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Home My WebLink About05.0 Response to Standards - Article 7, Divisions 1, 2, 3 and 4RGKMBK FAMILY LLC AND FRANCES BETTS APPLICATION FOR BASIC CORRECTION EXEMPTION RESPONSE TO STANDARDS IN SECTION 7 DIVISION 1. GENERAL APPROVAL STANDARDS. 7-101. Zone District Use Regulations The Property is in the County's Rural zone district. The Rural district encompasses rural residential areas, agricultural resource lands, and agricultural production areas. 7-102. Comprehensive Plan and Intergovernmental Agreements The proposed land use is generally in conformance with the Garfield County Comprehensive Plan. 7-103. Compatibility The nature, scale, and intensity of the proposed use is compatible with adjacent land uses. 7-104. Source of Water The Property has physical and legal water supply, which the County already approved (see Section 4). 7-105. Central Water Distribution and Wastewater Systems Applicants have already constructed and utilized septic systems on each parcel pursuant to a County -issued septic permit. These systems are adequate to serve the proposed use and density. 7-106. Public Utilities Adequate public utilities have served the properties since the construction of each residence and are available and adequate to serve the proposed land use. 7-107. Access and Roadways The properties have legal access through the Covenants (Rec. No. 287265) and an Easement Agreement (Rec. No. 375004). The access road to serve the original 35 acre parcel was depicted on the 1978 Chimento exemption application (see map exhibit to Section 1(C)). Upon approval of the subdivision exemption request for the 7 -acre subdivision, which included this 35 acres, the Board of County Commissioners in Resolutions 78-15 and 78-132 found and determined there was "adequate ingress and egress to said tracts." This finding applied to the 35 -acre lot at issue. To the extent additional approval was required, it was only a finding of adequacy of access for one additional single family residential lot. This approval was granted by the County at the time of Building Permit issuance. At that time, County Staff reviewed and approved the legal and physical access for both lots. Attached to Section 1(c) is are the entire building permit file for each parcel, and attached to Section 12 are select exhibits from these files whereby the County reviewed and approved the sufficiency of legal and physical access. After this review, the County issued a building permit, which the applicant's predecessors relied upon to construct residences. The access routes have been utilized for the past 40 years without issue, which is the best evidence of sufficiency of access. As such, the Applicants have already received approval of the road standards, and to the extent any modern approval were needed Applicants request a waiver from these standards under the circumstances. Also attached is a survey of the access road and confirmation from a licensed surveyor that the access road is adequate for all existing and proposed uses. 7-108. Use of Land Subject to Natural Hazards It is Applicants' understanding that the property lies outside of any identified slope, soils, and surficial hazard areas according to the Garfield County Geologic Hazard GIS. 7-109. Fire Protection The proposed land use meets the standards set forth in 7-109. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. 7-201 Agricultural Lands The proposed use does not impact agricultural operations. 7-202 Wildlife Habitat Areas The proposed land use will not impact wildlife habitat areas. 7-203 Protection of Waterbodies There are no waterbodies on the property. 7-204. Drainage and Erosion The proposed land use has adequate drainage and erosion in place. 7-205. Environment Quality The proposed use will not cause air quality to be reduced below acceptable levels, and will not adversely impact water quality. 7-206 Wildfire Hazards The site is not in an elevated Wildfire hazard zone. 7-207. Natural and Geologic Hazards It is Applicants' understanding that the property lies outside of any identified slope, soils, and surficial hazard areas according to the Garfield County Geologic Hazard GIS. 7-208. Reclamation N/A. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. 7-301. Compatible Design The site plan is compatible with the existing character of adjacent land uses and will comply with Section 7-301. 7-302. Off -Street Parking and Loading Standards The proposed use will comply with Section 7-302. 7-303. Landscaping Standards The Applicants will be in compliance with 7-303(C), but to the extent this section applies, Applicants request a waiver. 7-304. Lighting Standards The project complies with the lighting standards of Section 7-304. 7-305. Snow Storage Standards The Applicants are exempt from this Section. 7-306. Trail and Walkway Standards Section 7-306 does not apply to the proposed use, but to the extent this section applies, Applicants request a waiver. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. 7.401. General Subdivision Standards The project complies with Section 7.401. 7.402. Subdivision Lots The project complies with Section 7.402. 7.403. Survey Monuments The project complies with Section 7.403. 7.404. School Land Dedication School Land Dedication was reviewed and approved at the time of building permit. The Kadair building permit file reveals that $200 was paid and accepted by the County. Per Patrick Waller's e-mail dated June 19, 2018 (attached) the County accepted a broker's opinion of value in the prior application and we request that this also apply to this application. Please find attached Nancy Emerson's opinion of value and comparables. As a result of the opinion, Ms. Betts will owe Garfield County $500.00 for the school impact fee. 7.405. Road Impact Fees This section does not apply, but to the extent it applies, Applicants request a waiver. M 9O 9S.69S d 0 e /6.L6 M„L 2N 0 f Ci Q 1a01V d 6L6 — — 002 OOT OS ❑ ;unoL &3od > a w G e CONTOUR INTERVAL IS TWO (2) FEET. '°6=3OV30 Wf1WIXVW '%Z NVHI SST S3d01S SS010 '1333 L l 01 Z l=Hl4IM 3NV1 0 rriH v) LLIUIHX'I UVO?I S si;: -?IIIA'/ I7 Rocky Mountain Surveying March 9, 2018 4133 crystal springs rd Carbondale co 81623 phone 970 3791919 fax 970 963 5873 email laff@sopris.net pls# 37972 Regarding the access road to 7201 and 7202 County Road 100, it is this surveyors' opinion that the road has been in use since the easement was granted in 1986 in Book 696 at Page 334 and appears to be adequate for all existing uses for the residences that it provides access to. I personally live across the road and have witnessed trash trucks, construction vehicles, emergency vehicles and day to day traffic and have witnessed no problems with the road's layout. Michael Lafferty, PLS Rocky Mountain Surveying Britt Choate From: Patrick Waller <pwaller@garfield-county.com> Sent: Tuesday, June 19, 2018 8:29 AM To: Chad Lee Subject: RE: Betts School Dedication Fee That is correct our office will accept a broker's opinion of value. We do need a couple of comps to be included in that opinion. Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.com/community-development/ From: Chad Lee [mailto:clee@balcombgreen.com] Sent: Wednesday, June 13, 2018 4:16 PM To: Patrick Waller <pwaller@garfield-county.com> Subject: RE: Betts School Dedication Fee Hi Pat. Also, did you confirm that your office will accept a broker's opinion of value on this instead of an appraisal? Regards, Chad J. Lee, Esq. 0: (970) 945-65461 D: (970) 928-34691 wtiwv.balcombgreen.com P.O. Box 7901 818 Colorado Ave 1 Glenwood Springs, CO 81602 BALCOMEL,GREEN WATER LAW 1 REAL HMI 11116AIIDB S115I11E55 ESTQ 1953 *Licensed in CO, WY, and the USPTO. This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and/or any attachments is unauthorized. If you have received this email in error and are not the intended recipient of this message, do not read this email and inform the sender of the transmittal error. If you are a client, please do not forward this message. No privilege waiver is implied. From: Patrick Waller <pwaIle r@garfield-county.com> Sent: Monday, May 21, 2018 4:59 PM To: Chad Lee <clee@balcombgreen.com> Subject: RE: Betts School Dedication Fee Thanks for bringing this up Chad. I will run it by the Director to get her take on it. Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.com/community-development/ From: Chad Lee [mailto:clee@balcombgreen.com] Sent: Monday, May 21, 2018 4:11 PM To: Patrick Waller <pwaller@garfield-county.com> Subject: RE: Betts School Dedication Fee Thanks Pat. I assume the County Assessor is a qualified appraiser, and his valuation was just certified last June. Even if a formal appraisal came back at twice the assessor's valuation, these folks would still owe the minimum of $500. Hiring an appraiser will cost between $500 and $i,000 just to confirm they only owe $500. I understand the policy for requiring a formal appraisal in most subdivisions (which typically have completed appraisals), but in this case the County already has separate tax accounts for the parcels which, together with its issuance of building permits, led to the pickle my clients are in today. Is there someone we can talk to who can confirm that the assessor's valuation is sufficient in this unique circumstance? Thanks. Regards, Chad J. Lee, Esq. 0: (970) 945-6546 1 D: (970) 928-3469 1 www.balcombgreen.com P.O. Box 7901 818 Colorado Ave 1 Glenwood Springs, CO 81602 • BALCOMB&GREEN WATER LAW i PEAL EStAT 11116,1110N I BUSINESS 1ST! 1953 *Licensed in CO, WY, and the USPTO. This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and/or any attachments is unauthorized. If you have received this email in error and are not the intended recipient of this message, do not read this email and inform the sender of the transmittal error. If you are a client, please do not forward this message. No privilege waiver is implied. From: Patrick Waller <pwallerPgarfield-county.com> Sent: Monday, May 21, 2018 10:13 AM To: Chad Lee <clee@balcombgreen.com> Subject: RE: Betts School Dedication Fee Hi Chad, Thanks for following-up so quickly on this. The code requires that the unimproved value of the land is completed by an individual qualified within the State of Colorado to establish the unimproved market value of the property. We will need an appraisal that shows this. You are correct that the minimum payment required is $500. 2 Let me know if you have any questions, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-countv.com http://www.garfield-county.com/community-development/ From: Chad Lee [mailto:clee@balcombl;reen.com] Sent: Saturday, May 19, 2018 2:22 PM To: Patrick Waller <pwaller@garfield-county.com> Subject: Betts School Dedication Fee Hi Pat. We have calculated the school impact fee for the Betts parcel at $285.43 based on the assessor's valuation of the unimproved market value of the land. It looks like the minimum fee is $500. Can you confirm this? Also, where should we submit the check? Thanks. Regards, Chad J. Lee, Esq. 0: (970) 945-6546 D: (970) 928-34691 www.balcombgreen.com P.O. Box 7901 818 Colorado Ave' Glenwood Springs, CO 81602 L) BALCOMB&GREEN UL LAW 1 REAL ESTAIE 11116AHIUN I 51151E55 £$1! 1953 *Licensed in CO, WY, and the USPTO. This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and/or any attachments is unauthorized. If you have received this email in error and are not the intended recipient of this message, do not read this email and inform the sender of the transmittal error. If you are a client, please do not forward this message. No privilege waiver is implied. 3 Meet Nancy Emerson Find me on Facebook! From: listings@flexmail.flexmis.com [mailto:listings@flexmail.flexmis.com] Sent: Wednesday, June 20, 2018 2:43 PM To: Nancy Emerson <nemerson@masonmorse.com> Subject: Copy: Sales in Missouri Heights AGENT ONLY - THIS DOES NOT SHOW FOR YOUR CUSTOMER The listings Zink below was sent to Chad Lee , RGKMBKOcox.net Click here to view the Private version of the e-mailed listings. Chad - Here is information on the best comparables I could find for the Betts property in Missouri Heights for the past year. 1. TBD Panorama Ranches - 8.63 Acres - sold 10/10/2017 for $189,500 - community water system, paved access, natural gas available, utilities in place. 2. TBD Skipper Drive - 8.17 Acres - sold 12/04/2017 for $235,000 - community water system, private road access, natural gas available, utilities in place -community equestrian facility 3. TBD CR 100 - 10.06 Acres - sold 5/15/2018 for $240,000 - near subject property and most similar, well in place, utilities in place, private road access 4. 555 Callicotte Ranch Drive - 9.28 Acres - sold 5/7/2018 for $275,000 - community water system, private roads, utilities in place, upscale subdivision 5. TBD Ten Peaks Mesa - 37.93 Acres - sold 7/24/2017 for $325,000 - community water system, private roads, utilities and driveway in place, natural gas available, twice as large as subject property Subject property - 17.5 acres - unimproved. no natural gas available. In my opinion, the Betts property would be worth approximately $200,000 if totally unimproved. If some improvements are meant to be included in the valuation (e.g. private road access, shared well and/or electricity to property), the value would be between $200,000 and $250,000, max. I hope this helps. Let me know if you have any questions. Follow this link to see the page: Click to view listing(s) This Zink will no longer be available after 7/20/2018. Nancy Emerson Coldwell Banker Mason Morse -Carbondale 0290 Highway 133 Carbondale, CO 81623 970-704-3220 nemerson a(�.masonmorse.com htto://www.masonmorse.com You are receiving this email because you have a flexmls account. 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