Loading...
HomeMy WebLinkAbout2.0 Staff Report 07.26.2019Director's Decision Exhibits Tolan - Tiscornia Waiver Request from Water Body Setback (Fi le GAPA-O 6-1 9-87 37) 7126t19 Applicants: Margaret Tolan & Santiago Mussi Tiscornia Exhibit Number Exhibit Description 1 Public Notice Hearing lnformation Form & Attachments 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Staff Report o Referral Comments from the Army Corp of Engineers 7 Floodplain Special Use Permit Resolution No. 92-109 8 Ranch at Roaring Fork HOA Approvals I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 t EXHIBITL Gørfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe described action. My application required written/mailed notice to adjacent property owners and mineral owners. X X Mailed notice was completed on the 10 day of July 2019. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. x All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] Please attach proof of certified, return receipt requested mailed notice My application required Published notice. Notice was published on the daY of Please attach proof of publication in the Rifle Citizen Telegram 20_. tr My application required Posting of Notice. Notice was posted on the daY of 20-. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. -. Maroaret TolanName: Signatu re Date:July 10,2019 ,--,' Il,/- PUBLIC NOTICE TAKE NOTICE that Margaret Tolan and Santiago Mussi Tiscornia have applied to the Community Development Department Director, Garfield County, State of Colorado, to request approval of a Waiver Request from the 35 ft. Waterbody Setback; in Garfield County; to-wit: Legal Description: The property known as Lot 6, Elder Amended Plat, a Resubdivision of Lots 47 - 63 Ranch at Roaring Fork lV, Filing No. Three, Recorded at Reception No. 476659 and further described in a Warranty Deed Recorded at Reception No. 9181 16 with the Garfield County Clerk and Recorder' Practical Description: The property is located within the Ranch at Roaring Fork Developlnent approximately 2 miles east of the Town of Carbondale, off of Surry St. (address to be determined). The property is 0.588 acres in size and is known by Assessor's Parcel No. 2393-362-17-006. Description of Reouest. The Applicant is requesting approval for a Waiver Request from the 35 ft. Water Body Setback from wetlands on the property, to allow development of a single family home on the lot, to be located entirely within the approved building envelope as shown on the subdivision final plat. The approved building envelope is 5 ft. from the wetland boundary and no changes to the buifding envelope are being proposed. There will be no impact on the wetland area. Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Waiver Request are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in ðeciding whether to approve, approve with conditlons or deny the request. The application may beleviewed at the office of the Community Development Department located at 108 Bth Street, Suite 401, Gafüeld County Plaza Building, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The file can also be accessed at the following link and searching for (File No. GAPA-06-19-8737). httos s.oadield- mSearch hName=Buildin Docu The Director will make a decision on this application on July 26,2019. Any comments to be considered must be received prior to that date' Comm unity Development Department Garfield County L VICINITY MAP (Applicant's site shaded in orange) SigïtBv t-â 239!fi217ù11 23*$rôtl 2t91362t70tt27003 2393:¡6"1?00¿ I j ì' 23933ı?17005 2r933æt?O{ì7 2393tG:H 506t i -- 239it6lqþl}5 35933621 2s93:t62tf)27 ,: t3!lt3ô2t 5{llı, i ' 2¡93:15¿1lll3l Garfield County Land Explorer Porcel Physicol Address RANCH AT ROARING TORK HOMEOWNERS ASSOCIAÏION INC z GAGLIONE, LEONARD & SARA ¿- ROSENBERG. LAURTE JOY Accounl Molling Address 1ð3U [luut r?ð5 ð?5b RI I I44ó I49I3 HWy 82 CARBoNDAtt, coBl6z3 -" ?El,ð lB3U EEBl 17Ë5 Ê7ðI * ?81å 1Ë38 U0U1 r?ås ðtBÊ R0t I 7óó 8t 623-97 1B Owner 7U1ð 23933ól 00005 239336215045 239336215046 239336217001 239336217002 239336217003 239336217004 23933621700s ì49t3 82 HWY CARBONDALE 280 SURREY ST CARBONDALE 29ó SURREY ST CARBONDALE CARBONDALE 293 SURREY ST CARBONDALE 305 SURREY ST CARBONDALE 3I 9 SURREY ST CARBONDATE Nol ovoiloble CARBONDALE Not ovoiloble CARBONDALE Þ111 t\A I /Ol? !\^/V QO -^ÞO^NIñ^l E -^ O1 taa ?u18 l,t3E EEUI r?å5 åå1r ' SCHILLE, JOHN & DONG, JIF Rì r2oo3 l??itriXi,)cREEK ROAD uNrT e ?01å 1B3n n0D1 r?95 åË¿h LAMB, GREICI-I[-N MICHTLT & LITTON, ELDO BART3N Rll2uu4 ett.a ?EL,ð 1ð38 EIIUl T7ô5 BB3l STEWART, MEGHAN & KIRKLAND, WILLIAM Rt t2005 ?0t t 3I 9 SURR 5IRItI CARtsONDALT, CO ¿ 1å3ll uEEl, r?å5 ðö'+E BAILEY FAMILY INVESTMENT COMPANY Rt ì200ó ?n1å 1å3n I UUU óLUE NT LANE CA co 91 A)? uuEl r?85 å?qt :* I'I'JURBER, ERNEST M & ROBYNE K Rì r2007 JJJU ) TTKKY TAKK KUATJ JEUALIA, LU B0ì 35 9.1 Ata. 239336217007 2393362174O8 23933ó217009 239336217010 23933621701 l ROW 34ó SURREY ST CARBONDALÊ Nol ovoiloble CARBONDALE 338 SURREY SI CARBONDALE 328 SURREY ST CARBONDALË 3] 5 SURRËY ST CARBONDALË Not ovoiloble null TOLAN,ËT&TI - WOLFF. TRACY A RRf- LAND LLC GIRARDOT, R ANDREW JR & JUDY H DUCKER FAMILY TRUST / CHANDLER, JOHN F & HAYLEY L 7BL,ð l,ð3t DDUl T7ú5 å?h5 Rt t2009 SPRINGS, CO 8IóOI ?nl,ð l,ð38 EE0i, 1?ð5 Ë?5Ë Rl I 20t0 ?El,ð Rlt20l l 7U1å PO BOX 27ó3 BASALI CO Bìó2ì l,å38 IlBEl, r7Ë5 E77e 2913 Y ROCK, aÕ RnloB_8318 1å3CI UUDI I?Ê5 B?¿'? Rr r20t2 781ô 2OO HIGH SIREET DENVER, CO BO2I B 1838 EEUI r?Ë5 ôË71 J LL/UÑ\JU I T IJRIV E BOULDER, CORr r 20r3 8030r U.S. Postal Service" CERTIFIED MAIL@ RECEIPT Domestic Mail Only U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic MaiÍ Only Sf;:nåLIA¡ f[ li*LT5 ti f] Return Rscelpt (hardcopy) t Return R€ceipt (elêctronio) fl C€rtifled Ma¡l Restrict€d Delivory I Adult S¡gnaturo Requirêd n Adult S¡gnatúre Regtrlcted Detivery . .Poslmqrk: närii.; (-.t {:) rÊ.q,r\ Þ CeAj)\r1-+- PS Form 3800, April 2015 psN 7ss0.oz-ooo'sl47 See Reverse for lnstructions For dèl visit our webs¡te at www, ro .-E t! EO r¡ E0 r!.tr r{EEE [f,m E0 r-t En rjlErr fr Etr tL EO r¡rt f-[r r{EE E] Em EE rl Et¡ rjlE f! mmEtÐ tfl Eor! IT rlcftrlE E]m ÊO rl ÐrI EIr\ rl5-t\ Efl lf¡ Eflrr f¡. rqEEE Emf, rq EÍ¡ r?E ru E].1 En Ëtr rflctrr IT dEEE Efrl Ef3 r{ Ðr:ltrlrr _,r . Postmark "i. Here.I I " ...'' j :l/ ;jr,::;1:-aI i", {_1- Postmark ... !.t ,'Herp _-._ ' j 'rl-ll;J Llli*" -'.*,. ,"1'l ' ,,,, ¡+ 1r U- rT EO EO r4 S Etr fqtr rlEtrlE Em€rl Ðrltfrr .;: r-] ,it ''ry i* F__6l{n¡ s\,.U CRee *'' iii il.li\rfruD ijFRIi'lijiä I ilü *l,irli BeturnRecê¡pt(hadæpy) $ nReturnReceipt(elect@nlc) $ I Certifled Mail Bætrioted Dellv€ry $ lAdult S¡gnature R€qu¡red $ D Adult Signaturo Bestrict€d D€lìvory $ (check box, or ) v. For delivery visit our website at com@ PS Form 3800, Apr¡l 2015 PsN 7530-02-000-9047 See Reverse for lnslluct¡ons U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT 'Domestic Mail Only U,S. Postal Service'" CERTIFIED MA¡L@ RECEIPT Domest¡c Mail Only tåh:Bfll.lt'*Ltr {ü *1'$?.i txtra Seruices & Fees (check box, add teeü.4¿ed¿btatet, nRoturnRêceipt(hardcopy) S {tU. tiig i', n Return Recolpt (eredron¡c) $ __4ii-rfj$_ EoertlfiedMafResklctedDellvery S i,:. ",:..-F, EAdurts¡snaturoRequir€d t-Ïflil- EAdult signature Restr¡cted Dêtivery $ + l-t " l-ll-l --. r-a-{/-€-.- ---.----ßt-u.a-. .i) informat¡on, visit ourFor at PS Form 3800, April 2015 psN zSso-oz-ooo-s042 See Aeverse for lnstructions üiTÊ¡{ü *¡Lltlt TI ül{ ¡ ttl E1.5r"r'i L)ftra Seru¡ces & Fees (check box, add feeã3-w.ìiqtlatê) j E Relom Ræ€ipl (hârdcopy) $ *+jl-j]S_- E Roturn Rece¡pt (€tectrcnic) $ tfr ¡ ¡f l Ecedilied Mail Restr¡cred Detivery $ ;;:i ';{;i nAdurt sisnaturê Requk€d S Ji l ' ,{li E Adult slgnaturo Reslr¡cted Detivery $ P l-l 'i li!-i Postage $\ ? ___"-(-ï (-È.Þ or l!_ For delivery information, vis¡t our website at www.usps,com@, PS Form 38OO, April 201.5 PSN Tsso"oz-000-9047 See Revèrse for lnstructions U.S. Postal Service'ù CERTIFIED MAIL@ RECEIPTDomestic Mail ËNr {fi Sl.¿it1 '*1, ïrr R€turn Receipt {hardcopy)$I Return Receipt (eloctronic) Cen¡fledE Best¡¡ct€dMall Delivory SignatuÞDAdutt Required $ ¡Adu¡r Signãture R€stricted Dofiv€ry Êii, T."i S+. ri5 J L r_1.¡ :.-t;. ,t our website at U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mait Onty Receipt (hârdcopy) $ n Retum Fìece¡pt (etectrcnio) $ n Cert¡l¡od Ma¡l Restr¡cted Det¡very g EAdu¡t Signatu@ Requìred $ ¡Adult S¡gnatuÞ Restrtcted Detivery S 'lú v,t {)or 45 TEJJ .ã-r¡ e 6 -J or M ;siÎ.t_€€f U.S. Fostal Service" CERTIFIED MAIL@ RECEIPT Domestic Maíl Only U.S. P.ostal Service" CERTIFIED MAIL@ RECEIPT Domestic Mail Only ¡\ ¿!..i, I '-'Ê'trEñ:g,0l,l**LI r {å 8l.di:T ERêturnRæeipt(hardcopy) $ n Rdúrñ Receipt (êloctrcnlo) $ E Cêrtfied Maìl Restr¡ct€d Del¡vory $ nAdult s¡gnaturo R€qúlred $ ÜAdult Signâture Restrictêd Þeìlvery $ (check box, i.1¿ .P9it*Ft(.....;f,.,ì. ; !-lt"t-t,;.?;::l irlt ir iJ Xr,* , ¡_l;l Rêet. plr v¡s¡t our at 2015 psN 7530-02-000-9047 See Reverse for fnstructionsPS Form 3800, ruEÐ Eg tn Et f- TT r-lEEtf Em Efl €riEr\ JT ru Eû EA ljl Ell Fu TT rjlEÉtrl Em EO r:l Efl r{ Er! -¡tr Ia EB Ln EOr!tr ÊEE EI trf, m Efl rì ß0rltrlr! .¿i EÐ U-lr!Ð t4€ fulI- r{E EIE E]m€ rl EO rjlclrr ru r\.rr EO tr -tEf rrrurr ED r¡ Eflr*Ir rlEEcl Em€ri r{3 rlE ru {l {.1Poslmark.ji;i :"i,!" i,j:jìi t_l Postmark Here Hefe ! U7,rl l"¡"/iiJl I Postmark Hsre A-u .._...2a..ê_.3_...û or IEI.;E 5': rf¡rlErt ( r> ?ra i1 tåþ:üül{ü*tEr {t ü16T3 n Roturn Reoe¡pt (hârdoopy) $ E Return Rece¡pt (6tectronlc) $ n CeÉlfled Mâjl Restrlcted Dellvery $ nAdult S¡gnaturê Required $ E Adult SignatuÞ Restr¡cted Del¡very $ add Slte l\, q k..r.xel '-ìJ)6NC)Dfr¿-e For delivery information, vis¡t our website al www.usps.com@ PS Form 3a0o, Apr¡l 2015 psN 7530-02-0oo-s047 See.tleversefor lnstruct¡ons U.S. Postal Servíce'" CERTIFIED MAIL@ RECEIPT Ðomestic Mail Only U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail li[i'l'!tËR¡ tü üt]?i* L Certlf sd Mail Restf oted I Return R€ceipt (hardcopy) n Retum Rec€ipt (electronic) E Adult Signaturo Requir€d tr Adutt signature Rostr¡cted ,:] $ ¡11-r ù._!._l ã,+ r r_1."¡ t/ç our website at See Reverse for lnstructionsPS Form 3800, Apr¡l 201 5 PsN 7530-02-000-9047 tåFiÊflf{üRilEr {¡l tl6?3 ii E Roturn Recoipt (hardcopy) $ EReturnRecelpl(e¡ectronic) $ E Cert¡f¡ed Mã¡l Restricted D€ilvory g EAdult Signâture Roquir€d $ t Adult Slgnature Restrlcted Dêtivery g ,P!?tfl' !Ì:-. l-l For inforrnat¡on,vísit our website at Form 3800,2015 psN 7sgo"02-ooo-9047 See Reverse for lnstruct¡ons U.S. Postal Service'. CERTIFIED MAIL@ RECEIPT Domestìc Mail U.S, Posta,l Service'" CERTIFIED MAIL@ RECE¡PT Domestic Mail Only Cedilled E Return (hardcopy) Tl Rêturn RecelÞt 16leckonic) nAdutr !Adutr t.,$ rr: ;-lr / ww citqt- kp_st.ViFsr \J Þftsw{tßA J-F-- f,-R,---A 1IÐ vis¡t our webs¡te atFor B n¡ $ $ $ (eÌeckonlc) i ¿iLr informatÍon, visit our website atFor *1- U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mailrjtrr Ee EO lflûrr E- rlE E¡E Em ÊOr{ Êtr 'jIE]rr *? rir-l f] Rstüm Ræe¡pt (hadcopy) L] Rêtum R€cetpt (elochon¡c) n Cert¡fi€d Ms¡l Reshict€d Dellvery f] Aduft s¡gnatur€ Rsqulred l] Adult Slgnature Resrdct€d Deltvsry * Qo 7al-/ QO For deli visit our websíte al www. PS Form 38OO, April 2015 psN Tsso-02-ooû-9047 See Reverse for lnstructions Gurfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with øny opplicøtion for a Land Use Chønge Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. $ 24-65.5-L01,etseq, 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(EX1Xb)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. 5 24-65.5-10I, 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 cert¡f¡es that m¡neral owners have been researched for the subject property as required pursuant to C.R.S. 5 24-65.5-10L, et seq, and Section 4-101 (EX1XbX4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the folfowing (Pleøse initial on the blank lÍne next to the støtement thøt occurately reflects the result ol reseørch):/ -V- I o*n the entire mineral estate relative to the subject property; or - Minerals are owned by the parties listed below The names and addresses of anyand allmineralowners identified are provided below (attach additionalpages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. S 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. rtr &t Applicant' {ryt Date Õ EXHIBITIItooo6 PROPE RTY OWN ER/APPLI CANT irector's Decision 7 1261 19 GAPA-06-19-8737 PROJECT INFORMATION AND STAFF COMMENTS REQUEST Administrative Review Waiver Request from Water Body Setback Margaret Tolan and Santiago Mussi Tiscornia 2393-362-17-006ASSESSOR'S PARCEL # PROPERTY SIZE Approximately 0. 588 acres LOCATION The site is located approximately 2 miles east of the Town of Carbondale, within the Ranch at Roaring Fork Subdivision, located off of Highway 82 on Surrey St. with an address to be determined at the time of building permit. LEGAL DESCRIPTION The property known as Lot 6, Elder Amended Plat, a Resubdivision of Lots 47 - 63 Ranch at Roaring Fork lV, Filing No. Three, Recorded at Reception No. 476659 and further described in a Warranty Deed Recorded at Reception No. 918116 with the Garfield County Clerk and Recorder. ACCESS Private Roads within the Ranch at Roaring Fork Subdivision. Direct access is off of Surrey st. EXISTING ZONING Planned Development (PUD) I. GENERAL PROJECT DESCRIPTION Section 7-203 Protection of Water Bodies includes are requirement for a 35 ft. setback from the typical and Ordinary High Water Mark for a Water Body. This section of the code also prohibits removal of vegetation within the 35 ft. setback and disturbance of 1 existing natural surface drainage characteristics and flow patterns. Article 15, Definitions includes wetlands under the definition of Water Body. The Applicant is requesting approval for a Waiver Request from the 35 ft. Water Body Setback from wetlands on the property, to allow development of a single family home on a lot created and approved by the Elder Amended Plat within the Ranch at Roaring Fork Development. The proposed improvements on the lot are to be located entirely within the approved building envelope as shown on the subdivision final plat. The approved building envelope is minimum of 5 ft. from the wetland boundary and no changes to the building envelope are being proposed. The Applicant is proposing no impacts to the documented wetland area. II. BACKGROUND The Applicant is in the process of applying for a building permit and will be subject to all building code requirements. A Floodplain Development permit was approved by 2 Vicinity Map Applicant's Site ftI-glU" 23û:fl62l7ûll 7(}0t '.^*".-----,- 2393362t rlþ3 239336217002 239Í¡621 239fr¡6ã7lx¡a 239336ar7007 23933621 tfttg 23!¡3tC21 23936rOOO{15 239:t38217005 Aerial Photo Applicant's Site trr¡ï!:¡m5 ,;ffi Ãl:$ElFrÉ aas,.*. k+ær!ïârm03 m ãrr$f9ræ trr.:fi:-"¡mú +.::v ørç@@ñflrnrffir¡ çfÍr|:rrïi'rì!t 6esEml,3 ',¡{'' rf"ffll'rdrfto/. s¡ rrüui(i r J r ã1€aørE0ø ,ltçrrm¡ ,¡r;¡çr¡r¡g ãæqÐqæa .l Resolution No. 92-109 allowing for the placement of fill on the property and requiring the elevation of building on the property to 1 ft. above the 100 Year Flood Elevation. The Application reflects compliance with all conditions of the Floodplain Development Permit. III. AUTHORITY A. The Land Use and Development Code Section 4-118 contains regulations and review criteria specific to waivers from Standards. Table 4-102 contains details on processing waiver requests including where a waiver is associated with a Use by Right it is processed as an Administrative Review with appropriate public notice. B. Review Criteria for waiver requests from standards is contained in Section 4-118 LOCATION . SITE DESCRIPTION The site is located within a platted subdivision, the Elder Amended Plat, as part of the Ranch at Roaring Fork Development. The developable portion of the lot, within the building envelope, is generally level and reflects a significant grade change from the street level. This anticipates an area of placement of fill or other means of elevation 3 (c) tv. pursuant to the original Floodplain Development Permit. The balance of the site reflects native vegetation including areas of previous wetlands mitigation associated with the Elder Amended Plat approvals. The area within the building envelope reflects low growth of native shrubs and has been partially cleared to facilitate soils evaluation/testing. At the boundaries of the building envelope apparent wetlands vegetation was noted consistent with the wetlands designations reflected on the final plat approvals. This area of vegetation is very dense. A live water body, known as "Sopris Creek" runs along the southerly boundary of the lot and is more than 80 ft. from the building envelope. The Applicant's proposal is in compliance with setbacks from "Sopris Creek", the closest live stream. V. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Director's Decision in accordance with the Garfield County Land Use and Development Code as amended. The Applicant has provided public notice documentation and a mineral rights research statement in accordance with the Land Use and Development Code. No public comments were received. Referrals were sent to a number of agencies with comments summarized below: 1. Army Corp of Engineers, Travis Morse: Provided that the Corps has no comment if the proposal does not invovle impacts to weland or other jurisdictional water of the U.S. 2. Colorado Parks and Wildlife: Did not provide comments 3. County Vegetation Manager: Did not provide comments, however, a condition of approval is recommended to address coordination with the County Vegetation Managaer on re-vegetation and weed mitigation. 4. County Chief Buildiing Official: Did not provide comments, however, staff is coordinating directly with the Building Department on the waiver request and related Floodplain Permit compliance. VI. STAFF COMMENTS AND ANALYSIS Section 4-118 (C) Waiver Review Criteria 1. lt achieves the intent of the subject standard to the same or better degree than the subject standard; 4 a. The developer of the Applicant's property has obtained all required approvals and permits from the Army Corp of Engineers for development and placement of fill on the Applicant's property. Compliance with said approvals shall be required. b. The Applicant's proposal is consistent with the approved plat and building envelope designation. All improvements are to be located within the building envelope. c. No impacts to or removal of wetlands vegetation as shown on the approved wetlands delineations formalized at the time of subdivision are proposed. d. The Application is also in compliance with setback requirement of 35 ft. from the live stream located adjacent to and west of the building envelope. e. Fencing and protection of wetlands boundary and building envelope shall be required.f. Best Management Practices for stormwater protection will be required for site management at the time of building permit. This may include silt fencing as appropriate. g. The foundation design and the use of pier for a portion of the structure will further reduce the potential for impacts on wetlands. h. Staff supports a finding of compliance with the above criteria EXCERPT FROM ELDER AMENDED PLAT I lì 1- \å 6¿ ,aoI $,,uu' {^ r Y I \sà\ "f rì/ -ð/ '9o), / "q>-,<*.l *"ra. ILt2 l I)(a )ë'lf' .K'X CRF} ¡¡ ÆoçÍtìtY UNE &tæ€ tr soP&ts I I I I I \.q qri r r.l $i 5 2. lt imposes no greater impacts on adjacent properties than would occur through compliance with specific requirements of this Gode. a. The development is limited to within the approved building envelope as platted and approved for the subdivision. b. Building envelopes were established for all lots within the subdivision and the applicant's proposal is consistent with the approved plat. c. No structures are proposed outside of the envelope. d. All other setbacks consistent with the Planned Development approval and plat are being maintained. e. Staff supports a finding of compliance with the above criteria. VII. ADDITIONAL STAFF COMMENTS tr 1. Compliance with the conditions contained in Resolution No. 92-109 will be required including elevation of the lowest finished floor of the structure to a minimum of 1 ft. above the 100 year floodplain elevation. 2. lnput from the County Attorney's Office noted the creation of the existing building envelope by the approved subdivision plat. 3. While the County does not regulate private covenants, the Applicant has represented that they have completed design review for the Ranch at Roaring Fork and obtained approval from the Homeowners Association. 4. Grading and drainage plans shall be required at the time of building permit in accordance with Building Department requirements. 5. The Applicant shall be required to contact the County Vegetation Manager to coordinate re-vegetation and weed control efforts. VII. SUGGESTED FINDINGS The following suggested findings support an approval of the requested Flood Plain Development Permit. 1. That proper public notice was provided as required for the Director's Decision, including a determination of substantial compliance regarding notice to mineral rights owners. 6 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons the proposed Waiver from the Water Body Setback consistent with the approved building envelope for the Tolan Tiscornia Property, Lot 6 of the Elder Amended Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, including the Section 4-118 (C) Review Criteria for a Waiver of Standards. VIII. RECOMMENDATION Staff supports a Director Decision approving the Tolan Tiscornia Application for a Waiver from Section 4-203 Water Body Setback on Lot 6 of the Elder Amended Plat, based on the finding and subject to the following conditions: 1. That all representations made by the Applicant in the application, including the site plan for development of the proposed single family residence shall be conditions of approval unless specifically altered by the conditions of approval. 2. That the Applicant shall comply with all applicable regulations including FEMA and Army Corp of Engineers Regulations, and all existing permits and approvals including the Flood Plain Development Permit approved by Resolution No. 92-109 and all Army Corp of Engineering permits, approvals, and conditions applicable to the proposed development. 3. That the Applicant shall comply with the following conditions: a. All structures shall be contained within the building envelope designated on the approved subdivision plat for the Elder Amended Plat, recorded at Reception No. 476659. Site disturbance outside the building envelope shall not impact any areas of wetlands and shall be revegetated after construction. b. The wetlands boundary shall be protected by temporary fencing located between the wetlands and the building envelope. The Applicant shall provide ongoing monitoring of the site and fencing during construction and shall mitigate for any observed impacts outside the building envelope. 7 c. The Applicant shall utilize silt fencing or similar methods to protect the wetlands from soil erosion and sedimentation. d. The Applicant shall utilize a foundation detailthat reduces site impacts and minimizes impacts adjacent to the edge of the building envelope generally consistent with the Applicant's proposal. 4. During the construction period and prior to certificate of occupancy, the Applicant shall contact the County Vegetation Manager, Steve Anthony and comply with requirements for weed management and re-vegetation as necessary on the site. 8 VIEWS OF THE SITE (stacking generally reflects area of the Building Envelope 9 10 EXHIBIT bbôo6 Glenn Hartmann From: Sent: To: Subject: Morse, W Travis CIV USARMY CESPK (USA) <w.travis.morse@usace.army Friday, July 05, 2019 2:20 PM Glenn Hartmann IExternal] RE: Tolan Tiscornia Waiver Request l> HiGlenn, The Corps has no comment if the proposal does not involve impacts to wetlands or other jurisdictional waters of the U.S Sincerely, Travis Morse Senior Project Manager Colorado West Sect¡on U.S. Army Corps of Engineers 400 Rood Avenue, Room224 Grand Junction, Colorado 81501 (97 O1 243-1199 ext. 1014 Please provide us with your feedback by filling out a customer survey at https://urldefense.proofpoint.com/v2/url?u=http-34-corpsma pu.usace.a rmy. mil-cm-5Fapex-f-3 Fp-3Dregulatory- 5 Fsu rvey&d= Dwl FAg&c=euGZstcaTDl lvim E N8 bTjXrwqOf- vSA_CdpgnVfiiMM&r=5SbK_O5Hl-.lelqjeYQmYYcg45dlj2YRehkCgiQs6afFik&m=-iPrbqR6maeAfKHlYofgLTeowzu-8o6KcFz kBaQzca k&s= U q3 U l p BEg3 bSpG I F0Lbg LTwVXxaTJA-P3 u6ye KGcLLA&e= For more information about our program, you can visit our website at https://urldefense.proofpoint.com/v2/url?u=http- 3A www.spk.usace.army.mil_Missions_Regulatory.aspx&d=DwlFAg&c=euGZstcaTDllvimENSbTjXrwqOf- v5A_CdpgnVfiiM M&r=55bK_O5HHelqjeYQmYYcg45dlj2YRehkCgiQs6afFik&m=_iPrbqR6maeAfKHLYofgLTeowzu-8o6KcFz kBaQzca k&s= EwWblh N5wZe DtugBbFRhAfYZqSTEYl-8-hJ pL8 LZbZY&e= pleasenote:Ourout-of-officenotificationhasbeendisabled. Aslmaybeoutoftheoffice,pleaseallowthree-business days for a response before calling the main office for assistance at97O-243-1t99. -----Origina I Message----- From : G lenn Ha rtmann Ima ilto:gha rtmann @ga rfield-county.com] Sent: Friday, July 5, 20L9 2:1.5 PM To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; scott.hoyer@state.co.us; Taylor Elm - DNR <taylor.elm@state.co.us>; Morse, W Travis CtV USARMY CESPK (USA)<https://urldefense.proofpoint.cam/vL/url?u=http-3A-w.travis.morse- 40usace.a rmy.m i l&d=Dwl FAg&c=e uGZstcaTDl lvi m E NSbTjXrwqOf- vSA_CdpgnVfiiM M&r=5SbK_O5HHelqjeYQmYYcg4Sdlj2YRehkCgiQs6afFik&m=-iPrbqR6maeAfKHLYofgLTeowzu-8o6KcFz kBaQzca k&s=XM-J Lvqj l5G Rn h3 M LAK-QTB N qjOgfDP4H e9JGAHadfE&e=> Subject: [Non-DoD Source] FW: Tolan Tiscornia Waiver Request 1 REFERRAL AGENCIES: EXHIBIT 7 Dr¡u( 85O PAGr515 Th¿i the hearing befo¡e the Board of county commissionefs was ¡xte1s{e anf complete, thaf all pqrtinent facts, matters and issues were submìtted and that all inlerested partieò were hearcl at that hearing. 3. That fhe application is in comptiance wilh the Garfield County Zontng Resoiution of I978, as amended. 4- For tbê above stated and other reasons, the proposed use is fui the best interest of the health, safety, morals, convenience; order, prosperity and welfare of the citizens of Garfîeld CountY. NOV/, THEREFORE, BE iT RESOLVED by the Board of Counly Commissiòners of Garfield County, Colorado, that the Special UsePermilbe and hereby isauthorized permitting to allow lorthe placement of frli & compensatory mea$rqç witþin the regulated fìoodplain, upon the following specilic conditions: AI1 proposais of the applicant shall be considered conditions of apploval unless stated otherwise by the Board of County Commissioners. All required buüdìng permits wili be obtained, Elevation certificates wül be requ{ed to ensure Lhat all structures will be located at leasl one (i) foot âbove the.floodplain line inrJicated on üe bluelines subrnitted with the application' 3. Driveways ancl.roads'wili conform to Garfield Counly Roatl Staldatdl. 4. Lot 11 ('Elder Lór') will appear or rhe Final Plat. A pìat note will be:included, as follows: "T-ot 1l is cpnsid"tt¿ unbttildable, subject to'Arrriy Corp-s of Engineers 404 permit and conformance,with Garfield County Floodplain Regulsfi6n,s, âs aniendedi'. A Subd.ivision lmprovements Agreement and appropriaie security will be required prior to approval of the'Fi¡al Piat. : Fisherman easements and ulility easements will appear on the Final Plat. Dated this'¿Þ!- day of A.D, ß .9? ATTEST:GARFIELD COUNTY BOARÐ OF COMMISSIONERS, GARFIETD COI]NTY, COLORADO 2iç'. 2.. 2. dçaln 3å\- r-\ftr 5. 6 of the'Boâ¡d' , Chairman Pro fem Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: AI,É Aye Aye Abgent¡tr,nold L -üacklev ian I-snit.h srATE OF COLORADO ) )ss County of Garfield ) r , County Clerk and ex:oflrcio Clerk of the Board of County Commissioners in an¿ for tná County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truþ copied lrom the Records^of the Procæding of the Board of County Co**istiooers lor saicl Garfield County, now in my office' INV/ITNESS \¡VT{EREOF, I have hereunto set my haad and afÏïxed tfie seal of said county' al Glenwood Springs" this -- day of ' A'D' 19-' County Clerk and ex-officio Clerk of the Board of Counly Commissioners EXHIBITt!.oôg MANAGER APPROVAT "m¡nor chonge" --- Monoger opproves os submilled. -._*-- Monoger opproves wilh the fotlowing condilions: - Monoger declines opprovol for lhe following reoson{s}: - -- lnsufficieni deiail Provided -- DescripTion of work is not clecr -'.-'.'- Does noi cornply wilh Associclions Governing Docurnenls becouse: Monoger Signo NECOMMENDATION & DECISION All opprovols ore subject lo the Owner': Acknowledgement ond Agreemenas in the this Applicot¡on ond to oll provisions of oll Governing Ðocumenls os defìned ìn the Associotion's Archilecturo! Guidelines cnd Procedures lAmended ond Resloied Remodel or New Construction: Change ¡n Property Applicât¡on 4 ð COMMITfËE NDATION Committee recommends os submitled Commillee recommerlds wilh the followìng condilions: Commillee recornmends ogoinsl for lhe following reoson{s): -. --- - lnsufficienl deloilprovided .-- DescriPtion of work is nol cleor ,_*-. Does nol comply wilh ASSoCiOlic¡ns Governing Documents becouse AAC Represenlofive BOAND DECISION "l;-- Boord oPproves os submiited. -BoordapproveswilhCommiltee.srecommendedconditicrns.. __ BoorO opproves wilh lhe following odditionolor chonged condilions tive Si (l IBoord -* Boord does nol qBprove for lhe the Commiltee ond/or the tollowing