HomeMy WebLinkAbout1.0 ApplicationGARFIELD 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
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Street Address / General Location of Property: 291 Ponderosa Pass
Carbondale, CO 81623
➢ Legal Description: Lot 1 A, R1 lip Crp'k Ranch Suhdivisi on
(see Attachment 2 for full legal description)
➢ Subdivision Name: Blue Creek Ranch Subdivision
> Description of Proposal: Amend plat to revise building envelope
> Name of Property Owner (Applicant): KOBA, LLC
> Address: P.O. Box 3465 Telephone: 927-6924
> City: Basalt State: CO Zip Code: 81 621 FAX: 927-6924
> Name of Owner's Representative, if any (Planner, Attorney, etc):
Tom Newland, Newland Project Resources, Inc.
> Address: P.O. Box 4815 Telephone: 927-4645
➢ City: Basalt State: CO Zip Code: 81 621 FAX: 927-0196
STAFF USE ONLY
➢ Doc. No.: Date Submitted: TC Date:
➢ Planner: Hearing Date:
➢ Zone District:
Last Revised: 11/21/02
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1. PROCEDURAL REQUIREMENTS
A. One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
1. Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. If approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
2. An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above unless the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of water in terms of both the
legal and physical quality, quantity and dependability, and a suitable type of
sewage disposal to serve each proposed lot;
4) All applicable state and local environmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
8) School fees, taxes and special assessrnents have been paid.
B. The Board shall consider the amended plat: request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. If proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
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(1) Notice by publication, including the narne of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') dr the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3) The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. it will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
3
2.Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
In addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
3. The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
II. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
A. The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A narrative explanation of the reason for the application.
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee
of $100.00 with the application.
5. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
B. For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
transferred/relocated following the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
4
4. 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 Base
Fee of $100.00 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 state ents above and have provided the required attached information which is
corre . -. curat_to the be of my knowledge.
,T
(Signature of applicant/owne
5
1 ZZ 0,6
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and KOBA, LLC
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for an Amended Plat
Application (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.
Date: R/22/nti
Peter Selucky
Print Name
Mailing Address: P.O. Box 3 4 6 5
Basalt, CO 81621
10/2004
Page 4
Attachment 2
Property Deed
1111111111111111111111111111111111111111111111111111111
649022 03/29/2004 12.30P B1572 P111 M ALSDORF
1 of 1 R 6.00 D 22.50 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, Made this 22nd day of March , 2004 , between
BLUE CREEK LAND HOLDINGS, L.L.C., A COLORADO LIMITED
LIABILITY COMPANY
of the said County of GARFIELD and Settle of COLORADO
KOBA, LLC, A COLORADO LIMITED LIABILITY COMPANY
whose legal address is 2014 ARBOR PARK DRIVE, P. 0.
BOX 3465, BASALT, CO 81621
of the said County of and State of COLORADO
. grantor, and
, grantee:
C Recording Fee $ 6.00
Doc Fee $ 22.50
WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and
valuable consideration DOLLARS, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto he
grantee. his heirs and assigns forever, all the real property together with improvements. if any, situate, lying and being in the said
County of GARFIELD and State of Colorado described as follows.
LOT 18, BLUE CREEK RANCH PUD, ACCORDING TO THE FINAL PLAT RECORDED MARCH 25,
2003 BEARING RECEPTION NO. 623535, AND ACCORDING TO THE DECLARATION FOR BLUE
CREEK RANCH PUD RECORDED MARCH 25, 2003 IN BOOK 1450 AT PAGE 139 AS RECEPTION
NO. 623540, ALL IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO.
COUNTY OP GARFIELD, STATE OF COLORADO.
also known by street and number as: 291 PONDEROSA PASS, CARBONDALE, CO 81623
TOGETHER with all and singular the hereditatnents and appurtenances drerero belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenant:es, unto the grantee. his heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant. grant, bargain. and agree to and with
the grantee. his heirs and assigns, that at the time of the enseating and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right. full power and
tswtul authority to grant, bargain, sell and convey the same in manner and form: as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales. Liens. taxes, assessments, encumbrances and restrictions of whatever kind or nature soccer, except
easements, restrictions, reservations and rights of way of record, or situate
and in use, and real property taxes for the year 2004, not yet due or payable.
The grantnr shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession
of the grantee, his heirs and assigns. against all and every person or persons lawfully claiming the whnle or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESSEOF, the grantor has executed this deed on the date set forth above.
U CREEK LAND HOLDINGS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, BY
LAND INVESTMENTS, ITS MANAGING MEMBER, BY GAVIN BROOKE, AUTHORIZED AGENT
State of COLORADO
County of GARFIELD
The foregoing instrument was acknowledged before note this 22nd day of March . 2004 ,
by BLUE CREEK LAND HOLDINGS, L,L.C., A COLORADO LIMITED LIABILITY COMPANY, BY
LANE INVESTMENTS, ITS MANAG , BY GAVIN BROOKE, AUTHORIZED AGENT
'cNtY• •:.U9
My commission expires Sapternb - „ l , 2007 .. , t., ess my nd an inial seal.at J N
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BICKLEY a Notary Public I
P11. No. 04000141 Stewart TWe or Glenwood 9
No. 952A WARRANTY DEED (For Photographic Record)
R. 7/99
COMBSian EciltS 09/05/1007
Miroslav Neckar, KORA, LLC
2014 Arbor Park Drive, Basalt, CO 81627
32-
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Attachment 3
Existing Plat of the Blue Creek Ranch Subdivision
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Attachment 4
Lot 18 Site Plan
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PRIVATE RESIDENCE
LOT # 1 8 BLUE CREEK RANCH
CARBONDALE, COLORADO
8330 NORTHLINKS WAY
Fox POINT, WISCONSIN 53217
414-228-8788 V
414-228-8773 F
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Attachment 5
Natural Resource Investigation,
Ellsperman Ecological Services
ELLSPERMAN ECOLOGICAL. SERVICES
BASALT, COLORADO
704-0522
April 28, 2006
Tom Newland
Newland Project Resources
0417 Original Road
Basalt, Colorado 81621
RE: Blue Creek Lot 18
Tom:
1 recently performed an investigation into the status of the wetland conditions on and
adjacent to Lot 18 in the Blue Creek Ranch Subdivision. This investigation was performed
in order to understand potential opportunities and constraints natural resources pose on
the property. More specifically, the main purpose of providing an analysis of the wetland
conditions on this property is to determine what effect encroaching into a designated
wetland setback would have on wetland resources on the site. The purpose of a potential
encroachment into the wetland setback is specifically to preserve the root system of a
mature Ponderosa Pine tree.
Blue Creek Ranch Wetland Resources
Wetland resources on Blue Creek Ranch can be described as being consistent with most
large agricultural properties adjacent to the Roaring Fork River in Garfield County.
Wetland resources on these properties are typically driven by both the hydrology of the
Roaring Fork River Floodplain as well as the extensive network of ditches maintained over
the years to provide water for a multitude of agricultural uses. Blue Creek Ranch has
excellent examples of both of these hydrologic driven systems on the property.
Lot 18 Wetland Resources
A specific field investigation was performed on Lot 18 of Blue Creek Ranch in order to
provide an analysis of the specific wetland conditions adjacent to the property. Previous
wetland delineations, PUD documents, and FEMA floodplain documents were utilized in
this investigation in order to understand specific previous wetland and hydrologic
parameters on site.
The investigation centered specifically on the location of jurisdictional wetlands on and
adjacent to the property. After reviewing the documents related to the property and a field
investigation, it was determined that the wetland areas adjacent to Lot 18 were a result of
ditch systems which have been in historical use for many years. Wetlands associated with
traditional river hydrology or ephemeral flows or springs were non existent in this location.
FEMA maps identify this area as being within the "flood fringe" and this was consistent
with findings in the field.
The original wetland delineation filed in association with the Blue Creek PUD was found to
be accurate in areas adjacent to Lot 18, however, wetland plant associations within these
wetland zones were marginal. This is most likely a result of extensive ditch rerouting
adjacent to Lot 18 which has removed hydrology necessary for successful wetland plant
growth. Over time, it is likely that many of the original delineated wetland areas adjacent
to Lot 18 will move to a more xeric vegetation type based upon this lack of water
resources.
Wetland Buffer and Proposed Construction Area Conditions
In order to determine the effects of modifying the building envelope to allow construction
activities in a small portion of the wetland buffer area, a specific investigation of this area
was completed. Within the area that is proposed for modification, no wetland resources
were discovered. The area, in fact, contained only non-native European pasture grass
species and noxious vegetation such as Canary Reed Grass as a herbaceous understory.
There were multiple species of woody vegetation in this general area including Three Leaf
Sumac, Woods Rose, Red Haw Hawthorn, and Narrowleaf Cottonwood, however, none of
this vegetation would be affected negatively in the proposed construction area.
Conclusions and Recommendations
In terms of site ecology, it is clear that the minimal proposed encroachment into the
wetland buffer in the rear of Lot 18 within Blue Creek Ranch would have nominal effects on
protected wetland resources. This is especially true when comparing the ecological
benefits of preserving the root system of the large Ponderosa Pine on this site.
The following construction protocols are suggested in order to ensure that this
encroachment would have no negative impact on protected resources:
1) After construction envelopes have been determined, design, install, and monitor
resource protection fencing along the envelope which would serve as both a silt and
erosion barrier as well as specific delineator to construction personnel that the area is
protected.
2) Perform inspections to ensure that the construction area has not encroached beyond
this protection area boundary during different phases of the construction process.
3) Restrict landscaping in the rear of this area to native grass and herbaceous materials as
outlined in the Blue Creek Ranch Homeowners Association Covenants. Ensure proper
protocols are followed to allow successful establishment of the desired native vegetation.
These construction protocols should further ensure that damage to protected resources
will not occur on Lot 18 within the Blue Creek Ranch Subdivision.
Attachment 6
Proposed Amended Building Envelope Plat
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AMENDED t U ]I LD g NG ENVELOPE PLAT OF:
Newland Project Resources, Inc.
PROJECT MANAGEMENT ✓DEVELOPMENT APPROVALS "TRANSPORTATION PLANNING
RECREATION PLANNING "-ENVIRONMENTAL ANALYSIS "INFORMATION MANAGEMENT
Voice (970) 927-4645 PO Box 4815, 417 ORIGINAL ROAD, BASALT, CO 81621
Fax: (970) 927-0196 tomn@sopris.net
August 22, 2006
Fred Jarman
Assistant Planning Director
Garfield County
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: REQUEST FOR AMENDEMENT TO A RECORDED PLAT —
LOT 18, BLUE CREEK RANCH SUBDIVISION
Dear Fred:
Please accept this letter and attachments as the submission information required for
Garfield County to consider an amendment to the existing plat of Lot 18 of the Blue Creek
Ranch Subdivision. Following this cover letter as Attachment 1 please find a completed
Amended and Corrected Plats Application form, an executed Procedural Requirements
sheet, and an executed Agreement for Payment form for the amendment procedure.
Attachment 2 is a copy of the deed for the property showing the applicant, KOBA, LLC, as
owner.
The purpose of this amendment is to modify the approved building envelope in order to
retain a mature Ponderosa Pine on the property. If the existing building envelope were to
be used, the Ponderosa Pine would have to be removed or would likely be mortally
impacted due to the close proximity of the proposed residence to be constructed. By
relocating the building envelope slightly to the east, the pine tree will be provided with
sufficient area to grow.
Moving the building envelope to the east will necessitate a minor encroachment into the
50 -foot clear space provided as a buffer to the wetland areas designated on the lot.
Enclosed as Attachment 3 is a copy of the existing plat for this portion of the Blue Creek
Ranch Subdivision. Lot 18 is located along the east side of Ponderosa Pass. Wetlands
have been delineated along the eastern edge of the lot and take up approximately 35% of
the parcel. As a part of the approval of the subdivision, the building envelopes on each lot
were placed so that a 50 -foot buffer existed between the wetland areas and the building
envelopes. In the case of Lot 18, the buffer forced the building envelope to be located to
the very west side of the lot. The Ponderosa Pine discussed above is located between Lot
18 and the adjoining lot 17. A 5 -foot side yard setback is located along the northern
property line in proximity to the Ponderosa Pine.
In order to effectively save the Ponderosa Pine tree, the building envelope needs to be
relocated approximately 5 -feet to the east and south. Attachment 4 is a site plan of the
property. The approved building envelope is shown on the site plan as a red line. The
edge of the 50 -foot wetland buffer is shown as a thick, dashed black line. If the existing
building envelope were to be used, the footprint of the structure is shown in a hatched -line
pattern. We are proposing to revise the building envelope to that it extends another 5 -feet
east into the wetland buffer. This will enable the building footprint to be shifted slightly to
the west and south, thereby providing sufficient room for the drip edge of the Ponderosa
Pint to remain free of any structures. Enclosed as Attachment 5 is a copy of a report
developed by Stephen Ellsperman of Ellsperman Ecological Services describing the
benefits of the proposed building envelope revision to the Ponderosa Pine and the
negligible impacts to the wetlands that will result. Mr. Ellsperman does recommend that
construction protocols are placed to insure that potential impacts to the wetland area are
mitigated. These protocols include:
1) After construction envelopes have been determined, design, install, and monitor
resource protection fencing along the envelope which would serve as both a silt and
erosion barrier as well as specific delineator to construction personnel that the area is
protected.
2) Perform inspections to ensure that the construction area has not encroached
beyond this protection area boundary during different phases of the construction
process.
3) Restrict landscaping in the rear of this area to native grass and herbaceous
materials as outlined in the Blue Creek Ranch Homeowners Association Covenants.
Ensure proper protocols are followed to allow successful establishment of the desired
native vegetation.
Enclosed as Attachment 6 is a proposed Amended Building Envelope Plat of Lot 18 for
recording. This plat shows the new building envelope as revised to provide sufficient area
for healthy propagation of the existing Ponderosa Pine.
Thank you for accepting this application. If you have any questions or require further
information, please contact me.
Sincerely,
0
ewland
land Project
esources, Inc.
Attachment 1
Amended and Corrected Plats Application form, Procedural Requirements form and
Agreement for Payment form
Garfield County
SURVEYOR SCOTT AIBNER, P.L.S
To: Craig Richardson, Building and Planning Department
From: Scott Aibner — Garfield County Surveyor
Subject: Lot 18 Building Envelope Amendment Blue Creek Ranch - Plat Review
Date: 09/14/2007
Dear Craig,
Upon review of the Consolidated Lot 18 Building Envelope Amendment Blue Creek Ranch Plat, I have
prepared a list of comments or corrections to be made prior to approval for survey content and form.
1. No Comments or Corrections Needed.
The surveyor may prepare the mylar for record pending further requirements from your office.
Sincerely,
Scott Aibner
As Garfield County Surveyor
cc James Reser — Alpine Surveys
109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom