HomeMy WebLinkAbout2.0 NTC ReviewGARFIELD COANTY
Building and Planning Department
October 24,2000
PeterBelau, P.E.
Enartech Inc.
302 Eighth Steet, Suite 325
P.O. Drawer 160
Glenwood Springs, CO 81602
RE: SunlightDevelopment SubdivisionExe,mption Application
Dear Mr. Belau
The Garfield County Planning Deparfinent has completed an initial review of the Sunlight Development
Subdivision Exemption application and has determined that the application is not in technical compliance with
our regulations. As such, the following issues need to be addressed:
l. Section 8:41 of the Garfield County Subdivision Regulations state,An applicationfor exemption shall
be accompanied by thefollowing maps:
A. Sketch map, at a minimum scale of l":200', showing the legal description of the property,
dimension and area of all lots or separate interests to be created, access to a public righrof-
way, and any proposed easementsfor drainage, inigation, access or utilities; Bolding added
for emphasis.
The dimensions of all three (3) lots and the area of the largest lot have not been included on the
submitted map. ln addition, proposed or existing easemetrts for drainage, irrigation, access or
utilities including their dimensions have not been indicated on the submitted map. If some of
these do not exist, or are not proposed please indicate as such. Please include this information
on the map and submit it to the plenning Departrnent.
2. Section 8:42 of the Garfield County Subdivision Regulations states, Thefollowing supplemental
information regarding the proposed exemption shall be filedwith the application:
H. It shall be demonstrated that the parcel existed, as described on January l, 197 j, or the
parcel, as it exists presently, is one (l) of not more than three (3) parcels createdfrom a
larger parcel, as it existed on January I , 1973 ;
Since the parcel conveyed to Marathon Oil Company occurred in 1985, after 1973, that parcel
is considered part of the overall parcel in question for Subdivision Exemption purposes. Thus,
a title search must be conducted on the parcel conveyed to Marathon Oil Company to
determine its current configuration and any subdivision or subdivision exemption of that parcel
from the time of conv€yance, in 1985, until now must be stated. Please submit a tifle
commitnent and history on the Marathon Oil Company parcel from 1985 to the present.
I Schoolfees, tares and special assessments have been paid.
Although school fees will be determined and paid prior to any plat being recorded, proof of
ta,xes paid up-to-date is required at this time. Please submit information from the County
Treasurer's ofEce to this effect.
Once your application is detennined to be in technical compliance with County Regulations, a hearing date
109 8th Street, Suite 303 945-82l2lfax 94*7785 Glenwood Springs, Colorado 8160t
Sincerely, (
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JeffLaurie,n
Senior Planner
before the Board of County Commissioners will be scheduled.
If you have any questions, please do not hesitate to contact me at 945-8212, atthe Building and Planning
Departnent.
109 8th Street, Suite 303 94*82l2llax 94$7785 Glenwood Springs, Colorado 81601
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Department.
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Following the receipt \a nonco*pliance letter, an applicant may furnish additional
information to remedy\*y identffied deficiency. Based on such additional
informafioq the Planning \epartment then shall determine whether the deficiency in
question has been remedied\ not. A wriuen notice of such a determination shall be
sent to the applicant not la\r than ten (10) working days after receipt of the
additional information. (2000-69)
BOARD OF COL]NTY COMMISqIONERS' MEETING
The Board shall consider the exemp{ion request at a scheduled Board meeting.
Notice ofthe public meeting shall be mailed by certified mait returnreceip requestd
to owners of record ofland immediately adjoining and within two hundred (200) fu
ofthe proposed exemptio4 to mineral owners and lessees ofmineral owners ofrecord
of the land proposed for conversion. The e4emption site shall be posted clearly and
conspicuously visible from a public right-of-\ay, with notice signs provided by the
Planning Department, All notices shall be maifed at least fifteen (15) and not more
than thirty (30) days prior to the meeting. Thg applicant shall be responsible for
mailing the notices and shall present proof of malling at the meeting.
At or within fifteen (15) days ofthemeeting the B[ard shall approve, conditionally
approve or deny the exemption reguest. The reasonsficr denial, or any conditions of
approva! shall be set forth in the minutes of the meetihg or in a written Resolution.
An applicant denied exemption shall follow the subdivision procedure in these
Regulations
A plat of an approved or conditionally approved exemption shall be presented to the
Board for signature within 120 days of approval. The plat shall include a legal
description ofthe exempted property, and Exemption Certificate (See Appendix), the
County Surveyor's.Certfficate (See Appendix) and a statement, if four (4) lotq
parcelq or intereq6ave been created on the parcel, that 'NOTE: No further divisions
by exemption lfm definition will be allowed." The plat shall be recorded with the
County ClerkTand Recorder no later than thirty (30) days after the Chairman's
re Boantofc
ofa approved exemption until all conditions of approrml have been
SI.]BMITTAL MAPS A}ID SUPPLEMENTAL INFORMATION
An application for exemption shall be accompanied by the following maps: .,..A Sketch map, at a minimum scale of I u:200', showing the le,gql dos&rit'tion of
the property, dimension and area of all lots or separate interests to be creatd
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qde1tiqggg_cess_o_r_utilia!9S;and
Vicinity map, at a minimum scale of 1"=2000', showing the general
topographic and geographic relation of the proposed exemption to the
zurrounding area within rwo (2) miles, for which a copy of a U.S.G.S.
quadrangle map may be used.
J o'l'r*-(
8:42 The following zupplemental information regarding the proposed exemption shall be
fiteC-with the application:
Copy of the deed showing ownership in the applicant, or a letter from the
property owner(s), if other than the applicant;
Names and addresses of owners ofrecord ofland immediately adjoining and
within two hundred feet (200') of the proposed exemption, {Ulgralg4ers
@orlmers of record ofthe praperty to be eremptsd, and
te4iqrts g_f any structure proposed for conversion;
Evidence ofthe soil types and characteristics of each tlpe;
Proof of legal and adequate source of domestic water for each lot created.
Proof of a legal supply shall be an qpproved $$_q,t{gte y_a!g qUpply plan
contract or allgrrnt{ion pla4 an approved well permit or legally adjudicated
domestic wafei source.
"Pioof of physical supply for the public meeting may
be documentation from the Division of Water Resources that demonstrates
that there are wells within ll4 mrle of the site producing at least five (5)
gallons/minute. Priorto the signing of a plat, all physicalwater supplies shall
demonstrate the following:
l. 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
characteristics of the aquifer and the static water level;
3. The resuhs ofthe four (4) hour pump test indicatingthe pumping rate
in gallons per minute and information showing drawdown and
recharge;
4. Awritten opinion ofthe person conducting the welltest thatthiswell
should be adequate to supply water to the number of proposed lots;
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;
discusses all easements and costs associated u/ith the operation and
maintenance of the system and who will be responsible for paying
these costs and how assessments will be made for these costs;
7. The water quality be tested by an independent testing laboratory and
meet State guidelines concerning bacteria and nitrates.
For water supplies based on the use of cisterq the tank shall be a minimum of
1000 gallons.
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Method of sAUde disposal, and letter ofapproffoffire protectionplanfiom
appropriate fire district;
If connection to a community or municipal water or sewer systerq is
proposed, a letter fiom the governing body stating a willingness and ability to
serve;
Narrative e4plaining why exemption is being requested;
H. It shall be demonstrated that the parcel existed as described on January l,
1973, orthe parcel, as it existspresently, is one (l) ofnot morethanthree (3)
parcels created from a larger parcel, as it existed on January 1, 1973; and
L Schsol fees, taxeq and special assessments have been paid.
(The school impact fe,e is $200.00 for each lot created).
REVIEW CRITERIA
An application for exemption satisfy, at a minimurn, all of the review criteria
listed in Section 8:52.with the review criteria, however, does not eruure
exernption. TheBoard may also the additional factors listed in Section 8:60,
and the applicability standard of S 8: 1 0, to determine whether the exenrption, in
the Board's discretioq shall be or denied.
The Board shall not grant an exemption d{ess the division proposed for exemption
has satisfied the following criteria: t,
A No more than a total of four (a) lots\arcels, interests or dwelling units will
be created from any parcel, as that parb€l was described in the records ofthe
Garfield County Clerk and Recorde/s O\ce on January l,1973. In order to
qualify for exemptiorq the parcel as it existed on January 1,1973, must have
been larger than thirty five (35) acres in r& "t that time and not part of a
recorded subdivision; however, any parcel to'\e divided by exemption that is
split by a public right-of-way (State or Federal tfighway, County road or
railroad), preventing joint use of the proposed tracts and the division occurs
along the public right-of-way, such parcels thereby created may, in the
discretion ofthe Board, not be considered to have been created by exemption
with regard tot he our (a) lot, parcel, interest or dwelling unit limitation
otherwise applicable. For the purposes of definitioq aU tract of land thirty
in-si4-FcatedrFer J
parcels of lan{dreated by exemption since January l,lg73.B. All Garfietd County zoning requirements will be met;
C. All lots created will have legal access to a public rigtrt-oFway and any
necessa{y access easements have been obtained or are in the process ofbeing
obtaind;
D. Proydifon has been made for an adequate source ofwater in terms ofboth the
lep6l and physical quality, quantity and dependability, and a suitable type of
fiwage disposal to senre each proposed lot;
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E. All state and local environmental health and safety requirements have been
met or are in the process ofbeing met;
F. Provision has been made for any required road or storm drainage
improvements;
G. Fire protection has been approved by the appropriate fire district and rmpact
fees are paid, based on a study of the fiscal impact on the district by new
subdivision development, approved by the Board of County Commissioners
and Planning Commission.
H. fuiy necessary drainage, inigation or utility easements have been obtained or
are in the process ofbeing obtained; and
L School feeq tanes and special assessments have been paid.
ADDITIONAL CONSIDERATIONS
In the evaluation of each petition for exemption, and in addition to the review criteria
in Section 8:52, the Board shall consider the following:
A. General conformance with the Garfield County Comprehensive Plan;
B. Compatibility of the proposed exemption with existing land uses in the
surrounding area;
C. Recommendations of any municipality within two (2) miles ofthe proposed
exemption, or within three (3) miles, if the municipality has a major street
PlaqD. Recommendations of any state orlocal agency or organizationwhoseopinion
the Board determines is necessary or appropriate;
E. Suitability of soil, wattr, vegetation, geologic and topographic characteristics
of the land for the type of division proposed;
F. Number of lots and/or multiple-dwefling units created by the proposed
exemption;
G. Provision for open space within the proposed exemption;
H. Proposed density and provisions for adequate oflstreet parking; and
I. Covenants and plat notes, restricting the lots to the following:
1. One (1) dog will be allowed for each residential unit within a
subdivision and the dog shall be required to be confined within the
ownet's property boundaries. The requirements shall be included in
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provisions allowing for the removal of a dog from the axea ffl a final
remedy inworst ca$es;
2. No open hearth solid-fuel fireplaces will be allowed anlrwhere u/ithin
an exemption. One (1) new solid-fuel burning stove as defined by
C.R.S. 25-7401, et. seu/., and the regulations promulgated
thereunder, will be allowed in any dwelling unit. All dwelling units
will be allowed an unrestricted number of natural gas burning stoves
and appliances; and
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