HomeMy WebLinkAbout1.00 General Application InfoINDEX
ELDER MINOR SUBDIVISON
APPLICATION FORMS
DIVISIONS OF LAND APPLICATION FORM
PAYMENT AGREEMENT FROM
COLORADO GEOLOGICAL SURVEY SUBMITTAL
LETTER OF AUTHORIZATION
PRE -APPLICATION CONFERENCE SUMMARY (1 & 2)
RELEVANT SECTIONS 4-202,4-203, 5-402 SUBMITTALS
COMPLIANCE WITH SECTION 5-301C 1-11
GENERAL PROJECT DESCRIPTION + ARTICLE 7 STANDARDS
F.Al 0 F."Two IUT HIk71R
➢ LETTER FROM ALPINE BANK + DEED OF TRUST
➢ SITE MAP
➢ GARFIELD'COUNTY DATA SITE INFORMATION & TAX STATEMENTS
4280 COUNTY ROAD 331
0066 CHIPPERFIELD LANE
➢ NAME AND ADDRESSES IF OWNERS WITHIN 200 FEET + MINERAL
INTEREST INFORMATION
➢ HOLY CROSS VERIFICATION OF EXISTING UTILITIES LETTER
➢ GARFIELD COUNTY WILDLAND FIRE SUSCEPTABILITY INDEX
➢ PHOTOS OF THE EXISTING PARCEL SHOWING BOTH THE DWELLIGN
AND THE ADU
➢ DRAFT DECLARATION OF WATER WELL AND MAINTENACE
OBLIGATIONS
➢ DOCUMENTS PERTAINING TO THE WATER WELL
o STATEMENT OF BENEFICAL USE AND FILE DOCUMENTS
o EVERGREEN ANALYTICAL, INC REPORT
➢ 0066 CHIPPERFIELD SANITATION PERMIT
➢ PRELIM PLAT
ELDER MINOR SUBDIVISON
GENERAL STATEMENT- PROJECT DESCRIPTION
The Applicant is planning for a minor subdivision to split the existing 5
acre tract into two lots. The property is located at the intersection of
County Road 331 and 326. There are currently two homes on the
property and each proposed lot would contain one of the existing
homes. The 5 acre parcel would be divided into lots each a minimum of
2 acres in size to conform with the underlying zoning. The exact
configuration of the lots will generally be 2 acres and 3 acres. The ADU
at 0066 Chipperfield Lane (County Road 326) will be positioned on the
easterly 2 acre parcel and the original dwelling at 4280 County Road
331 will be positioned on the westerly 3 acre parcel. The two homes are
served by a shared well. Both are served by their own individual OWTS.
Each home has its own access driveway with one home accessing off of
County Road 331 and the other accessing off of County Road 326
respectively. Other improvements on the property include a pond and
accessory/shop buildings. The placement of a second home on the
property, as an Accessory Dwelling Unit was approved by the County in
2001 by Special Use Permit. The permit was approved by Resolution No.
2001-95. The current use is still in compliance with the conditions of
approval.
Garfield County
Community Development Department
108 8`h Street, Suite 401
Glenwood Springs, CO 81601
(970)945-8212
www.igarfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision
❑ Preliminary Plan Amendment
Major Subdivision
❑ Final Plat Amendment
❑ Sketch Elry FiPrelim inanal
j ❑ Common Interest Community Subdivision
Conservation Subdivision
❑ Yield ❑Sketch ❑ Preliminary ❑
❑ Public/County Road Split Exemption
Final ❑ Rural Land Development Exemption
f� Time Extension
State: G_ Zip Code: (per
r-- - -- --- ---
PARTIES
INVOLVED
Owner/Applicant
- - - - - -
�--
Name: a��/✓� !(J
Phone: (qW P Z'
Mailing Address: '71 U.
b -r i U4
1 City: -e. I
State: G_ Zip Code: (per
E-mail: d &V 6 Wrb 'A @-
Representative (Authorization Required)
Name:
Phono:
Mailing Address: Pp 4 -
City: I e
State: CO Zip Code:
E-mail:V1.11n►n��
-- - - -- -- - ---- --- - -- ---
PROJECT NAME AND LOCATION
_ -------
Project Name:
- -- - - -- -
- dew- Kvlay
Assessor's Parcel Number: LL - r
Physical/Street Address:
Legal Description: _ G i
% _
l -TA/ ic>-7—
Zone District:
Property Size (acres): ��C^
Existing Use:
I have read the statements above and have provided the required attached information which is
correct and fac c rate to the best of my knowledge.
Signatu e f Property Owner Date
OFFICIAL USE ONLY
File Number: - — — — — Fee Paid: $
Proposed Use (From Use Table 3-403): j
1
Description of Project:
a
Proposed Development Area
Land Use Type _ ( # of Lots 1 # of Units
Acreage
Parking
j Single Family
---
ewii
?! — ----
Duplex
i Multi -Family
— -- --
I Commercial
Industrial
Open Space
I_Other
—
I Total -�
_---
-
; REQUEST FOR WAIVERS _ _ ----- -----_
-_-------
------ -_ _l
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
f Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per
Section 4-118. List:
Section: Section:
Section: Section:
i
I have read the statements above and have provided the required attached information which is
correct and fac c rate to the best of my knowledge.
Signatu e f Property Owner Date
OFFICIAL USE ONLY
File Number: - — — — — Fee Paid: $
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")
agree as follows:
1. The Applican has submitted to the County an appl'cation for the following Project:
2. The Applicant understands and agrees that Garfield County Ilesolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
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, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person:
Billing Contact Addres!
City: a°
Billing Contact Email: _
Printed Name of Person Authorized to Sign:
t (Signature) (Date)
•: R' �'i�• • • . ': a �,!
FORM FOR LAND -USE
County Ash' "fl Lx Date
Project Name d/�'� 919/J -71 -
APPLICANT f// /J -71 -
APPLICANT
(or Applicant's Authorized Representative responsible for paying CGS -review fee)
All 111111111
l ._'`
Ph. No. 6?��/ Fax No.
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
A, /2, or A /4
Section(s)
Township &5
Range
Dec Lat
Dec Long
Small Subdivision (> 3 dwellings and < 100 acres) ......................................... $950
Large Subdivision (> 100 acres and < 500 acres) ....................................... $1,550
Very Large Subdivision (50p acres or more).. . ............. ........................ $2,500
Very small residential subdivision§ (1-3 dwellings and < 100 acres) ...................$600
Reviews for Municipalities.........................................At hourly rate of reviewer
Special Reviews.......................................................At hourly rate of reviewer
School Site Reviews .........................................................$855
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35,1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1-
101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529,1973),
respectively.
Local-govertunent agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local-govenlment planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/ users reduce unnecessary maintenance and/or repair costs.
Colorado Geological Survey • 1500 Illinois Street, Golden, CO 80401 • Ph: 303-364-2655 • Email: CGS_t.UR@mines.edu • ColoradoGeologicalSuwey.org
created 3/16/98, revised 11/21/2013
021710;15a Elder Trucking Inc. 9706254889 p.1
Misty B. Briscoe -Garcia, PC
PO Box 1134
Rifle, CO 81650
970-230-0359
LETTER OF AUTHORIZATION
RE, Elder Minor Subdivision
Tan Parcel Number 2179-341-00-404
Garfield County Community Development:
1, Jarad B. Elder, authorize Misty Briscoe -Garcia with Misty B. Briscoe -Garcia to act on my behalf
pertaining to the subdivision of the above referenced property. She has been hired to handle
this project in its entirety and will keep me informed as necessary and required.
Thank you, . GL4�
Jarad B. Elde
227 N. Meadow Dr.
Rife, CO 81650
970-618.5612
Community Development Department
108 81h Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
S wv Barfield-courity.eonli
TAX PARCEL NUMBER: 2179-341-00-404
PROJECT: Elder Minor Subdivision
OWNER/APPLICANT: Jarad B. Elder
REPRESENTATIVE: Misty Garcia
DATE: 6/2/16 Updated 3/9/17 &
4/27/17
PRACTICAL LOCATION: The site is located at 4280 County Road 331 approximately 4Y2
miles south of the Town of Silt, in Section 34, T6S, R92W of the 6t" p.m.
TYPE OF APPLICATION: Minor Subdivision
ZONING: Rural (R)
SIZE: Approximately 5 acres
1. GENERAL PROJECT DESCRIPTION
The Applicant is planning for a minor subdivision to split the existing 5 acre tract into two
lots. The property is located at the intersection of County Road 331 and 326. There are
currently two homes on the property and each proposed lot would contain one of the
existing homes. The 5 acre parcel would be divided into lots each a minimum of 2 acres in
size to conform with the underlying zoning. The exact configuration of the lots is yet to be
'determined by the owner. The two homes are served by a shared well. It is anticipated
that both are served by their own individual OWTS, however, that will need to be confirmed.
Each home has its own access driveway with one home accessing off of County Road 331
and the other accessing off of County Road 326. .Other improvements on the property
include a pond and accessory/shop buildings. The configuration of the new lots will also
need to maintain conforming setbacks for all of the existing structures.
The placement of a second home on the property, as an Accessory Dwelling Unit was
approved by the County in 2002 by Special Use Permit. The permit was approved by
Resolution No. 2001-95. Copies of the Special Use Permit and Resolution are attached
with this pre -application summary and should be consulted to confirm that the current use
is still in compliance with the conditions of approval.
Update: Documentation of the manner in which the existing parcel was created needs to
be provided. This typically is documented by a copy of the deed demonstrating that the lot
was originally conveyed prior to the County's Subdivision Regulations or documentation of
a subdivision approval (i.e. Subdivision Exemption)
The property is designated in the County Comprehensive Plan as Residential Low Density
(see attached Future Land Use Map excerpt). This should be noted and addressed in the
application submittal responses to Section 7-103 Comp Plan Consistency.
The following Sections of the Garfield Land Use and Development Code are applicable to
the proposed application:
® Section 5-301 Minor Subdivision (including review criteria) — a legal lot existing at
the time of adoption of the Land Use and Development Code as amended (adopted
in 7/2013) is eligible to utilize the Minor Subdivision Process once so long as it is not
evading the major subdivision process.
® Table 5-103 Common Review Procedures and Required Notice
® Section 5-401 and Table 5-401 Submittal Requirements
® Section 5-402 Description of Submittal Requirements
® Section 4-103 Administrative Review (including public notice)
Section 4-203 Description of Submittal Requirements (as applicable)
Provisions of Article 7, Divisions 1, 2, 3 and 4, as applicable including site planning
and subdivision standards.
® Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as
applicable or needed.
Outlined below is a list of information typically required for this type of application:
General Application Materials including copy of the application form, application
fees, signed Payment Agreement Form.
e Proof of Ownership (title work, copy of a deed) and information on any lien holders.
o A narrative describing the request and related information.
Names and mailing addresses of properties within 200 ft. of the subject property,
(including mapping is recommended).
a Mineral rights ownership for the subject property including mailing address including
a description of how mineral rights were researched — instruction memo is attached)
If owner intends to have a representative (Planner or Attorney) a letter of
authorization to represent is needed.
Copy of the Pre -application Summary needs to be submitted with the Application
Vicinity Map including areas within approximately 3 miles.
The Proposed Minor Subdivision Plat showing the proposed lot lines and all
easements existing and proposed including utility and access easements.
Site Plan and related information (some information may also be included on the
proposed plat) including topography. Waiver requests to only show topography on
the developable portion of the lots and on the access driveways may be considered.
The site plan/plat should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
Water Supply Plan including information on legal water (well permits) to serve both
lots, well pump tests along with water quality testing. The plan needs to address the
water supply for both lots. The Division of Water
Resources policies may require individual wells for
each lot. Contacting the Division prior to submittal is
highly recommended.
Waste Water Management Plan need to include
information on the existing OWTS systems. Providing
copies of the County permitting if available is
recommended.
Evidence of existing service for other utilities will need
to be provided.
0. Any existing or proposed covenants on the property.
• Information as applicable to demonstrate compliance
with provisions of Article 7 Standards. Application
formatting that addresses each section of Article 7 is
recommended.
• Information on the adequacy of the existing access
driveways to serve the proposed lots. If roadway
waivers are needed from Section 7-107 the attached
roadway waiver guidelines should be addressed in the
submittals by a licensed professional engineer.
Both the paper and the digital copy
should be split into individual sections.
Please refer to the list included in your
pre -application conference summary for
the submittal requirements that are
appropriate for your application:
• General Application Materials
Vicinity Map
• Sita Plan
• Grading and Drainage Plan
• Landscape Plan
• Impact Analysis
Traffic Study
• Water Supply/Distribution Plan
Wastewater Management Plan
• Article 7 Standards
o Cost estimates for any major improvements such as
roadway upgrades if needed. If there are no engineered improvements planned or
required the application should indicate such.
Referral to the Colorado Geological Survey is also required with an additional
referral fee.
Waiver requests from submittal requirements or standards need to be included in the
submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202).
Based on the existing improvements on the site some waivers are anticipated.
Additional follow-up meetings with staff are recommended to further discuss waiver
options.
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and
digital copies should be split into individual sections. Please refer to the pre -application
summary for submittal requirements that are appropriate for your Application.
The review process shall follow the steps contained in Table 5-103 and Section 4-103 for
an Administrative Review including:
Pre -Application meeting (completed)
Submittal of Application (3 hard copies & one digital PDF copy)
Completeness Review
Additional Submittals if determined to be incomplete
Setting a date for the. Director's Decision
Referrals are sent out to reviewing agencies including the Colorado Geological
Survey
® Public Notice to Property Owners within 200 ft. and mineral rights owners on the
subject property 15 day's prior to the Director's Decision
Director's Decision
10 Day Call-up Period
Finalizing the Minor Subdivision Plat and any required conditions
. Circulation of the plat for Applicant & Other Signatures
Board of County Commission Signing the plat as a consent agenda item
A request to call the application up for review by the Board of County Commissioners may
be initiated by the Director of the Community Development Department, the Board of
County Commissioners, the Applicant or an affected Adjacent Property Owner in
accordance with the procedures contained in Section 4-112.
Public Hearing(s): X Directors Decision (with public notice)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County .Surveyor,
Garfield County Road and Bridge Department,- Garfield County
Consulting Engineer, Garfield County Vegetation Manager,
Colorado Geological Survey, Fire Protection District, Colorado
Division of Water Resources, Garfield County Environmental
Health.
Planning Review Fees: $400
Referral Agency Fees: $tbd ($600 Colo.Geological Survey - others tbd)
Total Deposit: $400 _(additional hours are billed at hourly rate of $40.5
Planner reviews case for completeness and sends to' referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to
determine if it meets standards of review and makes a recommendation of approval,
approval with conditions, or denial to the Director of the Community Development
Department.
Disclaimer
The foregoing summary is advisory in nature only and is
summary is based on current zoning, which is subject to
factual representations that may or may not be accurate.
legal or vested right and is valid for a period of 6 months
requested.
Application StAmittal —.Public lnformation
not binding on the County. The
change in the future, and upon
This summary does not create a
after which an update should be
The Applicant is advised that the Application submittal once accepted by the County
becomes public information and will be available (including electronically) for review by the
public. Proprietary information can be redacted from documents prior to submittal.
Pre-aplication Surnmary Prepared bv:
Glenn Hartmann, Senior Planner Date
Garfield County Community Development Department
EXCERPT FROM THE
COMPREHENSIVE PLAN
FUTURE LAND USE MAP
3 1
331
1
Applicant's Site S
-
1r . y
347
LIGHT YELLOW = RESIDENTIAL LOW
DARK YELLOW = RESIDENTIAL MEDIUM
DARK TAN= RESIDENTIAL MEDIUM — HIGH
WHITE = OPEN SPACE - PUBLIC LANDS
RED BAND = URBAN AREA OF INFLUENCE
GREY = URBAN GROWTH AREA
BLUE BAND = GREENWAY TRAIL
GREEN CROSS HATCH = CONSERVATION ESW
v
v
E
E
E
N
U
arflc� Coup:ty
Minor Subdivision Review Process
(Section 5-301)
Step 1: Pre -application Conference
-Applicant has 6 months to submit application
•10 business days to review
-If Incomplete, 6o days to remedy deficiencies
Step 4 Schedule Decision Date and Provide Notice
•Mailed to adjacent property owners within 200 feetand mineral owners
at least 15 days prior to decision date
Step 5: Referral
•21 day comment period
Step 6: Evalotion by Director
Step 7; Director's Derision
-call-6p Period - within 10 days of Director's Decision
-Applicant has I year to meet any conditions of approval
Policy 0114
Waivers for Roads and Demonstration of Compliance
Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all
roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The
LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords
primary access to abutting property, excluding a driveway accessing a single property."
The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party
for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated
and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as
defined in Table 7-107.
The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an
alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative
will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard
(Section 4-118).
In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County
has asked that Applicants request a waiver of Section 7-107.1{, Design Standards, and include in the Application submittal
sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the
criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include:
A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear
statement that finds that the road will be adequate for the proposed use. This statement must be signed by a
professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this
evaluation, the following information will be required to be provided:
o Geometry of the road — A description of how the private road does/does not meet the design standards
in -Table 7-107. This should include a chart that compares the private road design to those standards in
Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate
from the standards. A narrative may also be helpful in describing the characteristics of the road as they
compare to Table 7-107 design standards. Unless available, this is not intended to imply construction -
level drawings.
o Safety/Structural Issues — A description of obvious safety and/or structural issues observed and a
statement about how these issues will be addressed.
o Maintenance — A description of how the road is and/or will be maintained. This should be supported
with the submittal of any existing or proposed maintenance agreements for the road sections.
o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily
Traffic on the road. This should also include the types of vehicles that currently use the road as well as
the additional amount and type of traffic that the proposed use will generate through all phases of its
development.
Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed,
which includes documentation about legal access. Sufficient evidence will be required to be submitted to
demonstrate compliance with these sections ofthe Code.
Ec
MEMORANDUM
TO: Staff
FROM: County Attamey's Office
DATE: June 24, 2014
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDO") Section 4-
101(13)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means:'
It is the duty of the applicant to notify mineral interest owners. The following is a suggested
process to research mineral interests:
1. Review the current ownership deed for the property (Le. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy, Are there exceptions to title listed under Schedule B -
II? If so, review for mineral interests that were reserved and oil and gas leases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property, The Assessor's office no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
F MEMO
June 24, 2014
Page 2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
S. Research whether a Notice of Mineral Estate Ownership was fled for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8. Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or landman.
Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
6
Re�ep�lon#' erg@1$_ aan ArbBrlaa
912812014. i2:01:flS PM J
Foe:50+09 D96 Fee:a.00 GARFIELD COUNTY CO
SPECIAL. USE PERMIT
Debra Engelhardt
In accordance with and pursuant to the provisions of the Garfield County Zoning
Resolution of 1979, as amended, and Resolution No. 200195 of the Board of County
Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use
Permit, the following use:
Placement of an Accessory Dwelling Unit in the AIR/RD Zone District,
On the following described tract of land in Garfield County, Colorado:
Property located at 4290 County Load 331, Silt, CO, Garfield County.
The within Special Use Permit is issued subject to the conditions set forth in the above-
mentioned resolution, and shall be valid only during compliance with such conditions and
other applicable provisions of the Garfield County Zoning Resolution, Subdivision
Regulations, Building Code, and other regulations of the Board of County
Commissioners of Gaff pld. County, Colorado.
�j.pppxgLn COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
Ata regular meeting of the Board of County Commissioners for Gafeld County, Colorado, held in
the Commissioners, Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 17th
day of December A.D. 2001$ there were present'
John a tin
4 Commissioner Chairman
I cCo .
Commissioner
Y t Stowe
Commissioner
Doti I)eFoiCI
County Attorney
—ldred Aladdrfa
Clerk of the Board
County Administrator
when the following proceedings, among others were had and done, t® merit:
RESOLU` ION NO. 2001-95
FOR
ARES( HARD IST CONCERNED ALL® OR AN CESSORY DWELLING UNI IN `TETE WITH THE APPROVAL OF A SPECIAL USE PERMIT
ZONE
EIolGELfIARI)'I' `I'
DISTRICT.
WHEREAS, the, Board of County Commissioners of Garfield County, Colorado, has received application
from Debra Engelhardt concerned with a Special Use hermit to allow an accessory dwelling unit on property
located at 4250 County Road 331, Silt, CO, Garfield County;
WHEREAS, the Board held a public hearing'on the 10th day ofSopWwber.2001 upon the question of
whether the above-described. Special Use permit should be granted or denied, at which heating the public
and interested persans were givers the opportunity to express their opinions rogarding the issuance of said
Special Use Permit; and
AREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hea-dng, has made the following detenW Ilon of fact:
1, That proper publication and public notice was provided as -n qulred by law for the, hearing
before the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested pat -ties were
heard at that hearing.
�i'
M A 001lF
COUNTY co
3. 'That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
4, For the above stated and other reasons, the proposed special use permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
'Caunty,'Colorado, that the Special Use hermit be and hereby is approved to allow for an accessory dwelling
unit, upon the f`ollowi speci - - oc t��tions:
1. That all representations of the applicant, either within the application or stated at the hearing
before the Board of County Commissioners, shall be considered conditions of approval;
2. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of
1978, as amended, (including but not limited to the live stream setback) and shall greet all
building code requirements; that all State and Focal health standards be met and that the
applicant acquire an adequate ISDS permit at the building permit stage;
3. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet;
that the accessory dwelling unit shall not be conveyed as a separate interest but may be
leased;
4. That, prior to issuance of the special use pennnit that the following information be
provided:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the chmeteristics of the
aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing draw down and recharge;
4. A, written opinion of the person conducting the well test that this well should be
adequate to supply water to two (2) dwelling units;
5. An assumption of an average of no less than 3.5 people per dwelling unit using 100
gallons of water per person, per day;
6. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
5, That it is the applicant's responsibility to comply with any applicable covenants or
Homeowners' Association rules; the special use permit will not be issued until proof of
written approval of the accessory dwelling unit by the Homeowners Association, or proof that
no covenants are applicable, be submitted to the Planning Department;
6. That this approval shall be valid until 9/10/02. If the applicant fails to meet these conditions
by 9/10/02, and subsequently the special use permit is never issued, the approval shall be
1 I Iil�i I ��
�»LOF
f O
2 1P B11241
00 D11 0.00 -0-ARFIELD MUM Co
3 9 R
automatically revoked, unless an extension is granted by the Board of Comity Conmlissi011crs
A.D. 2001
Dated this -17 —th day of Pe "--Mbe-r .
ATTEST.,
X.
44
D
adt and seconded the
COUNTY BOARD OF
(ERS, GARFIELD COUNTY,
was ad,optq"y the following vote:
--...Aye
- - - ------------- =-.5 Aye
Aye
COMMISSXONER LARRY — L. 'COWN
STATE OF COLORADO
)ss
County of Garfield
cnjbfrj,0j6 0ark of tl O'Bdbxd Oi County
-b eertifythatoloaxed mdforefoing
r Mato afqTt�aid do hereby
6 ofthe proceeding of the Board of County Conuni-sSioners or
Pt On lyo pied froin theRecord
01 i is UU. - 001 . -
said OwfigId C.001ysnow in MY Ace.
WIMSS V -ed the sed of said -CountY, at
IN "REOV, I hob. hereunto 50t.my hand and affix
A.D. 2001.
Glenwood Springs, this _ day of
County Clerk and ox -officio Clerk of the Board of County Commissioners
(' field County
Community DevOupmem, L Department
108 3111 st-eet, Suite dol
sGRen ood Springs, CO 816011
(970) 945-8212
www.garfield-county.com
TA, X PARCEL HW B IERe 2179-341-00-404 DATE: 6/2./16
PROJECT: Elder Minor Subdivision
Off§ NER/APPL=NT. Jarad B. Elder
VREpRESENTA` WE— Musty Garcia
PRAC=AL LOCATWH. The site is located at 4230 County Read 331 approximately 4112
miles south of the Town of Silt, in Section 34, T6S, R92W of the 61h p.m.
5rvpr OF 4, pp=i1TP)Wa Minor Subdivision
ZOmrle. Dural (R)
MZE. Approximately 6 acres
L GENERAL PROJECT ECTi DESCrR PTION
The Applicant is planning for a minor subdivision to split the existing 6 acre tract into two
lots. The property is located at the intersection of County Road 331 and 326. There are
currently two homes on the property and each proposed lot would contain one of the
existing homes. The 6 acre parcel would be divided into lots each a minimum of 2 acres in
size to conform with the underlying zoning. The exact configuration of the lots is yet to be
determined by the owner. The two homes are served by a shared well. It is anticipated
that both are served by their own individual CWTS,, however, that will need to be confirmed.
Each home has its own access driveway with one home accessing off of County Load 331
and the other accessing off of County Road 326. Other improvements on the property
include a pond and accessory/shop buildings. The configuration of the new lots will also
need to maintain conforming setbacks for all of the existing structures.
The placement of a second home on the property, as an Accessory Dwelling Unit was
approved by the County in 2002 by Special Use Permit. The permit was approved by
Resolution No. 2001-96. A copy of the Resolution is attached with this pre -application
summary and should be consulted to confirm that the current use is still in compliance with
the conditions of approval.
Ojo COMPREHENSIVE PLAN
The propertV is designated in the County Comprehensive Plan as Residential Low Density
(see attached Future Land Use Map excerpt).
119. REGULATORY PROVISIONS APPLICANT IS REQUIRED To ADDRESS
The following Sections of the Garfield Land Use and Development Code are, applicable to
the proposed application:
• Section 5-301 Minor Subdivision (including review criteria) — a legal lot existing at
the time of adoption of the Land Use and Development Code as amended (adopted
in 7/2013) is eligible to utilize the Minor Subdivision Process once so long as it is not
evading the major subdivision process.
• Table 5-103 Common Review Procedures and Required Notice
® Section 5-401 and Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements
® Section 4-103 Administrative Review (including public notice)
• Section 4-203 Description of Submittal Requirements (as applicable)
• Provisions of Article 7, Divisions 1, 2, 3 and 4, as applicable including site planning
and subdivision standards. d Section 4-118, Waivers from Standards as
Section 4-202, Submittal Waivers an
applicable or needed.
outlined below is a list of information typically required for this type of application:
* General Application Materials including copy of the application form, application
fees, signed Payment Agreement Form. d information on any lien holders.
* proof of Ownership (title work, copy of a deed) an
* A narrative describing the request and related information. subject peoperty,
* Names and mailing addresses of properties within 200 ft. of the
(including mapping is recommended). Ing address including
* Mineral rights ownership for the subject property including mail
a description of how mineral rights were researched — instruction -memo is attached)
• If owner intends to have a representative (Planner or Attorney) a letter of
authorization to represent is needed. with the Application
• Copy of the Pre�appllcation Summary needs to be submitted
® Vicinity Map including areas within approximately 3 miles. nos and all
• The Proposed Minor Subdivision Plat showing the proposed lot Ii
easements existing and proposed including utility and access easements.
® Site Plan and related information (some information may also be included on the
proposed plat) including topography. Waiver requests to only show topography on
the developable portion of the lots and on the access driveways may be considered.
* The site plan/plat should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
* Water Supply Plan including information on legal water- (well permits) to serve both
lots, well pump tests along with water quality testing. The plan needs to address the
water supply for both lots, The Division of Water Resources policies have recently
changed and typically require individual wells for each lot. Contacting the Division
prior to submittal is highly recommended.
® Waste Water Management Plan need to include information on the existing OWTS
systems, Providing copies of County permitting if available is recommended.
® Evidence of existing service for other utilities will need to be provided.
* Any existing or proposed covenants on the property.
* Information as applicable to demonstrate compliance with provisions of Article 7
Standards. Application formatting that addresses each section of Article 7 is
recommended.
* Information an the adequacy of the existing access driveways to serve the proposed
lots. If roadway waivers are needed from Section 7-107 the attached roadway
waiver guidelines should be addressed in the submittals by a licensed professional
engineer.
® Cost estimates for any major improvements such as roadway upgrades if needed. If
there are no engineered improvements planned or required the application should
indicate such.
* Referral to the Colorado Geological Survey is also required with an additional
referral fee.
® Waiver requests from submittal requirements or standards need to be included in the
submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202).
Based on the existing improvements on the site some waivers are anticipated.
Additional follow-up meetings with staff are recommended to further discuss waiver
options.
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and
digital copies should be split into individual sections. Please refer to the pre -application
summary for submittal requirements that are appropriate for your Application.
The review process shall follow the steps contained in Table 5-103 and Section 4-103 for
an Administrative Review including:
• Pre -Application meeting (completed)
® Submittal of Application (3 hard copies & one digital PDF copy)
• Completeness Review
® Additional Submittals if determined to be incomplete
* Setting a date for the Director's Decision
* Referrals are sent out to reviewing agencies including the Colorado Geological
Survey n ahin 9nn ft and mineral rights owners on the
e PubliPropertyvv
ic otice to Property nels %A
subject property 15 days prior to the Directors Decision
® Director's Decision
0 10 Day Call-up Period
a Finalizing the Minor Subdivision Plat and any required conditions
® Circulation of the plat for Applicant & Other Signatures
o Board of County Commission Signing the plat as a consent agenda item
A request to call the application up for review by the Board of County Commissioners may
be initiated by the Director of the Community Development Department, the Board of
County Commissioners, the Applicant or an affected Adjacent Property Owner in
accordance with the procedures contained in Section 4-112.
Public Hearing(s): X Directors Decision (with public notice)
Planning Commission
—Boardof County Commissioners
Board of Adjustment
Referral Agencies-, May include but are not limited to: Garfield County Surveyor,
Garfield County Road and Bridge Department, Garfield County
Consulting Engineer, Garfield County Vegetation Manager,
Colorado Geological Survey, Fire Protection District, Colorado
Division of Water Resources, Garfield County Environmental
Health.
Planning Review Fees: $400
Referral Agency Fees: $tbd ($600 Colo.Geological Survey - others tbd)
Total Deposit: $400 (additional hours are billed at hourly rate of $40,50)
General Application PropgagLInA
Planner reviews case for completeness and sends to referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to
determine if it meets standards of review and makes a recommendation of approval,
approval with conditions, or denial to the Director of the Community Development
Department.
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right and is valid for a period of 6 months after which an update should be
requested.
Tenn Hartmann, Senior Planner Date
Garfield County Community Development Department
EXCERPT FROM THE
COMPREHENSIVE PLAN
FUTURE LAND USE MAP
z
r3 Is
Applicant's Site - 1 326-
` of air J
471
LIGHT
LIGHT YELLOW = RESIDENTIAL LOW
DARK YELLOW = RESIDENTIAL MEDIUM
DARK TAN = RESIDENTIAL MEDIUM HIGH
WHINE = OPEN SPACE - PUBLIC LANDS
RED BAND = URBAN AREA OF INFLUENCE
GREY = URBAN GROWTH AREA
BLUE BAND = GREENWAY TRAIL
GREEN CROSS HATCH= CONSERVATION ESNIT.
2
E
T
E
&rfield County
Knor Subdivision Rnview Process
(SecVan 5-301)
Step 1: Pre -application Conference
L
-Applicant has 6mantht to submitapplIcatfan
Step 3: Completeness Review
*10business days to review
W Incomplatk 60 days to remedy daildend*s
Step 4: Schedule Decision Date and Provide Notice
-Mailed to adjacent property owners within 200 ket and mineral owners
at least 15 days prior W dedslon date
-
-21 day comment period VE��
- - - - - - - - - - - -
Step 7: Director's DeciSlon
#Call.up Period - within 10 days of DIrector's Dechton
*Applicant has I year to meet any conditions of approval
Poky 01-14
aWe rs for Roads and Demonstration ration oil Comg�lia nee
Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all
roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The
LDDC defines "road„ as "a County road, State highway, public road, street or alley, or private thoroughfare which affords
primary access to abutting property, excluding a driveway accessing a single property."
The LUDO defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party
for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated
and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as
defined in Table 7-107.
The L.UDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an
alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative
will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard
(Section 4-118).
In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County
has asked that Applicants request a waiver of Section 7-107.17, Design Standards, and include in the Application submittal
sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the
criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include:
A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a cleat
statement that finds that the road will be adequate for the proposed use. This statement .must be signed by a
professional engineer qualified in traffic engineering and iicensed by the State of Colorado. To support this
evaluation, the following information will be required to be provided:
a Geometry of the road — A description of how the private road does/does not meet the design standards
in Table 7-107. This should include a chart that compares the private road design to those standards in
Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate
from the standards. A narrative may also be helpful in describing the characteristics of the road as they
compare to Table 7-107 design standards. Unless available, this is not intended to imply construction -
level drawings.
a SaafetyfStructural //sues — A description of obvious safety and/or structural issues observed and sa
statement about how these issues will be addressed.
• Maintenance A description of how the road is and/or will be maintained, This should be supported
with the submittal of any existing or proposed maintenance agreements for the road sections. ,
a Travel Demand An accurate count of the existing peak travel demand as well as the .Average Daily
Traffic on the road. This should also include the types of vehicles that currently use the road as well as
the additional amount and type of traffic that the proposed use will generate through all phases of its
development.
Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed,
which includes documentation about legal access. Sufficient evidence will be required to be submitted to
demonstrate compliance with these sections of the Code.
_ acyl jobs# LL j
TO: Staff
FROM: County Attomey's Office
DATE: June 24, 2014
lam: Mineral Interest research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-
101(;)(1)(17)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and recorder or
Assessor, or through other means."
It is the duty of the applicant to Notify mineral interest owners, 7le following is a suggested
process to research mineral interests:
1. Review the cwrent ownership deed for the property (i.e. Warranty Deed, Special
Wa -mity, Quit Claim Deed or Bargain and Sale Deed—NOT ia Beed of Trust). The
ownership deed is usually one or two pages. is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A decd may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy. Are there exceptions to title listed ender Schedule B-
11? if so, review for mineral interests dept xere reserved and oil and gas leased.
3. Check with the Assessoes office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no longer documents the nainend
r%;Rwation ownership for its tax roll records tearless ownership has been proves'. There
are only a liaailed number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
mamo
Junc24,2014
Page 2
4. Research the legal description of the subject property vAth the Clerk- and Recorder's
computer. you can search the Section, Towmitip, and Range of the subject Property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search mider Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subed property.
d
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and Mcorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day,
9. Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. if you are unable to
detertnine mineral rights ownership by yourself, consider hiring an attorney or Wandman.
Attomeys and landmen specialize in daten-nining mineral rights ownership, but they charge a fee.
for their services.
I
Il! NvVIMIN MEMO'�
Re-0Atf�nt#: a��ars
09126 IA 1LGINGa Ptt Jean Alberles
1 of i Rea Fee -S9,09 Duo Fees®.®6 GpRFIEL@ COUNW �0
Placement of an Accessory Dwelling Unit in the Zone District,
On the fallowing described tract of band in Garfield County, Colorado:
Property located at 4280 County Road 331, Silt, CO, Garfield County.
The within Special Use Permit is issued subject to the conditions set forth in the above-
mentioned resolution, and shall be valid only during compliance with sucb conditions and
other applicable provisions of the Garfield County Zoning Resolution, Subdivision.
Regulations, Building Code, and other regulations of the Board of County
Commissioners of GarIkeld County, Colorado.
IN
1 ILI UIM MH MUM �" M UNID MIN HIM "I MIN Hl IM
1P Dam P, 0 flLfflopv
t
@tr RP99LD 0 JOV CD
STATE OF COLORADO )
ass
County of Claffield
Ata regular meeting of the Board o€County Corramissioners for Geld County, Colorado, held in
the CoflvAissloneW Meeting Room, Garfield County Co ious-P, in Glenwood Spxings on Monday, the l7th
day of December A.D. 2001, there were Pinto
when the following proceedings, among others were had and dame, to -wit:
A RESOLUTION CONCERNED WnH THE APPROVAL OF A SPECIAL USE PERNT FOR DEBRA
ENGELHARDT To ALLOW FOR AN ACCESSORY DWELLING UNIT IN THE AIRJRD ZONE
DISTRICt
v S, the Board of County Conmussioners
l of Garfield County, Colorado, hN jived application
room Debra Engelhardt concemed with a Special Use Permit to allow an acmsory dwelling unit on ptopedy
located at 4280 County Road 331, Silt, CO, Cm field County,
g 59 , B om-d, held a public hearing on the 10th day of Se xn 2041 spa the qu on of
whether the above-descrlbtid Special Use Pemiit should be granted or denied, at wWoh hexing the public
and interested persons were given, the opportunity to express their opiraiorns regarding the issuance of said
Special use perwit; and
AREAS, the Board on the basis of substi inial competent evidence produmd at the
aforementioned hewing, has made the following determination offmte
1. That proper publication and public notice win provided as required by ]aura fors the he wiing
before the Board of County Commissioner &
2. `fit the heading beefom the Board of County Commissioners was extensive and Complete,
that an p�rdnernt facts, matters and issues were submitted and that all interested pmties Wee
hind at that hearing.
La
a mn-lissio ex:
-H
wait Stovre
4 corawssioner,
Dqn Depord
g County Attome-Y
Mildred Alsdorf
___-- . Clerk ofthe Board
Ed
County Administrator
when the following proceedings, among others were had and dame, to -wit:
A RESOLUTION CONCERNED WnH THE APPROVAL OF A SPECIAL USE PERNT FOR DEBRA
ENGELHARDT To ALLOW FOR AN ACCESSORY DWELLING UNIT IN THE AIRJRD ZONE
DISTRICt
v S, the Board of County Conmussioners
l of Garfield County, Colorado, hN jived application
room Debra Engelhardt concemed with a Special Use Permit to allow an acmsory dwelling unit on ptopedy
located at 4280 County Road 331, Silt, CO, Cm field County,
g 59 , B om-d, held a public hearing on the 10th day of Se xn 2041 spa the qu on of
whether the above-descrlbtid Special Use Pemiit should be granted or denied, at wWoh hexing the public
and interested persons were given, the opportunity to express their opiraiorns regarding the issuance of said
Special use perwit; and
AREAS, the Board on the basis of substi inial competent evidence produmd at the
aforementioned hewing, has made the following determination offmte
1. That proper publication and public notice win provided as required by ]aura fors the he wiing
before the Board of County Commissioner &
2. `fit the heading beefom the Board of County Commissioners was extensive and Complete,
that an p�rdnernt facts, matters and issues were submitted and that all interested pmties Wee
hind at that hearing.
HEM MM UHU ME lffi Hor mum ol. wr ou� uu�
@0 fflurgy—OD MOW M
I 'Diat flie application is in complianm with the GaAeld. County Zomig Resolution of
1978, as amended,
4. For die above stated and other reasons, the proposed s ial use pamgt is in the let
irntemst of the health, saffety, motels, convenience, order, prosperity and welffaxe of the
c;.67 -ens Of Gar -field cm-Ity.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Co mmissionems of Garfield
Coimty, Colorado, that Vie Special Use permit be and hereby is approved to allow for an wesmry dwelling
unit, upon the f(Dilowirng specific conditions:
-L That all rePNSentatiffis off the appincaflt, either wi n the application or s teal at the hem'lg
befforre the board of County Comadssioners, shall be considered conditions of approval;
2. That the applicant AAR meet all requirements of the G"Old CoUntY Zoning Resole don of
1978, as amended, (including but not limited to the live str -m setback) aid shvIl A -neat all
building coda requirements; that all Mate and Local health standards be met and tlwt alae
applicant acquire an adequate IMS permit at the buddhg vama t stages
3. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 sgwxe feet,
that the accessory dwelling unit sha H not be conveyed as a separate ixntemst but Rnay be
leased; - - -
4. That, prior to issuance of the, special use perm, it that the follovAng Womaation 13e
provided:
1. gnat a four (A) hour punp test he parfonnad on the well to be used,
2. A well complodogn report demonstrating the depth of the well, the characteristics Of tile
Squsil°er and the static waster level-,
I The. results of the four (4) homy pump test indicating tl-nc pumping rate in gallons per
minute and inffonnation showing draw down and ir"harge,
4. A written opinion of the p pion conducting the well test that INs well sho03 d bc
adequate to supply watery to tiro (2) dwellingmks;
5. An assmption of an avcrage of no less than 3.5 people per dwelling uAt u3ing 100
gallons of water por person, parr day,
. 7t7 e water quality he tested by an independent tesft laboratory and meat Smote
guries concerning bacteda and mdtrates.
5e Thffit it is tine applicant's rresponsibIty to comply with any applicable covenants or
Homeowners" Association Mies'; One special U10 pgrinit will uOt h2 issued until proof Of
V,fltg�ea approval ofthe accessory dwelling uM by the Horrneowna errs-Awmciadon, or pmofthat
no covenants m applicable, be snbmiMA to I@ Plwning Depadmemt,
6. tchat dais approval shall he valid unfll 9110101 If the dpplicaut fails to I -neat these c Ono uti®w
by 9110102, and subsequently the special use permit is meVer issued, the approval shall be
� �j E -1" 1 ME HOHN ME HE, 1111MMIN HN
0951 gp 013m
i��M MM
An? -012002 0:339
c 3 R Q a @q 0 0.90 fflgao
autoynatically revoked, runless w extension is meted by the board cif County Co isaionem.
Dated this day of December • A.D. 2041,
ATTEST:
.� Q�ggq'�yVi
• p6rJ ��yi -" y�~
Daly made and seconded the
COUNTY BO��,yy��I��(��yTO�jF'
was adopted by the following vote:
cam ���� MA � t� R�it� , Aye
COMMISSIONER WALTER A. STOWS' _ Aye
COMMI s STONER MARRY L. MCCOWN WN A,ye
STATE E OF COLORADO )
)S5
County of CvaAeld )
NY . _ _• County Clerk and ex-ofizclo Clerk of the Board of County
Conunissibners in and for the County aid State aforeW d do hereby certify that the sexed and foregoing
Resolution is tmly copied from the Records of the Proceeding of the Board of County Commission= for
said Ga&eIld Cowty, now in MY Office.
1N WITNESS t - SS Wk1E ®F, I have hereunto set any hared and wed the seal of said County, at
Glenwood Springs, this day of 4 A.D. 2001.
county Clerk and ex -officio Cledk of the Board of Covngy Commissioners
RELEVANT SECTION 4-202, 4-203 AND 5-402 SUBMITTALS
4-202. WAIVER OF SUBMISSION REQUIREMENTS
The following waivers are requested as they are determined to be inappropriate or unnecessary
in determining whether the application satisfies applicable standards. Those where a waiver is
not requested but are completely inapplicable are noted as such.
4-203E Grading and Drainage Plan (WAIVER REQUESTED)
4-203F Landscape Plan (WAIVER REQUESTED)
4-203G Impact Analysis (WAIVER REQUESTED)
4-203H Rezoning Justification Report (NOT APPLICABLE)
4-2031 Statement of Appeal (NOT APPLICABLE)
4-203J Development Agreement (NOT APPLICABLE)
4-203K Improvements Agreement (NOT APPLICABLE)
4-203L Traffic Study (WAIVER REQUESTED)
4-203M Water Supply and Distribution Plan (WAIVER REQUESTED)
4-203N Wastewater Management and System Plan (WAIVER REQUESTED)
4-2030 Floodplain Analysis (NOT APPLICABLE)
4-203E. GRADING AND DRAINAGE PLAN/ GROUNDWATER DRAINAGE REPORT. Because the
dwellings/ADU and roadways are already in existence, no grading or changes to drainage or
stormwater runoff are anticipated. Accordingly, no grading and drainage plan/groundwater
drainage report is necessary.
4-203F. LANDSCAPE PLAN.
Because the existing dwellings/ADU and roadways are already in existence, no new landscaping
or changes to landscaping are anticipated. Both proposed lots have mature native vegetation
and landscaping. Accordingly, no landscape plan is necessary.
4-203G. IMPACT ANALYSIS.
Because the existing dwellings/ADU and roadways are already in existence; the proposed two -
lot split subdivision will not impact the site. The existing will remain the same and there are no
anticipated potential changes created by the project. Accordingly, no impact analysis report is
necessary.
4-203L. TRAFFIC STUDY/ROAD ENGINEERING REPORT. The access to the parcel with the
dwelling at 4280 County Road 331 is from County Road 331 and the access to the parcel with
the ADU on 0066 Chipperfield Lane (County Road 326) is from Chipperfield Lane (County Road
326). The private driveway easements shown on the site plan/preliminary plat map provides
access to the two proposed lots from the respective roads.
Because this is a fairly simple two lot split, the cost of an engineering study for County Road 331
and Chipperfield Lane (County Road 326) or a traffic study for impacts would be an undue
burden given the small size of the project, limited complexity and essentially no change to the
existing traffic. Further, the ADU occupants have used Chipperfield Lane (County Road 326)
safely and without incident since 2001 and the occupants of the dwelling at 4280 County Road
331 have done the same since 1981. There are no additional traffic impacts to be created by
the two lot split due to the existence of the traffic generated by the ADU since 2001.
Accordingly, the Applicant has requested a waiver of the engineering report for the roadways
and the traffic study.
4-203M. WATER SUPPLY AND. DISTRIBUTION PLAN.
The source of water for the proposed subdivision is a shared well which has served both
existing dwellings since 2001 when the ADU was approved and completed. The legal
availability of the water is demonstrated by the well permitted by CDOWR 55921-F for two
single family dwellings, the irrigation of not more than 2,000 square feet of lawns and gardens,
and the water of two head of livestock. The physical supply of the water is demonstrated by a
eight hour pump test done September 23, 1981 that indicates the well was pumping at a rate of
15 gallons per minute. Testing done March 2003 shows no concerns with water quality. The
well will be shared between the two proposed lots pursuant to a declaration of water well use
and maintenance obligations. A copy of the well permit, well inspection form, 8 hour pump
test, water quality test and draft declaration are included in the application materials. Because
the well has served both existing residences since 2001, the physical supply of water and quality
of the water is adequate. The well permit demonstrates legal supply.
Because this is a fairly simple two lot split, the cost of an engineering study for the water supply
would be an undue burden given the small size of the project and limited complexity. Because
the well has served both existing residences since 2001, the physical supply of water and quality
of the water can be assessed as adequate without engineering review. The well permit
demonstrates legal supply.
4-203N. WASTEWATER MANAGEMENT AND SYSTEM PLAN. Onsite wastewater treatment
systems currently serve both existing dwellings (Applicant's residence and the ADU). Each of
the proposed lots is eligible for an onsite wastewater treatment systems. No additional
dwellings are anticipated on the proposed lots. A copy of the Septic Permit for the ADU is
included in the application materials; a copy of the Septic Permit for the dwelling at 4280
County Road 331 could not be obtained from the County presumably because of age.
Because this is a fairly simple two lot split, the cost of an engineering study for the wastewater
management plan would be an undue burden given the small size of the project and limited
complexity. Because the dwellings on both proposed lots are currently served by existing and
permitted onsite wastewater treatment systems, the wastewater system can be reviewed
without and engineering report.
5-402F. FINAL PLAT. A copy of the proposed Final Plat is included in the application materials.
5-4021. CODES, COVENANTS, RESTRICTIONS. The proposed subdivision is a simple two -lot split
and codes, covenants, restrictions, or other are not necessary or applicable. Accordingly, no
additional CC&Rs are proposed. The well and water system are governed by a Declaration
between the two proposed lots which has been included in the application materials.
COMPLIANCE WITH SECTION 5-30101-11
1. The proposed subdivision complies with the requirements of the applicable zone district
and the LUDC. No zoning change is requested. The property as subdivided will remain
zoned Rural with a residence on each lot. The proposed lots meet the applicable zone
district requirements for lot area, width, frontage, depth, shape, location, and
orientation as stated in the LUDC.
2. The proposed subdivision is in conformance with the Comprehensive Plan. The
proposed subdivision is in compliance with the comprehensive plan which designates
the area as Low Density Residential (2 acres minimum). Upon completion of the
proposed subdivision, the two lots will be 2 and 3 acres in size. The proposed
subdivision does not suggest any changes in use to either lot and both lots will remain
residential in nature.
3. The Applicant has shown satisfactory evidence of legal, physical, adequate and
dependable water supply for each proposed lot. The source of water for the proposed
subdivision is a shared well which has served both existing dwellings since 2001 when
the ADU was approved and completed. The legal availability of the water is
demonstrated by the well permitted by CDOWR 55921-F for two single family dwellings,
the irrigation of not more than 2,000 square feet of lawns and gardens, and the water of
two head of livestock. The physical supply of the water is demonstrated by a eight hour
pump test done September 23, 1981 that indicates the well was pumping at a rate of 15
gallons per minute. Testing done March 2003 shows no concerns with water quality.
The well will be shared between the two proposed lots pursuant to a declaration of
water well use and maintenance obligations. A copy of the well permit, well inspection
form, 8 hour pump test, water quality test and draft declaration are included in the
application materials. Because the well has served both existing residences since 2001,
the physical supply of water and quality of the water is adequate. The well permit
demonstrates legal supply.
4. The Applicant has shown satisfactory evidence of adequate and legal access for each
proposed lot. The access to the two proposed lots is already in existence as the dwelling
at 4280 County 331 has driveway access is from County Road 331 and the ADU at 0066
Chipperfield Lane (County Road 326) has driveway access via Chipperfield Lane (Country
Road 326).
1
5. There are no additional easements necessary to serve the proposed subdivision.
Easements for the driveway access, utilities, and well and water system are shown on
the proposed plat.
6. Onsite wastewater treatment systems currently serve both the existing dwelling and the
ADU on the proposed lots. Each of the proposed lots is eligible for an onsite wastewater
treatment system. A copy of the septic permit for the ADU is in included in the
application materials; the septic permit for the dwelling could not be located by the
County, presumably due to its age.
7. The proposed subdivision will mitigate hazards identified on the property to the extent
practicable. No natural or geographic hazards affect this property. No natural or
manmade geologic hazards exist in the location of the proposed subdivision. The
property and surrounding area is rated at Low to Moderate according to the County
Wildfire Susceptibility index -The property is not on slopes greater than 30 percent. The
Applicant agrees to maintain vegetation control to minimize potential impacts from
wildfire events.
8. Because the proposed subdivision does not include any changes in use to either lot and
because the driveway, well and water systems, OWTS, and residential dwelling are
already constructed and in place, no information on estimated probable construction
costs and proposed methods of financing is included with the application.
9. The Applicant has included a Certificate of Taxes Paid on the draft on both lots that shall
be appropriately filled in prior to recordation. A current Tax Certificate from the County
Treasurer for both the dwelling and the ADU are included in the application materials.
10. Applicant agrees to pay all fees.
11. The Final Plat shall meet the requirements of Section 5-402F prior to recording.
2
The Applicant is planning for a minor subdivision to split the existing 5 acre tract
into two lots. The property is located at the intersection of County Road 331 and
326. There are currently two homes on the property and each proposed lot would
contain one of the existing homes. The 5 acre parcel would be divided into lots
each a minimum of 2 acres in size to conform with the underlying zoning. The
exact configuration of the lots will generally be 2 acres and 3 acres. The ADU at
0066 Chipperfield Lane (County Road 326) will be positioned on the easterly 2
acre parcel and the original dwelling at 4280 County Road 331 will be positioned
on the westerly 3 acre parcel. The two homes are served by a shared well. Both
are served by their own individual OWTS. Each home has its own access driveway
with one home accessing off of County Road 331 and the other accessing off of
County Road 326 respectively. Other improvements on the property include a
pond and accessory/shop buildings. The placement of a ,second home on the
property, as an Accessory Dwelling Unit was approved by the County in 2001 by
Special Use Permit. The permit was approved by Resolution No. 2001-95. The
current use is still in compliancy with the conditions of approval.
Existing dwelling -4280 County Road 3�1
ADU- P6 Chipperfield Lane, County Road 326
DIVI�ON 1. GENERAL APPROVAL STANDARDS
7-101 ZONE DISTRICT USE REGULATIONS -
No zoning change is requested. The property as subdivided will remain rural.
According to the proposed subdivision the five (5) acre parcel will be divided into
two (2) lots; each not less than (2) acres. The proposed configuration of the two
(2) lots after the completion of the subdivision is the ADU with/on two (2) acres
and the existing dwelling with/on three (3) acres.
7-102 COMPREHENSIVE OLAN AND INTERGOVERNMENTAL AGREEMENTS
The proposed subdivision is in compliance with the comprehensive plan which
designates the area as Residential Low Density (not less than 2 acres). There are
no relevant intergovernmental agreements.
7-103 COMPATIBILITY
The nature, scale, and intensity of the proposed use are compatible with the
adjacent land uses which are rural and residential in nature. This property is
designated in the County Comprehensive Plan as Residential Low Density. See
attached County Map. The proposed configuration of the two (2) lots after the
completion of the subdivision is the ADU with/on two (2) acres and the existing
dwelling with/on three (3) acres. Both the residential dwelling and the ADU are
already in existence. There are no additional density issues to address as there is
essentially no change.
7-104 SOURC OF WATER
A. The proposed water supply will be adequate as nothing is changing.
There is an existing home at 4280 County Road 331 and an existing ADU
at 66 Chipperfield Labe. The water plan at the time of the allowance of
Existing dwelling -4280 County Road X31
ADU- 66 Chipperfield Lane, County Road 326
the ADU was sufficient to support the two households/dwelling and no
change is being made or proposed.
B. The Applicant has shown satisfactory evidence of legal, physical,
adequate and dependable water supply for each proposed lot. The
source of water for the proposed subdivision is a shared well which has
served both existing dwellings since 2001 when the ADU was approved
and completed. The legal availability of the water is demonstrated by
the well permitted by CDOWR 55921-F for two single family dwellings,
the irrigation of; not more than 2,000 square feet of lawns and gardens,
and the water of two head of livestock. The physical supply of the water
is demonstrated by a eight hour pump test done September 23, 1981
that indicates the well was pumping at a rate of 15 gallons per minute.
Testing done March 2003 shows no concerns with water quality. The
well will be shared between the two proposed lots pursuant to a
declaration of water well use and maintenance obligations. A copy of
the well permit, well inspection form, 8 hour pump test, water quality
test and draft declaration are included in the application materials.
Because the well has served both existing residences since 2001, the
physical supply of water and quality of the water is adequate. The well
permit demonstrates legal supply.
A. Water distribution systems- The property is not eligible for service by a
water supply entity. No central water distribution system is planned as
the proposed subdivision consists of two lots.
B. Wastewater Systems- The property is not eligible for connection to a
public sewer system. A center wastewater system is not requires
because the property is not located within 400 feet of a sewage
treatment facility and because the proposed lot size is eligible for an
onsite wastewater treatment system (OWTS). Onsite wastewater
treatment systems currently serve both existing the dwelling and the
ADU. A copy of the septic permit for the ADU at 0066 Chipperfield Lane
Existing dwelling -4280 County Road 3�1
ADU- 66 Chipperfield Lane, County Road 326
is attached, the septic permit for 4280 County Road 331 could not be
produced by Garfield County because of the age.
A. Adequate Public Utilities- Are already in existence. Holy cross electric is
separately run and metered to both the existing dwelling and the ADU.
There are no proposed changes to such as they have been properly
supporting both. See attached email from Debbie at Holy Cross Electric
in support of this.
B. The utilities already exist therefore no approval is needed; no new
utilities are being added. Easements to the existing utilizes are already in
place.
C. The utilities already exist therefore no approval is needed; no new
utilities are being added. Existing utilizes are already in place; there are
no new proposed utilities and therefore no utility locations to be
discussed or decided.
D. Dedication of Easements- All utility easements are already in existence
and properly dedicated.
E. Construction and Installation of Utilities- No new utilities are being
constructed or installed; all utilities currently exist and are adequate.
F. Conflicting Encumbrances- No new utilities are being constructed or
installed; all utilities currently exist and are adequate therefore there
are no conflicting legal encumbrances.
A. Access to Public Right -of -Way- No proposed changed to access; both the
existing dwelling and the ADU have their own separate accesses to the
public right-of-way. The existing dwelling as county approved access via
County Road 331 and the ADU has county approved access via
Chipperfield Lane (County Road 326). All access was previously
approved by the County.
B. Safe Access- No proposed changed to access; both the existing dwelling
and the ADU have their own separate accesses to the public right-of-
way. The existing dwelling as county approved access via county road
Existing dwelling — 4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
331 and the ADU has county approved access via Chipperfield Lane
(County Road 326). All access was previously approved by the County.
C. Adequate Capacity- No proposed changed to access; both the existing
dwelling and the ADU have their own separate accesses to the public
right-of-way. The existing dwelling as county approved access via
county road 331 and the ADU has county approved access via
Chipperfield Lane (County Road 326). All access was previously approved
by the County.
D. Road Dedications- No proposed changed to access; both the existing
dwelling and the ADU have their own separate accesses to the public
right-of-way. The existing dwelling as county approved access via
county road 331 and the ADU has county approved access via
Chipperfield Lane (County Road 326). All access was previously approved
by the County.
E. Impacts Mitigated- No proposed changed to access; both the existing
dwelling and the ADU have their own separate accesses to the public
right-of-way. The existing dwelling as county approved access via
county road 331 and the ADU has county approved access via
Chipperfield Lane (County Road 326). All access was previously approved
by the County.
F. Design Standards- No proposed changed to access; both the existing
dwelling and the ADU have their own separate accesses to the public
right-of-way. The existing dwelling as county approved access via
county road 331 and the ADU has county approved access via
Chipperfield Lane (County Road 326). All access was previously approved
by the County.
No proposed changes are being made to the land. The land will remain the same
and therefore there shall be no new Natural or Geoplogic Hazards to be identified
(including but not limited to falling rock, landslides, snow slides, mud flows,
radiation, flooding, or high eater tables.)
Existing dwelling -4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
A. Adequate fire protection- There are no land use changes and therefore
no additional fire protection required Colorado River Fire Rescue. This
was confirmed in a conversation with Orrin Moon.
B. Subdivisions- There are no land use changes and therefore no additional
fire protection required from Colorado River Fire Rescue. This was
confirmed in a conversation with Orrin Moon.
"JiVISION _«.SOUR E PROTECTION STANDARDS"
7-203 AGRICULTURAL LANDS
A. No Adverse Affect to Agricultural Operations- There are no land use
changes.
B. Domestic Animal Controls- There are no land use changes that would
affect the current agricultural lands.
C. Fences -There are no proposed new fences. Fencing exists as to the
current boundaries separating the Elder property from other adjacent
properties.
D. Roads- There are no proposed new roads. The only existing "roads" are
the driveways to the existing dwelling off of County Road 331 and the
driveway to the existing ADU off of Chipperfield Lane.
E. Irrigation Ditches- No irrigation ditches cross or adjoin the land to be
subdivided.
7-202 WILDLIFE C UABITAT AREAS
There are no proposed changes that would affect or impact the current wildlife
areas. The proposed subdivision will not increase the number of dwelling units or
increase the number or location of roadways. Accordingly, the proposed
subdivision will not have any impact on native vegetation utilized by wildlife and
will allow any existing migration corridors to remain intact.
7-203 PROTECTION OF WATERBODIES
The property is not near any waterbody except the on-site pond. There will be no
change to such on -sit pond. The pond will be located on the three (3) acre parcel
containing the existing dwelling at 4280 County Road 331. This is in accordance
Existing dwelling — 4280 County Road 331
ADU- 66 Chipperfield Lane, County Roao 326
with the Water Right and Augmentation Plan prepared by Resource Engineering,
Inc December 16, 1999.
7-204 DRAINAGE AND EROSION
The subdivision of the Elder property does not include any development.
Therefore there will be no change to the existing (A) erosion and sedimentation,
(B) Drainage, (C) Stormwater Run-off because the existing dwelling, ADU and
roadways are already in existence.
7-205 ENVIRNR®NMENTAL QUALITY
The subdivision of the Elder property does not include any development.
Therefore there will be no change to the existing (A) Air quality or (B) Water
quality. Given that the dwelling, ADU and the driveways are already constructed
and in use; the proposed subdivision should have no temporary or long-term
adverse effects on noise, air pollution, odors or waste generation.
7-206 WILDFIRE HAZARDS
The subdivision of the Elder property does not include any development.
Therefore there will be no change to the existing wildfire hazards. The property
and surrounding area is rated a Low to Moderate according to the County Wildfire
Susceptibility Index. The property in not on slopes greater than 30 degrees. The
applicant agrees to maintain vegetation control to minimize potential impacts
from wildfire events.
A. Location Restrictions - There is no proposed development to the land
use; there are no proposed changes.
B. Development Does Nor increase Potential Hazzard- There is no
proposed development to the land use; there are no proposed changes.
C. Roof Materials and Design -There is no proposed development to the
land use; there are no proposed changes. There is no new
development.
No natural or manmade geologic hazards exist in the location of the proposed
subdivision.
Existing dwelling — 4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
A. Utilities- Above -ground utilities, ALL utilities to the existing dwelling and
the ADU are already in place; there are no proposed changes.
B. Development is Avalanche Hazard Areas- There is no proposed
development to the land use; there are no proposed changes.
C. Development in Landslide Hazard Areas- There is no proposed
development to the land use; there are no proposed changes.
D. Development in Rockfall Hazard Areas- There is no proposed
development to the land use; there are no proposed changes.
E. Development in Alluvial Fan Hazard Area- There is no proposed
development to the land use; there are no proposed changes.
F. Slope Development- There is no proposed development to the land use;
there are no proposed changes.
G. Development or Corrosive or Expansive Soils and Rock- There is no
proposed development to the land use; there are no proposed changes.
H. Development in Mudflow Areas- There is no proposed development to
the land use; there are no proposed changes.
I. Development Over Faults- There is no proposed development to the
land use; there are no proposed changes.
7-208 RECLAMATION
No disturbance is anticipated which would require reclamation as the private
driveways, OWTS systems on both proposed lots, and the dwellings are already in
existence.
A. Applicability- There is no new development that requires a Land Use
Change Permit. There will be no change to the existing dwelling, ADU or
surrounding and therefore no disturbance.
B. Reclamation of Disturbed Areas- There is no new development that
requires a Land Use Change Permit. There will be no change to the
existing dwelling, ADU or surrounding and therefore no disturbance.
DIVISON 3. SITE PLANNING AND DEVELOPMENT STANDARDS
Both the existing dwelling and the ADU are single family dwelling units and
therefore exempt from these Division 3 standards.
7-301 COMPATIBLE DESIGN- Exempt per above
Existing dwelling — 4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
7-302 OFF STREET PARKING AND LOADING STANDARDS- Exempt per
above
7-303 LANDSCAPING STANDARDS- Exempt per above
7-304 LIGHTWG STANDARDS- Exempt per above
7-305 SNOW STORAGE STANDARS- Exempt per above
7-306 TRAIL AND WALKWAY STANDARDS- Exempt per above
DIVISON 4, SUBDiViSIOiL? S T ANDARS AND DE=SIGN SPECIFIC E T IONS
7-401 GENERAL STANDARDS
A. Maintenance of Common Facilities- Maintenance of common facilities,
specifically the water well will be dictated and accomplished through a
Declaration of Water and Well Use and Maintenance Obligations.
B. Domestic Animal Control- Applicant agrees to these provisions.
C. Fireplaces- Ther` are no proposed new solid fuel burning stoves. Pellet
stoves already exist at the dwelling. Applicant agrees to these
provisions.
D. Development in the Floodplain- There is no proposed development to
the land use; there are no proposed changes.
7-402 SUI MVISON LOTS
A. Lots Conform to Code- Lot area, width, frontage, depth, shape, location,
and orientation conforms to the applicable zone district requirements
and other appropriate provisions of this Code.
B. Side Lot Line Alignment- Not applicable.
C. Lots Configuration, Cul -de -Sacs- There are no proposed configurations
and none existing.
D. Lot Division by Boundaries, Roads, or Easements Prohibited- Lots are not
proposed to be divided by municipal boundaries, County road or public
rights or way.
7-403 SURVEY MCINUME�NTS- Please see attached PRELIM survey provided by
Construction Survey wherQ the Permanent Survey Monuments will be set.
Existing dwelling —4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
A. Monuments Located Within Streets- There will be no monuments
located within streets.
B. Setting by Standard Construction Techniques- Construction Survey will
provide their services:and insure compliance.
Applicant agrees to pay any school and land dedication fees due.
A. General- There is no reservation, dedication or payment for school land.
Not applicable.
B. Amount of School Land Dedicated- There is no reservation, dedication or
payment for school land. Not applicable.
C. Payment -In -Lieu of Dedication of School Land- There is no reservation,
dedication or payment for school land. Not applicable.
7-405 TRAFFIC IMPACT FEES
Applicant agrees to pay any traffic impact fees due. Because, however, the
proposed subdivision doe$ not include any increase in traffic (since the dwelling
and the ADU have been in existence and occupied since 2001 and prior), the
Applicant believes that no traffic impact fees should be due. Further the
Applicant has requested a waiver of the requirement fort he traffic study.
A. General Requirements
1. There will be no new traffic generated as the
dwelling and the ADU already exist and both have
separate driveways.
2. No building permits are required to be issues as the
dwelling and the ADU already exist and both have
separate driveways.
3. There shall be no capital improvements as the
dwelling and the ADU already exist, both have their
own separate driveways and there will be not be any
additional impacts to traffic.
4. There shall be no capital improvements as the
dwelling and the ADU already exist, both have their
Existing dwelling -4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
own separate driveways and there will be not be any
additional impacts to traffic.
5. There shall be no capital improvements as the
dwelling'and the ADU already exist, both have their
own separate driveways and there will be not be any
additional impacts to traffic.
6. There shall be no capital improvements as the
dwelling and the ADU already exist, both have their
own separate driveways and there will be not be any
additional impacts to traffic.
DIVISION S. STANDARDS APPLICAEBLE TO CONSERVATION SUBDIVISON
7-501 DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS
This section is not applicable; no conservation subdivision is proposed.
DIVISION 6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL
RELARED USES
7-601 ANIMAL SANCTUARY- Not applicable; the Elder Minor subdivision is a
simple subdivision of land containing a dwelling and an ADU that conforms to the
standards and plan for the designated area.
7-602 ANIMAL PROCESSING- Not applicable; the Elder Minor subdivision is a
simple subdivision of land containing a dwelling and an ADU that conforms to the
standards and plan for the designated area.
7-603 FENNELS- Not applicable; the Elder Minor subdivision is a simple
subdivision of land containing a dwelling and an ADU that conforms to the
standards and plan for the designated area.
7-604 VETERINARY CLINIC- Not applicable; the Elder Minor subdivision is a simple
subdivision of land containing a dwelling and an ADU that conforms to the
standards and plan for the designated area.
DIV15t. N 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES
Existing dwelling — 4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326
7-701 ACCESSORY DWELLING UNIT- ADU exists per approval in 2001; no
additional ADU is proposed.
7-702 HOME OFFICE/BUSINESS- Both the existing dwelling and the existing ADU
are used primarily for residential purposes.
7-703 MANUFACTURED HOME PARK- There is no proposed manufactured home
park.
7-704 GROUP HOME FACILITIES- There is no proposed group home facility.
7-705 TEMORARY EMPLOYEE HOUSING FACILITIES, MAJOR — There is no
proposed temporary employee housing facility.
7-706 TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR- There is no
proposed temporary employee housing facility.
7-707 TEMPORARY HOUSING FACILITIES, SMALL- There is no proposed
temporary employee housing facility.
DIVISION €3. ADDITIONAL STANDARDS FOR PUBLIC /INSTITUTIONAL USPES
7-801 AIRCRAFT, ULTRALUGHT OPERATIONS - There is no proposed operations.
7-802 AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED- There is no
proposed operations.
7-803 AIRPORTS AND HELIPORTS- There is no proposed operations.
7-804 FAMILY CHILD CARE HOME AND CHILD CARE CENTER- There is no
proposed operations.
DIVISION 9. ADDIITONAL STANDARDS FOR COMMERCIAL USES
7-901 BROADCASTING STUDIO- There is no proposed operations.
7-902 NURSERY/GREENHOUSE- There is no proposed operations.
7-903 OPTIONAL PREMISES CULTIVATION OPERATION- There is no proposed
operations.
Existing dwelling — 4280 County Road 3,31
ADU- 66 Chipperfield Lane, County Road 326
7-904 SHOOTING GALLERY/RANGE- There is no proposed operations.
7-905 CAMPGROUND/RECREATIONAL VEHICLE PARK- There is no proposed
operations.
DIVISION 10, ADDITIONAL; STANDARDS FOR INDUSTRIAL USES
7-1001 INDUSTRIAL USE- There is no proposed operations.
7-1002 GRAVEL EXTRACTPN- There is no proposed operations.
7-1003 MINING AND OTHER EXTRACTION USES- There is no proposed
operations.
7-1004 RECEYCLING COLLgCTION CENTERS- There is no proposed operations.
7-1005 SEWAGE TREATMENT FACILITY- There is no proposed operations.
7-1006 SOLID WASTE DISPOSAL SITE AND FACILITY - There is no proposed
operations.
7-1007 VEHICLE SAFETY AREAS- There is no proposed operations.
DIVISON 11. ADDITIONAL STANDARDS FOR UTUILITIES
7-1101 SOLAR ENERY SYSTEMS- There is no proposed operations.
7-1102 TELECOMMUNICATIONS FACILITIES- There is no proposed operations.
7-1103 WATER RESERVIOR- There is no proposed operations.
DIVISION 12. ADDITIONAL. STANDARDS FOR ACCESSORY USES
7-1201 ACCESSORY USE- There is no proposed uses or structures.
Existing dwelling — 4280 County Road 331
ADU- 66 Chipperfield Lane, County Road 326