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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 RR MAR 0 5 2007 Telephone: 970.945.8212 Facsimile: 970.384.347! 2 - -AFIELD COW www.garfield-county.com i'='_D!NC & 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: Loi- 18, B1 UP Creek Ranch Suhdi vi Sion (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 1 I. 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 assessments 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: 2 (1) Notice by publication, including the name 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') of 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. 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. (3) 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 dee showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 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 $10Q,.00 with the application. 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 corre 1gcurat ents above and have provided the required attached information which is to the be 1 f my knowledge. (Signature of applicant/owne 5 17 2Z 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/9/nti Peter Selucky Print Name Mailing Address: P.O. Box 3465 Basalt, CO 81621 10/2004 Page 4 Attachment 2 Property Deed 111111 IIIA 11011 IflI 11111 1111111111IIIA 111164902203/29/20041230P11 M ALSOORP 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 State of COLORADO KORA, 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: Recording Fee $ 6.00 Doc Fee $ 22.50 WITNESSETH, Thal the grantor for and in consideration of the sum of Ten dollarand other good and valuable Cons dere tion 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 the 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 OF GARFIELD,,STATE OF COLORADO. also known by street and number as: 291 PONDEROSA PASS, CARBONDALE, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances therero belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, Issues and profits thereof, and alt 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 appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, tor 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 ensealing and delivery of these presents. he is well sexed of the premises above conveyed, has good, sure, perfect, absolute and indefeasible eatate of inheritance, in law, in fee simple, and has good right, full power and lawful 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 ,never, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 2004, net yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEPEND the above -bargained premises in the quiet and peaceable possession of the grantee. his heirs and assigns, against alt and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular. and the use nt any gender shall be applicable to all ganders. IN WITNESS • '' ' ' FOR, the grantor has executed this deed on the date set forth above. UE CREEK LAND HOLDINGS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, BY LAND INVESTMENTS, ITS MANAGING MEMBER, BY GAVIN BROOKE, AUTHORIZED AGENT State nt COLORADO ) ss. County of GARFIELD The foregoing instrument was acknowledged before me 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 BROOKS, AUTHORIZED AGENT �pJ• pre, My commission expires Septemb er "• 2009 '•v .ass my nd ancialniseal. I ANN BURNS n W�" WW i BICKLEY a Notary Public M1. No. 0400014/ ai•wa t Till* of Gonwood Na 932A WARRANTY DEED (Far Photographic Record) Rao. 7/99 t0: 140301119011 Fires 0910512007 Miroslav Neckar, KOBA, LLC 2014 Arbor Park Drive, Basalt, co 81621 Attachment 3 Existing Plat of the Blue Creek Ranch Subdivision a a J4 ===== 322=311122321121E 2.323313131ME EMEMEMEMESE4MEMEMEMEMEM 111111T 11 tt rug: :7 1E177 5 §- u 5 rr f $t Attachment 4 Lot 18 Site Plan 9z0 13 z PRIVATE RESIDENCE LOT #1 8 BLUE CREEK RANCH CARBONDALE, COLORADO e *330 1401278 UNKS WAY TOX POINT, WISCONSIN 53217 414-228-8788 V 414-228-8773 F 11) w 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: I 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 Targe 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 thls 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 Attachment 2 September 18, 2006 Letter from David Pesnichak Stating the Conditions of Approval for the Requested Amendment to a Recorded Plat September 18, 2006 Tom Newland Newland Project Resources, Inc. PO Box 4815 Basalt, CO 81621 Garfield County BUILDING & PLANNING DEPARTMENT RE: Plat Amendment for Lots 18 of Blue Creek Ranch Subdivision Dear Mr. Newland, As you are aware, on Monday, September 18, 2006, the Board of County Commissioners approved a request to amend the building envelope for Lot 18 of the Blue Creek Ranch Subdivision with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. All plat notes from the original Final Plat of Blue Creek Ranch PUD shall be shown or referenced on this amended plat. 3. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, then signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in §5:22 of the Garfield County Subdivision Regulations. 4. Encroachment of the building envelope into the 50 -foot wetland protection buffer shall be no greater than five (5) feet. 5. Once exact construction envelopes have been determined the applicant shall design, install and monitor resource protection fencing along the envelope boundary. This fencing is to serve as both a silt and erosion barrier as well specific delineator to construction personnel that the area is protected. 6. Documentation must be provided to the Garfield County Building and Planning office prior to the issuance of the building permit indicating that the fence has been installed in a manner that will serve as a silt and erosion barrier as well as delineation between the building envelope and the wetland protection area. 7. Landscaping shall be restricted in the rear of the property abutting the 50 -foot wetland buffer area to native grass and herbaceous materials as outlined in the Blue 108 8th Street, Suite 201, Glen -14100d Springs, Colorado 81601 (970) 945-8212 ('970) 285-7972 Fax: (970) 384-3470 Creek Ranch Homeowners Association Covenants. Proper protocols shall be followed to allow successful establishment of the desired native vegetation. As always, feel free to contact this office if you have any questions. Very truly yours, David Pesnichak ' Senior Planner 970.945.8212 2 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®soprls.net March 5, 2007 David Pesnichak Senior Planner Garfield County 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: REQUEST FOR RECONSIDERATION OF THE APPROVAL TO AMEND A RECORDED PLAT — LOT 18, BLUE CREEK RANCH SUBDIVISION Dear David: Please accept this letter and attachments as my request for Garfield County to reconsider 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 copy of the original letter submitted to Garfield County on August 22, 2006 regarding this matter. The Garfield County Commissioners approved of the amendment on September 18, 2006, and you sent me a letter that day (enclosed as Attachment 2) with the conditions of their approval. The underlying purpose of the amendment was 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. The purpose of the resubmission is to request a change to Condition Number 4 of your September 18, 2006 letter. This condition states as follows: "4. Encroachment of the building envelope into the 50 -foot wetland protection buffer shall be no greater than five (5) feet." After discussing this condition with you, it is acknowledged that the 5 -foot encroachment limit was based on the following request within our August 22, 2006 letter: "In order to effectively save the Ponderosa Pine tree, the building envelope needs to be relocated approximately 5 -feet to the east and south." However, after receiving your letter and talking to our surveyor, it was realized that an encroachment of 5 -feet into the wetland buffer would not be sufficient to move the building 5 feet to the east and 5 -feet to the south of the Ponderosa Pine. To adequately accomplish the relocation of the Building Envelope, it will actually need to encroach 10 - feet into the wetland buffer. The 10 -foot encroahment will allow sufficient room for relocation of the building away from the Ponderosa Pine and for the excavation of a trench required to place the footers and support wall of the home. The purpose of this letter is to request that the County consider a revision to Condition #4 of the original approval so that the building envelope extends 10 -feet into the wetland buffer. The revision would read as follows: "4. Encroachment of the building envelope into the 50 -foot wetland protection buffer shall be no greater than five (5) ten (10) feet." Approval of this requested revision will enable the building footprint to be shifted 5 -feet to the east and 5 -feet to the south, thereby providing sufficient room for the drip edge of the Ponderosa Pint to remain free of any structures. Enclosed within Attachment 1 is a copy of a report developed by Stephen Ellsperman of Ellsperman Ecological Services describing the benefits of this request 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. Also enclosed within Attachment 1 is a proposed Amended Building Envelope Plat of Lot 18 for recording. This plat shows the new building envelope relocated 10 -feet into the wetland buffer 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, wland and Proje. Resources, Inc. Attachment 1 August 22, 2006 Letter to Garfield County Requesting an Amendment to a Recorded Plat 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 tomnesopris.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, To ewland and Project esources, Inc. Attachment 1 Amended and Corrected Plats Application form, Procedural Requirements form and Agreement for Payment form