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HomeMy WebLinkAbout04. Standards & Review CriteriaBCEA 9 JOLLEY, 4J LLC I BASIC CORRECTION EXEMPTION APPLICATION FILE NO.: BCEA-03-19-8723 Point by point responses to Article 7 Standards, Divisions 1, 2, 3 & 4 of the Garfield County LUDC. COMPLIANCE WITH ARTICLE 7, STANDARDS DIVISIONS 1 — 4 The following section of this application addresses compliance with the criteria and standards of Article 7, Standards Divisions 1-4 of the Garfield County Land Use and Development Code. Responses to each criterion are in "italics". Where standards don't apply, NA or reason for non -applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS Section 7-101 Compliance with Zone District Use Regulations. Response: The subject properties are in the County's Rural Zone District, which encompasses rural residential areas, agricultural resource lands, and agricultural production areas. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The proposed land use is generally in conformance with the County's Comprehensive Plan. Section 7-103 Compliance with Compatibility Response: This application will not change the current use of the Property. The nature, scale, and intensity of the proposed use is compatible with adjacent land uses. Section 7-104 Compliance with Source of Water Response: The subject properties have physical and legal water supplies, which the County has already approved. Wells have been permitted and constructed on the properties. This application will not change the current water supply or usage. Applicants are not seeking approval of any new development or use. Section 7-105 Compliance with Central Water Distribution and Wastewater Systems Response: Applicants have already constructed and utilized septic systems on the subject properties pursuant to permits the County previously issued. These systems are adequate to serve the proposed use and density. The application is not seeking a change in the existing use or density. Section 7-106 Compliance with Public Utilities Response: Adequate public utilities have served the properties since the construction of each residence and are available and adequate to serve the proposed land use. Section 7-107 Compliance with Access and Roadways Response: The subject properties have adequate ingress and egress to the said tracts by way of various access easements that have been recorded and are included in the title commitments previously submitted. Applicants are not seeking approval of any new road development or use. The applicants have attached a legal description for an access easement depicted in the plat submittals to this response. Section 7-108 Compliance with Use of Land Subject to Natural Hazards Response: As the subject properties are adjacent to Elk Creek, it is otherwise the Applicants' understanding that the subject properties lie outside of any identified slope, soils, and surficial hazard areas according to the Garfield County Geologic Hazard GIS. In addition, Applicants are not seeking approval of any new development or use. Section 7-109 Compliance with Fire Protection (A & B) Response: The proposed use meets the standards identified in 7-109 and the Applicants are not seeking approval of any new development or use that would impact compliance. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS Section 7-201 Compliance with Agricultural Lands Response: The proposed use does not impact agricultural operations, domestic animal controls, fences, roads or ditches as the Applicants are not seeking approval of any new development or use. Section 7-202 Compliance with Wildlife Habitat Areas Response: The proposed use will not impact wildlife habitat areas as the Applicants are not seeking approval of any new development or use. Section 7-203 Compliance with Protection of Waterbodies Response: The 35 -foot development setback from the typical high water mark of Elk Creek will be maintained as the Applicants are not seeking approval of any new development, use or storage of hazardous materials. Section 7-204 Compliance with Drainage and Erosion Response: The proposed use will not impact any erosion, sedimentation, drainage or stormwater run-off as the Applicants are not seeking approval of any new development or use. Section 7-205 Compliance with Environmental Quality (A and B) Response: The proposed use will not impact the air or water quality as the Applicants are not seeking approval of any new development or use. Section 7-206 Compliance with Wildfire Hazards Response: The subject properties are not in an elevated wildfire zone and the Applicants are not seeking approval of any new development or use. Section 7-207 Compliance with Natural and Geologic Hazards Response: It is Applicants' understanding that the subject properties lie outside any identified slope, soils, and surficial hazard areas according to Garfield County Geologic Hazard GIS and further, the Applicants are not seeking approval of any new development or use. Section 7-208 Compliance with Reclamation Response: n/a as the Applicants are not seeking approval of any new development or use. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS Section 7-301 Compliance with Compatible Design Response: The subject properties' site plan is compatible with the existing character of adjacent land uses and will comply with this section as the Applicants are not seeking approval of any new development or use. Section 7-302 Compliance with Off -Street Parking and Loading Standards Response: n/a as the Applicants are not seeking approval of any new development or use. Section 7-303 Compliance with Landscaping Standards Response: The proposed use will not impact the landscaping standards as the Applicants are not seeking approval of any new development or use. Section 7-304 Compliance with Lighting Standards Response: The proposed use will not impact the lighting standards as the Applicants are not seeking approval of any new development or use. Section 7-305 Compliance with Snow Storage Standards Response: The proposed use will not impact the snow storage standards as the Applicants are not seeking approval of any new development or use. Section 7-306 Compliance with Trail and Walkway Standards Response: The proposed use will not impact the trail and walkway standards as the Applicants are not seeking approval of any new development or use. DIVISION 4 SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7-401 Compliance with General Subdivision Standards Response: The proposed use will comply with the general subdivision standards as the Applicants are not seeking approval of any new development or use. Section 7-402 Compliance with Subdivision Lots Response: The proposed use will comply with the subdivision lots as the Applicants are not seeking approval of any new development or use. Section 7-403 Compliance with Survey Monuments (A and B) Response: The proposed use will comply with the survey monuments as the Applicants are not seeking approval of any new development or use. Section 7-404 Compliance with School Land Dedication (A — C) Response: n/a as the Applicants are not seeking approval of any new development or use. Section 7-405 Compliance with Road Impact Fees Response: n/a as the Applicants are not seeking approval of any new development or use. DIVISION 5 DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS Section 7-401 Compliance with Design Standards for Conservation Subdivisions Response: n/a as the Applicants are not seeking approval of any new development or use. BCEA 10 JOLLEY, 4J LLC I BASIC CORRECTION EXEMPTION APPLICATION FILE NO.: BCEA-03-19-8723 Point by point responses to the BCE Review Criteria in Section 5-204 C of the Garfield County LUDC. COMPLIANCE WITH ARTICLE 5, DIVISIONS OF LAND DIVISION 5-204.0 The following section of this application addresses compliance with the criteria and standards of Article 5, Divisions of Land, specifically Division 5-204.0 of the Garfield County Land Use and Development Code. Responses to this criterion are in "italics". Where standards don't apply, NA or reason for non -applicability will be stated. DIVISION 5 SUBDIVISION EXEMPTIONS Section 5-204 Compliance with Basic Correction Exemption, Review Criteria. Response: 1. Compliance with all applicable requirements of this Code; The proposed use complies with all applicable requirements of Article 5, Section 204 as the Applicants are not seeking approval of any improvements. 2. Does not generally conflict with applicable sections of the Comprehensive Plan; The proposed use will not conflict with applicable sections of the Comprehensive Plan and will not change the existing use. 3. Does not change the existing character of the development; The proposed use will not change the existing character of the development as as the Applicants are not seeking approval of any improvements and do not intend to change the existing use. 4. Does not alter the basic relationship of the development to adjacent property; The proposed use will not alter the basic relationship of the development to adjacent properties as the Applicants are not seeking approval of any improvements and do not intend to change the existing use. 5. Demonstrates that extraordinary and exceptional special circumstances or conditions exist unique to the property supporting the request; In 1978, the Garfield County District Court in C.A. 8787 approved a settlement agreement by order of the Court creating the existing illegal parcel, this issue was unknown to applicants prior to submittal of this application, and this unique situation should be considered when reviewing the application. 6. The special circumstances and conditions have not directly resulted from any act of the Applicant; Correct. The applicant purchased the properties over the last several years, has properly obtained in permits for prior improvements and was not aware of any issue until a minor boundary line adjustment was requested. 7. The strict application of the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on, the owner of the property; Correct. See other responses herein. 8. The BCE is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship; Correct. The applicant is requesting consideration for the unique circumstances creating the illegal parcel. 9. Granting the BCE will not cause substantial detriment to the public good; Correct. Granting the BCE will not affect the public good. 10. Granting the BCE will not substantially impair the intent and the purpose of this Code; Correct. Granting the BCE will not impair the intent or purpose of the Code or change the existing uses of the properly that have been previously permitted. 11. The BCE shall have sufficient legal and physical source of water pursuant to Section 7-104 or waivers to said section; Correct. The BCE will not change the legal and physical source of water, water supply is legally existing and in place. 12. The BCE shall have legal and adequate access pursuant to Section 7-107 or waivers to said section; Correct. Legal and adequate access is existing and in place. The BCE will not change access. 13. The BCE does not create hazards identified in Section 7-108 and Section 7-205 or exacerbate existing hazards; Correct. The BCE will not create any hazards per 7-108 and there are no existing hazards. 14. The BCE shall have an adequate water distribution system and wastewater disposal system pursuant to Section 7-105 or waivers to said section; Correct. These systems already exist. 15. Board of County Commissioner's approval may include conditions of approval or plat notes to address limitations associated with Article 7 Standards including provision of adequate water. Applicant recognizes the approval may be with conditions, if necessary. 16. The Final Exemption Plat meets the requirements per Section 5- 402.F. Board of County Commissioner's approval may include conditions of approval or plat notes to address Final Plat requirements including lienholder certificates. Correct. The final exemption plat will be submitted under separate cover. 17. The applicant may be only the owner of the Exemption Parcel. Applicant confirms as of now, it is the only owner of the Exemption Parcel.