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.