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HomeMy WebLinkAbout2.0 Staff Report Director's Determination 07.05.13Director's Determination 07/05/13 MOL PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Amended Final Plat - Antlers Orchard Development, Tract 4, Tract 13, and a Portion of Tract 3 situated in Lot 2 (FPAA 7584) APPLICANTS (OWNERS): Stephen and Susanne Self; Sharon Fazzi; Paul and Connie Ritter; and, Freddie Fazzi REPRESENTATIVES: Stephen Self and Paul Ritter LEGAL DESCRIPTION: PRACTICAL DESCRIPTION: EXISTING LOT SIZES: ZONING: Stephen and Susanne Self: 1098 County Road 214 (Parcel No. 2179- 031 -00 -006); Sharon Fazzi: 1090 County Road 214 (Parcel No. 2179- 031 -00 - 002); Paul and Connie Ritter: 1104 County Road 214 (Parcel No. 2179- 031 -00 -007; and, Freddie Fazzi: 1240 County Road 214 (Parcel No. 2179- 031 -00- 001). Adjacent to and northwest of the Town of Silt Parcel No. 2179 - 031 -00- 006 /Parcel 1: 8.9 acres; Parcel No. 2179 - 031 -00- 002 /Parcel 2: 1,07 acres; Parcel No. 2179- 031 -00- 007 /Parcel 3: 7.32 acres; and, Parcel No. 2179 - 031 -00 - 001 /Parcel 4: 6.78 acres Rural IN r {i0111fr nnm` L GENERAL PROJECT DESCRIPTION The four Applicants seek to amend various lot lines to coincide with the existing fence lines on their properties which have been used to define their parcels over the years. With this amendment, the subject lots shall have the following acreages: Parcel 1: 8.977 acres; Parcel 2: 1.146 acres; Parcel 3: 7.310 acres; and, Parcel 4: 6.682 acres. All of the subject properties are located within the Antlers Orchard Development. This application was determined to be complete on June 7, 2013 and a Director's Determination date set for July 5, 2013. II. LOCATION AND SITE DESCRIPTION The subject lots are located north and adjacent to the Town of Silt. These parcels are developed with residential homes. III. ZONING AND ADJACENT LAND USES The subject parcels are zoned Rural and the zoning of the surrounding properties are as follows: north: Rural; east: Rural; southeast: Agriculture - Rural; south: Rural; and, west: Rural. Surrounding land uses are agricultural and residential. IV. REFERRAL AGENCY COMMENTS Staff referred the application to the following County Departments for their review and comment and as per Section 4 -103 (B)(2)(c) and 4 -103 (B)(3), the Applicant is required to notify adjacent property owners of the proposed application. Comments received are noted below. • Garfield County Surveyor — Exhibit A • Garfield County Road and Bridge Department — Exhibit B • Adjacent Property Owners — No comments received. V. REVIEW STANDARDS & STAFF COMMENTS The Amended Final Plat Application is being processed in accordance with Section 5 -304, Amended Final Plat and Section 4 -103, Administrative Review of the Unified Land Use Resolution of 2008, as amended (ULUR). The criteria used to review the application are set forth in Section 5 -304 (C) and includes: 1. Does not increase the number of lots. Staff Comment: No new lots are created. The lot lines are being adjusted to match the existing fence line. 2. Does not result in a major relocation of a road or add 1 or more new roads. Staff Comment: Adjusting the lot lines does not result in the relocation of or add any new roads. 3. Will correct technical errors such as surveying or drafting errors. Staff Comment: Not applicable. VI. RECOMMENDED FINDINGS Should the Community Development Department Director approve the request to Amended the Final Plat for the Antlers Orchard Development, Tract 4, Tract 13, and a Portion of Tract 3 situated in Lot 2 through the Amended Final Plat Review, staff suggests the following findings: 1. That the proper public notice was provided in accordance with Section 4 -103 of the Unified Land Use Resolution of 2008, as amended. 2. That the review of this application was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties had an opportunity to be heard before the given Director's Determination approval date of July 5, 2013. 3. That for the above stated and other reasons the proposed amended final plat are in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the recommended conditions, the application will be in general conformance with the 2030 Comprehensive Plan. 5. That with the recommended conditions, the application will adequately meet the 2 requirements of the Garfield County Unified Land Use Resolution of 2008, as the same has been amended at the time the application was deemed by the Community Development Department to be technically complete. IV. STAFF RECOMMENDATION Staff supports the finding that the Amended Final Plat Application for the amended Parcels 1 -4 satisfies the requirements and standards of the Garfield County ULUR and recommends that the Director of Community Development approve the requested Final Plat Amendment with the following conditions: 1. That all representations of the Applicants shall be considered conditions of approval unless amended herein. 2. That prior to scheduling the Final Plat for Board of County Commissioner signature, the Applicant shall complete the following required plat changes: a) Remove the Plat Notes as provided and replace with a plat note stating "All plat notes set forth on The Antlers Orchard Development Company's Plat No. 1 recorded at Reception No. 37488 and any amendments thereto applicable to the tracts described in this Amended Plat, shall remain in effect." b) Add a "Site Data Summary" that indicates the acreage of each of the existing platted lots and acreage of each of the amended lots; c) Under the following certificates revise the following: Certificate of Dedication and Ownership • Amend to reflect the wording in the County's Certificate; Add the "(seal)" next to the Notary Public Add "Owner:" next to the land owner's name and "Address:" next to the land owner's address. Lienholder Consent • Correct the spelling in "Lienholder Consent "; • Amend to reflect the wording in the County's Certificate • Add "(seal)" next to the Notary Public County Commissioner's Certificate • Amend to reflect the wording in the County's Certificate. Title Certificate • Amend to reflect the wording in the County's Certificate. County Surveyor's Certificate • Amend to reflect the wording in the County's Certificate. Surveyor's Certificate • Amend to reflect the wording in the County's Certificate. 3. All requirements from the County Surveyor shall be met prior to submittal of the plat for final execution. 3 4. All requirements from the County Attorney's office shall be met prior to submittal of the plat for final execution. 5. That prior to scheduling the plat for Board of County Commissioner's signature, the Applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder and County Surveyor. 6. Within 90 days of this determination the Amended Plat shall be signed by the Chairman of the Board of County Commissioners and recorded in the office of the Garfield County Clerk and Recorder. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado State Law, and approved by the County Surveyor. 4 To: Scott Blackard - Sexton Survey Company From: Scott Aibner -- Garfield County Surveyor EXHIBIT 741/4 Garfield County SUR VEYOR SCOTT AMER, P.L.S Subject: Plat Review — Amended Plat of Antlers Orchard Development Tract 4, Tract 13 and a portion of Tract 3 Date: 07/02/2013 Scott, Upon review of the Amended Plat of Antlers Orchard Development Tract 4, Tract 13 and a portion of Tract 3 plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from the Community Development Department have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development Department 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 Garfield County Surveyor cc Molly Orkild- Larson — Community Development Department 109 8 th Sheer ,Suite 1008 • Glenwood Springs, 0081601 • (970)945 -1377 e- mail :saibner @garfield! counlycom M Orkild- Larson From: Wyatt Keesbery Sent: Tuesday, June 25, 2013 12 :30 PM To: Molly Orkild- Larson Subject: Antlers Orchard Molly, EXHI BIT I have reviewed the proposed Antlers Orchard Amendment to tracks 3,4,and 13. Road and Bridge has no issues with this realignment, as it will not affect the county road in anyway, and it is in a private subdivision. Wyatt Kee4 y Garfield County Road & Bridge District Foreman 0298 C.R. 333A Ri.11c, Co. 81650 (Mice: 970 -625-3601 Cell: 970 -309 -6073