HomeMy WebLinkAbout2.0 DD Staff Report 09.22.2016Directors Determination - Staff Report Exhibits
Applicant is Rodney C. Power, Ronald E. and Marie E. Tipping,
William R. Tipping
Public / County Road Split Exemption - Administrative Review
September 22,2016
(File RSEA-08-1 6-8479)
Exhibit
Number
Exhibit Description
1 Public Hearinq Notice lnformation Form
2 Explanation of Mailing Notice - Jackie Cordav, September 7,201G
3 Garfield County Land Use and Development Code, as amended
4 Garfield County Comprehensive Plan of 2030
5 Application
6 Staff Report
7 Referral Comments from the County Designated Engineer, Chris Hale,
Dated September 9, 2016
I Referral Comments from the County Surveyor - Dated September 7,
201 6
I Referral Comments from the County Vegetation Manager, Steve
Anthony, Dated September 13,2016
10 Referral Comments from the County Road and Bridge Depaftment,
Wyatt Keesbery, Dated August 23,2016
11 Referral Comments from Colorado Parks and Wildlife, Scott Hoyer,
Dated September 9, 2016
12 Email from Jackie Corday of Colorado Parks and Wildlife, Dated
August 29,2016
File No. RSEA-08-16-8479
Director's Determination
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLTCANT (OWNER)
REPRESENTATIVE
SURVEYOR
LEGAL DESCRIPTION
PRACTICAL DESGRIPTION
LOT SIZE
ZONING
RECOMMENDATION
Public / County Road Split Exemption
Rodney C. Power, Ronald E. and Marie
E Tipping, and William R. Patterson
Jackie Corday of Colorado Parks and
Wildlife
Robert E. Brandeberry of SGM, lnc.
Tipping Subdivision Exemption, Lot 2,
County of Garfield, State of Colorado
Said property is located in Sections 27,
33 and 34, T.7.S., R.96 W. of the 6th P.M.
off County Road 300 and the Una Bridge
(Parcel Number: 240934211002; Lot 2 of
the Tipping Subdivision Exemption),
located approximately 3 miles southwest
of the Town of Parachute off US Highway
6.
The existing lot size is approximately
211 .994 acres (Lot 2). The proposed lot
sizes are approximately 206.734 acres
(Lot 2) and 3.204 acres (Lot 3).
Rural
Approval with Conditions
DESCRIPTION OF PROPOSAL. REQUEST
The Applicant is requesting a Public / County Road Split Exemption to divide the current
211.994 acre Lot 2 of the Tipping Subdivision Exemption along County Road 300. The
lot is located within the Rural Zone District. The new proposed Lot 3 is currently vacant
property located between the Colorado River and County Road 300 on the west side of
Una Bridge. Lot 2 is owned by the Rodney C. Power, Ronald E. and Marie E Tipping, and
William R. Patterson, who wishes to create a new 3.204 acre lot (Lot 3)from existing Lot
2 in order to donate the 3.204 acre lot to Colorado Parks and Wildlife (CPW) who have
indicated they intend to develop the Lot for a public boat ramp. The boat ramp is
understood to provide public access to the Colorado River for recreational purposes. The
proposed Public / County Road Split Exemption will create a property line along County
Road 300 that will create a 206.734 acre parcel (Lot 2) and a 3.204 acre parcel (Lot 3).
Access to the proposed Lot 3 would be off County Road 300. No nonconforming
conditions have been noted that would result from the new Lot.
The Applicant requested a waiver from Section 4-203(M), Water Supply and Distribution
Plan, and 4-203(N), Wastewater Management and System Plan. The proposed facility is
to be unmanned. As a result, the Applicant has proposed a waterless subdivision since
the proposed use does not require water or wastewater facilities. Consistent with the
Tipping Subdivision Exemption, the Applicant is proposing to carry fonruard a Plat Note
that states:
RESIR/CTION ON USE. Road Spit Exemption Lot 3 of the Tipping
Subdivision Exemption Lot 2 has been created without providing evidence
of legal, physical, or adequate source of water. ln the event a Lot owner
seeks County approval of a land use requiring water or a building permit for
a structure requiring water, the Lot owner will be required to demonstrate,
in compliance with the Unified Land Use Resolution, as fhe same may be
amended or replaced from time to time, that provision has been made for
adequate water to serve the proposed use or structure.
II. AUTHORITY - APPLICABLE REGULATIONS
The Public / County Road Split Exemption Application is being processed in accordance
with Section 5-202, Public / County Road Split Exemption Review and Tables 5-103
Common Review procedures. Section 4-101 and 4-103 address details of the review
procedures.
The Application has been determined to be complete including the waiver requests.
Public notice was required for the Director's Determination in accordance with Sections
4-101 and 4-103. The Applicant has provided evidence of completion of the required
notice for the Directors Decision.
III. STAFF ANALYSIS
1. The Applicant's proposal was reviewed against the Amended Final Plat Criteria
contained in Section 5-305 (C), as follows:
a. The right-of-way prevents joint use of affected, proposed lots;
The proposed Lot 3 is split from the remainder of Lot 2 by County Road 300.
The 3.204 acre proposed Lot 3 is currently vacant while the remainder of
Lot 2 has been developed for the extraction of natural resources, notably
the Una Gravel Pit and asphalt batch plant. To date, no known joint use of
the properties has occurred. Due to the presence of County Road 300 and
that the two proposed properties are understood to have not been used for
joint purposes, it is Staff's opinion that the right-of-way prevents joint use of
the affected, proposed lots.
b. The proposed exemption lots have a sufficient legal and physical source of
water pursuant to section 7-104, Source of Water.
Section 7-1O4 of the LUDC states:
All applications for Land Use Change Permits sha// have an
adequate, reliable, physical, long-term, and legalwater supply
to serve the use, except for land uses that do not require
water. or that contain Temporary Facilities served by a
licensed water hauler.
As noted previously, the Applicant has proposed that the new Lot 3, similar
to existing Lot 2, be waterless as the facility is to be unmanned and used
expressly for public access to the Colorado River. Because of the proposed
use of the property, a public boat ramp owned by CPW, does not require a
legal and physical source of water to operate, the Applicant is proposing to
carry fonrvard a Plat Note restricting use on the property. The proposed Plat
Note is as follows:
RESIR/CTION ON USE. Road Spit Exemption Lot 3 of the
Tipping Subdivision Exemption Lot 2 has been created
without providing evidence of legal, physical, or adequate
source of water. ln the event a Lot owner seeks County
approval of a land use requiring water or a building permit for
a structure requiring water, the Lot owner will be required to
demonstrate, in compliance with the Unified Land Use
Resolution, as the same may be amended or replaced from
time to time, that provision has been made for adequate water
to serue the proposed use or structure.
As a result, while the understood future use of the property as a public boat
ramp does not require a source of water connected to the property, at the
time of a Land Use Permit or Building Permit that does require such a water
source, the Applicant will be required to demonstrate a legal and adequate
source of water on the subject parcel.
c. The proposed exemption lots have adequate sewage disposa/ sysfem
pursuant to section 7-105, Central Water Distribution and Wastewater
Sysfems.
Section 7-1O5 of the LUDC states:
The land use shall be serued by a water distribution system
that is adequate to serue the proposed use and densitv.
3ll'r,r..
2.
4.
As the Applicant has proposed a waterless exemption, it is Staff's opinion
that a wastewater system is not necessary. However, at the time the
property owner develops the property in such a way as to require a legal
and physical long-term water source, the property owner will need to
propose and install an appropriate method for wastewater disposal.
d. The proposed exemption lots have legal and adequate access pursuant to
section 7-107, Access and Roadways.
The proposed Lot 3 borders County Road 300. As a result, access to the
property is available from this County Road. This application was referred
to Garfield County Road and Bridge who indicated that they have no issues
with the proposal, however, the comments state (See Exhibit 10) that "l do
want to make sure there is a designated parking area, and that there will be
No Parking on or within the County ROW." ln response, Jackie Corday of
CPW stated (See Exhibit 12) that "the design will include a small parking
area for 2-3 cars."
As the access to the property has not yet been constructed or permitted
through Garfield County Road and Bridge, Staff recommends a condition of
approval that the property owner obtain all necessary driveway and access
permits from Garfield County Road and Bridge prior to construction.
e. The Final Plat meets the requirements per section 5-402.F., Final Plat.
Staff has reviewed the proposed Plat for compliance with Section 5-402(F)
of the LUDC. lt appears that the Plat is in compliance with the applicable
requirements.
No conflicts with the existing underlying zoning have been noted including lots size
and setbacks.
The Application was referred to the County Surveyor, who identified no issues with
the proposed plat (See Exhibit 8).
The Application was referred to the County Vegetation Manager, who identified no
issues with the proposal (See Exhibit 9).
The Application was referred to the County Designated Engineer, who identified
no issues with the proposal (See Exhibit 7).
The Application was referred to Colorado Parks and Wildlife, who noted that
"negative impacts to local wildlife and habitat are not expected" (See Exhibit 11).
5.
6.
4lir'iigo,
7. The Application was referred to the County Road and Bridge Department, who
noted that no parking should be permitted along the County Road and that a
designated parking area should be provided (See Exhibit 10).
8. The Applicant completed the County Public Notice Information form indicating that
public notice was sent on August 30,2016. No public comments from adjacent
property owners were received by the Community Development Department in
response to the public notice. Staff has reviewed the Applicants representations
and evidence regarding public notice and it appears the requirements have been
adequately satisfied.
!V. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that the Tipping Subdivision Exemption Lot 2, Public / County
Road Split Exemption Application meets the requirements and standards of the Garfield
County Land Use and Development Code, as amended and is recommended for
Administrative Approval by the Director of the Community Development Department
subject to the following conditions of approval.
1 . That 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. The property owner shall obtain all necessary driveway and access permits
from Garfield County Road and Bridge.
3. The Plat shall be subject to final review and approval by the County prior to
submittal of the Mylar plat for final execution. All standard plat certificates and
signature blocks shall be included on the final plat.
4. The Applicant has 90 days within which to satisfy conditions of approval and
provide the following documentation for BOCC signature and recordation:
a. A plat mylar with signed Certificates that include Dedication and Ownership,
Title, Taxes, Applicant's Suryeyor, and any mortgagees;
b. Recording Fees.
5li',;,
Aerial Map
Existing Lot 2
- Una Gravel
Pit
611';iEc
Proposed Public / County Road Split Exemption Plat
oo
frc
EXHIBlT
I
Guffield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please inltial on the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adfacent property owners and mineral
owners.
+(L Maited noticewascornpteted on the 3g oay or ?]r*ffuif .2arc.
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.
E All owners of minera! interest in the subject property were identified through records in
orAssessor, orthrough other means [listl pi^&[n4d, $y
2015.
2015.
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.
Name:
Signature:
Date:
r Please aHach proof of certified, return receipt requested mailed notice.
tr My application required Publlshed notice.
Notice was published on the _ day of
the Clerk and Recorder
tr
r Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notlce.
Notice was posted on the day of
EXHIBIT
ZDavid Pesnichak
From:
Sent:
To:
Subject:
Corday - DNR, Jackie <jackie.corday@state.co.us>
Wednesday, September 01, 2OL6 9:04 AM
David Pesnichak
Re: FW: Tipping Lot 2 Road Split Exemption - RSEA-08-16-8479
Hello Dave,
These were the steps taken to send out the landowner and mineral owner notices:
1) I instructed our admin assistant Elizabeth Dowling to print color copies of the 4 page
"Tipping Subdivision Road Split Exemption Lot 2 Public Notice" memo that you provided
for CPW for every landowner in the updated list you also provided and for the mineral
owners list Kelly Cave provided;
2) On August 30th, Elizabeth prepared the Certified Mail packets for each of the
landowners and Certified Mail with Return Receipt Requested for each of the mineral
owners. I saw the completed packets on her desk prior to her delivering them to the
CPW mail room;
3) She delivered them the morning of August 30th to Dave Dokken who is in charge of
the mail room;
4) Later that day, Central Services, the State agency that takes care of mailing for the
greater Denver metro area for state agencies, picked up the packets and delivered them
to a Denver post office. Dave recalls he placed the packets on top of the mail tub to
make sure they were taken care of first upon arrival at the post office. Dave said he
usually enters the tracking numbers for Certified Mail into his computer, but had gotten
particularly busy that day and forgot to do so for this bunch.
We have not received back the green signature cards yet, but can provide copies of
them when we do. Thanks, Jackie
On Tue, Sep 6, 2016 at 4:15 PM, David Pesnichak <dpesnichak(@garfield-county.com> wrote:
Sounds good. Thanks.
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
MOUNTAIN EROSS
ENGINEERING. INE.
Civil and Environmental Consulting and Design
EXHIBIT
September 9,2016
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of the Tipping Road Split Exemption: RSEA-08-16-8479
Dear David:
This office has performed a review of the documents provided for the Tipping Road Split
Exemption application. The submittal was found to be thorough and well organized. The review
generated no comments.
Feel free to call if you have any questions or comments.
Sincerel
lnc.Mountd,n Cross/-}l -
Chris Hale, PE
826'/zGrand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
To:
From:
Subject:
Date:
Gorfield CounQ
SURVEYOR
SCOTT AIBNER, P.L.S
Bob Brandeberry - SGM
Scott Aibner - Garfield County Surveyor
Plat Review - Public/County Road Split - Tipping Subdivision Exemption Lot 2
0910712016
Bob,
Upon review of the Public/County Road Split - Tipping Subdivision Exemption Lot2Plat,I have no
comments or corrections to be made prior to approval for survey content and form.
Once all final comments from Community Development have been completed, the Mylar may be prepared for
recording. The Mylar shall be delivered to the Community Development office with all private party signatures
no later than Monday the week prior to the next commissioner meeting day in order to make that meeting.
Sincerely,
Scott Aibner
Garfi eld County Surveyor
cc David Pesnichak - Community Development Department
109 8 th Street ,Suite l00B , Glenwood Springs, C081601 , (970)945-1377 . e-mail:saibner@garfield-countyc0m
David Pesnichak
From:
Sent:
To:
Subject:
Steve Anthony
Tuesday, September 13, 201.6 2:40 PM
David Pesnichak
Tipping Subdivision Exemption
Hi Dave
No comments on this one, other than there are some scattered small Russian olive and tamarisk trees on site-l suspect
those will be taken out during the construction of the boat ramp.
Steve
Steve Anthony
Vegetation Monoger
6orfield County
195 W. 14th Street, Bldg. D, Suite 310
Rifle, CO 81650
Phone: (970)945-1377 Ext. $A5
Emoil: sonthony@gorf ield-county.com
EXHIBIT
toDavid Pesnichak
From:
Sent:
To:
Subject:
Wyatt Keesbery
Tuesday, August 23,20L6 7:38 AM
David Pesnichak
RE:Tipping Lot 2 Road Split Exemption - RSEA-08-L6-8479
I don't have a problem with this, but ldo want to make sure there is a designated parking area, and that there will be
NO PARKING on or within the County ROW.
Wyatt
From: David Pesnichak
Sent: Monday, August 22,20t6 1:40 PM
To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Scott Aibner; Hoyer - DNR, Scott; Chris Hale; opschief@gvfpd.org;
Sullivan - DNR, Megan
Subject: Tipping Lot 2 Road Split Exemption - RSEA-08-16-8479
Hello,
The Garfield County Community Development Department has received an application for a Public / County
Road Split Exemption from Lot 2 of the Tipping Exemption. The Administrative Review is proposed to subdivide Lot 2 of
the Tipping Exemption along County Road 300 to create a 3.204 acre parcel located between County Road 300 and the
Colorado Riveratthe Una Bridge. The purpose of the new parcelisforthe conveyance of the parcelto Colorado Parks
and Wildlife to be used as a public boat ramp for the Colorado River at County Road 300. Attached is the Referral Form
regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your
comments are an important part of the evaluation process. ln order to review all appropriate agency comments and
incorporate them into the staff report, we request your response by Mondav September 12, 2016.
The first hearing on this proposal is scheduled before the Garfield County Planning Commission on September 14,2016
at 6.00PM at the County Administration Building. First Floor.
To access the application, go to: http://records.garfield-
countv.com/WebLin k/CustomSea rch.aspx?Sea rch Name=Bu ild ingDocume ntSea rch
Search for "Permit Number (File No.)": RSEA-08-16-8479
Thank You !
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Depa rtment
108 8th St Suite 401
Glenwood Springs, CO 81601
(97O) 94s-8272
d pesnicha k@ga rfield-cou ntv.com
http://www.ga rfield-co u ntv.com/com m u nitv-deve lo pment/
l
David Pesnichak
From:
Sent:
To:
Subject:
Dear Mr. Pesnichak,
Hoyer - DNR, Scott <scott.hoyer@state.co.us>
Friday, September 09,2016 3:54 PM
David Pesnichak
Re:Tipping Lot 2 Road Split Exemption - RSEA-08-16-8479
Thank you for the opportunity to provide comments on the proposed subdivision of Lot 2 of the Tipping Exemption alon-e
County Road 300 to create a3.204 acre parcel located between County Road 300 and the Colorado River at the Una Bridge. Colorado Parks
and Wildlife (CPW) fully supports this split exemption which will create a new parcel to be conveyed to CPW for the purpose of creating a
public boat ramp along the Colorado River. This access point will serve the public by allowing for increased recreational use of the Colorado
River by anglers, hunters, and other outdoor hobbyists. Negative impacts to local wildlife and habitat are nof expected.
Please contact me at 970-250-0873 if you have any questions.
Thanks again
Scott Hoyer
District Wildlife Manager, Parachute
On Mon, Aug22,2016 at 1:39 PM, David Pesnichak <dpesnichak@garfield-cor-rnty.com> wrote:
Hello,
The Garfield County Community Development Department has received an application for a Public /
County Road Split Exemption from Lot 2 of the Tipping Exemption. The Administrative Review is proposed
to subdivideLot2 of the Tipping Exemption along County Road 300 to create a3.204 acre parcel located
between County Road 300 and the Colorado River at the Una Bridge. The purpose of the new parcel is for the
conveyance of the parcel to Colorado Parks and Wildlife to be used as a public boat ramp for the Colorado
River at County Road 300. Attached is the Referral Form regarding this application. Please open and read it for
instructions on accessing a digital version of the application. Your comments are an important part of the
evaluation process. In order to review all appropriate agency comments and incorporate them into the staff
report, we request your response by Monday September 12. 2016.
The first hearing on this proposal is scheduled before the Garfield County Planning Commission on September
14,2016 at 6.00PM at the County Administration Building. First Floor.
To access the application, go to: http://records.garfield-
county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocr,rmentSearch
EXHIBIT* rzgr\-,David Pesnichak
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Corday - DNR, Jackie <jackie.corday@state.co.us>
Monday, August 29,20L6 L2:03 PM
David Pesnichak
Re: FW:Tipping Lot 2 Road Split Exemption - RSEA-08-L6-8479
Flag for follow up
Completed
Hello David,
I asked Scott Hoyer about the parking issue - he replied that the design will include a
small parking area for 2-3 cars. The land area is small and mostly covered by riparian
veg, so we want to minimize removal of the native veg.
Today we sent out the Public Notice letters to the landowners and mineral owners via
the certified mail method required.
Can you please tell me more about the County meeting at 6:00 on 9/L4 - Scott can
attend and it would be nice to know if he will be expected to speak or just answer
questions if they come up. Thanks, Jackie
On Tue, Aug23,2016 at 7:40 AM, David Pesnichak <dpesnichak@)garfield-cor-rntlu.corn> wrote:
Starting to get conlments back ... FYI -
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
(910t 945-82t2
dpesn ichak @) garfl e ld -cou n ty. co nr
http://www. gartiel d-cou ntv.con/cornrnun it)r-cle ve I opnrent/