HomeMy WebLinkAbout10.0 Director's Determination 12.18.2017CGarfield County
December 18, 2017
Paige Haderlie
1430 A Railroad Avenue
Rifle, CO, 81650
Reference: Administrative Review Minor Subdivision — Kip D Costanzo LLC —
Costanzo Minor Subdivision Garfield County File Number MISA-08-17-8574
Dear Mrs. Haderlie;
This letter is provided to you, as the authorized representative for Garfield County File
MISA-08-17-8574, pertaining to a Minor Subdivision of a parcel owned by Kip D Costanzo
LLC with a Parcel ID of 217712200094. 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. The following amendments shall be made to the plat prior to obtaining
signatures on the plat. This updated plat shall be provided to, reviewed
and accepted 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 of record shall be
included on the plat.
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ii. The title "Preliminary Plat" shall be removed.
iii. Survey Note #1 shall be updated to state that all easements from
the title commitment are shown on the plat
iv. All color shall be removed from the plat
v. The seal of the land surveyor shall be included on the plat.
vi. The width of all adjacent right-of-ways shall be added to the plat.
vii. The area of the lots shall be shown to 2 decimal places.
viii. The footprint of the structures shall be removed from the plat.
ix. The dots representing gravel shall be removed from the plat.
x. Septic information shall be removed from the plat.
xi. Any additional property improvement information shall be
removed from the plat.
xii. A well maintenance easement shall be included on the plat to
ensure that both newly created parcels have access to the
wellhead and any other associated infrastructure including but
not limited to underground water pipelines. Compliance with this
condition shall remove Survey Note 6 from the plat.
xiii. The access easement right-of-way shall be expanded to 40 feet.
xiv. The applicant shall include a Lienholder Consent signature block
that matches the form in the County Resource Guide.
xv. The County Commissioners Certificate shall be updated to match
current form.
xvi. The Certificate of Dedication and Ownership shall be updated to
match current form.
xvii. The Surveyors Certificate shall be updated to match current form.
xviii. The incorrect Title Certificate shall be removed from the plat.
xix. Plat Notes G, H, M, N, 0, P shall be removed from the plat.
xx. Plat Notes Q and R shall be combined
xxi. The applicant shall include the plat note: "The property is within
the boundaries of the City of Rifle's Source Water Protection
Area. Users of the property should properly store and dispose of
solid and hazardous waste used in commercial, industrial, and or
residential operations."
xxii. The following plat note shall be added to the plat: "No further
subdivision of the parcels within Costanzo Minor Subdivision is
permitted by Minor Subdivision, as defined in the Land Use and
Development Code of 2013, as amended."
xxiii. The following plat note shall be added to the plat: "Any future
buildings or improvements on the property may be required to
have additional water supply and/or a fire suppression/fire alarm
system as required by the International Fire Code."
c. Recording Fees.
2. Prior to BOCC signature on the Plat the Applicant shall provide the Community
Development Department with a shared roadway maintenance agreement for the
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access easement. This agreement will be reviewed and accepted by the Garfield
County Attorney's Office.
3. Prior to the BOCC signature on the Plat, the Applicant shall address the well pump
test issues identified in the letter from Chris Hale, of Mountain Cross Engineering,
dated November 29, 2017 (Exhibit 9) to the satisfaction of the County designated
engineer.
4. Prior to the BOCC signature on the Plat the Applicant shall provide a demonstration
from a qualified professional that existing site grading and drainage is positive and
adequate. The analysis shall also address if a drainage easement is needed. Any
upgrades to site drainage shall be required prior to the BOCC signature on the plat.
If a drainage easement is required, the Applicant shall update the plat to include
that easement.
5. Prior to the BOCC signature on the Plat, the Applicant shall supply a demonstration
from a qualified professional that the OWTS and associated infrastructure for Lot 2
is functioning, meets required setbacks, and is adequate to serve the proposed use.
This review should also address whether the OWTS and associated infrastructure
on Lot 1 meets County required setbacks. Compliance with this condition shall be
reviewed and accepted by the Community Development department and the
County designated engineer.
6. Prior to the BOCC signature on the Plat the Applicant shall provide a water quality
test for the required contaminants from Section 4-203(M)(1)(b)(5)(c) that are
missing from the submitted test. This water quality test shall be reviewed and
accepted by the County designated engineer and Community Development.
7. Prior to the BOCC signature on the Plat, the Applicant shall provide a statement
from a qualified professional that details treatment methods to make sure the well
water meets County standards as detailed in Section 4-203(M)(1)(b)(5)(c). Any
improvements identified by the qualified professional shall be completed prior to the
BOCC signature on the Plat.
8. Prior to the BOCC signature on the Plat, the Applicant shall provide an updated well
sharing agreement. The updated agreement shall account for the single-family
residence to the northwest of the proposed subdivision that is on the same well.
The agreement shall be subject to review and approval by the Garfield County
Attorney's Office.
Other Conditions
9. All representations of the applicant within the application and public hearing shall
be considered conditions of approval unless otherwise modified by the Board of
County Commissioners.
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10.AII 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.
11. Property owners shall comply with the issued Colorado Division of Water
Resources well permit.
12. To aid in emergency response, the Applicant shall establish and post a separate
address for each parcel.
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,
if
She 1 Bier, AICP
Dire. • r of Community Development
Attac ent
Cc: BOCC
File
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PrearriLaary P,:
Costanzo Minor Subdivision
A Pari of Laud Situated in tte S' %24 % 01
Scttioc 12, ToansEp 6 South RRct„�e 93
We of the 6771 ?tiacpai Meridian.
Counl • 0.t Csr5c:9, State of Cnlocado
Wk.
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