will present the findings in the Memorandum and the applicant will be required to
present the proposed subdivision and respond to comments and questions provided by
the Planning Commission. The comments provided to the Applicant by the Planning
Department and the Planning Commission as a result of the Sketch Plan Process will
be kept on file in the Planning Department for 1 -year from the meeting date before the
Planning Commission. If an Applicant does not submit a Preliminary Plan application to
the Planning Department within the 1 -year timeframe, the Sketch Plan file will be
closed and the Applicant will need to reapply for a Sketch Plan review prior to a
Preliminary Plan review.
B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Preliminary Plan review process is to conduct a thorough review of
the many aspects that are associated with dividing land in Garfield County for the
purposes of residential, commercial, and industrial development. This is the most
intensive review step where the Building and Planning Staff, the Planning Commission,
and the Board of County Commissioners (BOCC) will conduct a thorough review of all
the issues associated with the proposed subdivision against the County's regulatory
requirements. Ultimately, the purpose of this process is to identify all the major issues
in the proposed subdivision by using the County's Zoning Resolution, Subdivision
Regulations, Comprehensive Plan of 2000, as well as other state and local referral
agencies that will provide comments on any issues raised in their review. This is the
process that will either approve or deny the application request.
4
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Preliminary Plan review process as the second and most intensive step in Garfield
County's Subdivision process. More specifically, Garfield County defines a subdivision
as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple -dwelling units, as further defined by Colorado state law.
3. Application / Submittal Requirements
In order to apply for a Preliminary Plan Review, an Applicant must have already
completed the Sketch Plan review process addressed in Section 3:00 of the
Subdivision Regulations.
An applicant requesting Preliminary Plan review will be required to submit this
application form, all the required submittal information contained in Sections 4:40 to
4:94 of the Subdivision Regulations as well as address all of the applicable Design and
Improvement Standards in Section 9:00 of the Subdivision Regulations.
In addition to the substantive submittal information related to the proposed subdivision
project itself, an applicant is required to complete all the public notice requirements so
that legal public hearings can be held before the Planning Commission and the BOCC
which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations.
4. Process / Public Hearings
The Preliminary Plan review process is considered a 2 -step process because the
application is ultimately reviewed by two County decision-making entities during public
hearings: the Planning Commission who makes a recommendation to the BOCC.
In order to obtain dates for the public hearings before the Planning Commission and
the BOCC, an applicant will have submitted all required application submittal
requirements mentioned above to the Planning Department Staff. Once submitted,
Staff will have 30 working days to review the application to determine if all the required
submittal information has been submitted as required.
If Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." It is at this point Staff will also indicate when the application has been
scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff
will provide the applicant with the notice forms to be mailed, published, and posted.
If Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
5
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. If the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission / BOCC will review the application,
Staff will conduct a land use review of the application using the County's land use
regulatory documents including the Zoning Resolution, Subdivision Regulations, and
the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission / BOCC containing the results on the land use analysis. This
Memorandum will also be furnished in advance to the applicant prior to the public
hearings.
As mentioned above, Staff makes a recommendation to the Planning Commission and
the BOCC regarding the issues raised in the analysis of the proposed subdivision. The
Applicant will first propose the subdivision to the Planning Commission who is
responsible for making a recommendation of approval, approval with conditions, or
denial to the BOCC. Next, the application will be reviewed by the BOCC during a
regular public hearing. The BOCC will consider the recommendations from the
Planning Staff and the Planning Commission, the information presented by the
applicant, and the public. As a result, the BOCC is the final decision-making entity
regarding the proposed subdivision and will either approve, approve with conditions, or
deny the application.
If the BOCC approves the subdivision application at the public hearing, the approval
shall be valid for a period not to exceed one (1) year from the date of Board approval,
or conditional approval, unless an extension of not more than one (1) year is granted
by the Board prior to the expiration of the period of approval. (See the specific
information provided in Section 4:34 of the Subdivision Regulations.) Following the
hearing, Staff will provide a resolution signed by the BOCC which memorializes the
action taken by the Board with any / all conditions which will be recorded in the Clerk
and Recorder's Office. Once an applicant has Preliminary Plan approval, they are
required to complete the third and final step in the County's Subdivision Process: Final
Plat Review.
C) Final Plat Review (Section 5:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Final Plat review process is to provide the applicant with a
mechanism to prove to the County that all the conditions of approval required during
the Preliminary Plan review process have been met / addressed to the satisfaction of
the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will
6
sign the Final Plat and have it recorded memorializing the subdivision approval granted
by the BOCC. This is the last step in the County's subdivision process.
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Final Plat review process as the third and last step in Garfield County's Subdivision
process. More specifically, Garfield County defines a subdivision as the division of a lot,
tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or
the use of any parcel of land for condominiums, apartments or other multiple -dwelling
units, as further defined by Colorado state law.
3. Application / Submittal Requirements
In order to apply for a Final Plat review, an Applicant must have already completed the
Preliminary Plan review process addressed in Section 4:00 of the Subdivision
Regulations.
An applicant requesting Final Plat review will be required to submit this application form,
all the required submittal information contained in Section 5:00 of the Subdivision
Regulations and responses to all the conditions of approval required as part of the
Preliminary Plan review process.
4. Process
The Final Plat review process is considered a 1 -step process because the application
is ultimately reviewed by the Building and Planning Staff and presented to the BOCC
for their signature if the application satisfies all the required submittal information to the
satisfaction of the Building and Planning Department.
If Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." It is at this point Staff will also indicate when the application has been
scheduled to be presented to the BOCC for signature. (This is not a public hearing or
meeting and therefore does not require public notice.)
If Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted.
Once the application has been deemed technically complete and a date has been
established as to when the BOCC will review the Final Plat, Staff will review the
application / Final Plat in terms of adequacy to determine if all the submittal information
satisfies the Final plat requirements as well as the responses to the conditions of
approval. During this review, Staff will forward the Final Plat the County Surveyor for
review and a signature. In the event there are additional questions or clarification
issues to be addressed, the County Surveyor will generally contact the applicant to
have the plat adjusted as necessary. Once, Staff has completed the review and all
required information has been submitted to the satisfaction of the Planning Department
7
and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next BOCC meeting to be placed on the consent agenda with a request to
authorize the Chairman of the BOCC to sign the plat.
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
Plat represents the completion of the Garfield County Subdivision Process.
Please refer to the specific language in the Final Plat portion (Section 5:00) of the
Subdivision Regulations for specific timelines and additional responsibilities required of
the applicant to complete the Final Plat process.
Please Note: This information presented above is to be used as a
general guide for an applicant considering a subdivision in Garfield
County. It is highly recommended that an applicant either purchase
the Garfield County Zoning Resolution and Subdivision Regulations
or access them on -dine at:
http://www.qarfield-county.com/buildinq and planninq/index.htm
in order to ascertain all the necessary requirements for each of the
three steps including Sketch Plan Review, Preliminary Plan Review,
and Final Plat Review.
read the statements above and have provided the required attached information
orrect and y urate to the best of my knowledge.
(Sig ature of app ant/owner)
Last Revised: 07/25/2005
/ /P7Date J
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
Preliminary Plan $675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
Final Plat $200
Amended Plat $100
Exemption from the Definition of Subdivision (SB -35) $300
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing $250
• Board Public Hearing only $400
• Planning Commission and Board review & hearing $525
Zoning Amendments
• Zone District map amendment $450
• Zone District text amendment $300
• Zone District map & text amendment $500
• PUD Zone District & Text Amendment $500
▪ PUD Zone District Text Amendment $500
Board of Adjustment
• Variance $250
• Interpretation $250
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — 15t page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set forth above:
All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for 1 NAL fL-f'j r
MM ?YpERrI4
(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 the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
AP CI NT
Signat
Date:
�5.
YLA Jr,
frIMA43 Ye (Re
Print Name
Mailing Address: 0 (o B Cowry RD Wo
61-e utE9 -5rAtiL)()' ( at6Ct
10/2004
Page 4