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HomeMy WebLinkAbout2.0 Staff ReportFile No. FPAA-8014 Director's Determination DP — 10-3-2014 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION DESCRIPTION OF REQUEST ZONING Amended Final Plat Clydell and Janet L Bowen Deric Walters (Boundaries Unlimited) Steven L. Smith Creek Side Estates Subdivision Lot 3, County of Garfield, State of Colorado 106 Creek Side Drive, Rifle, CO (Parcel Number 212719301003), Amend the Final Plat for Lot 3 of Creek Side Estates Subdivision to abandon a section of drainage easement and enlarge the building envelope. Rural RECOMMENDATION Approval with Conditions I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting to amend the final plat of Creek Side Estates Lot 3 in order to abandon a portion of the drainage easement along the northern portion of the lot (between Lots 3 and 4) and enlarge the building envelope. The lot was previously amended to enlarge the property, however the building envelope and drainage easement were not amended at that time. The intent of the amendment is to accommodate a garage and shop within the building envelope. There is currently a single family dwelling on Lot 3 that is owned by Clydell and Janet Bowen. No changes are proposed to the existing access or utilities as a result of the amended plat. In addition, no nonconforming conditions have been identified that will be a result of this plat amendment. The Applicant requested a waiver from the submittal requirements for an Improvements Agreement. This request is deemed appropriate for the Application as no new improvements are proposed or required as a result of the Amended Plat. II. AUTHORITY — APPLICABLE REGULATIONS The Amended Final Plat Applications are being processed in accordance with Section 5- 305, Amended Final Plat Review and Tables 5-103 Common Review procedures. Section 4-103 and 4-101 address details of the review procedures. The Application has been determined to be complete including the waiver request addressing the fact that an Improvements Agreement is not warranted for the Plat Amendment Request. Public notice was required for the Director's Decision in accordance with Sections 4-103 and 4-101. The Applicant has provided evidence of completion of the required notice for the Directors Decision. III. STAFF ANALYSIS 1. The Applicant's proposals were reviewed against the Amended Final Plat Criteria contained in Section 5-305 (C), as follows: 1. Does not increase the number of lots; and - The proposed Amended Plat will not increase the number of lots. 2. Does not result in a major relocation of a road or add any new roads; or - The proposed Amended Plat will not result in a major relocation of a road or add new roads. 3. Will correct technical errors such as surveying or drafting errors. - The Amended Plat has not been proposed to correct technical errors. 2. The Applicant's draft plat needs to state that all plat notes on the original subdivisions remain in effect. 3. No conflicts with the existing underlying zoning have been noted including lots size and setbacks. 4. No changes to represented existing utility locations or access are proposed as part of the amended plat process. The lot has legal and physical access to public streets. 5. The Applicant completed the County Public Notice Information form indicating that public notice was sent on September 15, 2014 (See Exhibit C). Certified mail receipts were also provided. Staff has reviewed the Applicants representations and evidence regarding public notice and it appears the requirements have been adequately satisfied. 6. The Application was reviewed by the Garfield County contract engineer, Chris Hale, PE of Mountain Cross Engineering (See Exhibit B). Mr. Hale noted the following: The Applicant should obtain confirmation that utilities do not exist within the easement to be abandon. Staff recommends a condition of approval requiring confirmation of utility locations prior to signing of the Amended Final Plat. 2 The Applicant has since provided evidence that no utilities currently exist in the easement (See Exhibit D). 7. Staff has confirmed through a wetlands delineation from the Applicant that the section of the drainage easement to be abandoned is not jurisdictional wetlands and is not necessary for proper drainage of the site. This application was referred to the Army Corps of Engineers, but not comments were received. 8. The County Surveyor has reviewed the plat and has indicated that he has no comments (See Exhibit A). 9. No public comments have been received on the application. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Creek Side Estates Lot 3 Amended Final Plat Application meets the requirements and standards of the Garfield County Land Use and Development Code as amended and is recommended for Administrative Approval by the Director of the Community Development Department subject to the following conditions of approval. 1. That all representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. The Plat shall be subject to final review and approval by the County prior to submittal of the plat for final execution. All standard plat certificates and signature blocks shall be included on the final plat. 3. The proposed plat shall be edited as follows prior to submittal for final review by the County: a. The Applicant shall add the following plat note: The plat notes from the Creek Side Estates, recorded at Reception No. 767334 with the Garfield County Clerk and Recorder shall remain in full force and effect to the Lots contained in this Amended Plat. 3 Vicinity Map t1 -606`a i. oil , •• s j TO RIFLE GAP RESERVOIR 19' •t• 3g r' t a G• • _R. 251 s $6 . ,,.•=`7:-,':.7",-,,..;,-''.. \1.'�r. >- sT .[ xr ti. fl., RittoCraok 1 ff Community, �l sf DOWNTOWN t. •. ] - \ .,L.:"...4 # . • RIFLE 4 MILES -l-/- .t\ ot, - 4 Overlay of Wetlands Delineation f w Lot 4 nu!1;f trrxlF Trois +:AN s 1Fd F'.'?SPCSW BUi..ri.NS t'tiHG f DCIS NOT f'fCRQICN IRON m} DEUN TED WETLANDS Lot 2 923 Cooper Avenue Suite 201 Glenwood SprngL, CO 81601 tete: 970.945.5252 lax: 970.384.2833 1'. 0,1 iJ ? e 2002 .1: 1p141 •meaeed2 :Crop 10 _.a e = 10: Cryded 6 Jane: Boren Gaited County. Coloroclo Lot 3: Creek Side Estates Wetland Delineation Overlay 5 Aerial View of Creek Side Estates Subdivision, Lot 3 Subject Parcel Plat Amendment Detail Dia fif SIKH APfA / / / .+G. ACCESS. / QQ / / UPLiTYB ' / IAAIGAIION y / . ! EASEMENT / rOJ+6 ( / W4 /\/ v \ / \ \ ) / 1/ 1 / / 11 / / 1 / (". / r+'. OFfU FESTWCND '4,\ . 1 AarA F J BOLDING ,NNIOPE 12635 S? LOT 4 310W43 :341,12 383 Xzt2133 33E 303 CARBCNNC1LE. co 3'.623 PRGX.'AAAIf OMMNVI PtfH 20.4AAIN+GE ESMI 'RUMPS AREA i4H AMENDED/NAL PLAI'%Mze."-- ,..14, 014Giliat •S dU((UING \s \ ENVELOPE ` ` 9.3935E ,/ N _`' \ ‘, , \\ LOT 3 ar u\ % I / ( \ 20 Oa 2Ya) it _ a 2O �(//( ILWOECRFEKd4NKPfR \ \ \ GItiM SUBL.MSICN 4/ A \.Sy O Sj i V / \ y. \•s n '31,1 `\�,\ \ �.' \ / \\ \ W ^P Ofists 44\\ / \\s�\ \ / \ \�Y// Aa"slWc ' \ ,.�` I07 YEAAflO00 MAIN. TV N. LOT 2 THOMAS L HEiUER 89HI AH 133, STH 303 CAHNCNDH E CO 81623 I1 TOP OF CREEK BANK PER NEPWORM-PAWUCK GEOIEChMCAL. INC it g 2 g , `ks,�\ 1 1 / - \ rfamvP3 sUCUP AS 3 13 1087! m a. 0 z00 Sol, I' =100 — rest77 g69ERLY GENTRY 1/ FUND AEPA98 CAP 808081358 / 1514!11 47.E 3001630 3/ ------,./ 3 7 SHEET 1 OF 1 11 ' :t 8 Iii 1 s sy .vt�e� a . J/{i1 .q, tai; lict`t" /' ljj� i 'a „ 3.'1 8 1 EXHIBIT Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Steven Smith - Boundaries Unlimited From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Amended Final Plat - Lot 3, Creek Side Estates Date: 9/12/2014 Steven, Upon review of the Amended Final Plat - Lot 3, Creek Side Estates 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 David Pesnichak — Community Development Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@gaeld-countycom September 10, 2014 Mr. David Pesnichak Garfield County Planning 108 81lh Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of Creek Side Estates - Lot 3 Amended Plat: FPAA-8014 Dear David: EXHIBIT 1 /3 This office has performed a review of the documents provided for the Administrative Permit application of the Creek Side Estates — Lot 3 Amended Plat. The submittal was found to be thorough and well organized. The review generated the following comment: • The plat states that the easement to be abandoned is for drainage but also mentions that it is for utilities. The application materials do not address if there are any utilities within the easement to be abandoned. The Applicant should contact the utility providers and have them review their respective utility locations. If it is discovered that a utility occupies the easement, it will need to be relocated. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Engin erinInc. Hale, PE 826 % Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com EXHIBIT s1. 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. E lMy application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 15 day of September , 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] Search performed by Eric McCafferty of Compass Mountain Land Use. • 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. ❑ My application required Posting of Notice. Notice was posted on the day of , 2014. , 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. testify that the above information is true and accurate. Name: Deric J. Walter Signature: Date: 09/15/14 r-1 RJ r-1 ru Lt RI D D D m r-1 D r-1 -1:10130rY hdontalkon AO • Or 0 , .comt kLE Qf..1 E4654,; Postage CertifiedFee Return Receost Fee (Endorsement Required) Restricted Delivery. Pee (Endorsement Require) Total Postage & Foos Sent To Street, A or PO a< Cit Sta KIMBERLEY GENTRY PO BOX 1058 RIFLE, CO 81650 21 Postmark Here 09/15/2014 314000:71000000000t30* LW),E B141 Postage $ Certified Fee Return Receipt Foe (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, / or PO Crty, Sta $0.49 0538 $0.00 = Postmark Here .49 09/1Y2C4 4 MARK 3 FERGEN & CARLA R BOVERIE-FERGEN 111 CREEK SIDE DRIVE RIFLE, CO 81650 „Rt.„1004#4,0).* 0100000401,00(001#0014,0„ somemosoftwattowtoitotioca tiowourillos RIELE Ca' 836:54i . Postage $ Certified Poe Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent 5( Street, or PO $0,49 0533 21 Postmati< Here $3.30 V.70 $0 ,00 $6,49 TRI) LLC 1829 HIGHWAY 325 RIFLE, CO 81650 09/1.5/2014 0002 5662 1197 7011 3500 rn D 1-1J r—q ru -n ru D D D Ln m r-1 r-1 m ru RJ -n L.r1 RJ D D D D D m r-1 D N r-1 For delivery information visit our website at idirww.usps.co fOL:01_0, Postage Certtlied Fee Return Efis:leipt Fee (Endorserne F189uired) Restricted De . -Pees (Endorsement RUired)- $ 3'3.30 70 .00 1. Postmark Here Total Postage & Fees ;t , 09/15/)014 CAROL L GENTRY & A 3 STAMPFEL INVESTMENT COMPANY & DOBY ENTERPRISES, LLC PO BOX 312 RIFLE, CO 81650 Sent 1, -Street, or PO City, $ iley information visit our website at vvww.usps.corne RIFLE to gar' -1.,„„,y 11-, „--- Postage =1.70 Certified FeO Return Plecelpt Fee (Endorsergent, Required) RestrIctedDilliveryFee (Endorsemen(-Required) Total Postdoe A Sent Stros or Pt ru IA) 057,8 ;71 Postmark Here -!t '049 09/15/2014 JOHN WILSON & ALICE P BERSHENYI 0369 COUNTY ROAD 251 RIFLE, CO 81650 For. eilliary Inforaiiiti.41 Visit our website at wimusps.conte postage Certified Fee Return Peeeipt Fee (Endorsement Required) Restricted Dawn/ Fee (Endorsement Required) Total Postage & Foes Sent Tc Street, or PO I City, Si PS For 30 $0.00 $6.49 0338 21 Postmark Here 09/15/2014 THOMAS L HEUER 898 HIGHWAY 133, SUITE 303 CARBONDALE, CO 81623 C3 r-1 rU .13 Lfl .13 ru D D D LSI m r--1 r -R N J3 J3 r-1 r -q RJ 1.1-) I1J D D D D L.11 m r-9 r-9 N Postal Se.,rvtcen, EPT -;forance.covens,e erovicieta 1)4 7Frtordell-; LiEcik; CO Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 038 21 Postmark Here Total Postage & Fees 4,11 enr Street, or PO City. S BARRET RESOURCES CORP 1513 ARAPAHOE ST DENVER, CO 80202 ructions :gRTIFIED IVIAILTmRCJPTII oniesue Not oniy; Aro InsuranCe CoVerage Prat For delivery Information visit chir wetisite at mows s.come° Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Hera $6.49' 09/15/2014 ESTATE OF CECIL VERNON 6 CHARRO COURT SANTA ROSA, CA 95401 r Instructioris 1:0 Lfl r11 rU J3 .11 U-1 rU D D D 11:3 Lfl m r-1 D r-1 r-9 RI ru D D D D m U.S. Postal Servicer „ RTIFIED MAIL RECEIPT onritstio &fall Otity; No Insurance Coverage Provided) For delivery Information visit aur website at www,usps.come , Postage Certified Fee Retitle Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent 7 Street or PO City PS F• • BO & TRACI ROHRIG 375 COUNTY ROAD 251 RIFLE, CO 81650 U.S. Postal Service,. 0539 71 Postmark Here 09/15/2014 CERTIFIED MAILTM RECEIPT (Domestic. Mall Only; No Insurance Coverage PmvIde tructions • For delivery information visit our website at www.usps. 11 Rtrix 0.11 olf_t5)1 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sen 7j. fr- or P City $ 0538 21 'Postmark Here \- 6t9 09/1...V014 MYRTLE SCARROW 375 W. 24TH, ROOM 103 RIFLE, CO 81650 David Pesnichak EXHIBIT :LO From: Deric Walter <Deric@bu-inc.com> Sent: Friday, September 19, 2014 11:11 AM To: David Pesnichak; Clydell "Cr Bowen (cjbowen55@hotmail.com) Subject: FW: Creek Side Lot 3 - Amended Plat From: Wakefield, Samantha L [mailto:Samantha.l.wakefield@xcelenergy.com] Sent: Friday, September 19, 2014 11:04 AM To: Deric Walter Subject: RE: Creek Side Lot 3 - Amended Plat Deric, After looking at your documents and looking in the field, we have no known gas/electric utilities in the proposed area. Our utilities are located in the row of culdesac. Thanks, Sam From: Deric Walter [ma ilto:Deric©bu-inc.com] Sent: Monday, September 15, 2014 12:06 PM To: Wakefield, Samantha L Cc: David Pesnichak Subject: FW: Creek Side Lot 3 - Amended Plat Sam, Per our conversation a few minutes ago, I am forwarding you a copy of the plats for the Creek Side Estates Subdivision north of Rifle, Colorado. I have attached the original subdivision plat (FPLAT1.pdf), an amended plat (K Amended Final Plat Creek Side Estates.pdf, not by our office), and an amended plat for Lot 3 (E FPLAT-AMENDED2-1.pdf, by our office). The first amended plat moved the lot line between Lots 3 & 4, but then appeared to erroneously designate the drainage easement between. We're working to correct this and adjust the building envelope on Lot 3. Per the attached review letter by Mountain Cross Engineering, Inc. we are inquiring as to whether you have any existing utilities within the area which is to be abandoned. Please note that we are still providing an easement along the common lot line for utility services as intended with the original subdivision plat. This provision is maintained through Note #1 under "Legend and Notes" near the upper left corner which maintains the previous plat notes including Note #5 on the original plat which provides a 7.5 -foot wide drainage, utility, and irrigation easements around the interior boundary of each lot. Please review the attached documents and let me know if Xcel Energy has any existing utilities in the original easement location (along the original common lot line of Lots 3&4) which would need to be moved to accommodate this amended plat. Thanks, Deric DericJ. Walter, PE Boundaries Unlimited Inc. Civil Engineers, Surveyors & Beyond 923 Cooper Ave. I Ste. 201 1 Glenwood Springs 1 CO 1 81601 T: (970) 945-5252 at 1 F: (970) 384-2833 I C: (970) 618-7035 deric( bu-inc.corn iuthiSonarational parks 'ire �uaungiy,e al/on . a�mat /o o/arlr 1