HomeMy WebLinkAbout2.0 Staff Report 07.26.2019Director's Decision Exhibits
Tolan - Tiscornia Waiver Request from Water Body Setback
(Fi le GAPA-O 6-1 9-87 37)
7126t19
Applicants: Margaret Tolan & Santiago Mussi Tiscornia
Exhibit
Number
Exhibit Description
1 Public Notice Hearing lnformation Form & Attachments
2 Garfield County Land Use and Development Code, as amended
3 Garfield County Comprehensive Plan of 2030
4 Application
5 Staff Report
o Referral Comments from the Army Corp of Engineers
7 Floodplain Special Use Permit Resolution No. 92-109
8 Ranch at Roaring Fork HOA Approvals
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EXHIBITL
Gørfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
X
X
Mailed notice was completed on the 10 day of July 2019.
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.
x All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
Please attach proof of certified, return receipt requested mailed notice
My application required Published notice.
Notice was published on the daY of
Please attach proof of publication in the Rifle Citizen Telegram
20_.
tr My application required Posting of Notice.
Notice was posted on the daY of 20-.
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.
-. Maroaret TolanName:
Signatu re
Date:July 10,2019
,--,' Il,/-
PUBLIC NOTICE
TAKE NOTICE that Margaret Tolan and Santiago Mussi Tiscornia have applied to the
Community Development Department Director, Garfield County, State of Colorado, to
request approval of a Waiver Request from the 35 ft. Waterbody Setback; in Garfield
County; to-wit:
Legal Description: The property known as Lot 6, Elder Amended Plat, a Resubdivision of
Lots 47 - 63 Ranch at Roaring Fork lV, Filing No. Three, Recorded at Reception No.
476659 and further described in a Warranty Deed Recorded at Reception No. 9181 16 with
the Garfield County Clerk and Recorder'
Practical Description: The property is located within the Ranch at Roaring Fork
Developlnent approximately 2 miles east of the Town of Carbondale, off of Surry St.
(address to be determined). The property is 0.588 acres in size and is known by
Assessor's Parcel No. 2393-362-17-006.
Description of Reouest. The Applicant is requesting approval for a Waiver Request
from the 35 ft. Water Body Setback from wetlands on the property, to allow
development of a single family home on the lot, to be located entirely within the
approved building envelope as shown on the subdivision final plat. The approved
building envelope is 5 ft. from the wetland boundary and no changes to the buifding
envelope are being proposed. There will be no impact on the wetland area.
Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT
All persons affected by the proposed Waiver Request are invited to comment regarding the
application. You may state your views by letter or you may call the Community
Development Department at (970) 945-8212 regarding the application. The Director will
give consideration to the comments of surrounding property owners, and others affected, in
ðeciding whether to approve, approve with conditlons or deny the request. The application
may beleviewed at the office of the Community Development Department located at 108
Bth Street, Suite 401, Gafüeld County Plaza Building, Glenwood Springs, Colorado
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The file can also
be accessed at the following link and searching for (File No. GAPA-06-19-8737).
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The Director will make a decision on this application on July 26,2019. Any comments to
be considered must be received prior to that date'
Comm unity Development Department
Garfield County
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VICINITY MAP
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Gurfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with øny opplicøtion for a Land Use Chønge Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. $ 24-65.5-L01,etseq,
requires notification to mineral owners when a landowner applies for an application for development from 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(EX1Xb)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. 5 24-65.5-10I,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant cert¡f¡es that m¡neral owners have been researched for the subject property as
required pursuant to C.R.S. 5 24-65.5-10L, et seq, and Section 4-101 (EX1XbX4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the folfowing (Pleøse initial on the blank lÍne next to the støtement thøt occurately reflects the result ol
reseørch):/
-V- I o*n the entire mineral estate relative to the subject property; or
-
Minerals are owned by the parties listed below
The names and addresses of anyand allmineralowners identified are provided below (attach additionalpages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. S 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
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Applicant'
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Date
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EXHIBITIItooo6
PROPE RTY OWN ER/APPLI CANT
irector's Decision 7 1261 19
GAPA-06-19-8737
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Administrative Review Waiver Request from
Water Body Setback
Margaret Tolan and Santiago Mussi Tiscornia
2393-362-17-006ASSESSOR'S PARCEL #
PROPERTY SIZE Approximately 0. 588 acres
LOCATION The site is located approximately 2 miles east
of the Town of Carbondale, within the Ranch at
Roaring Fork Subdivision, located off of
Highway 82 on Surrey St. with an address to be
determined at the time of building permit.
LEGAL DESCRIPTION The property known as Lot 6, Elder Amended
Plat, a Resubdivision of Lots 47 - 63 Ranch at
Roaring Fork lV, Filing No. Three, Recorded at
Reception No. 476659 and further described in
a Warranty Deed Recorded at Reception No.
918116 with the Garfield County Clerk and
Recorder.
ACCESS Private Roads within the Ranch at Roaring
Fork Subdivision. Direct access is off of Surrey
st.
EXISTING ZONING Planned Development (PUD)
I. GENERAL PROJECT DESCRIPTION
Section 7-203 Protection of Water Bodies includes are requirement for a 35 ft. setback
from the typical and Ordinary High Water Mark for a Water Body. This section of the
code also prohibits removal of vegetation within the 35 ft. setback and disturbance of
1
existing natural surface drainage characteristics and flow patterns. Article 15, Definitions
includes wetlands under the definition of Water Body.
The Applicant is requesting approval for a Waiver Request from the 35 ft. Water Body
Setback from wetlands on the property, to allow development of a single family home on
a lot created and approved by the Elder Amended Plat within the Ranch at Roaring Fork
Development. The proposed improvements on the lot are to be located entirely within
the approved building envelope as shown on the subdivision final plat. The approved
building envelope is minimum of 5 ft. from the wetland boundary and no changes to the
building envelope are being proposed. The Applicant is proposing no impacts to the
documented wetland area.
II. BACKGROUND
The Applicant is in the process of applying for a building permit and will be subject to all
building code requirements. A Floodplain Development permit was approved by
2
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Resolution No. 92-109 allowing for the placement of fill on the property and requiring the
elevation of building on the property to 1 ft. above the 100 Year Flood Elevation. The
Application reflects compliance with all conditions of the Floodplain Development Permit.
III. AUTHORITY
A. The Land Use and Development Code Section 4-118 contains regulations and
review criteria specific to waivers from Standards. Table 4-102 contains details on
processing waiver requests including where a waiver is associated with a Use by Right
it is processed as an Administrative Review with appropriate public notice.
B. Review Criteria for waiver requests from standards is contained in Section 4-118
LOCATION . SITE DESCRIPTION
The site is located within a platted subdivision, the Elder Amended Plat, as part of the
Ranch at Roaring Fork Development. The developable portion of the lot, within the
building envelope, is generally level and reflects a significant grade change from the
street level. This anticipates an area of placement of fill or other means of elevation
3
(c)
tv.
pursuant to the original Floodplain Development Permit. The balance of the site reflects
native vegetation including areas of previous wetlands mitigation associated with the
Elder Amended Plat approvals. The area within the building envelope reflects low growth
of native shrubs and has been partially cleared to facilitate soils evaluation/testing.
At the boundaries of the building envelope apparent wetlands vegetation was noted
consistent with the wetlands designations reflected on the final plat approvals. This area
of vegetation is very dense. A live water body, known as "Sopris Creek" runs along the
southerly boundary of the lot and is more than 80 ft. from the building envelope. The
Applicant's proposal is in compliance with setbacks from "Sopris Creek", the closest live
stream.
V. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Director's Decision in accordance with the Garfield
County Land Use and Development Code as amended. The Applicant has provided
public notice documentation and a mineral rights research statement in accordance with
the Land Use and Development Code. No public comments were received.
Referrals were sent to a number of agencies with comments summarized below:
1. Army Corp of Engineers, Travis Morse: Provided that the Corps has no comment if
the proposal does not invovle impacts to weland or other jurisdictional water of the
U.S.
2. Colorado Parks and Wildlife: Did not provide comments
3. County Vegetation Manager: Did not provide comments, however, a condition of
approval is recommended to address coordination with the County Vegetation
Managaer on re-vegetation and weed mitigation.
4. County Chief Buildiing Official: Did not provide comments, however, staff is
coordinating directly with the Building Department on the waiver request and related
Floodplain Permit compliance.
VI. STAFF COMMENTS AND ANALYSIS
Section 4-118 (C) Waiver Review Criteria
1. lt achieves the intent of the subject standard to the same or better degree
than the subject standard;
4
a. The developer of the Applicant's property has obtained all required approvals and
permits from the Army Corp of Engineers for development and placement of fill on
the Applicant's property. Compliance with said approvals shall be required.
b. The Applicant's proposal is consistent with the approved plat and building envelope
designation. All improvements are to be located within the building envelope.
c. No impacts to or removal of wetlands vegetation as shown on the approved wetlands
delineations formalized at the time of subdivision are proposed.
d. The Application is also in compliance with setback requirement of 35 ft. from the live
stream located adjacent to and west of the building envelope.
e. Fencing and protection of wetlands boundary and building envelope shall be
required.f. Best Management Practices for stormwater protection will be required for site
management at the time of building permit. This may include silt fencing as
appropriate.
g. The foundation design and the use of pier for a portion of the structure will further
reduce the potential for impacts on wetlands.
h. Staff supports a finding of compliance with the above criteria
EXCERPT FROM ELDER
AMENDED PLAT
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2. lt imposes no greater impacts on adjacent properties than would occur
through compliance with specific requirements of this Gode.
a. The development is limited to within the approved building envelope as platted and
approved for the subdivision.
b. Building envelopes were established for all lots within the subdivision and the
applicant's proposal is consistent with the approved plat.
c. No structures are proposed outside of the envelope.
d. All other setbacks consistent with the Planned Development approval and plat are
being maintained.
e. Staff supports a finding of compliance with the above criteria.
VII. ADDITIONAL STAFF COMMENTS tr
1. Compliance with the conditions contained in Resolution No. 92-109 will be
required including elevation of the lowest finished floor of the structure to a
minimum of 1 ft. above the 100 year floodplain elevation.
2. lnput from the County Attorney's Office noted the creation of the existing
building envelope by the approved subdivision plat.
3. While the County does not regulate private covenants, the Applicant has
represented that they have completed design review for the Ranch at Roaring Fork
and obtained approval from the Homeowners Association.
4. Grading and drainage plans shall be required at the time of building permit
in accordance with Building Department requirements.
5. The Applicant shall be required to contact the County Vegetation Manager
to coordinate re-vegetation and weed control efforts.
VII. SUGGESTED FINDINGS
The following suggested findings support an approval of the requested Flood Plain
Development Permit.
1. That proper public notice was provided as required for the Director's Decision,
including a determination of substantial compliance regarding notice to mineral rights
owners.
6
2. Consideration of the Application was extensive and complete, that all pertinent
facts, matters and issues were submitted and that all interested parties were given the
opportunity to provide input prior to the Director's Decision.
3. That for the above stated and other reasons the proposed Waiver from the Water
Body Setback consistent with the approved building envelope for the Tolan Tiscornia
Property, Lot 6 of the Elder Amended Plat is in the best interest of the health, safety,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoptions of conditions the application has adequately met the
requirements of the Garfield County Land Use and Development Code, including the
Section 4-118 (C) Review Criteria for a Waiver of Standards.
VIII. RECOMMENDATION
Staff supports a Director Decision approving the Tolan Tiscornia Application for a Waiver
from Section 4-203 Water Body Setback on Lot 6 of the Elder Amended Plat, based on
the finding and subject to the following conditions:
1. That all representations made by the Applicant in the application, including the
site plan for development of the proposed single family residence shall be conditions of
approval unless specifically altered by the conditions of approval.
2. That the Applicant shall comply with all applicable regulations including FEMA
and Army Corp of Engineers Regulations, and all existing permits and approvals
including the Flood Plain Development Permit approved by Resolution No. 92-109 and
all Army Corp of Engineering permits, approvals, and conditions applicable to the
proposed development.
3. That the Applicant shall comply with the following conditions:
a. All structures shall be contained within the building envelope designated on the
approved subdivision plat for the Elder Amended Plat, recorded at Reception No.
476659. Site disturbance outside the building envelope shall not impact any areas
of wetlands and shall be revegetated after construction.
b. The wetlands boundary shall be protected by temporary fencing located between the
wetlands and the building envelope. The Applicant shall provide ongoing monitoring
of the site and fencing during construction and shall mitigate for any observed impacts
outside the building envelope.
7
c. The Applicant shall utilize silt fencing or similar methods to protect the wetlands from
soil erosion and sedimentation.
d. The Applicant shall utilize a foundation detailthat reduces site impacts and minimizes
impacts adjacent to the edge of the building envelope generally consistent with the
Applicant's proposal.
4. During the construction period and prior to certificate of occupancy, the Applicant
shall contact the County Vegetation Manager, Steve Anthony and comply with
requirements for weed management and re-vegetation as necessary on the site.
8
VIEWS OF THE SITE
(stacking generally reflects area of the Building Envelope
9
10
EXHIBIT
bbôo6
Glenn Hartmann
From:
Sent:
To:
Subject:
Morse, W Travis CIV USARMY CESPK (USA) <w.travis.morse@usace.army
Friday, July 05, 2019 2:20 PM
Glenn Hartmann
IExternal] RE: Tolan Tiscornia Waiver Request
l>
HiGlenn,
The Corps has no comment if the proposal does not involve impacts to wetlands or other jurisdictional waters of the U.S
Sincerely,
Travis Morse
Senior Project Manager
Colorado West Sect¡on
U.S. Army Corps of Engineers
400 Rood Avenue, Room224
Grand Junction, Colorado 81501
(97 O1 243-1199 ext. 1014
Please provide us with your feedback by filling out a customer survey at
https://urldefense.proofpoint.com/v2/url?u=http-34-corpsma pu.usace.a rmy. mil-cm-5Fapex-f-3 Fp-3Dregulatory-
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vSA_CdpgnVfiiMM&r=5SbK_O5Hl-.lelqjeYQmYYcg45dlj2YRehkCgiQs6afFik&m=-iPrbqR6maeAfKHlYofgLTeowzu-8o6KcFz
kBaQzca k&s= U q3 U l p BEg3 bSpG I F0Lbg LTwVXxaTJA-P3 u6ye KGcLLA&e=
For more information about our program, you can visit our website at https://urldefense.proofpoint.com/v2/url?u=http-
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v5A_CdpgnVfiiM M&r=55bK_O5HHelqjeYQmYYcg45dlj2YRehkCgiQs6afFik&m=_iPrbqR6maeAfKHLYofgLTeowzu-8o6KcFz
kBaQzca k&s= EwWblh N5wZe DtugBbFRhAfYZqSTEYl-8-hJ pL8 LZbZY&e=
pleasenote:Ourout-of-officenotificationhasbeendisabled. Aslmaybeoutoftheoffice,pleaseallowthree-business
days for a response before calling the main office for assistance at97O-243-1t99.
-----Origina I Message-----
From : G lenn Ha rtmann Ima ilto:gha rtmann @ga rfield-county.com]
Sent: Friday, July 5, 20L9 2:1.5 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Steve Anthony
<santhony@garfield-county.com>; scott.hoyer@state.co.us; Taylor Elm - DNR <taylor.elm@state.co.us>; Morse, W
Travis CtV USARMY CESPK (USA)<https://urldefense.proofpoint.cam/vL/url?u=http-3A-w.travis.morse-
40usace.a rmy.m i l&d=Dwl FAg&c=e uGZstcaTDl lvi m E NSbTjXrwqOf-
vSA_CdpgnVfiiM M&r=5SbK_O5HHelqjeYQmYYcg4Sdlj2YRehkCgiQs6afFik&m=-iPrbqR6maeAfKHLYofgLTeowzu-8o6KcFz
kBaQzca k&s=XM-J Lvqj l5G Rn h3 M LAK-QTB N qjOgfDP4H e9JGAHadfE&e=>
Subject: [Non-DoD Source] FW: Tolan Tiscornia Waiver Request
1
REFERRAL AGENCIES:
EXHIBIT
7
Dr¡u( 85O PAGr515
Th¿i the hearing befo¡e the Board of county commissionefs was ¡xte1s{e anf
complete, thaf all pqrtinent facts, matters and issues were submìtted and that all
inlerested partieò were hearcl at that hearing.
3. That fhe application is in comptiance wilh the Garfield County Zontng Resoiution of
I978, as amended.
4- For tbê above stated and other reasons, the proposed use is fui the best interest of the
health, safety, morals, convenience; order, prosperity and welfare of the citizens of
Garfîeld CountY.
NOV/, THEREFORE, BE iT RESOLVED by the Board of Counly Commissiòners of Garfield
County, Colorado, that the Special UsePermilbe and hereby isauthorized permitting to allow lorthe
placement of frli & compensatory mea$rqç witþin the regulated fìoodplain, upon the following specilic
conditions:
AI1 proposais of the applicant shall be considered conditions of apploval unless stated
otherwise by the Board of County Commissioners.
All required buüdìng permits wili be obtained, Elevation certificates wül be requ{ed
to ensure Lhat all structures will be located at leasl one (i) foot âbove the.floodplain line
inrJicated on üe bluelines subrnitted with the application'
3. Driveways ancl.roads'wili conform to Garfield Counly Roatl Staldatdl.
4. Lot 11 ('Elder Lór') will appear or rhe Final Plat. A pìat note will be:included, as
follows:
"T-ot 1l is cpnsid"tt¿ unbttildable, subject to'Arrriy Corp-s of Engineers 404
permit and conformance,with Garfield County Floodplain Regulsfi6n,s, âs
aniendedi'.
A Subd.ivision lmprovements Agreement and appropriaie security will be required prior
to approval of the'Fi¡al Piat.
:
Fisherman easements and ulility easements will appear on the Final Plat.
Dated this'¿Þ!- day of A.D, ß .9?
ATTEST:GARFIELD COUNTY BOARÐ OF
COMMISSIONERS, GARFIETD
COI]NTY, COLORADO
2iç'.
2..
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6
of the'Boâ¡d' ,
Chairman Pro fem
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
vote:
AI,É
Aye
Aye
Abgent¡tr,nold L -üacklev
ian I-snit.h
srATE OF COLORADO )
)ss
County of Garfield )
r , County Clerk and ex:oflrcio Clerk of the Board of County
Commissioners in an¿ for tná County and State aforesaid do hereby certify that the annexed and
foregoing Resolution is truþ copied lrom the Records^of the Procæding of the Board of County
Co**istiooers lor saicl Garfield County, now in my office'
INV/ITNESS \¡VT{EREOF, I have hereunto set my haad and afÏïxed tfie seal of said county'
al Glenwood Springs" this -- day of ' A'D' 19-'
County Clerk and ex-officio Clerk of the Board of Counly Commissioners
EXHIBITt!.oôg
MANAGER APPROVAT "m¡nor chonge"
--- Monoger opproves os submilled.
-._*-- Monoger opproves wilh the fotlowing condilions:
-
Monoger declines opprovol for lhe following reoson{s}:
- -- lnsufficieni deiail Provided
-- DescripTion of work is not clecr
-'.-'.'- Does noi cornply wilh Associclions Governing Docurnenls becouse:
Monoger Signo
NECOMMENDATION & DECISION
All opprovols ore subject lo the Owner': Acknowledgement ond Agreemenas in the this Applicot¡on ond to oll provisions of
oll Governing Ðocumenls os defìned ìn the Associotion's Archilecturo! Guidelines cnd Procedures lAmended ond Resloied
Remodel or New Construction: Change ¡n Property Applicât¡on
4
ð
COMMITfËE NDATION
Committee recommends os submitled
Commillee recommerlds wilh the followìng condilions:
Commillee recornmends ogoinsl for lhe following reoson{s):
-. --- - lnsufficienl deloilprovided
.-- DescriPtion of work is nol cleor
,_*-. Does nol comply wilh ASSoCiOlic¡ns Governing Documents becouse
AAC Represenlofive
BOAND DECISION
"l;-- Boord oPproves os submiited.
-BoordapproveswilhCommiltee.srecommendedconditicrns.. __ BoorO opproves wilh lhe following odditionolor chonged condilions
tive Si
(l
IBoord
-*
Boord does nol qBprove for lhe the Commiltee ond/or the tollowing