HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
SUBDIVISION APPLICATION
(CHECK THE BOX THAT APPLIES)
❑ SKETCH PLAN (optional)
❑ CONSERVATION SUBDIVISION
❑ PRELIMINARY PLAN
PRELIMINARY PLAN AMENDMENT
❑ FINAL PLAT
❑ FINAL PLAT AMENDMENT / CORRECTION PLAT
❑ COMBINED PRELIMINARY PLAN & FINAL PLAT
GENERAL INFORMATION (Please print legibly)
• Name of Property Owner: Ge -Ona,' 4.,...,2 si..46. izaNC-t
• Mailing Address: 7 0. 73o1C '66$ Telephone: (576) 6's' oil
• City: Sit -4 State: CO Zip Code: % (4 5'2, Cell: ( )
• E-mail address: S4ro ".5 e,S•> fr %s•".4 FAX: ( )
• Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
y(- •rZl c /44 `--6 4F e02-1- Y /Co PASS i1'tdu,.,-r LI--', Us CI L. LC..
• Mailing Address: 70 •`B5 x SC, Telephone: (5,10) CIS, a S3 -7
• City: CrtwS State: C,) Zip Code: %/6o2 -Cell: ( )
• E-mail address: Csa.+••paise S.oe r•s ---41%-- FAX: ( )
• Location of Property: Section SW 71 41-1 Township -73 Range (214 6 IA/
• Assessor's Parcel Number: Z C) Q- 'L- 7 3-00-04 Z
• Practical Location / Address of Property:
70 COLA t•-•^1' Y ci2e.s. 300 , 2, vb c-s{c..-r b
• Current Size of Property to be Subdivided (in acres): / 7. S -ric A C
> Number of Tracts / Lots Created within the Proposed Subdivision: '
Last Revised 12/24/08
3. Final Plat, Amended Final Plat
4. Subdivision Improvement Agreement, if necessary
The Director may allow the Preliminary Plan and the Final Plat process to be combined if
the proposed subdivision has seven (7) parcels or Tess and development of the lots does
not require extensive engineering. (Section 5-303) No submittal of a combined application
shall be allowed until the Director has made a determination after holding a pre -application
conference.
I have read the state ents above and have provided the required attached information
which is corre• ; accurate to the best of my knowledge.
(Signatur.!o '' roperty Owner)
8
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-09, has established a fee structure ("Base Fee") for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights -of -Way
Sketch Plan
Preliminary Plan / Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction Plat
Combined Preliminary Plan and Final Plat
Minor Exemption / Amendment
Major Exemption / Amendment
Rural Land Development Option Exemption / Amendment
General Administrative Permit
Floodplain Development Permit
Pipeline Development Plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited Impact Review / Amendment
Major Impact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (PUD) / Amendment
Comprehensive Plan Amendment
Variance
Interpretation
Takings Determination
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
• Planning Technician
• Secretary
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$100
$1,075
$300 / $300
$400 / $300
$400 / $300
$250
$400
$400 / $300
$50
$250
$400 / $300
$525 / $400
$300
$450
$500 / $300
$450
$250
$250
NO FEE
$50.50
$40.50
$33.75
$30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
$11 —1st page
Mylar Recording Fee
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and 66a'14-� A^'� �,i S" E; ''t.'-�,
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER happubmitted to COU IyT,Y an application for /H"wtv--7.+ "' r ` if -k^
Sc,•4, -u..-. `V - --� (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY 0
ER (OR AUTHORIZED REPRESENTATIVE)
Sig =tu e
Print Na ' e
Mailing Address:
f� � &27
5,' /7 w/o '/csL
ro7���
at
Page 4
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garl'ield-county.com
PRE -APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2409-273-00-002
DATE: August 28, 2009
APPLICANT'S PLANNER: Compass Mountain Land Use, LLC (Eric D. McCafferty)
OWNER: George Strong
LEGAL REPRESENTATIVE: Walt Brown
PRACTICAL LOCATION: 17.578 -parcel located in the SW Y of Section 27, Township 7
South, Range 96 West approximately 3 miles SW of Parachute on CR 300
TYPE OF APPLICATION: Preliminary Plan Amendment & Final Plat [Note, this pre -
application conference form will serve the joint purpose of discussing two separate
actions but combined into this one pre -application summary and can be used for both
submittals.]
I. GENERAL PROJECT DESCRIPTION
The Applicant, George Strong, has a Preliminary plan and Planned Unit Development
(PUD) approved by the Board of County Commissioners (BOCC) via Resolution 2009-09
to allow for the subdivision of the 17.6 acre parcel into 5 Tots to be used per uses
described in the PUD. The Applicants propose to amend the Preliminary Pian / PUD to
eliminate condition no. 11 and then to submit a Final Pat to the County.
Specifically, the Applicant wishes to amend the Preliminary Plan to eliminate the
following condition based on recent decisions made by the BOCC regarding the
improvements to be made at the intersection of CR300 and State Highway 6 and 24.
The condition requested to be eliminated is the following:
11. The Applicants must obtain a State Highway Access Permit for the
intersection of State Highway 6 & 24 and County Road 300. Upon adoption
of this condition, the Board of County Commissioners shall assign the
Applicants as designee to apply on behalf of Garfield County.
Pending the outcome of the request to eliminate this condition, the Applicant is poised
to submit a Final Plat for the Strong PP / PUD. (Attached to this pre -application form
are the motions made by the BOCC regarding CR 300 / State Highway 6 (Exhibit A) as
well as the Resolution 2009-09 (Exhibit B).
[The County Attorney's office also indicated that state statute still requires that
Counties cannot approve developments that do not have a state highway access
permit. This ultimate decision as to who (applicant or Garfield County) shall be the
entity to shoulder that responsibility. Ultimately, this will be a decision by the BOCC.1
Ii. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
(DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
The Garfield County Unified Land Use Resolution of 2008, as amended includes the
pertinent sections to address the two requests listed above.
Section 5-304 Amendments to an Approved Preliminary Plan. Any proposal to change
a preliminary plan approved under these Regulations shall require application to the
Director for Amendment of an Approved Preliminary Plan. The Director shall review the
application to determine whether the proposed change constitutes a substantial
modification to the approved plan.
A. Review Process
1. Pre -Application Conference. A Pre -Application Conference shall be held
in accordance with the provisions of Section 4-103 A, Pre -Application
Conference of Article 1V.
2. Application. The application materials required for Amendment of an
Approved Preliminary Plan are set forth in Section 5-501 H.
3. Determination of Completeness. The Director shall review the
application for determination of completeness in accordance with the
provisions of Section 4-103 C, Determination of Completeness of Article
IV.
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall evaluate the application to determine if
the proposed amendment constitutes substantial modification to the
approved preliminary plan and prepare a staff report pursuant to Section
4-103 E of Article IV.
2
5. Director Decision. Within thirty (30) working days of the date of
determination of completeness the Director shall make a determination
as to whether the proposed change constitutes a substantial modification
to the approved plan.
a. No Substantial Modification. If the Director determines that the
change does not constitute a substantial modification to the
approved plan, the Director shall approve the proposed
amendment to the preliminary plan.
b. Substantial Modification. If the Director determines that the
change constitutes a substantial modification, the preliminary
plan shall be considered a new application for preliminary plan
review.
[Note: the County Unified Land Use Resolution of 2008, as amended defines
"Substantial Modification" as the following as set out ion Article XVI:1
Substantial Change. A change to and existing approved kind use resulting in one
or more of the following.
1. A change in land use category.
2. A change in site design which increases
a. the number of dwelling units.
b. the maximum square footage of structures less than
10,000 sq. ft. over 100% and structures aver 10,000 sq.
ft. by 10%, if a maximum has been specified in a permit
or approval.
c. projected traffic such that a highway access permit or
an amendment to a highway access permit is required
as a result of the change
d. the size of the land which is the subject of the permit or
approval
3. A change in land use which creates or increases the
incompatibility of the use.
6. Written Notice of Decision. The Director shall inform the applicant and
affected property owners of the determination in writing within five (5)
working days of the date of decision. Notice of the Director's decision
shall also be provided to the Board of County Commissioners.
3
B. Reconsideration of Director's Decision or Call-up by Board of County
Commissioners.
1. Request by Applicant or Affected Property Owner for Reconsideration
of Decision. An applicant or adjacent property owner affected by the
decision may request reconsideration of the Director's decision by the
Board of County Commissioners. The aggrieved party may file a written
request within fourteen (14) calendar days of the date of written notice
of the decision by the Director. At the next regular meeting of the Board
of County Commissioners, the request for reconsideration will be
reviewed by the Board and the Board by majority vote must approve the
setting of a public hearing to reconsider.
a. Schedule Public Hearing. Public hearing by the Board of County
Commissioners shall be held within forty-five (45) calendar days
from receipt of the request for reconsideration.
b. Notice by Publication. At least thirty (30) calendar days prior to
the date of the scheduled public hearing before the Board of
County Commissioners, the aggrieved party shall have published a
notice of public hearing in a newspaper of general circulation in
the area that the proposed land use change is located.
c. Notice to Adjacent Property Owners. At least thirty (30) calendar
days prior to the date of the scheduled public hearing, the
aggrieved party shall send by certified mail, return receipt
requested, a written notice of the public hearing to the owners of
record of all adjacent property within a 200' radius. The notice
shall include a vicinity map, the property's legal description, a
short narrative describing the current zoning and proposed land
use change, and an announcement of the date, time and location
of the scheduled hearing.
d. Decision by Board. The Board shall conduct a hearing pursuant to
the provisions of Section 4-103 G, Conduct of Public Hearing. The
Board shall uphold the Director's decision, modify the decision, or
reverse the decision, based upon compliance of the proposed
land use change with the applicable approval standards set forth
in Article Vll, Standards.
4
2. Cali -up by Board. Within fourteen (14) calendar days after receipt of the
notice of decision, the Board may, at its discretion, decide to reconsider
the Director's decision at the next regularly scheduled meeting of the
Board for which proper notice of hearing can be accomplished.
a. Notice by Publication. At least thirty (30) calendar days prior to
the date of a scheduled public hearing before the Board of County
Commissioners, the Director shall have published a notice of
public hearing in a newspaper of general circulation in the area
that the proposed land use change is located.
b. Notice to Adjacent Property Owners. At least thirty (30) calendar
days prior to the date of the scheduled public hearing, the
Director shall send by certified mail, return receipt requested, a
written notice of the public hearing to the owners of record of all
adjacent property within a 200' radius. The notice shall include a
vicinity map, the property's legal description, a short narrative
describing the current zoning and proposed land use change, and
an announcement of the date, time and location of the scheduled
hearing.
c. Decision by Board. The Board shall conduct a hearing pursuant to
the provisions of Section 4-103 G, Conduct of Public Hearing. The
Board shall uphold the Director's decision, modify the decision, or
reverse the decision based upon compliance of the proposed land
use change with the applicable approval standards set forth in
Article V11, Standards.
Section 5-305 Final Plat Review. Unless otherwise provided by these
Regulations, the applicant must receive preliminary plan approval before beginning the
final plat process.
A. Review Process
1. Application. The application materials required for final plat review are
set forth in Section 5-501 E.
2. Determination of Completeness. The Director shall review the
application for determination of completeness in accordance with the
provisions of Section 4-103 C, Determination of Completeness of Article
1V.
3. Schedule Review by Board of County Commissioners. Upon a
determination of completeness, the Director shall schedule the
application for review by the Board of County Commissioners.
a. The Board of County Commissioners shall consider the final plat at
a regularly scheduled public meeting to be held within forty-five
(45) calendar days of the date of determination of completeness.
Final Plat approval does not require a public hearing.
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the final plat for compliance with
the conditions set forth in Section 5-305 C, Conditions for Final Plat
Approval, and prepare a staff report pursuant to Section 4-103 E of
Article IV.
5. Review and Action by the Board of County Commissioners.
a. Decision by Board. The Board of County Commissioners shall
approve, approve with conditions or deny the application based
upon compliance with the conditions in Section 5-305 C,
Conditions for Final Plat Approval
(2) Approval of Application. If the application satisfies all of
the conditions, the application shall be approved. The
application may be approved with conditions determined
necessary for compliance with applicable standards.
(2) Denial of Application. If the application fails to satisfy any
one of the conditions, the application shall be denied.
b. Submittal of Final Plat for Signature by Board. The approved Final Plat shall
be submitted to the Board for signature within one hundred twenty (120)
calendar days from the date of approval of the final plat. All conditions of
approval shall be met prior to submitting the plat for signature by the Board
of County Commissioners.
B. Conditions for Final Plat Approval
1. Compliance with Preliminary Plan Approval. The final plat complies with all
conditions of preliminary plan approval.
2. Adequacy of Supporting Materials. The final plat meets all planning, engineering,
and surveying requirements of these Regulations for maps, data, surveys, analyses,
studies, reports, plans, designs, documents, and other supporting materials.
6
3. Liens and Encumbrances. The final plat does not include a lien, conveyance, or
encumbrance to the property dividing a lot.
4. Taxes. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
C. Recordation. The Final Plat shall be recorded within thirty (30) calendar days from the date
of signature by the Board of County Commissioners.
1. Completion of Conditions of Approval. The applicant must complete all conditions
of final plat approval prior to recording the plat and associated documents.
2. Approval of Improvements Agreement. The final plat shall not be filed for recording
until the Board has approved an Improvements Agreement.
3. Effective Upon Recording. The plat does not become effective until it is properly
filed for recording with the County Clerk and Recorder.
4. Public Sale of Lots. A subdivision becomes complete and eligible for public sale of
Tots and development only after the plat and associated documents are recorded.
III. Submittal Materials
> Preliminary Plan Amendment, as can be found in Section 5-501(H) requires the following
materials.
1. Application Form
2. Written Statement of proposed amendment(s)
3. Supporting documents necessary to evaluate the proposed revision(s)
Final Plat, as can be found in Section 5-501(E), requires the following materials in addition
to responding to the specific conditions of approval required in Resolution 2009-09.
1. Application Form and Fee
2. Vicinity Map 4-502(C)(2)
3. Final Plat
4. Final Engineering Reports and Plans
a. Streets, trails, walkways and bikeways
b. Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c. Mitigation of geologic hazards
d. Sewage collection, and water supply and distribution system
e. Soil suitability information
7
f. Groundwater drainage
g. Erosion and Sediment Control Plan 4-502(C)(4)
h. Final cost estimates for public improvements
i. The certification listing all mortgages, liens judgments, easements, contracts,
and agreements of record regarding the land to be platted and the Board of
County Commissioners may require, at its discretion, that the holders of such
mortgages, hens, judgments, easements, contracts or agreements shall be
required to join in and approve the application for Final Plat approval before
such Final Plat is accepted for review. All other exceptions from title shall be
delineated.
5. Landscape Plan (Common Area) 4-502(C)(5)
6. Open Space Plan
7. Open Space Management Plan
8. Improvements Agreement, if applicable [include "as-builts" in digital format, 4-502(1)
9. Letter of Intent for service from all of the utility service providers
a. Contract for Service, required prior to Final Plat recordation.
10. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and
bylaws
Public Hearing(s):
X None (unless the amended Preliminary Plan is called up to the
BOCC)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies: (Division of Water Resources, Colorado Department of Transportation,
etc.)
It doesn't appear that there will be any formal referral agencies outside of County Departments.
IV. APPLICATION REVIEW FEES
Planning Review Fees: $200.00 (For the Final Plat) / $325.00 (Preliminary Plan Amendment
Referral Agency Fees: $0.00
Total Deposit: $200 / $325 (additional hours are billed at hourly rate)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts
applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case
8
planner makes a recommendation of approval, approval with conditions, or denial to the appropriate
hearing body.
Disclaimer
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.
Pre -application Summary Prepared bv:
Fred A. Jarman, AICP Dat
Director, Building & Planning Department
9
Amendment to Strong Subdivision Preliminary Plan
1 September, 2009
Pursuant to Section 5-304(B)(5) of the Garfield County Unified Land Use Resolution, the
applicants, George and Leslie Strong, hereby apply for an Amendment to an Approved
Preliminary Plan (Plan). After informal discussions with the Planning Department and a formal
Pre -Application conference, the applicants believe the requested amendment will result in No
Substantial Modification to the approved Plan.
Specifically, the applicants request to delete, in its entirety, Condition #11, as set forth in the
Board of County Commissioner Resolution 2009-09, recorded at Reception #762610. The Board
of County Commissioners appear to be "taking the lead" in planning and improving the identified
intersection, and will likely apportion the costs to adjacent landowners and other utilizers of the
intersection. The applicants agree with and support this approach in proactive planning. To the
extent the applicants must waive any authority bestowed upon them by Condition #11, the
applicants hereby do so.
Consistent with the authority granted to the Planning Director, the applicants request an
administrative review and amendment to the Preliminary Plan and seek only to delete Condition
#11 and proceed with the Strong Subdivision Final Plat application.
RECEIVED
SEP 012009
GARFIELD COUNTY
BUILDING & PLANNING
®III IVA FAME RE II II I
'Reception#: 762810
02103/2009 01;48;19 PM Jean Alberieo
1 of a Rec Fee $0.00 D,o Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners` Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 8th day of December A.D. 2008, there were present:
John Martin
,arty McCown
Tresi Houpt
Deborah Quinn
Marian Clayton for Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-09
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR THE STRONG PLANNED UNIT DEVELOPMENT LOCATED ON COUNTY
ROAD 300 SOUTH OF PARACHUTE, COLORADO, GARFIELD COUNTY
PARCEL NO# 2409-273-00-002
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
a Subdivision Preliminary Plan to allow for the subdivision of a 17.578 -acre parcel into five parcels.
B. The 17.578 -acre parcel is located in the SW 1/4 of the SW 'A of Section 27, Township 7
South, Range 96 West of the 6th P.M. and more fully described in attached Exhibit A.
C. The subject property is contained within the zone district known as the Strong Planned
Unit Development.
D. The Board is authorized to approve, approve with conditions, or deny a request for
Subdivision Preliminary Plan pursuant to Section 4:00 of the Subdivision Regulations of 1984, as
amended.
E. The Planning Commission opened a public hearing on October 8, 2008 and continued the
hearing to October 22, 2008 at which time the Commission, in a unanimous vote, recommended
1
cka'
wariliDiniliViMI J `4 4140AIi' ®Illi
Reception#: 762St0
D2/03/2009 01:45:19 PM Jean Ribersco
2 of 8 Rec Fee:$0.00 Doo Fee:0.00 GPRFIELD COUNTY CO
approval with conditions to the Board of County Commissioners.
F. The Board of County Commissioners opened a public bearing on the 8* day of December,
2008 upon the question of whether the above-described Subdivision Preliminary Plan should be
granted or denied, during which hearing the public and interested persons were given the opportunity
to express their opinions regarding the amendment.
G. The Board of County Commissioners closed the public hearing on the 841 day of
December, 2008 to make a final decision.
LL The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. The above stated and other reasons, the proposed Subdivision Preliminary Plan has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Section 4:00 of the Garfield County
Subdivision Regulation of 1984, as amended.
RESOLUTION
NOW TJI EREFORE, 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 the resolution.
B. A Subdivision Preliminary Plan to allow for five (5) parcels on the 17.578 -acre parcel
located at 70 CR 300, south of the Town of Parachute, Garfield County is hereby approved
subject to compliance with the following conditions and attached Exhibit B:
1. That all representations made by the Applicants in the application and as testimony in the
public hearings before the Planning Commission and Board of County Commissioners shall
be conditions of approval, unless specifically altered by the Board of County Commissioners.
2
gm pul`, 1 ii,"I1f EAi ,
Recept.iontt: 762610
02/0312009 01:45:19 PM Jean Alberico
3 of 8 Rec Fee:$0.00 Don Fee :0,80 GARFIELD COUNTY CO
2. No activity, other than that approved by the Resolution 2007-117, may occur on the parcel
until such time as a Final Plat and related Subdivision Improvements Agreement is approved
by Garfield County and recorded with the Clerk and Recorder.
3. The Preliminary Plan for the Strong Subdivision shall be valid for a period not to exceed one
year from approval.
4. The Applicants shall apply to the State of Colorado, CDPHE Water Quality Control Division
for a Public Water Supply for the site and meet all of the required standards of such. The
approval of the public water supply shall be provided prior to Final Plat approval.
5. The Applicants shall delineate and legally describe all easements on the Final Plat and
convey all easements to the Owner Association or to the responsible entity. This dedication
shall be in a form acceptable to the County Attorneys Office and transfer shall occur at the
time of recording the Final Plat. These easements shall include, but are not limited to all
easements of record, utility easements, drainage easements, water system easements, storm -
water drainage easements, open space, and all internal roads (which will be dedicated to the
public on the face of the Final Plat) required as apart of this development.
6. Plat notes regarding geologic constraints shall be placed on the Final Plat in conformance
with recommendations of the project engineer (Huddleston -Berry), the Colorado Geologic
Survey and the Environmental Health Manager:
a. Lot -specific subsurface foundation investigations and geotechnical testing should be done
prior to building to identify specific subsurface conditions that may affect development
(collapsible soils, depth to groundwater, etc.);
b. Lot -specific septic investigations shall be done prior to building to identify subsurface
conditions that may affect septic performance and design. Engineer -designed systems are
required;
c. Proper foundation and utility drainage shall be established for all subsurface elements
within three feet of the seasonal high groundwater elevations, and positive drainage shall
be provided around structures. Downspouts shall be directed away from the foundations;
d. Establish and erosion control plan using best management practices;
e. Sulfate -resistant cement shall be used for construction;
f. Shallow foundations shall be placed on a minimum of 30 inches of structural fill and
flatwork be placed on a minimum of 12 inches of structural fill. That fill should extend a
distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral
edges of the foundations.
7. The Colorado Division of Wildlife recommendations shall be considered conditions of
approval of the Preliminary Plan:
a. Strict enforcement of speed limits;
3
®III lila. YY'f� d'I M � r IAC IahJfl'�1�' N I# III' B{ II I
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02!03(2009 01:45:19 P11 Jean Albertco
4 or 8 Rec Fee:S0.00 Ono Fee:0.00 GARFIELD COUNTY CO
b. Removal of all fencing, wires and lines from previous activities;
c. The use of barbed wire to fence the site shall be prohibited;
d. Minimize soil disturbance to prevent the spread of weeds species.
8. Prior to approval of the Final Plat, the Applicants must provide information requested by the
Garfield County Vegetation Manager as follows:
a. The Applicants must treat the inventories tamarisk trees prior to the start of any
construction activities and they the forward treatment records to the Vegetation Manager
once the work is complete.
b. The Applicants must quantify the amount of surface disturbance related to the road cuts
and utility easements. A security amount may be required if the amount of disturbance
exceeds half an acre.
c. A Soil Management Plan shall be submitted that includes:
i. Provisions for salvaging on-site topsoil.
ii. A timetable for eliminating topsoil and/or aggregate piles.
iii. A plan that provides for soil cover if any disturbances or stockpiles will sit
exposed for a period of 90 days or more.
9. At Final Plat the Applicants shall submit information compliant with water storage for fire
suppression as recommended by the Fire Protection District.
10. The Final Plat application shall include information compliant with Garfield County Road
and Bridge recommendations regarding signage on CR.3 00 and that signage shall be included
in the Subdivision Improvements Agreernent at Final Plat. Further the County Attorney's
Office shall provide language in the SIA requiring necessary funding, should it become
necessary, for improvements or repairs to CR 300 as stated in Road and Bridge comments on
the application.
11. The Applicants must obtain a State Highway Access Permit for the intersection of State
Highway 6 and County Road 300. Upon adoption of this condition the Board of County
Commissioners shall assign the Applicants as designee to apply on behalf of Garfield
County.
12. The Applicants shall include the following plat notes on the Final Plat:
a. "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and
visitors must be prepared to accept the activities, sights, sounds and smells of Garfield
County's agricultural operations as a normal and necessary aspect of living in a County
with a strong rural character and a healthy ranching sector. All must be prepared to
encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by
spraying or otherwise of chemical fertilizers, soli amendments, herbicides, and
4
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5 of 8 Rec Fee:$0,00 Doo Fee,0.00 GARFIELD COUNTY CO
pesticides, any one or more of which may naturally occur as a part of a legal and non -
negligent agricultural operations.
b. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision.
One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
c. All owners of land whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects ofusing and maintainingproperty_ Residents
and landowners are encouraged to learn about these rights and responsibilities and act
as good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension ice in Garfield County.
d All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
e. The mineral rights associated with this property have been partially or wholly severed
and are not fully intact or transferred with the surface estate therefore allowing the
potential for natural resource extraction on the property by the min
Dated this a day of 7 bru,L. , A.D. 20 O
ATTEST:
GARFIELD
COMMIS
COLO
Y BOARD OF
IELD COUNTY,
i -y1
erk of the Board
Chairm
Upon motion duly made and seconded the foreg
following vote:
COMMISSIONER CHAIRJOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
ng Resolu
adopted
y the
5
1(11 I10N 0;1r10 0.10 1E111
Receptionl#: 7626t0
02/03/2009 01:45:19 PM Jean faleerico
6 of B Reo Fee:SO.00 Doc Fee0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the Board of
County Conunissioners, 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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
6
®Ili il' itiri i.Wil,f IilliVWCIi : l l IN !Illi
Receptiont#: 762610
02103/2e09 01:45:19 PM Jean Rlberioo
7 of 8 Rao Feg:S0,00 Doo Fee:6.00 GARFIELD COUNTY CO
EXHIBIT A
Legal Description
A Parcel of land Located in the SW1/4 of Section 27, Township 7 South, Range
96 West of the 6th P.M.
Beginning at the comer for section 27, 28, 33 and 34; thence along the west line
of the SW 1/4 SW' of Section 27, Nol°57'23"W 157.90 feet to the right of way
for the Denver Rio Grand Western Rail Road; thence along said right of way,
N55°29'20"E 1544.32 feet to the east line of the SW'/ SW %4 of said Section 27;
thence along the said east line. S01 °43'44"E 1021.22 feet to the west 1116
comer between said Section 27, S89°27'37"W 1297.94. feet to the point of
beginning.
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Receptlon#: 762610
02,03!2009 01:48:19 PN Jean Alberico
8 of 8 Reo Fee:S0.00 Doo Fee:0.00 GARFIELD COUNTY CO
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Motions for Intersections Policy Discussion with BOCC on July 28, 2009
Motion #1 made by Commissioners Samson: The County would "take the lead" with the CDOT
permitting process which meant getting all the primary
players together that produce trips that use the CR 300
/ 6&24 intersection so that a fair cost can be attributed
to each player. The County will also participate in this
cost sharing financially subject to budget approval by
the BOCC.
Second by Commissioner Houpt: 2"d
Vote: 3 to 0 Approved
Motion #2 made by Commissioner Houpt:
The County directs Director of Building and Planning
Department and Director of the Road and Bridge
Department to write a scope of services for an RFP to
be sent out that specifically is intended to assist the
County evaluate and prioritize the intersections of
county roads with state highways in the county and also
provide an estimated cost for needed improvements.
Additionally, this scope of services will ask for policy
approaches as to how the County should deal with
these intersections in the future.
Second by Commissioner Samson: 2"d
Vote: 3 to 0 Approved
1 111111 11111 1111111 1111 111111 11111 11111 111 11111 1111 111
706361 09/07/2006 03:35P B1840 P498 M ALSDORF
1 of 1 R 6.00 D 5.00 GARFIELD COUNTY CO
Reception No. Recorder.
WARRANTY DEED
THIS DEED, made this 5th day of September, 2006
Between JOHN E. STRONG
of the * County of Garfield. and State of CO, grantor. and
GEORGE P. STRONG,
P.O. Box 808
whose legal address is : Silt, CO, 81652
of the County of Garfield and State of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of $50,000.00 DOLLARS, the receipt and sufficiency of which is
hereby acknowledged_ has granted. bargained. sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto
the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the
County of Garfield and State of Colorado described as follows:
A parcel of land in the SW1/4SW1/4 of Section 27, Township 7 South, Range 96 West of the 6th Principal
Meridian, Garfield County, Colorado, more particularly described as follows:
Beginning at the corner for Sections 27, 28, 33 and 34; thence along The West line of the SWI/4SW1/4 of said
Section 27, North 01°57'23" West 157.98 feet to the right of way for the Denver and Rio Grande Western Railroad;
thence along said right of way. North 55°29'00" East 1544.32 feet to the East line of the SWI/4SW1/4 of said
Section 27; thence along said East line, South 01°43'44" East 1021.22 feet to the West 1/16 corner between said
Section 27 and Section 34; thence along the South line of the SWI/4SW1/4 of said Section 27, South 89°27'37"
West 1297.94 feet to the POINT OF BEGINNING.
TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant
to subject property; title to which is not included in the warranties contained herein.
as known by street and number as: Vacant Land Parachute CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders. rents. issues and profits thereof. and all the estate, right, title, interest, claim and demand whatsoever
of the grantor either in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. And the Grantor, for himself. his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the
Grantee. his heirs and assigns. that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed,
has good, sure. perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority
to grant, bargain. sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants,
bargains, sates. liens. taxes_ assessments. encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments
for the year 2006 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in
Commonwealth Title Company's Commitment No. 0605063-R
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee. his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number
shall include the plural. the plural the singular. and the use of gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this decd on the date set forth above.
John E. Strong
STATE O COLORADO
COUNTY OF GARFIELD
ss.
)
The foregoing instrument was acknowledged before me on September 5, 2006. by John E. Strong.
My commission expires:
Commonwealth File No.0605063-R
Rflum to'
Cita ge 1'. strong
m**mmari,..mi,e P.O. Box 808
Sill CO 81653
WITNESS my hand and official seal
./...s.c.m2c2)N
Notary Public
127 st 5th eet
Rif a CO 81 0
JANET L. HUBBELL
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 04/08/08
f