HomeMy WebLinkAbout2.0 CorrespondenceJanuary 4, 2017
Garfield County
Community Development Department
Dan Dennison
High Country Engineering
1519 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
RE: Withdrawal of the Martinez Small Contractor Yard, GAPA-06-16-8459 &
the Martinez Flood Plain Development Permit FDPA-06-16-8460
Dear Dan:
Thank you for meeting to go over the status of the two Martinez Applications, for a small
contractor yard and a flood plain development permit. At our meeting you were advised
that the time lines and related extensions to address all the completeness issues
associated with the two submittals had expired. Pursuant to Section 4-101(B)(2)(a) of
the Land Use and Development Code, if the Applicant fails to correct the deficiencies in
the Applications within 60 Calendar days, the application shall be considered withdrawn
and returned to the Applicant. In accordance with this Code provision we are returning
to you the Application submittals and closing the associated files with the notation that
they were not determined to be complete and are considered withdrawn.
You have already re -submitted new Applications for the requested uses and we look
forward to finalizing the completeness review process for those submittals as soon as
possible. Thank you for the quick turnaround with the re -submittals.
I will contact you with any questions that come up regarding the new submittals and an
update on their completeness.
Sincerely,
Glenn Hartmann
Senior Planner
June 16, 2016
Garfield County
Dan Dennison
High Country Engineering
1519 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
Community Development Department
RE: Completeness Review Martinez Small Contractor Yard, GAPA-06-16-8459
Dear Dan:
Thank you for your submittals for the Administrative Review Land Use Change Permit
Application for a small contactors yard on the Martinez property located at 335 Village
Dr., submitted on behalf of Tani Martinez and Gloria Strouse. Our completeness review
included input from the County Attorney's Office and has identified a several items that
need to be addressed or clarified prior to a determination of technical completeness.
Please respond to the following items:
1. On the Application Form the owners and the signatories should conform and
include both owners.
2. A current deed for the property is needed showing ownership by the Applicants.
3. The list of property owners within 200 ft. needs to be reviewed and corrected to
conform to the lists obtained from the County records.
4. Information on mineral rights owners is required and should include details on
how the research was conducted. A memo with research information from the County
Attorney's Office is attached.
5. Proof of legal access needs to be provided and locations of any easement shown
on the site plan.
6. The request for waivers from the roadway standards needs to fully comply with
the Roadway Waiver Policy, a copy of which is attached. This section needs to include
a determination by the Applicant's Engineer (including Engineer's Stamp) that the
roadway will be adequate for the proposed use.
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7. All easements including utility and access easements needs to be shown on the
site plan and labelled.
8. The Application needs to include an Impact Report Section. Waivers from some
elements may be appropriate and if so should be properly documented in the
submittals.
9. The waiver request for a water supply plan and waste water management plan
needs to provide additional information on the location and availability of facilities in the
neighboring residential home, or provide alternate ways of addressing the requirement
such as provision of portable facilities.
10. The Grading and Drainage plan does not include all required information and
needs to be updated per the code or a waiver requested for those elements not
provided. Additional assessment of off-site drainage impacts and the drainage swale
central to the site need to be provided along with details on the sediment control fence.
11. The Geologic and Soils Report needs to indicate the author who prepared the
report. The Report also needs to address the proposed retaining wall and the drainage
swale running through the center of the site.
12. The Site Plan and Grading/Drainage Plans include very limited information on
western portion of the contractor's yard. The Application either needs to be amended to
include all required information (i.e. site plan, access, circulation, grading and drainage)
for this area of the contractor's yard or the Application amended to remove that area
from the current request.
13. Tab references in the Application should be updated.
A follow-up meeting or telephone conference with staff is recommended to clarify any of
the above items including waivers from standards and/or submittal requirements.
Once the above topics are addressed we can finalize our completeness review and
schedule a date for your Director's Decision. Please note that the Garfield County Land
Use and Development Code requires that the technical completeness issues be
resolved within 60 -days of the date of this letter, otherwise the application will be
deemed withdrawn unless a request for extension is submitted and approved. I look
forward to addressing the completeness items as quickly as possible and moving
forward with your review process.
Sincerely,
Glenn Hartmann
Senior Planner
Policy 01-14
Waivers for Roads and Demonstration of Compliance
March 3, 2014
Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be
designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road"
as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting
property, excluding a driveway accessing a single property."
The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for
access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not
serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table
7-107.
The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative
design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no
greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118).
In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County has
asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient
information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined
in Section 4-118 for granting a waiver. In doing so, the application must include:
A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement
that finds that the road will be adequate for the proposed use. This statement must be signed by a professional
engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the
following information will be required to be provided:
o Geometry of the road — A description of how the private road does/does not meet the design standards in
Table 7-107. This should include a chart that compares the private road design to those standards in Table
7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the
standards. A narrative may also be helpful in describing the characteristics of the road as they compare to
Table 7-107 design standards. Unless available, this is not intended to imply construction -level drawings.
o Safety/Structural Issues — A description of obvious safety and/or structural issues observed and a
statement about how these issues will be addressed.
o Maintenance — A description of how the road is and/or will be maintained. This should be supported with
the submittal of any existing or proposed maintenance agreements for the road sections.
o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily Traffic
on the road. This should also include the types of vehicles that currently use the road as well as the
additional amount and type of traffic that the proposed use will generate through all phases of its
development.
Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed, which
includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate
compliance with these sections of the Code.
Garfield County 1
MEMORANDUM
TO: Staff
FROM: County Attorney's Office
DATE: June 24, 2014
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-
101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify mineral interest owners. The following is a suggested
process to research mineral interests:
1. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy. Are there exceptions to title listed under Schedule B -
II? If so, review for mineral interests that were reserved and oil and gas leases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
MEMO
June 24, 2014
Page 2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need 10 repeat this process to follow any transfer of the mineral interest to present day.
8. Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or Landman.
Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
GARFIELD COUNTY STAFF BILLING
Project/File #
Owner:
Martinez Contractor Yard Adminstrative LUCP
Taani Martinez
Representative
Dan Dennison, High Country Engineering
Invoice Mailing
Staff:
Glenn Hartmann
Base Fee
$250
Date
Description of Work Performed
Code
Hours
5/27/2016
6/15/2016
6/16/2016
Initial Review
Detailed Completeness Review incl.
Attorney Comments
7/1/2016
8/8/2016
Finalize NTC Letter
Site Visit
Follow-up Review and Extension Request
CR
CR
CR
0.25
0.75
0.25
SV & CR
1.25
CR
0.25
10/12 & 13/16
Follow-up Review and Extension Request
CR
0.25
Total Hours
3
Fee Calculation
Director
Total Other Charges
Hrs
@
$ 50.50
=
$ -
Plan. Manager
$ (128.50)
Hrs
@
$ 45.50
=
$ -
Sr. Planner
3
Hrs
$ 40.50
=
$ 121.50
Plan. Tech.
Hrs
@
$ 33.75
=
$ -
Admin. Asst.
Hrs
@
$ 30.00
=
$ -
Total Fee
$ 121.50
Total Other Charges
Grand Total
$ 121.50
Base Fee (Minus)
$ 250.00
Balance Due
$ (128.50)
NOTES:
1. Codes:
a. CR(Completion Review)
b. AR (Application Review)
c. RW (Report Writing)
d. RA (Review Agency Reporting)
e. SV (Site Visit)
f. MH (Meetings and Hearings)
g. TC (Telephone Conference)
h. GIS (Geographic Information Systems)
i. AS (Administrative Support)
j. Misc. (postage, copies[0.25/page], fax)
2. Fees: 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 recognizes that the land use application process time
varies and that an Applicant should pay for the total cost of the review which
may require additional billing. Hourly rates are based on the hourly salary,
and fringe benefits costs of the respective positions combined with an hourly
overhead cost of the office will be used to establish the actual cost of County
staff time devoted to the review of a particular project.
T:\Planning\Current Planning\Land Use Change Permits\Land Use Permits\Administrative Permit\Martinez Contractor Yard\Martinez Contractor Yard -
Project Billing 12/28/20163:39 PM
August 23, 2016
Dan Dennison
High Country Engineering
1517 Blake Ave.
Glenwood Springs, CO 81601
Garfield County
Community Development Department
RE: Extension Request Completeness Review Martinez Land Use Change Permit and
Flood Plain Development Permit Applications (FDPA-06-16-8460 & GAPA-06-16-8459)
Dear Dan:
The County has received your extension request for addressing the completeness issues
identified for the Martinez Applications for a Small Contractor's Yard and for a Flood Plain
Development Permit. Thank you for the periodic updates on your progress.
Pursuant to your request, an extension to allow an additional 60 days to address the
completeness issues is granted. The extension shall expire on October 14tH
Please contact Glenn Hartmann, in our office if you have any questions regarding the
extension or the remaining completeness topics.
Sincerely,
She Bower, AICP
Direc or, Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
CIVIL ENGINEERING
August 8, 2016
Garfield County
Building & Planning Department
1088th St. Suite 401
Glenwood Springs, CO 81601
An Enpk
Owned C. npany
LAND SURVEYING
RE: Land Use Change Applications- Parcel 1 Rifle Village South Filing 1 Amended Plat
and Development within the 100 -yr Floodplain
The applicant is requesting that an extension be granted in the time period to address
the completeness issues for the both applications related to a proposed Small Contractor's
Yard for Parcel 1 Rifle Village South Filing 1. The land use change applications include
"Development in the 100 -yr Floodplain" and "Administrative Review" of a Small
Contractor's Yard to be placed within a pair of residential lots.
HCE has been granted permission to represent the applicants (Taani Rust Martinez
and Gloria Strouse) through the Statement of Authority submitted with the application.
Sincerely,
p� �r
Daniel R. Dennison, P.E.
Project Manager
HIGH COUNTRY ENGINEERING, INC.
1517 SLAKE AVENUE, SUITE 1 01
GLENWOOD SPRINGS, CO 81 601
9709455676• PHONE
970945-2555 • FAX
W W W.HCENG. COM
CIVIL ENGINEERING
October 12, 2016
Garfield County
Building & Planning Department
108 8th St. Suite 401
Glenwood Springs, CO 81601
au ,t,,yoa-
nutconynny
LAND SURVEYING
RE: Parcel 1 Rifle Village South Filing 1 Amended Plat
Land Use Change Applications- Development in the 100 -yr Floodplain and
Administrative Review of a Small Contractor's Yard
The applicant is requesting that an second extension be granted in the time period to
address the completeness issues for the both applications related to a proposed Small
Contractor's Yard for Parcel 1 Rifle Village South Filing 1. The land use change applications
include "Development in the 100 -yr Floodplain" and "Administrative Review" of a Small
Contractor's Yard to be placed within a pair of residential lots.
HCE has been granted permission to represent the applicants (Taani Rust Martinez
and Gloria Strouse) through the Statement of Authority submitted with the application.
Sincerely,
p,,
Daniel R. Dennison, P.E.
Project Manager
HIGH COUNTRY ENGINEERING, INC.
1 517 BLAKE AVENUE, SUITE 101
GLENWOOD SPRINGS, CO 81601
9709455676• PHONE
970945-2555 • FAX
W W W. H C ENG. COM