HomeMy WebLinkAbout3.0 Director's Determination 05.07.2018May 7, 2018
Chad Lee
Balcomb and Green, P.C.
818 Colorado Avenue
Glenwood Springs, CO 81601
Garfield County
Reference: Administrative Review Minor Subdivision — RGKMBK and Betts Minor
Subdivision - Garfield County File Number MISA-02-18-8607
Dear Mr. Lee;
This letter is provided to you, as the authorized representative for Garfield County File
MISA-02-18-8607, pertaining to a Minor Subdivision application submitted by Frances
Betts and RGKMBK Family LLC. This letter serves as a notification that your request for
a Minor Subdivision has been reviewed by the Garfield County 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 Iienholders.
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 and the
County Attorney's Office prior to creating a Mylar copy of the plat and
obtaining any signatures. Additional changes or modifications may be
required by this subsequent review.
• Remove "Kadair-Betts" from the title of the Minor Subdivsion.
• The applicant shall update the following Plat Certificates to reflect the
approved language in the Garfield County Resource Guide: Certificate
of Dedication and Ownership, County Commissioners Certificate,
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Acceptance for Recording, and the Surveyor's Certificate.
• The pump house shall be removed from the Final Plat.
• The applicant shall include a well maintenance easement on the plat to
ensure that both parcels have access to the well head and associated
infrastructure.
• The applicant shall include plat notes A, B, C, D, E, and H from the
Garfield County Resource Guide.
• The Final Plat shows that both parcels are 17.45 acres, however the
application and County Assessor records indicate that one proposed lot
is 17.5 acres and the other is 17.45. The plat shall be updated to address
this discrepancy or the applicant shall supply additional information,
acceptable to the Community Development Department, stating why the
proposed plat is correct. If the dividing lot line was located in the wrong
location, additional updates to the plat may be necessary.
• The applicant shall include a plat note that states, "Sinkholes,
subsidence and ground deformation due to collapse of solution cavities
and voids are an ongoing concern in this area. Owners, and potential
purchasers should be advised of sinkhole potential, since early detection
of building distress and timely remedial actions are important factors in
reducing the cost of building repairs should an undetected subsurface
void start to develop into a sinkhole."
c. Recording Fees.
2. Prior to the BOCC signature on the Plat, the applicant shall provide a water quality
test that addresses the contaminants identified in Section 4-203.M.1.b (5) (c) of the
Land Use and Development Code. If a tested contaminant is out of compliance with
the Maximum Contaminant Levels as set forth by the CDPHE within the Colorado
Primary Drinking Water Standards, the applicant shall provide a letter from a
qualified professional detailing how the water quality can be brought into
compliance. Any required upgrades from that letter shall be completed prior to the
BOCC signature on the plat.
3. Prior to the BOCC signature on the plat the Applicant shall pay applicable school
land dedication fees for the Betts parcel, as referenced in Section 7-404 of the Land
Use and Development Code or provide additional information acceptable to
Garfield County Community Development that a school impact fee was paid.
4. Prior to the BOCC signature on the plat, the Applicant shall provide a weed
management map and/or inventory for both parcels. The applicant shall provide a
weed management plan for any inventoried noxious weeds. A demonstration of
compliance with this condition shall be provided by Garfield County Vegetation
Management.
5. Prior to the BOCC signature on the plat, the applicant shall update the well sharing
agreement to correct the legal descriptions, attached as exhibits to the agreement,
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to reflect the proposed parcels, or provide additional information as to why the
existing legal descriptions are correct.
6. Prior to the BOCC signature on the plat, the applicant shall provide a demonstration
of a legal water supply for both parcels. This demonstration shall be reviewed and
accepted by the Community Development Department and the County Attorney's
Office.
Other Conditions
7. All representations of the applicant within the application shall be considered
conditions of approval unless otherwise modified by the Community Development
Director or the Board of County Commissioners.
8. Future development that requires a building permit and requires a new roof shall be
required to have roof materials made of noncombustible materials or other materials
as recommended by the local fire agency.
9. It is recommended that property owners follow "bear aware" practices as
recommended by Colorado Parks and Wildlife.
Notice of this decision will be provided to the Board of County Commissioners who have
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,
Sh_ry(Bower, AICP
Director of Community Development
Cc: BOCC
File
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Exhibit A
Minor Subdivision Plat
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