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HomeMy WebLinkAbout4.0 Director's DeterminationGaffield Coulnty June 25,202L Neil Goluba Goluba & Goluba 823 Cooper Ave Box 931 Glenwood Springs, Colorado 81602 DTRECTOR DETERMINATION - Robinson Minor Subdivision File No. MISA-01-21-8825 Dear Mr. Goluba, This letter is provided to you, as the representative for Garfield County File No. M15A-0L-2L-8825 pertaining to the Robinson Minor Subdivision. This letter is notification that your request to divide a 44 acre parcel into a 2I acre lot and a 23 acre lot, known by Assessor's parcel Number Accessor's Parcels #2127-253-00-068 and located at the intersection of CR 237 and CR 250 Silt, CO has been reviewed in accordance with the Administrative Review procedures contained in the Land Use and Development Code as amended. Said provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is based on the following findings: L. That proper public notice was provided as required for the Director's Decision. 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 an opportunity to provide input prior to the Director's decision. 3. That for the above stated and other reasons, the proposed amended plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. I 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the granting of waivers (Section 5-301.C. 8.; Section 7-LO7; Section 7-207.F.I.; Section 5-301.1.. parts), adoption of conditions and forthe above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. The Director's Decision is hereby issued approving the Minor Subdivision Application subject to the following conditions: 1. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. Prior to BOCC signature on the Plat, the Applicant shall provide up-to-date pump tests for both the existing water well, Permit #316448, on Lot l- and the new well, Permit #8501-9- F to be constructed on Lot 2 that meet the standards in Section 4-203(MXlXbXsXa). The pump tests shall include representation by a qualified professional that the pump rates for the well is adequate for the proposed uses. 3. Prior to BOCC signature on the Plat, the Applicant shall provide up-to-date water quality tests for both the existing water well, Permit #3L6448, on Lot 1 and the new well, Permit #85019-F to be constructed on Lot 2 that meet the standards in Section 4- 203(MXlXbXsXc). The water quality tests shall include representations by a qualified professional that the water quality for the well meets the County's primary drinking standards. 4. Prior to BOCC signature on the Plat, the Applicant shall demonstrate compliance to Section 7-2OLE.5 which requires that ditches shall have maintenance easements indicated and the Applicant shall provide a letter from ditch owners accepting that the development will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. 5. Prior to the BOCC signature on the Plat the Applicant shall pay applicable current Garfield County taxes. 6. Prior to the BOCC signature on the Plat the Applicant shall pay applicable School Land Dedication Fees in compliance with Section 7-404.C. LUDC. 7. The Plat shall be revised according to the following and be subject to final review and approval by County Staff, including Garfield County Attorney's Office and Garfield County Surveyor, prior to submittal of the Mylar plat for final execution, BOCC signature and recording. 2 a. Add a plat note that states: A geotechnical investigation shall be required for all future improvements requiring a grading permit or building permit to include but are not necessarily limited to: . Hydrocompaction (collapse, compression, or consolidation in response to wetting), . Soils that are highly corrosive to uncoated steel, and . Expansive soils and bedrock. Clayey pockets and lenses within the surficial soils, and claystone layers within the underlying bedrock (Molina Member of the Wasatch Formation) may be expansive, exhibiting potentially damaging volume changes in response to changes in water content. b. Add a plat note that states: 'Lot owners shall maintain compliance with all existing Division of Water Resources well permits and conditions contained therein and compliance with any Division of Water Resources requirements for updating, amending, or reissuing permits serving the properties.' c. Add a purpose statement to the plat. d. Add a plat note that states: "Upgrades to Xcel Energy's gas infrastructure may be necessary to support added loads from these lots. These upgrades will be at the customers expense prior to installation. Customers should contact Xcel Energy for details." 8. Once all conditions of approval have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party and the Treasurers Certificate of Taxes Paid signatures prior to scheduling for a future available commissioner meeting. 9. The Applicant has 90 days within which to satisfy conditions of approval (subject to extensions authorized by Directors Decision) and provide the following documentation for BOCC signature and recordation: a. A plat Mylar with signed Certificates that include Dedication, Ownership, Title, Taxes, Applicant's Surveyor, Lienholders and any mortgagees. b. Recording fees. The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the Director's Decision. The Board review is for a period of L0 calendar days commencing on the date of thê Director's Decision. The call-up period shall expire on July sth,2027. Once the call-up period has passed with no request for review or public hearing and provided all relevant conditions of approval have been resolved, the Subdivision Plat may be recorded. Pursuant to the Land Use and Development Code, the Applicant has 90 days from the date of the Director's Decision to satisfy all conditions of approval or request an extension. Feel free to contact Vince Hooper, the staff planner, if you have any questions regarding this decision. J Since D¡ Atta ment r, AICP of Community Development Cc:BOCC File 4 Exhibit A Robinson Minor Subdivision Staff Report 5