HomeMy WebLinkAbout5.0 Director's Determination 08.11.2017Garfield County
August 11, 2017
Misty Briscoe -Garcia
PO Box 1134
Rifle, CO 81650
Reference: Administrative Review Minor Subdivision — Jarad Elder — Elder Minor
Subdivision Garfield County File Number MISA-05-17-8535
Dear Mrs. Briscoe -Garcia;
This letter is provided to you, as the authorized representative for Garfield County File
MISA-05-17-8535, pertaining to a Minor Subdivision of a parcel owned by Jarad Elder
with Parcel ID 217934100404. 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 Signature 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. Recording Fees.
c. The following amendments shall be made to the plat prior to obtaining
signatures. This updated plat shall be provided to, reviewed, and
accepted by the Community Development Department, the County
Attorney's Office and the County Surveyor prior to creating a Mylar copy
of the plat and obtaining any signatures.
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i. The name and address of the mineral owners shall be shown on
the plat.
ii. The final plat shall include the Name, address, and seal of the
certifying registered land surveyor preparing the Final Plat.
iii. The name and addresses of the property owner shall be included
on the plat.
iv. The plat shall be in black and white ink, no color.
v The title of the plat shall be changed to reflect that it is for the
Elder Minor Subdivision and it shall provide the correct legal
description.
vi. The lengths of all arcs, radii, and tangents shall be identified and
sufficient data shall be shown for all curved lines on the Plat to
enable reestablishment of curves in the field.
vii. Lot A shall be identified on the plat with its corresponding area
shown to two decimal places.
viii. The area of Lot B shall be shown to two decimal places
ix. The width of all adjacent right-of-ways shall be added to the plat.
x. Notes on the second page shall be changed to represent the
proposed Elder Subdivision.
xi. The Applicant shall remove any note or description of a parcel of
land in the Cordillera Subdivision.
xii. The name and map number of any bordering subdivision within
200 feet of the boundaries of the plat shall be included on the final
plat.
xiii. The width, purpose, and owners of all easements shall be shown
on the plat.
xiv. The footprint of any structures on the property shall be removed
from the plat.
xv. The locations of the driveways shall be removed from the plat.
xvi. The septic and water property improvement information shall be
removed from the plat.
xvii. Any protective covenants/restrictions shall be noted on the Plat.
xviii. The plat shall show a utility and maintenance easement that gives
access to the well head and any associated infrastructure from
both properties.
xix. The Applicant shall include the following plat notes as describe in
the Garfield County Resource Guide, as Amended.
a. Noxious Weeds
b. Open Hearth Solid-Fuel Fireplaces
c. Exterior Lighting
d. Right to Farm
e. Maintenance of Fences, Rural Living, Etc.
f. Mineral Rights
g. Domestic Dogs
xx. The Certificate of Dedication and Ownership shall be updated to
match the approved language in the County Resource Guide.
xxi. The County Commissioners Certificate shall be updated to match
the approved language in the County Resource Guide.
xxii. The Certificate of Dedication and Ownership shall be updated to
match the approved language in the County Resource Guide.
xxiii. The Surveyor's Certificate shall be updated to match the
approved language in the County Resource Guide.
xxiv. The Lienholder Consent and Subordination Certificate from the
County Resource Guide shall be includl?d on the plat.
xxv. The following plat note shall be added to the plat: "No further
subdivision of the parcels within Elder Minor Subdivision are
permitted by Minor Subdivision, as defined in the Land Use and
Development Code of 2013, as amended."
xxvi. A plat note shall be added to the plat that all easements and
encumbrances in the updated title commitment are referenced
on the plat. The new title commitment number should be
referenced.
xxvii. A plat note shall be added to the plat that states, "Future
improvements on Parcel B should be located and constructed
such that any grading, driveway, foundation, or other cuts do not
further impact the slope or remove any existing material
supporting the detached Wasatch Formation blocks."
xxviii. A plat note shall be added that states, "Any new structure that
requires a building permit on either lot shall meet an erosion
setback from the intermittent drainage channel, determined
through a site-specific analysis of topography and soil erosion
properties completed by a Professional Engineer."
2. Prior to BOCC signature on the Plat the Applicant shall provide the Declaration of
Water Well Use and Maintenance Obligations to the Garfield County Attorney's
Office for review and approval.
3. Prior to the BOCC signature on the Plat the Applicant shall submit a water quality
test for review and approval by the Community Development Department and the
County designated engineer. The test shall address all contaminants listed in
Section 4-203(M)(1)(B)(5)(C). If any contaminants are in violation of acceptable
standards, the Applicant shall complete water treatment measures. Once water
treatment measures are complete and/or installed, the applicant shall supply a new
test to Garfield County Community Development and the County designated
engineer to demonstrate water quality meets required standards.
4. Prior to the BOCC signature on the Plat the Applicant shall provide a four (4) hour
pump test that meets the standards detailed in Section 4-203(M)(1)(B)(5)(a). The
pump test shall include an opinion that the well will be adequate to supply water for
the proposed uses. The pump test shall be reviewed and accepted by the
Community Development Department and the County designated engineer.
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5. Prior to the BOCC signature on the Plat, the Applicant shall treat any County listed
noxious weed on the property. Garfield County Vegetation Management requests
treatment records by October 31, 2017 if any noxious weeds are located.
6. Prior to the BOCC signature on the Plat the Applicant shall pay any applicable
School Land Dedication Fees.
Other Conditions
7. All representations of the applicant within the application and/or public hearing shall
be considered conditions of approval unless otherwise modified by the Board of
County Commissioners.
8. All exterior lighting shall be downcast and shielded and comply with Section 7-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
9. The property owner shall maintain onsite wastewater treatment systems on both
parcels in good working order.
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 Patrick Waller, the staff planner, if you have any questions
regarding this decision.
Sincerely,
She ower, AICP
Dire or of Community Development
Att- chment
Cc: BOCC
File
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