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HomeMy WebLinkAbout1.01 Pre-Application Conference Summary4. Pre -Application Conference Summary C -y . Garfield County 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2189-333-00-037 DATE: 9/7/2018 PROJECT: McNulty Exemption OWNER/APPLICANT: Sarah Lillian McNulty and Wendy McNulty REPRESENTATIVE/PLANNER: Davis Farrar PRACTICAL LOCATION: Off County Road 113, approximately 10 miles northeast of the Town of Carbondale, generally located in Section 32 and 33, 765, R87W. TYPE OF APPLICATION: Rural Land Development Exemption ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant owns a 199.7 acre parcel of land and desires to subdivide it into 2 lots. The majority of the parcel is under conservation easement. The Applicant proposes to create one small 10 -acre parcel in the northeast corner. The proposed 30 -acre parcel is proposed to be improved with a single-family residence which may be served by solar energy for electricity along with an individual well and onsite wastewater treatment system. The larger remainder parcel is vacant and has one building envelope not currently encumbered by the conservation easement. This remainder parcel can be served by solar energy for electricity along with an individual well and onsite wastewater treatment system. However, the Applicant may request waivers from some of the Article 7 Standards to address the large size of the parcel and the rural, 20 ranching nature of the ongoing use of the parcel. Waivers related to water supply plans may request delaying development and testing the well to a condition of approval or proposals for plan note/deed restriction to address future development of the well. The Applicant is encouraged to contact Dwight Whitehead at the Division of Water Resources (970- 945-5665) prior to submitting an application in order to assess options for a legal supply of water for the new lots. Feasibility information for OWTS should also address both lots. Access to the proposed lots will need to be addressed and shown on site plans. Any access easements will need to be shown on the site plan and proposed Exemption Plat. Access to other utilities including electricity will also need to be demonstrated. The option of executing a Subdivision Improvements Agreement (StA) was discussed along with the use of deed restrictions and/or plat notes as an alternative to ensure security for improvements. II. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use map shows the subject property within the Residential Low Density designation (10+ acres per dwelling unit). The Application should address the proposal's compliance with this density recommendation. n r EXCERPT FROM FUTURE LAND USE MAP Applicant's Property -R eeH 1113 TO < 2AuDui' Res MH 42TO.6AUOur Res ti i6 TO 10AcJOu1 Rei I-410- Au° 21 111. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-203, Rural Land Development Exemption including review criteria in Section 5-203(C) • Section 4-101 Common Review Procedures • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Divisions 1, 2, 3 and 4, as applicable including site planning and subdivision standards. • Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS Outlined below is a list of information typically required for this type of application. This sections is formatted to function as a checklist for submittals. ▪ General Application Materials o Signed Application Form o Signed Payment Agreement Form and application fees o Proof of ownership (copy of deed, title work) and information on any lien holders. o A narrative describing the request and related information o Names and mailing addresses of properties within 200 feet of the subject property o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessor database, memo attached). A description of how research was completed is also needed. o If owner intends to have a representative, a letter of authorization to represent is needed. ❑ A copy of the Pre -application Summary needs to be submitted with the Application. ❑ Vicinity Map including areas within approximately 3 miles. 7 Site information including topography, existing improvements, infrastructure, irrigation ditches, and significant features needs to be provided. The site plan should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. Grading and Drainage Plan or waiver requests with supporting information. 1 Impact Analysis 11 Improvements Agreement needs to be addressed and may include the Applicant's plans to construct any required improvements prior to filing the plat. If no improvements are required a statement to that effect needs to be provided. 22 r Traffic Study: A waiver with basic information on the minimal amount of traffic generated should be acceptable. 11 Exemption Plat showing the proposed lot lines, all easements and required certificates. o Water Supply Plan needs to include details on legal water (well permit and/or draft contracts with Water Conservation Districts), well production tests, and water quality tests. Should the Applicant wish to delay drilling of wells as a condition of approval, waiver requests are needed. Should the Applicant wish to propose other options for water supply rnmpliance, waiver requests are needed along with supporting information that addresses the waiver criteria. Waste Water Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. County permits for any existing systems need to be provided. Information as applicable to demonstrate compliance with provisions of Article 7 (including provision of utility services, water, sanitation, access, soils, geology, topography and hazard review/mitigation). Application formatting that addresses each section of Article 7, Divisions 1, 2, 3, and 4 Section is recommended. 11 Demonstration of compliance with Review Criteria in Section 5-203(C). n Referral to the Colorado Geological Survey is also required with an additional referral fee. Engineering Reports on roads, geological hazards, water & wastewater, soils, and groundwater, or waiver requests or referral to other submittal sections. Waiver requests from submittal requirements or standards need to be included in the submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202). The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: • Pre -Application meeting (completed) • Submittal of Application (3 hard copies & one digital PDF copy) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Board of County Commissioner (BOCC) public hearing. • Referrals are sent out to reviewing agencies including the Colorado Geological Survey • Public Notice completed 30 days prior to the public hearing including posting, publication, and mailing to Property Owners within 200 ft. and mineral rights owners on the subject property • BOCC Public Hearing for a decision by the Board • Applicant addresses ail conditions of approval • Circulation of the plat for Applicant & Other Signatures 23 • Board of County Commission Signing the plat as a consent agenda item once all conditions have been met. Public Hearings Referral Agencies: Director Decision :Planning Commission X Board of County Commissioners Board of Adjustment May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Vegetation Manager, Colorado Geological Survey, Fire Protection District, Garfield County Environmental Health, and the Land Trust holding the Conservation Easements. VI. APPLICATION REVIEW FEES Planning Review Fees: S400 Referral Agency Fees: $tbd (Colo.Geological Survey review cost tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 9/20/18 Updated 10/9/18 Glenn Hartmann, Principal Planner Date Garfield County Community Development Department 24 R. Section 6-203 Rural Land Development Exemption Garfield County Runt Land DavatopnoM Exantptlen Review Proms {Section 5.2[13) Stop 1, Pse•nppbcitiorr La+dctc+xc • Appfkant hash months to submit apolk.ation Sul) 2: At1llliuliu 1 Submittal 10 Lots or Resat Strip A40h in n PiIIIi I!Rari ny •PublisIsad, posted, and mailed to w ham* WoParty owran within 100 lave f ed n.neral craws, s, at !sag 3a tlsys but no rrspn Man a0 gait poor to BOCC public hearing StrpRufamil Strop 6, Evaluation by Director Mors than 10 Lot, Stew]: Srhnduh' 1 PuI1 c Hearing •Pualltheo, pentad, and manse( r., adhrant property pwrrn wahin 700feet and mina rel MY hare, le lame 30 days but DO mere than 00 Bari prier WPC public hearing ;:«p>: Refer/al Step G: Evaluation by Oiredor Stop b: srhellu11, l'1/11111. Ilwsring HIi PMvid« WI we • Publishedposted. and mm led to 'diet -ant properly owners within 000 feet gad remnant owner:, at least 30 days but. no more than 60 der: pour to BOCC public hearing her f • Applicata hes 1 year to meet any conditions of apprtwal 25 '41".4 A 4Wwlx0+aay Policy 01-14 Waivers for Roads and Demonstration of Compliance March 3, 2014 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County`s Road Standards as defined in Table 7-107. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road — A description of how the private road does/does not meet the design standards in Table 7-107. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7-107 design standards. Unless available, this is not intended to imply construction -level drawings. 26 o Safety/Structural Issues —A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. o Maintenance — A description of how the road is and/or will be maintained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. 27 TI m 7 Z7 fl7 c. t m 5 ro ro rp a O va a a n p 0 m w w 0 3 3' oa 0 U 3 v c m IVa. DY II N III c13 a 9 1111 n t ' t t C t t t t t t t t t t t t t t _ t IIIII t 1 t t t t t t t t t t t t a t t t , t t t t t c t t t t t t 9 t t t t t t t t t c t t C t t ;;. ril(n 3 co cn CO Lo m n) 3 co cn an - I 1 : = m a m m co co n izi m M al 0 O — a 0. a c c '❑ '0 ' ; 'y :sue! pue ct ochci uonenddv eral Application Materials ,Vicinity Map Site Plan Grading and Drainage Plan Landscape Plan impact Analysis Rezoning Justification Report ,Development Agreement Improvements Agreement Traffic Study Water Supply(Distribution Plan Wastewater Management Plan £OZ -7 uwloag Yield Plan Site Map w Sketch Plan Map t7 Preliminary Plan Map Final Plan Map rn Final Plat -n Open Space Plan Map C7 Visual Analysis 2 Codes, Covenants, Restrictions Zatr-s uopoas Table 5-401: Application Submittal Requirements 28