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HomeMy WebLinkAbout1.01 Pre-App 10.23.2020Garfield County 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: 217916103003 PRE -APP DATE: 10/23/2019 PROJECT: Ruben Minor Subdivision OWNER: Joel Ruiz REPRESENTATIVE: Joel Ruiz PRACTICAL LOCATION: 346 County Road, Silt CO 81652 ZONING: Rural COMPREHENSIVE PLAN: Urban Growth Area of Town of Silt TYPE OF APPLICATION: Minor Subdivision I. GENERAL PROJECT DESCRIPTION The property owners desire to subdivide the 35.97 acre parcel into three residential lots. A draft plat was presented to the staff at the Pre -App Conference. The proposed minor subdivision would create lots of 11.19 acres, 14.37 acres and 10.4 acres in size. The parcels are located south of the Town of Silt on County Road 346. The property is currently vacant. The parcels are located within the Rural zone district. The minimum lot size in the Rural district is two acres. The proposed lot sizes exceed this minimum size requirement. The proposed lot line configuration does not appear, based upon the information provided on the plat, to create non- conforming conditions for setbacks or other Rural zone district standards. Easements for existing gas pipeline, water pipeline and an irrigation ditch are located on the property. Staff understands that the new lots would be served by well and septic systems. A subdivision is required to demonstrate legal and adequate water for each lot. Permit documentation for these systems should be submitted with the application. It appears that ditches not within easements t may also be located on two of the proposed lots. These ditches will require easements. Please note the requirements in Article 7 that relate to protection of agricultural lands and ditches, Division 2, 7-201 of the LU&DC The draft plat presented illustrates the access drive location for each lot. The applicant has stated that these locations have been reviewed and approved by the Garfield County Road & Bridge Dept. All driveways will need to conform to the standards and requirements defined in Section 7-107 of the LU&DC. All existing and future public utilities should be contained with an easement. The LU&DC requires that utilities are to be underground for new Subdivision proposals. The applicant's Surveyors should ensure that the required Certificates, notes and plat language conform to that prescribed by the County for the necessary signatures. The plat will need to include all information as described in Section 5-402(F), including the name and addresses of the surface owners and mineral estate owners. The applicant will also need to submit a title commitment for all the subject properties and ensure that the plat states that all easements and encumbrances identified in the commitment are accurately shown on the plat. Proof of ownership is required to process the application. All property owners, per County assessor records, will need to sign the application and provide a letter of authorization for anyone serving as the applicant's representative. Any existing or proposed (draft) Codes Covenants or Restrictions (CCR's) that affect the subject property should be submitted with the application. The LU&DC also requires an engineer's report for: (A) Roads, Trails, Walkways and Bikeways; (C) Sewage Collection and Water Supply and Distribution System; (E) Groundwater Drainage and (H) Preliminary Cost Estimates for Improvements. Please reference Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable, for any submittal or standards waivers that you will request. As the application needs to be referred to the Colorado Geologic Survey, the referral form (attached) needs to be submitted with the application along with the applicable fee. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code as amended o Section 5-301 Minor Subdivision o Table 5-103 Common Review Procedures and Required Notice o Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates. o Section 5-402 Description of Submittal Requirements including Final Plat o Section 4-103 Administrative Review (public notice) 2 o Section 4-203 Description of Submittal Requirements (as applicable) o Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. o Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: 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). 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. Site Plan and related information (some may be shown on the proposed plat) including topography, existing improvements, infrastructure, irrigation ditches, and significant features. The site plan should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Water Supply Plans needs to include details on legal water (well permit and/or draft contracts with Water Conservation District), well production tests, and water quality tests. Should the Applicant wish to delay drilling of the new well as a condition of approval, waiver requests are needed. Waste Water Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. County permits for the existing system need to be provided. Information as applicable to demonstrate compliance with provisions of Article 7 Standards, Divisions 1, 2, 3, and 4. Final Plat meeting the standards in Section 5-402(F) and all required Certificates. Form and payment for the Colorado Geological Survey (CGS) review. The payment check for this referral should be made out to the Colorado Geological Survey. 3 Engineering Reports, as applicable per Table 5-401, Minor Subdivision, A (Roads, Trails, Walkways, and Bikeways), C (Sewage Collection and Water Supply and Distribution System), E (Groundwater Drainage), and H (Preliminary Cost Estimates for Improvements). Information on the adequacy of the access driveways to serve the proposed lots to meet the dimensional standards in Section 7-107 (Public Right of Way to each subdivision parcel). A copy of the Roadway Waiver policy is attached if the applicant cannot demonstrate the existing driveway meets requirements. Submit three paper copies and one digital of all application materials. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: 4 Approxi m a tcly 2 r+ionthrs if submittal is oorriplete Garfield County Minor Subdivision Review Process ISettinri 5-301) 1 Step 1: pre-applita.ticori [onfertrrte * Applicant has ii ripnth su l rIt pplici t1 i Step 2: Application Sub rri fttiI Step 3: Completeness Review ■ 10 business days to review 4 i n +plLr-, d6yrs rangy d flcl&rWe-s Step 4: Schedule Dec i5101) Date and Provide Notice * Mailed to adircerrt property crwrtitr5 within 2CPCIfeet rkd mineral ownerl at least 13 days prior to decision date Step 5: Refrrfa r * 21 syr comment period Step 6: Eviluti ri by afreitor Step 7: Director's. Decision ' Calt-up Period - within 10 day of Director's Decision w Aftiplica rtit lhwn 90 days IQ meet 4nyf vor:i4on . of Approval 5 The Application may be "Called -Up" for review by the Director and the Board of County Commissioners. In addition, the Applicant and any affected Adjacent Property Owner can request a Call -Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): Referral Agencies: X Directors Decision (with public notice) _ Planning Commission _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, Colorado River Fire Rescue District, Colorado Parks and Wildlife. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colorado Geological Survey - others 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: (....) •:....L-------\‘-•=awemb.,e..........----e. Oct 24, 2019 Vince Hooper, Planner III Date 6 Attachments: Certification of Mineral Ownership Colorado Geologic Survey Referral Form 7 Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of 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 additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature Date COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS County Date Project Name APPLICANT (or Applicant's Authorized Representative responsible for paying the CGS review fee) Name Address Phone Email 1 1 1 /4, /2, or /4 /4 Section(s) Township Range Dec Lat Dec Long FEE SCHEDULE (effective June 1, 2009) Reviews for Counties Small Subdivision (> 3 dwellings or lots and < 100 acres) $950 Large Subdivision (> 100 acres and < 500 acres) ... $1,550 Very Large Subdivision (500 acres or more) $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) $600 Reviews for Municipalities At hourly rate of reviewer Special Reviews At hourly rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geological Survey • 1801 19th Street, Golden, CO 80401 • Ph: 303-384-2655 • Email: CGS_LUR@mines.edu • ColoradoGeologicalSurvey.org created 3/16/98, revised 11/11/2014 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process 1 Why am I required to have a CGS review when I already hired and paid for my own consultant? In 1972, Senate Bill 35 was passed stating that any person or entity subdividing a property into parcels of 35 acres or less on unincorporated land must submit geologic or geotechnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS review a site, although these reviews are not governed by the statute. 2 Why is a CGS review necessary when I already hired my own geologist? The CGS review is an independent third -party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. 3 Why does CGS charge for land use reviews? Doesn't taxpayer money pay for this service? CGS land use reviews are not subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. 4 Did the CGS geologist make a field visit to the site? A CGS geologist visits each site being reviewed. If the review is a re -submittal for a site that has been visited previously, a second site visit may not be necessary. If significant changes have occurred since the initial review, the site may be visited again. 5 Why is the CGS review letter so short and simple? What is my fee paying for? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS does not offer designs, but rather ensures that the work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs to be done or if difficult site conditions are present, the letter may be longer. 6 What type of information do I need to submit to CGS for a land use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic map is essential. Also, information regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review. The presence of geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. 7 The subdivision down the road was approved, why wasn't mine? There could be several reasons: geologic conditions can change over short distances; subdivisions made prior to 1972 were not required to undergo a CGS review and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them. 8 Why are CGS reviews required even on low-density properties? Senate Bill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large -scales or small -scales; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater problems. 9 Why can't I just use the soil conservation maps for a geologic report? The USDA soil conservation maps are a good start for geologic investigations, but do not contain sufficient detail on the possible geologic problems that may occur at any site. 10 Aren't some of your review comments beyond the scope of geologic hazards on my site? Technically other agencies have regulatory authority regarding issues such as flood plains, groundwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of Engineers or the Colorado Water Conservation Board should be reviewing development plans. 11 When I bought this property, no one told me about any geologic hazards on the site; can Igo back to the previous owners somehow? CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. 12 Can I get a waiver from having the CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. 13 I am willing to accept the risk associated with my property — why is it anyone's business what I do with my own land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated.