HomeMy WebLinkAbout6.0 Kinney Sub Amend Additional Info.STEVENSgroup,inc.
November 5, 2019
Glenn Hartmann
Garfield County Community Development Department
Via Email
Re: Kinney Minor Subdivision
Substantial Amendment
Glenn,
Development Logistics
Planning and Design
Specialty Housing Markets
(970) 319-0699
0155 Maroon Mesa Road
Carbondale, Colorado 81623
tstevens(t)stevensgroue nc.com
In response to your letter dated October 30, 2019 regarding completeness review for the above
referenced project, 11 am providing the attached information.
1. We have provided the Certificate of Mineral Rights Research included in your letter
2. An updated Title Commitment is being prepared and will be forwarded to you as soon as
it is available. While I understand the County Attorney's desire, a title commitment has
been provided in this application and nothing has changed that would affect that
commitment. Additionally, the title company's review and signature are required for
the recordation of the plat.
3. Section 5-301 has been addressed and attached hereto.
4. Access to the existing house at Lot 1 has existed for decades and does not change as
part of this subdivision. Access to the new Lot 2 is directly from the County Road, Cattle
Creek Road. Access to Lot 3 however has been changed during the course of the
application. To summarize the change, I offer the following;
As originally conceived, access to Lot 3 was designed as an extension to the
access to Lot 2. It was completely located on the subject parcel. There were
design considerations with this access that dictated a change. The amount of
new driveway was considerable and subtracted area from the existing
agricultural operation. Second, vehicle headlights would shine in the
neighboring property both arriving and leaving from Lot 3. A new crossing to
Cattle Creek would also be required. The applicant was aware that an access
easement existed to Lot 3 but was unable to produce that easement. As a result,
the access to Lot 3 was submitted as described above. Subsequent to the
submission, the easement was located by the title company and the proposed
access to Lot 3 was revised to utilize the existing easement and existing driveway
that begins at Cattle Creek, traverses a neighboring property, bisects Lot 3 and
ultimately provides access to property above Lot 3. This easement provides legal
access to Lot 3. A copy of the easement has been provided. During the
preparation of the plat and the required surveying, it was discovered that the
physical driveway, constructed decades ago, was located just outside the
easement by mistake. It should be noted that the property above Lot 3 has been
sold and this situation was not discovered, nor would it be without surveying the
existing driveway which would not be required for the sale of that property. The
outcome of this process will benefit that lot as they are subject to the existing
condition. Two alternatives exist. First is to construct a new driveway literally
adjacent to the existing, but within the easement, or second, re -write the
easement to cover the existing driveway. The applicant has made several
attempts to contact the neighbor without success. Perfecting the access was a
condition, Condition 6, of the approval of the Minor Subdivision, and after
extension after extension, a new plan of action was discussed that ties writing a
new easement or building a new driveway, to transfer of title of Lot 3 or
application for a building permit on Lot 3. This is discussed in detail in the
Substantial Amendment application.
5. Duly noted.
Thanks for your assistance in the matter.
Sincerely,
Thomas G. Stevens
President
Attachments: Division 3. Subdivision, Section 5-310, Minor Subdivision Review
Certificate of Mineral Rights Research
✓�l Garfield County
Community Development Department
October 30, 2019
Tom Stevens
0155 Maroon Mesa Rd.
Carbondale, CO 81623
RE: Completeness Review Kinney Minor Subdivision Substantial Amendment
File No. FPAA-10-19-8754
Dear Tom:
Thank you for the detailed submittals that you have provided for the Kinney Substantial
Amendment to their Minor Subdivision. Our completeness review included input from
the County Attorney's Office and has identified items that will need to be addressed
prior to a determination of technical completeness. Please respond to the following
items:
1. The Application needs to reconfirm the mineral rights ownership for the property
with addresses for mailing notice if available. A "Certificate of Mineral Rights Research"
form is attached for your use.
2. The Attorney's Office has requested updated title work on the property. Given
the focus on legal access issues, staff feels this will be an important inclusion.
3. While the current and original submittals generally reference the Minor
Subdivision Criteria contained in Section 5-301, the submittals need to specifically
address compliance with each of the criteria.
While not completeness items the following topics are noted for your consideration.
4. The original submittal on the road access for Lot #3 were subsequently revised
during the review process. While the supplements outlining the changes are included in
the submittals, they are somewhat difficult to track and find. It would be beneficial to
include in your narrative an overview of the changes to the Lot #3 access that occurred
during the original review.
5. Given the nature of your modification request the Director of Community
Development has confirmed that she will be referring it up to the Board of County
Commissioners for their review at a noticed public hearing. The public notice will not
change but will identify a public hearing with the Board and not a Director's Decision.
Once the above topics #1 - #3 are addressed we can schedule a date for your public
hearing with the Board of County Commissioners. Please note that the Garfield County
Land Use and Development Code requires that the technical completeness issues be
resolved within 60 -days of the date of this letter, otherwise the application will be
deemed withdrawn unless a request for extension is submitted and approved.
Please feel free to contact me with any questions on the completeness topics noted
above or if you need clarification on any of the items.
Sincerely,
Glenn Hartmann
Principal Planner
DIVISION 3. SUBDIVISION
5-301. MINOR SUBDIVISION REVIEW
A. Overview
1. A Minor Subdivision is any Subdivision that:
a. Creates no more than 3 parcels — The minor subdivision will create two new
parcels for a total of three.
b. is served by private well or wells, or a Water Supply Entity—The three Tots
are served by well. All three wells are permitted and in place. Copies of
the water quality and quantity are included.
c. Does not require the extension, construction, or improvement of a County
right-of-way — The property is accessed off of Cattle Creek Road via private
driveway. As such, no extension is required.
2. A parcel may be eligible to use the Minor Subdivision process once so long as it is
not evading the Major Subdivision process of would result in a de facto Major
Subdivision through the combination of previous contiguous Minor Subdivisions
as determined by the Director. An appeal of this determination shall be
processed as an Administrative Interpretation Appeal — No prior Minor
Subdivisions have occurred on the subject parcel. As such this will not result in
a de facto Major Subdivision.
3. Further divisions of the lots created through the Minor Subdivision process shall
be processed as Major Subdivisions — No additional Tots are requested, and the
applicant understands that no additional lots are approved under this Minor
Subdivision nor can any additional lots be approved in the future under the
Minor Subdivision regulations.
4. Use of the Minor Subdivision process does not prevent the subsequent use of
RLDE pursuant to section 5-203 — While this Minor Subdivision does not prevent
and subsequent use of RLDE, it should be noted that the two additional lots are
located in an area of the subject property that preserves the agricultural use on
this property completely.
B. Review Process
A Minor Subdivision application shall be reviewed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103.
C. Review Criteria
In considering a Minor Subdivision application, the application shall demonstrate the
following:
1. It complies with the requirements of the applicable zone district and this Code,
including standards in Article 7, Divisions 1, 2, 3, and 4. All applicable sections of
Division 1 have been addressed in the application. Legal access, water, private
utilities, and ability to serve with wastewater have been demonstrated. All
applicable sections of Division 2 have been addressed in the application. It
should be noted that the two lots, and specifically the building envelopes,
preserve all agricultural lands on the subject parcel. All applicable sections of
Division 3 have been addressed in the application and comply with all
standards for a subdivision of this type. All applicable sections of Division 4
have been addressed in the application. Further, as specific house plans are
generated the County will have the ability to review those plans against the
Standards and Design Specifications listed in this Division.
2. It is in general conformance with the Comprehensive Plan. The subdivision of
the two lots complies with the general intent and is in general conformance
with the Comprehensive Plan. it should be noted that the two lots will be
gifted to the two children of the applicant allowing them to remain in Garfield
County.
3. Shows satisfactory evidence of a legal, physical, adequate and dependable water
supply for each lot. Well permits, water quality and quantity reports have been
provided for all three wells. All three wells are currently in existence.
4. Satisfactory evidence of adequate and legal access has been provided. Lots 1
and 2 are accessed directly from Cattle Creek Road while Lot 3 is access via an
existing easement. It was discovered that the existing driveway which crosses
Lot 3, providing access to uphill properties, is located just outside the
easement, a mistake made decades ago during construction. This does not
change the fact that legal access exists to Lot 3, but leave two alternatives,
construct a new driveway virtually parallel to the existing or re -write a new
easement to cover the existing driveway.
5. Any necessary easements including, but not limited to, drainage, irrigation,
utility, rood, and water service have been obtained. Nio new easements are
required.
6. The proposed subdivision has the ability to provide an adequate sewage disposal
system. A letter from a civil engineer has been provided stating ability to
service the two new lots with septic. See application.
7. Hazards identified an the property such as, but not limited to, fire, flood, steep
slopes, rockfall and poor soils, shall be mitigated, to the extent practical. The
location of the tow lots and more specifically the building envelopes has taken
into consideration ail mapped hazards and avoided them.
8. Information on the estimated probable construction costs and proposed method
of financing for roads, water distribution systems, collection systems, storm
drainage facilities or other such utilities have been provided. The wells have
already been drilled. No new utility systems will be required beyond individual
sewage disposal systems (septic systems).
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office. All taxes are current.
10. The Final Plat meets the requirements per section 5-402F., Final Plat. A final plat
has been provided for review as part of this application process.
Garfield County I
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-6
requires notification to mineral owners when a landowner applies for an application for deve
local government. As such, the landowner must research the current owners of mineral it
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1
written notice to owners of mineral interests in the subject property in accordance with C.R,S
et seq, "as such owners can be identified through the records in the office of the Clerk a
Assessor, or through other means." This form is proof of applicant's compliance with the Cc
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subj
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfic
Use and Development Code, as amended. As a result of that research, the undersigned apl
the following (Please initial on the blank line next to the statement that accurately reflec
research):
�.., I own the entire mineral estate relative to the subject property; or
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach e
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
JEAN J.-401/44 13rc* l Jf A
'iM... 19 2. 3
I acknowledge I reviewed C.R.S. § 24-65.5.101, et seq, and I am in compliance with said stat