HomeMy WebLinkAbout1.0 Application - Staff Report BOCC 07.18.16Board of County Commissioners - Public Meeting Exhibits - July 18, 2016
Vagneur Minor Subdivision - Request for Extension
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A Garfield Countv Land Use and Development Code
B Request Letter and Application form dated July 8, 2016
C Resolution 2016-05
D Staff Memo
E Draft Resolution
F
G
H
I
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Douglas Pratte <landstudio2@comcast.net>From:
Sent:
To:
Cc:
Subject:
Dear Kathy:
Friday, July 08, 2016 11:03 AM
Kathy A. Eastley
Ken RANSFORD; Lois and Wayne Vagneur
Re: Expiration
Per the email discussion below, on July 9, 2016, 180 days will have passed since the 6 month extension was granted lor the approval
ol the Vagneur Minor Subdivision per resolution 2015-12. Lois and Wayne Vagneur request a 60 day extension to complete the
conditions of approval lor their Minor Subdivision. ln particular, all of the conditions have been met except that the mortgage company
currently has the Vagneur Minor Plat Subdivision mylar at their office for signature. Once the mylar is signed and retumed by the
mortgage company, it will be submitted to Garfield County immediately for BOCG signature and recording. Thank you for your
assistance in this matter and please call or email with any discussion.
Best regards,
Doug
Douglas Pratte, ASLA
The Land Studio,Inc.
365 River Bend Way
Glenwood Springs, Colorado 81601
(97O) 927-3690 Office
(970)948-6033 Mobile
(97O) 230-9087 Fax
landstudio2 @comcast.net
www.thelandstudio. com
On Jun 1,2016, at 8:21 AM, lmvag@comcast.net wrote:
From: "Kathy A. Eastley" <keastley@ garfield-county.com>
To: lmvag@comcast.net
Sent: Tuesday, May 31, 2016 2:55:23 PM
Subject: Expiration
Lois,
The approval is valid for 180 days which by my count is 5 months. I generally use this in calculating the
expiration.
You are correct that the expiration is July 9th when you literally count the 180 days. This means that the
Board must sign the plat no later than July 5th in order to meet this deadline. My deadline to put a plat
on the agenda on July Sth is June 27th. Therefore you must have all signed documents to me by noon on
Monday June 27th, 2016. These include the signed mylar - owners, mortgagees, treasurer, title
company and surveyor, and the signed covenants. Recording fees will also be due at that time.
Please let me know that you understand these deadlines and are able to comply. Thank you.
Kothy Eostley, ATCP
Senior Plonner
Oarfield County Community Development
108 8th Slreet, #4Ot
Glenwood Springs, CO 8t60l
Phone: 97O-945-t377 e><t. l58O
Fox: 97O-38444tO
keost ley@gorf i eld-lountv.com
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DIVISIONS OF IAND
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VAGNEUR MIIIOR SUBDIVISION LEGAL DESCRIPTION
lL!!gE_L oF UND StruATED rN LOTS e, 17 AlrD ,s tN sEcTloN 32, TOWNSH|P ,souH, Rff{cE E? l,tEsT OF IHE 6IH p.U. t-Vrue sourHERLirii rxe
SOUIHERLY RIGHT OF WAY LINE OF STATE XreHWEV NO.' ArEIrb TTONUCNT.V
OF THE SOI'THERLY LINE OF SAID LOT 17 SAID PENCTI OirAIiii rS DESCRtsED
AS FOLLOWS:
BEGINNING AT A PONT ON THE SOI,IHERLY RIGHT OF WAY LINE OF SAID
t{r$m,Ay No. g2 w{ENcE THE sot rHElsr coRNER oF sedfrorr $ N sAD
TOWt{sHlP tND RANGE BEARS s85. 1il2TE00I3.O9 FEE[;
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IHENCE S1 7'{7OOTII 60.S2 FEET;
THENCE S61.5i"00'E 276.{0 FEET;
IHENCE S0t.53'00t1{1.07 FEEI;
THENCT S01"1/(I()TV 1I9O3(} FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
LOT 17;
IITENCE SOO!6SI6TU 693.S9 FEET ALONG THE SO.ITHERLY
LFIEOFSAD LOT 17:
IIIEI.ICE N(IINI}IPE 1601.06 FEET TO A POINT ON IHE SOUIHERLY RIGHT OF
WAYLINEOF SNO HGTilVAY;
ITIENCE S72'1d33'E 128.37 FEET ALONG IHE SOI,ITHERLY RTOHT OF WAY LINE
oFsAtDHtGltwAY;
THENCE S72'OT()OI 21,{,6N FEET ATONG IHE SOI'THERLY RrcHr OF WAY LINEg[!4q!qfwAY To rHEpotNr oF BEG|NNTNG coNrilNNG 22.s65 ACRES,
['PREORLESS.
PAGE A3
A7ltL/2ALE L2227 89705105344 LOlSVAGNEUR PAGE 84
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EXHIBITc
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STATE OF COLORADO
County of Garfield
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At a rogular mecting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday the I 16 of January A.D. 2016, therc wcrc present:
JohnMartin . Commissioner Chairman
MikeSamson , Commissioner
TomJankovskv . Commissioner
Kevin Batcheldcr . County Manager
Tari Williams *County Attorney
IGllv Cave , Assistant County Anorney
Jean Albcrico . Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
Rrsor,rmoNNo. &otL-05
A RESOLUTION APPROVING .AN AIVIENDMENT TO TEE VAGNEUR MINOR
ST'BDTVISION. TIIE AMEMDMENT ALLOWS tr'OR INDWIDUAL V[E[,IS, RATIIER
THAN A SHARED WELL, TO SERVE THREE LOTS ON A 22.65-ACRE PARCEL OF
LAIYD OWNED BY WAYNE AND LOIS VA,GI\ETJR. TIIE SITE IS LOCATED AT 60
FLYING r.lSH T"ANE APPROXIIT4ATELY 0.5 MILES 1VEST OF THE GARFIELD
couNTv/EAGLE OOUNTY LrNE ON THE SOUrU SrrlE Or oLD rlrclrwAy s4
GAREIELD COTINTY
PARCEL NO# 239 t -i24.N-0 I s
Recitals.
A. Atr application for an amendment to a conditionally approved Minor Subdivision
applicati-on,-Resolution 2OL5-12, was submitted for I property aescribea in a Warranty Deed
recorded at Reception Number 394389 in the ofEce of the Garfield Coutty Clerk and Recordcr
(the Vagneur Parcct).
B. Thc Board of County Commissioners (the Board) is authorized to approvg dcny or
approve with conditions a Major Modification to an approved Minor Subdivision prrsuant to rhe
2013 knd U"se and Development Code, as amended (LIIDC).
C. A public hearing was schcduled bcfore the Board pursuant to Section +106 of the
LT'DC.
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Eeccof,lon*: A7Z43S01ltlt2o16 06:D7:44 Fl-l Jren RlberIc6t ;i-a-iii Fco:3O.m Ooo Fee:0.00 GnRFIELD GoUHTY CO
D. The Board opened a public hearing on the t te day of fanuarS 2016 forconsideration
of whether to approve, approve with conditions or deny the request to amend the Minor
Subdivision, based upon compliance of Orc proposal with the applicable standards and criteria
required by the LLTDC. Tbe public and interisted persons were given the opportunity to cxpress
their opinions rcgarding the request at this hearing.
E. The Board closed the public hearing on the t 16 day of January, 2016 to make a
final decision.
F. The Board on the basis of substantial competent evidence produced at the
aforcmcntioned hearing, has made the following determinatiois of faer
l. That properpublic notice was provided as required for thc hearing bcfore the Board
of County Commissioners.
2. That the hearing before the Boad of County Commissionerc was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That for thc above stated and other reasotrs, and upon compliance with conditions
of approval, ths request to amend thc Minor Subdivision of the Vagncur Parccl is in
the best interest of the health, safetn convenience, order, prosperity and welfare of the
citizeqs of Garfield County.
4. That, upon compliance with adopted conditions of approval, the application is ia
general conformance with the 2030 Comprehensive Plan, as amended.
5. that, utrnn compliance with adopted conditions of approval, the application has
adequately met the requirements of the Garfield County 2013 Land Use and
Development Code, as amcnded.
RESOLUTTON
NOW TffiREFORE, BE IT RESOLVED by the Board of Counry Commissioners of Garfield
County, Colorado, that:
.d The foryoing Recitats are incorporated by this refercnce as part of the resolution.
B, This approval supersedes and replaces the prior approval granted by Resotuti on20l5-Zl
in its entirety.
C. Ihe Minor Subdivision of the Vagneur Parcel and Amendment to tho Minor Subdivision
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of the Vagneur Parcel is hereby approved subject to compliance wittr the following
conditions:
1. All rcpresentations of the applicant within the application and public
considercd conditions of approval unlcss otherwise modified by the
Commissioners.
hearing shall be
Board of County
2.
3.
No furthcr subdivision of these parcels is permitted by Minor Subdivision applicarion
Prior to BOCC signature on the PIat the Applicant shall provide Fee In-Lieu of School Land
Dedication in the amount of $1,1M.33 made payable to the Garfield County Trealrurer.
The Applicant has 180 days from the date of 0ris approval to provide the following
documentation for BOCC signature and recordation:
a. A plat mylar wittr signed Certificates that include Dedication and Ownership, Title, Totes,
Surveyor, and any mortgagoes and lienholders;
b. Executed Covenants, Conditions and Resuictions approved by tbe County Attomey's
ofrrce;
c. Recording Fees for the plat and required documentation;
d. lVater quantity testing, analysis and reports For Lots I and 3, performed by a professional
engineer or hydrologist pursuant to Section 4-203 M. of the LUDC, to demonstrate that a
sufficient physical water supply is available to serve the proposed lots; and
e. Watcr quality tcsting, for Ints I and 3, by an indepcndent testing laboratory, pursuant !o
Section +2O3 M. of the LUDC, sufficient to demonstrate that the water quality meets rhe
minimum Colorado Primary Drinking Water Standards or a sufficient reatment system is
in placc to assufe compliancc with the miuimum standards.
Concctions to the plat as itemized in the staffreview attached as Exhibit G.
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ATTEST;
of the Board
Upon motion duly made and seconded the
following vote:
BOARD OF
GARFIELD
adopted by the
STATE OFCOLORADO
Counry of Garfield
County Clerk and Ex-officio Clerk of the Board of
County Commisioners, in and for the County and State aforesaid, do hereby certify that the
annexed and forcgoing Resolution is truly copied from the Records of the Proceeding of ttre Board
of County Commissioners for said Garfield County, now in my office.
IN WTINESS WHEREOR I have hereunto set my hand and affxed the seal of said
eounty, at Glenwood Springs, this _ day of A.D.20_.
County Clcrk and ex-officio Clerk of the Board of County Comrnissioncrs
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4
REQUEST
APPLICANT / OWNER
REPRESENTIATIVE
LOCATION
SITE DATA
EXISTING ZONING
BOCC July 18,2016
Vagneur Minor Subdivision - Extension
MEMORANDUM
Extension to the 180-day timeframe to
conditions of approval and record the plat for the
Vagneur Minor Subdivision Amendment
Wayne and Lois Vagneur
Doug Pratte, The Land Studio
South side of Old Highw ay S2approximately .5
miles west of the Eagle County/Gadield County
border
22.65-acres
Rural
I. REQUEST
Wayne and Lois Vagneur requests the Board of County Commissioners (the Board) grant
a sixty-day extension to the 180-day timeframe to record the final plat as required by the
Board in Resolution 2016-05 and Section 4-101 H.(3) of the Garfield County Land Use
and Development Code, as amended (LUDC). The 180-day timeframe expired on July
10,2016.
Section 4-101 !. (1.) of the LUDC allows an Applicant to request extension of a
Conditional Approva! upon demonstrating the reasons why the conditions have not met
and estimating the timeframe necessary for completion. The Applicants are requested a
sixty-day extension, until September 8, 2016, in order to obtain signatures from the
Iienholder.
II. BACKGROUND
The Board granted conditional approval for the minor subdivision of the site into three
parcels at a public hearing on Tuesday, February 17, 2015, and a resolution (201 5-12)
was subsequently recorded. An amendment to the Minor Subdivision was approved on
January 11,2016 at which time condition number 4. of Resolution 2016-05 states;
4. Ite Appticapt has 180 days from thp datc of this approval to providc thc following
dosrurnution for BOCt signaturc and recprdation:
The information to be submitted pursuant to the conditions included a mylar signed by the
appropriate agencies for Board approva!. The Applicant is awaiting return of the mylar
from a mortgage company who is a signatory on the plat.
l lPage
BOCC July 18, 2016
Vagneur Minor Subdivision - Extension
III. AUTHORITY
Section 4-101
t. Extension of Conditional Approva!.
It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the
expiration of a conditional approval, however, the Applicant may request an extension of
the expiration date as follows:
1.Supporting Documentation. Application shall be made to the decision
maker that issued the original approval and shall include a written
explanation of the reasons why the conditions have not been met and the
estimated timeframe in which the conditions will be met or completed.
First Extension.
Extensions of 1 year may be granted for all conditional Land Use
Change approvals, and Subdivision or Conservation Subdivision
Preliminary Plan approvals.
Exemptions and Final Plat approvals may be extended by a period
of 90 days.
Additional Extensions. Requests for longer periods of time, or additional
time extensions following the first extension, shall be made to the decision
maker that issued the original approval, prior to the expiration of the current
approval.
New Application Required. lf an Applicant fails to timely request an
extension as set forth in section 4-101.1., the approval wil! be void and the
Applicant must submit a new application for the desired Land Use Change
or division of land approval notwithstanding the foregoing, the BOCC may
grant an extension of an otherwise expired approval upon a finding by the
BOCC that the failure to file for an extension was due to extenuating
circumstances and that it benefits the public interest to grant the extension.
IV. BOARD CONSIDERATION
The Board may consider an extension to the timeframe to satisfy conditions of approva!
and record the fina! plat for the Vagneur Minor Subdivision Amendment. Should the
Board approve this request a Draft Resolution with a sixty-day extension to September 8,
2016 is included as Exhibit E.
b.
2lP a ge
EXHIBlTfE
STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Garfield County Administration Building, 108 8ft Street, Glenwood
Springs on Monday, the 1Sft day of July,2}l6,there were present:
John Martin , Commissioner Chairman
Mike Samson Commissioner
Tom Jankovskv . Commissioner
Kevin Batchelder County Manager
TariWilliams , County Attorney
Kellv Cave , Assistant County Attorney
. Clerk of the Board
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Jean Alberico
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.
A RESOLUTION TO GRANT A SD(TY-DAY TIME EXTENSION TO THE
APPROVAL OF TIIE VAGNEUR MINOR SUBDTVISION AMENDMENT TO
SATISFY CONDITIONS OF APPROVAL AND RECORDING OF THE FINAL PLAT.
THE SITE IS LOCATED APPROXMATELY .5 MILES WEST OF THE EAGLE
COUNTY/GARFIELD COUNTY LINE IN TTM SOUTHEASTERN PORTION OF
GARFIELD COUNTY
PARCEL NO. 239 l -324-O0-Ol5
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorizedto act.
B. On 18m day of July, 2016, the Board considered whether a request a sixty-day
extension the 180-day timeframe in which the Applicant is required to satisfy conditions of
approval and record a final plat should be granted, glanted with conditions, or denied at
which meeting the public and interested persons were given the opportunity to express their
opinions regarding the issuance of said extension.
C. The Board of County acted on the basis of substantial competent evidence
produced at the aforementioned meeting.
D. The request for the Minor Subdivision Amendment of the 22.65-acre site was
approved by the Board on the 1lth day of January,2016 and memorialized in Resolution
No. 2016-05 for real property owned by Wayne and [,ois Vagneur as described in the
records of the Clerk and Recorder, Garfield County, Colorado.
E. In accordance with Condition number 4. of Resolution 2016-05 and the 2013
Garfield County Land Use and Development Code; as amended (LUDC) the Applicant
was required to satisfy conditions of approval and record the Final Plat mylar prior to
July 10,2016.
F. In accordance with the LUDC the Applicant filed a request for a sixty-day
extension of the timeframe for the Vagneur Minor Subdivision.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of the timeframe to satisfy conditions of approval and
record a final plat is consistent with the requirements of the LUDC.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The granting of a sixty-day extension to satisfy conditions of approval and record
a final plat for the Vagneur Minor Subdivision Amendment is in the best interest
of the health, safety and welfare of the citizens of Garfield County.
E. A motion was made to approve the requested sixty-day extension to satisfy
conditions of approval until September 8, 2016. The motion was approved by a
vote of 3-0.
Dated this _ day of _, A.D. 2016.
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Clerk of the Board Date Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
John Martin , AyeA.{ay
Mike Samson , AyeA.{ay
Tom -Iankovskv , Aye/l.{ay
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of , A.D. 2016.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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