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HomeMy WebLinkAbout3.0 CorrespondenceGARFIELD COUNTY Building and Planning August 6,1996 Ross & Rebecca Talbott 0306 cR 323 Rifle, CO 81650 RE: Talbott Subdivision Exemption Dear Mr, Talbott: Your application for a Subdivision Exemption has been scheduled for a public meeting before the Board ofCounty Commissioners on September 3,1996 at 4'.45 p.m. in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies ofthe enclosed exernption public notice form need to be mailed by certified return-receipt to all property owners adjacent to or within 200 ft. of your property at least l5 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return-receipt to owners of mineral rights. or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return-receipts from these mailings need to be presented at the time of the meeting or zubmitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least l5 days, but not more than 30 days, prior to the meeting. Please examine all enclosures for accuracy. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this ofiice. Sincergly, =*fi" t{- Eric D. McCafferty Planner Enclosures Edm/rsw 109 8th Street, Suite 303 945-821 21285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that ROSS AND REBECCA TALBOTT has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: See attached Practical Description: Located near Rulison on County Road 320. Said subdivision exemption is to allow the petitioner to divide an approximately 41.81 acre tract into three (3) parcels of 18, 10 and 11.81 acres each in size, more or less, on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding properry owners and others affected in deciding whether to grant or deny the request for the zubdMsion exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon, and l:00 p.m. and 4:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 3rd day of September, 1996, at the hour of 4.45 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County N N tl li l- Tract- of land in section 25, Township 6 south, Range 95 west of,' the 6th P.M. and in section 30, Township 6 south, Range 94 westof the 6th - P.M. lying Easterly of the Easterly right of way ofcounty Road No. 323, Northerly of the Northerly iign[ of way iin", of county Road No. 320, southerly of the centerline o? theColorado River and Westerly of Parcels t- and 2 described in: resolution recorded January 30, 19g5 in Book 663 at page 629. rl ii I ti lr I rl il li GARFIELD COUNTY Building and Planning September 4, T996 Mr. Ross M. Talbott 10780 SE Sunnyside Road Clackamas, OR 97015 RE: Talbott Rulison Exemption Dear Ross, On Tuesday, September 3, 1996, the Board of County Commissioners conditionally approved your petition for an exemption from the definition of subdivision. The conditions that must be met prior to final approval are as follow: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date ofapproval. 4. That the applicant shall submit $200.00, per lot, ($400.00 total) in School Impact Fees for the creation of all exemption parcels. That the following plat notes be included: "The 30 foot access easement shall be developed to a minimum width of 16 feet with an adequate area for fire trucks to turn around. These improvements shall be approved by the Grand Valley Fire Protection District prior to the issuance of a Certificate of Occupancy for Parcel 3." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade. Additionally, a fire break of at least 60 feet shall be provided between buildings and native, non-irrigated, pinyon-juniper trees. " 109 8th Street, Suite 303 945-82121285-7912 Glenwood Springs, Colorado 81601 r '" "{.Jpon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "The individual lot owners shall be responsible for the control of noxious weeds." 6. That, prior to the authorization of an exemption plat, the applicants receive an approved driveway permit for the proposed access, from the Garfield County Road and Bridge Department. 7 . That all well permits be issued by the State Engineer's Ofiice, prior to the authorization of an exemption plat and a water sharing declaration be recorded. 8. That both wells be drilled a pump-tested for four (4) hours with the results presented to the Planning Department along with a statement by the individual conducting the pump test that the well(s) is capable of supplying the intended uses. 9. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of a Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 10. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 11 That the exemption plat shall identify building envelopes that are entirely outside of the floodplain of the Colorado River and the adjacent meander land, as identified on the Eshe-Lif'e Estate Map. If you have any questions regarding these conditions, please do not hesitate to contact this office. Sinceyb. tnto Eric D. McCafferty Garfield County Planner \ /r.?J.9., \,' a\!l ro' zoT , (tr... Jo) f-q..<:99 od.g.. t .t.l t. U ,-* -r\-{_ff>-{rr7 -sTt4:::,:_=- _-_-jF- -n/;i"i;x"-f7r.vr 4.4?4rO/^/ 8#( .3) d.o ,/tna 5 _-_=-=-b1 :-- V =:-^=--- -- 'tY,O9fu',-- /Z ac> /y'o tnabr E-f,{:-.//Ft- d574f€ooc,naJoe/a\ iN v0 1 ,r1 '' ltJ ,.71/2o3.4'@7eo'87 4/32o.aa?O"H4 2./3. 24 ,y73052'Od-,p:,es5 4/ oa'gzizo-t -539.9 / / ro G ,q///f,< \ I +2, 8/4c. tA ,) 7/a{n rtt- / < ouat)t 1'r'loVr-'-Z!!F O->: ,'lf'-v tt ifI i I I J .s.sg"atbo'al6a.29: .47 _gcs4. to) 2 GARFIELD COULYTY Building and Planning November 13, 1996 Ross & Rebecca Talbott 10780 SE Sunnyside Road Clackamas. OR 97015 RE: Modifications to Subdivision Exemption Conditional Approval Dear Ross & Rebecca: On Tuesday, November 12, the Garfield County Board of Commissioners conditionally approved your proposed modifications concerning your petition for exemption from the definition of subdivision, previously approved on September 3. The conditions that are required to be met, prior to or at time of final approval, are as follow: That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners. shall be considered conditions of approval. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage. irrigation. access or utilities. That the applicant shall have 120 days to present a plat to the Commissioners fbr signature, fiom the date of approval of the exemption. The Board may grant extensions of up to one (l) year frorn the original date of approval. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. That the following plat notes be included. "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognizethe increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine def'ensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade. Additionally. a fire break of at least 60 feet shall be provided between buildings and native, non-irrigated, pinyon-juniper trees." "Upon adoption of road impact fbes by the Board of County Commissioners. the lots created by this exemption shall be subject to paying the f-ees. paid at tir-ne of building permit application. paid by the building permit applicant." t09 8th Street, Suite 3OJ 945-82.t 21285-7972 Glenwood Springs. Colorado 81601 6 "The individual lot owners shallbe responsible forthe control of noxious weeds." That the new well be drilled and pump-tested for four (4) hours, with the results presented to the Planning Department along with a statement by the individual conducting the pump test that the well is capable of supplying the intended uses. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of a Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 8. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. The exemption plat shall identifi a building envelope, for the northerly parcel, that is entirely outside of the floodplain of the Colorado fuver and the adjacent meander land, as identified on the Eshe-Life Estate Map, or other relevant map. That the entirety of the land subject to exemption be accounted for in the legal descriptions of the parcels and on an exemption plat. I l. The applicant shall consult with the County Road & Bridge Department concerning the access to the exemption parcel and shall receive any required driveway permit, prior to final approval. If you have any questions regarding these conditions, please contact this office Sincerely, --.-'-2Lzrc Eric D. McCafferty Garfield County Planner cc. Ross Talbott IO Talbott Modifications SB-35 lll 12196 The Board will recall that a conditional approval was granted for the Talbott exemption petition in early September. That approval was for a total of 3 lots, each to be served by individual wells. The existing lot is currently served by a well and the conditional approval required the applicants to complete wells on the exemption parcels, prior to final approval. Additionally, another condition of approval required that building envelopes be designated on the lots that would contain portions of the Colorado river floodplain and/or meander land. These envelopes would have been required to be completely removed from the floodplain. Due to a couple of factors, the applicants are now requesting modification to the original approval, essentially, reducing the number of lots from three to two. The northern parcel would contain approx. 22 acres and the southern parcel approx. l8 acres. As only one new parcel is requested the applicants propose only one new well, which has been permitted by the state. There is an existing access onto the northerly parcel and staffcontemplates no problems with this access. In my analysis, I see only one issue with the proposed modifications. I have discussed the exemption plat with the applicants surveyor and it is the surveyor's position that the floodplain/meander land not be shown on the exemption plat. The reason for this, as i understand it, is because in the past this land has caused problems for previous owners when obtaining title insurance, due to its designation. It is staffs opinion that this land be required to be shown on the exemption plat, as its exclusion could, in the future, be determined that the County approved the parcel by omission. The initial approval required the applicant to designate building envelopes on the exemption parcels that are completely outside ofthe floodplain, staffrecommends this condition remain and be required for the northerly parcel. In my opinion, a designated building envelope outside of the floodplain should resolve the issue. Assuming that this floodplain/meander land issue is resolved, staff recommends approval of the petition, pursuant to the listed conditions. ADDENDUM To: Board of County Commissioners From: Planning Department Subject: Talbott Subdivision Exemption Modifications Date: November 6,1996 The Board conditionally approved the Talbott Subdivision Exemption petition on September 3, 1996. This original approval was for a total of three (3) lots [one existing lot, two new lots], to be served by individual wells. The existing home is served by an individual well and, as a condition of the original approval, the additional wells were required to be completed prior to authorization of an exemption plat. An additional condition of approval required that building envelopes be designated on the exemption plat that are completely removed from the Colorado River floodplain/meander land, which accounts for approximately l0 acres of land, of the 41.81 acre total. The applicants are requesting modification of the initial approval, essentially to reduce the number of parcels from atotal of three (3) to atotal of (2) parcels. The northerly parcel would consist of approximately 22 acres, the southerly parcel approximately 18 acres. See narrative letter, page + Likewise, only one (1) additional well would be required, which the Division of Water Resources has approved, based on a West Divide Water Allotment Contract. See permit, page 5 . Access to the northerly parcel would be an existing drive and staff coniemplates no significant issues with this access. There is one issue of conjecture between staffand the applicant's surveyor, which does require further discussion and resolution. The Colorado River floodplair/meander land, shown on the Eshe-Life Estate Map, page b . has created a problem -for past owners who have been denied title insurance because of its location and floodplain/meander land designation. As staffunderstands the issue, apparently if this land is shown on a plat or described on a deed, a title company will not insure the deed/property. Because of this, the applicant's surveyor suggests this land not be shown on an exemption plat, as it may create more titular difficulties. It is staffs opinion that this land must be included on a plat as part of one of the parcels [the northerly parcel], since its exclusion could result in the creation of a lot by omission. To stafi it is completely irrelevant that a title company is reluctant to issue insurance due to the portrayal of the land, as it is, and as the parcel would be approved by the Board, since it is not the Board's obligation to guarantee the marketability of a parcel of land. The original approval instructed the applicant to designate a building envelope on the northerly parcel in the area that is not impacted by the floodplain/meander land and it is still appropriate to require this condition as part of a modified, conditional approval. In staffs opinion, a designated building envelope completely outside ofthe floodplain/meander land should be sufficient to resolve the issue. -l- rv. Incidentally, Board review ofthe modifications, in a public meeting setting, is required as the original approval was also conducted in the same setting. Therefore, this meeting does require notification as any other exemption meeting would. Assuming the floodplain/meander land issue is resolved, staff recommends APPROVAL of the petitioq pursuant to the following suggested findings and conditions (largely the same as the earlier conditions of approval): SUGGESTED FINDINGS l. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That 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 atthat meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the healttr, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDATION Staffrecommends APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. That the applicant shall have 120 days to present aplat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. That the following plat notes be included. "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification torecogntze the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety V. ) 3. 4 5. 6. Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements lor the required defensible space within building envelopes in areas exceeding five (5) percent grade. Additionally, a fire break of at least 60 feet shall be provided between buildings and native, non-irrigated, pinyon-juniper trees. " "LJpon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "The individual lot owners shall be responsible for the control of noxious weeds." That the new well be drilled and pump-tested for four (4) hours, with the results presented to the Planning Department along with a statement by the individual conducting the pump test that the well is capable of supplying the intended uses. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of a Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. The exemption plat shall identify a building envelope, for the northerly parcel, that is entirely outside of the floodplain of the Colorado River and the adjacent meander land, as identified on the Eshe-Life Estate Map, or other relevant map. That the entirety of the land subject to exemption be accounted for in the legal descriptions of the parcels and on an exemption plat. Ar ru o4N4 (-ott s^vr N\rt{ (/ooo 8 9. 10. tl,t,0 6€ € /'/ '7rL 6v 6 ,L€ 1 t. (/(W rcpr,," u fie ficc*ss Ar-o krtu //,(,**r, ff a, e ra( ilnn*r7r,fl.ot-'(<{,, o, /), /P-'o'' Atra'uQl ')l''lu* -3- GARFIELD COULYTY Bttilding and Planning October 22.1996 Mr. Ross Talbott 5178 County Road 335 New Castle. CO 81647 RE: Talbott Subdivision Exemption Amendments Dear Ross. Your son's application for a Subdivision Exernption has been scheduled for a public meeting before the Board of County Commissioners on November 12, 1996, at I I :30 a.m., in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs. CO 8 l60l . lt is suggested that you be present at the time of the meeting so you may answer any questions the Board may have. Copies of the enclosed exemption public notice fbrm need to be mailed by certitied return-receipr to all propertv owners adjacent to or.,vithin 200 ft. of yor-rr property at least l5 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return-receipt to owners of mineral rights, or lessees of mineral owners of record, of the land proposed for exemption. at least l5 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return-receipts from these mailings need to be presented at the time of the meetinq or submitted to the Plannine Deparlment prior to the rneeting The exemption site must also be posted with the enclosed Notice poster. visible fl-om a pLrbtic road, at least l5 days, but not rnore than 30 days, prior to the meeting. Please exarnine all enclosr-rres to verifiz their accuracy. if there are any inaccuracies, please contact this oftrce immediately. If you have further questions or concerns regarding the rneeting or public notice requirements. please contact this office. Sincerely, Eric D McCaft'erty Garfield County Planner Enclosures 109 8th Street, Suite 303 945-821 21285-7972 Glenwood Springs, Colorado 81601 Home Office n 1-970-625-3126 m10/14/96 (l)2:40 pM ZZtz BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COI-!I\TY, COLORADO AMENDMENT TO PETITION FOR EXEMPTION Pursuant to C.R.S. (1 973) Section 3O-?8-1 01 ( 10)(a)-(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Ross M. & Rebecca Talbott respectfully amend their petition to the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 40.81 acre tract of land into two tracts of approximately 18 and ?2 acres, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10)(a)-(d) and the Subdivision Regulations for the reasons stated below: The petition as approved is for three lots and requires the drilling of two new domestic wells. There is a purchaser for the two northernmost lots that were created who desires to use both as his personal residence, therefore these two lots are being combined into one lot. My understanding, in talking to the staff, is that by amending the petition to combine the two lots into one, all the requirements pertaining to two separate lots would logically be reduced to what is normal for one lot. That is, there would be only one additional well required, and no crossing, drainage, or other easement would need to be specified, as all lots would then front on county roadway, and no other interference or interdependence is anticipated. PETITIONER: Ross M. Talbott, Rebecca Talbott 10780 S.E. Sunnyside Rd. Clackamas, OR. 97015 s03-698-40 s3