Loading...
HomeMy WebLinkAbout2.0 Director's Determination 12.19.2014Community Development Strcct. Suite -U)1, (;lcnwtaod Spring.. CO K160: O1`fic : 971)-945-f 212 fax.: 970-384-3470 December 19, 2014 Kevin and Barbara Cyr 0160 Pine Street Carbondale, CO 81623 cyrbarbara@gmail.com Reference: Cooperton Amended Plat, Block 3, Lots 1-11 and Block 2, Parcel 1 Garfield County File No. FPAA834 Dear Kevin and Barbara: This letter is provided to you as owners and authorized representatives for the Amended Plat request for the Cooperton Townsite. The intent of the request is to amend the common lot line between the two parcels. Your Application has been reviewed in accordance with the Administrative Review procedures contained in the 2013 Land Use and Development Code as amended (LUDC). Said provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is based on Findings #1 - #5 outlined below. 1. That proper public notice was provided as required for the Director's Decision. 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 amended plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 1 Comprehensive Plan, as amended. 5. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. The Director's Decision is hereby issued approving the Application subject to the following conditions: 1. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The plat mylar shall be signed by the Board of County Commissioners and recorded within 90 days of this approval. 3. Prior to creation of a plat mylar, the draft plat shall be amended based upon Planning staff comments contained in a letter dated December 8, 2014 and attached as EXHIBIT F. 4. Prior to creation of a plat mylar, the draft plat shall be amended based upon County Surveyor comments contained in an email dated December , 2014 and attached as EXHIBIT G. This decision will be forwarded to the Board of County Commissioners for review to determine if additional review is required through a public hearing. If no request for call-up is received within 10 -days the Director decision shall be final. Please contact the Community Development Department if you have any questions regarding the Director's Decision and the conditions of approval. Sincerely, Tow reA. A-1 W, f,i, rete( .►-� ,�� Fred Jarman,'AfCP Director, Community Development Department cc: Board of County Commissioners 2 Director Decision, December 19, 2014 Exhibits — Amended Plat - Cooperton Townsite Block 3, Parcel 1-10 and Block 2, Parcel 1 Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Letter dated December 8, 2014 from Planning Staff regarding plat comments G Email dated December 10, 2014 from Scott Aibner, County Surveyor II I J K L M N 0 P Q R S T U 0 a I— d a� wo Uv W� CC= J; V QFti cn ❑ O O CL C cn w �Uo EXHIBIT 1 F� m 0 Certified Fee Total Postage & Fees 965E L690 2000 09hE ETOL T60L L690 2000 09hE 2'COL hQOL L690 2000 09hE 2TOL C 8 0. 0 0 0 a M Certified Fee 4{} Total Postage & Fees aan»ran annn n9hE 220E a- p o 69 m 0 Certified Fee Total Postage & Fees 965E L690 2000 09hE ETOL T60L L690 2000 09hE 2'COL hQOL L690 2000 09hE 2TOL C 8 0. 0 0 0 a M Certified Fee 4{} Total Postage & Fees aan»ran annn n9hE 220E C1 2 I—Q. a. n3t1 W o'o Uv W CC c .7:C CI O W LL z cc WE cl CD m mgmg as Lu m ri um um a c`� a '� wti fa -Cr• e ---)o 8 8 *4 `o' ' c r -i o o r^i 69. Efl Total Postage & Fees LL0L L690 2000 09hE 2TOL 9269 L690 2000 091-1E 2TOL E 0 0 0. d 3 O toLL 64 05 0 0. Certified Fee I. Total Postage & Fees 685L L690 2000 09hE 2TOL Total Postage & 209L L690 2000 09hE 210L nr-r i r nn -,innn rim t- ,mn 1 City, State, ZIP+4 Or 4:r+ oa CD .....e....__ -i tft 8 8 *4 8 Q H'4 ct--• ri *5. 69- T 1,71,9 1 [,an Certified Fee •5 Form 3800, • ugust 200e y 69 EA - Certified Fee Total Postage & Fees L a z 9002. L690 2000 09hE 2T0L r LI -.1 `t 1 69 r4 69. Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 91-10L L690 2000 09hE 210L nano )Lon n u, Prim) .y CJ 69 0 0 6E0L L690 2000 09hE 2T0L 6) a 4 FA - C.5 U ti :�r ��. 5669 L690 2000 09hE 2T0L suoilonalsui ao; asaanaa aas t 91-8 07 900Z1sn6nv '00BE wand Sd -y� 3 � 6+dIZ'ale1S 'APO a (Y 7n © -0N Xos Od J0 J - 1-T _'.olJ - yaa�7S l R eaaM 1 J., )peugs .S` 01 lu0s saad g a6elsodlelol (pannbaa luawesaopu3) ead /uenpap paloulsau (paainbad luawasaopu3) and ldiaoeu =old aad payiyaO aBelsod ie T$ 03 37)4141341V3 owoo'sdsmmmm le alisgam ino )ism uo(3ew9o;ui tiani)ap Jod (pap►noJd a5eianoo aaueJnsuj oN Au0 Iie`y oiasawoa) 1dI3338 a3ldlla33 "ia3VueS Ie}sod 'S'(1 --I ru w Er O O O nJ O 0- -0 in Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the c7, day ofZecerrtQet- , 2014. ✓ 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. 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. O My application required Published notice. Notice was published on the day of , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. ❑ My application required Posting of Notice. Notice was posted on the day of , 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 1 testify that the above information is true and accurate. Nameirlcztla cyic &IA,Signature tret,e,e,...... Date: % 1 10 /40) V PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LOCATION LEGAL DESCRIPTION ACRES PARCEL NUMBERS ZONING EXHIBIT Administrative Review — Amended Final Plat Cooperton Townsite, Block 3, Lots 1-11 and Block 2, Parcel 1 Kevin and Barbara Cyr, Christopher Follen and Katherine Rosen West of the Town of Carbondale, south of the Roaring Fork River Cooperton Townsite, Block 3, Lots 1-11 and Block 2, Parcel 1 Block 3, Lots 1-11 — 50,575 sq ft (1.16 -acres); Block 2, Parcel 1 — 22,120 sq ft (.5 -acres) Residential Urban (RU) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval of an amendment to portions of the Cooperton Townsite (also known as Satank) described as Block 3, Lots 1-11 (Cyr Parcel) and Block 2, Parcel 1 (Follen/Rosen Parcel). The homeowners would like to decrease the Cyr parcel by approximately 550 square feet which would increase the Follen/Rosen parcel 1 by 550 square feet. II. DESCRIPTION OF THE SITE Cooperton Townsite Amended Plat Director Decision 12/19/2014 KE As you can see from the above aerial photography these parcels are located south of the Roaring Fork River, east of the Town of Carbondale. Cooperton is a townsite located within the jurisdiction of Garfield County and is this townsite is administered by the County similar to a `subdivision', whereby a request to amend a lot line requires an amended plat be approved by the County and recorded with the Clerk. III. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: Garfield County Surveyor (EXHIBIT G): The County Surveyor had no comments. IV. APPLICABLE REGULATIONS A. The Land Use Code specifies review criteria and submittal requirements in Sections 5-305 and Table 5-401 of the Lancl Use and Development Code, and stipulates that an Amended Final Plat requires Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. V. STAFF ANALYSIS AND CRITERIA Staff has analyzed the proposal for an amended final plat and have found that the request meets the following review criteria: 5-301. AMENDED FINAL PLAT REVIEW. C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. VI. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Amended Final Plat is in compliance with the Land Use and Development Code so long as conditions of approval are met as follows: Cooperton Townsite Amended Plat Director Decision 12/19/2014 KE Suggested Findings 1. That proper public notice was provided as required for the Director's Decision. 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 an opportunity to provide input prior to the Director's decision. 3. That for the above stated and other reasons the proposed amended plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Recommended Conditions of Approval 1. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by Director. 2. The plat mylar shall be signed by the Board of County Commissioners and recorded within 90 days of this approval. 3. Prior to creation of a plat mylar, the draft plat shall be amended based upon Planning staff comments contained in a letter dated December 8, 2014 and attached as EXHIBIT F. 4. Prior to creation of a plat mylar, the draft plat shall be amended based upon County Surveyor comments contained in an email dated December 10, 2014 and attached as EXHIBIT G. 3 December 8, 2014 Kevin and Barbara Cyr 0160 Pine Street Carbondale, CO 81623 cvrbarbara(c�amail.com Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 EXHIBIT Reference: Cooperton Townsite Plat Amendment — Block 3, Lots 1-11 and Block 2, Parcel 1 - Garfield County File Number FPAA8134 Dear Kevin and Barbara; Staff has reviewed the submittal documents for the proposed plat amendment and requires the following plat revisions: 1. Amend the title of the plat to read: Amended Final Plat Cooperton Townsite Block 3, Lots 1-11 and Block 2, Parcel 1 Garfield County, Colorado 2. A vicinity map is required on the plat. 3. Amend the Certificate of Dedication and Ownership to combine the legal descriptions and owners of property contained within this plat. A single Certificate of Dedication and Ownership is required with the comprehensive information is one certificate. 4. Amend the Board of County Commissioner Certificate to include all of the required language to match the attached County certificate. 5. The plat must include all easement with a description of use and ownership of the easement. This includes any ditches that may be in existence (but not recorded) within the area of the subject parcels. Reference the title commitment on the plat. 6. Label the lot lines as existing and proposed to clearly delineate the request. 7. Add Reception No. 452845 to the plat note regarding the purpose of the plat. 8. Remove the Building Envelope Line from Parcel 1. The Townsite of Cooperton does not have building envelopes and this appears to be a delineation of the County required setbacks. Setbacks are reviewed and administered differently from building envelopes. 9. Provide the required margins - 2" on the left and 1/2" on remaining sides. 10. Name, located and width of right-of-ways are required. The widths are not provided on the plat. 11. Location, width, purpose and owners of all easements are required. A ditch centerline is indicated on the plat but the ditch does not seem to begin or end anywhere. Please provide additional information regarding the ditch — is it an irrigation ditch? If so, a maintenance easement must be created pursuant to Section 7-201 E. (3) of the 2013 Land Use and Development Code, as amended (LUDC). 12. There appear to be mortgage holders on the properties. A Deed of Trust exists on the Follen/Rosen property. Please add the required certificate for Leinholder Consent so that the mortgage company signs the plat. Please verify whether or not a mortgage holder exists for the Cyr's. Please provide these comments to your surveyor to complete these changes. The County Surveyor will provide their comments directly to your surveyor. Once all of the changes have been made, and the director decision issued, the mylar may be printed and signatures obtained. Feel free to contact me with any questions. Sincerely, Kathy Eastley, AICP Attachments CC: Kelly Cave, Assistant County Attorney File EXHIBIT Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Sydney Lincicome - Lines In Space From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Townsite of Cooperton Amended Plat of Lots 1-11, Block 3 & Parcel 1, Block 2 Date: 12/09/2014 Sydney, Upon review of the Townsite of Cooperton Amended Plat of Lots 1-11, Block 3 & Parcel 1, Block 2 plat, 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 Garfield County Surveyor cc Kathy Eastley -- Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • Fax.' (970)384-3460 • e-mail:saibner@garfield-countycom