HomeMy WebLinkAbout4.0 Director's Determination 05.16.17Gøffield Coülnty
May 16, 2017
Mark Chain
811 Garfield Avenue
Carbondale, CO 81623
Reference: Administrative Review Minor Subdivision - Etta Holgate - Holgate /
Luttrell Minor Subdivision Garfield County File Number MISA-02-17-8521
Dear Mr. Chain;
This letter is provided to you, as the authorized representative for Garfield County File
MISA-02-17-8521, pertaining to a Minor Subdivision of a parcel owned by Etta L. Holgate
with Parcel lD 246303400025. This letter is notification that your request for subdivision
has been reviewed by the Community Development Department and the Director hereby
issues a determination conditionally approving the request. The conditions of approval
are as follows:
Conditions Prior to Siqnature of the Plat
1. The Applicant has 90 days within which to satisfy applicable conditions of approval
and provide the following documentation for BOCC signature and recordation:
a. A plat mylar with signed Certificates that include Dedication and
Ownership, Title, Taxes, Surveyor, and any mortgagees.
b. The following amendments shall be made to the plat prior to obtaining
signatures. This updated plat shall be provided to and reviewed by the
Community Development Department prior to creating a Mylar copy of
the plat and obtaining any signatures.
i. The name and address of the mineral owners shall be shown on
the plat.
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. A black and white Vicinity Map shall be added to the plat.
The width of all adjacent right-of-ways shall be added to the plat.
All municipal limits within 200' of the subject parcelshall be added
to the plat.
The width, purpose, and owners for all easements shall be shown
on the plat (including ditch easement).
The footprint for the two homes on Lot A as well as driveway and
edge of road lines shall be removed from the plat.
The Certificate of Dedication and Ownership shall be updated to
match current form.
The County Commissioners Certificate shall be updated to match
current form.
The following plat note shall be added to the plat: No further
subdívision of the parcels within Holgate / Luttrell Minor
Subdivision are permitted by Minor Subdivision, as defined in the
Land Use and Development Code of 2013, as amended.
x. A plate note shall be added that creates an easement on Lot B
for the benefit of Lot A to obtain and transport the irrigation water
from the irrigation ditch. lt is recommended that this plat note
dedicate an easement over the whole of Lot B, with exception to
the identified building envelope, for the benefit of the property
owners of Lot A for this purpose.
c. Recording Fees
2. Prior to BOCC signature on the Plat the Applicant shall provide the Community
Development Department with a signed and executed Extra-Territorial Water
Service Agreement that allows for long-term physical and legal water to both
proposed LotA and Lot B.
3. Prior to the BOCC signature on the Plat the Applicant shall install the water line, in
accordance with the Extra-Territorial Water Service Agreement with the Town of
Carbondale and within the identified utility easement, to the Lot B.
4. Prior to the BOCC signature on the Plat the Applicant shall provide the required
Brokers Price Opinion regarding the per acre value of the land to determine the
school impact fee, payment in-lieu of school land dedication. The school impact fee,
once calculated, shall be paid prior to the Board signing the plat. Per SectionT-404
(2Xb), the minimum payment shall be $500.00.
5. Prior to the BOCC signature on the Plat the Applicant shall provide a draft water
line infrastructure maintenance agreement between Lot A and Lot B. This
agreement shall be reviewed by the County Attorney's Office and Community
Development prior to execution.
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6. Prior to the BOCC signature on the Plat the Applicant shall provide demonstration
to the Community Development Department that the appropriate impact fees have
been paid to the Carbondale and Rural Fire Protection District. The amount of the
fee shall be deterrnined by the District.
Other Conditions
7. All representations of the applicant within the application and public hearing shall
be considered conditions of approval unless othenruise modified by the Board of
County Commissioners.
8. All exterior lighting shall be downcast and shielded and comply with SectionT-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
L The property owner of Lot B shall obtain an Onsite Wastewater Treatment System
(OWTS) permit from the County prior to obtaining the building permit for the
dwelling unit.
10. The property owner of Lot B shall obtain any necessary driveway permits from Road
and Bridge and conduct all required improvements to the access prior to obtaining
the building permit for the dwelling unit.
1 1 . The property owner of Lot B shall construct the new driveway to meet the minimum
dimensional standards identified in Section 7-107 of the Land Use and
Development Code of 2013, as amended, prior to Certificate of Occupancy for the
dwelling unit.
12.The Applicant shall comply with the following recommendations from the Colorado
Geological Survey for all future development:
a) Grading for driveways, structures, and other improvements
shall be designed to minimize temporary and permanent
cuts and fills to the extent possible.
b) HP-Kumar or another qualified geotechnical professional
shall determine maximum allowable, unretained temporary
and permanent cuUfill heights and slope angles.
c) All planned cuts exceeding four feet in height shall be
evaluated for slope stabilitY.
d) Driveway retaining walls, building foundations, and upslope
walls that will function as retaining walls must be designed
by a qualified geotechnical or civil engineer in accordance
with HP-Kumar's recommendations as submitted in the
application, and must include adequate behind-wall
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drainage.
e) Existing vegetative cover shall be left intact to the extent
possible, and every effort should be made to restore native
vegetation within disturbed areas as quickly as possible.
lrrigation beyond the bare minimum required to reestablish
native vegetation is discouraged.
Ð lf conditions indicative of subsidence or sinkhole formation
are encountered during site investigations or construction,
an alternative building site should be considered or the
feasibility of mitigation alternatives should be evaluated.
g) Current and future owner(s) are hereby made aware of the
potential for sinkhole development, since early detection of
building distress and timely remedial actions are important
factors in reducing the cost of building repairs should an
undetected subsurface void start to develop into a sinkhole
during or after construction.
Notice of this decision will be provided to the Board of County Commissioners who has
the ability to 'call-up' the application for review at a public hearing. You will be notified of
the Board decision once it is received or upon expiration of the 10 day notice period.
Feel free to contact myself or David Pesnichak, the staff planner, if you have any
questions regarding this decision.
Sincerely,
She Bower, AICP
D of Community Development
nt
BOCC
File
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