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HomeMy WebLinkAbout2.0 Director's DeterminationDirector Decision, October 24, 2014 Exhibits — Traul Exemption, Parcels A & B, Second Amendment Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Information, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Application D Staff Report E Memo dated October 14, 2014 from Scott Aibner, County Surveyor F Letter dated October 16, 2014 from Staff Planner re: plat changes G Director Decision dated October 24, 2014 H I J K L M N 0 P Q R S T U PUBLIC HEARING NOTICE INFORMATION EXHIBIT i A 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 proverty owners and mineral owners. ��}} Mailed notice was completed on the 4 day of (2‘,742 , 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. ❑ 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. I testify that the above information is true and accurate. 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No,; !. or PO Box No. - `-- $0.49 $3.30 $0.00 $0.00 ( $3.79 _ �{ v't rst.Io v) City, State, ZIP+4 ar gt'tstzl)Q C=c7 is /60 Melee°tIS' U.S. Postal Servicer., CERTIFIED MAILT.,RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information Visit our website at www.usps.com», a 3 Postage Cuddled Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.49 s3.30 $0.00 $0.00 $3.79 Sent To 3`treet, Apt. No.; or PO Box No. ✓iry f City, State, ZIP+4 ara+O CT (%v ww U1 01,3 4,00 PS Form 3600, Aliquot 2006 Se Raver$e t0 fn Irv, AV SENDER: COMPLETE SECTION ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ▪ Print your name and address on the reverse so that we can retum the card to you. IN Attach this card to the back of the mailplece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: 6 t e4't.n1 00.4( 6e Y 1y/36, co 2. Article Number (Transfer from serviceiabei PS Form 3811, July 2013 Domestic Return Receipt ❑ Agent ❑ Addressee C. Date of Delivery to ' ib.#1's delivery addiffetent from item 1? ❑Yes If YES, enter delivery address below: 0 No - 3. Service Type 0 Certified Malls 0 Priority Mail Express' CI Registered 0 Return Receipt for Merchandise ❑ Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fit 013 31120 Ann 611E4la31 TRAUL SECOND AMENDED EXEMPTION PLAT DIRECTOR DECISION 10/24/14 TRAUL EXEMPTION – SECOND AMENDMENT AMENDED EXEMPTION PLAT DIRECTOR DECISION OCTOBER 24, 2014 EXHIBIT A. REQUEST The Applicants are requesting to amend the common lot line between Parcel B and Parcel A (formerly known as the North Parcel) of the Traul Exemption and to vacate a 25' Access and Utility Easement that provided access and utilities to Parcel A via an easement recorded at Reception No. 776032. The lot line amendment will result in the area of the easement being located on Parcel which will no longer require the easement for access. The applicants have indicated that there are no utilities located within the easement. The requested lot line amendment would revise the parcel areas as follows: Parcel A Parcel B First Amended 2.67 acres 5.37 acres 8.04 acres Second Amended 3.13 acres 4.92 acres 8.05 acres B. HISTORY The Traul Exemption was approved and platted in 1986 and created a 2.676 -acre North Parcel, and 4.971 -acre South Parcel. The first amended Traul Exemption was approved in 1994 and appears to have created Parcel B and C from the South Parcel as well as to relocate a 50' Access and Utility Easement in order to encompass the physical roadway. Previously this easement was 25' on either side of the property line for Parcel B and the North Parcel. The relocation of the easement, wholly within Parcel B, necessitated the creation of a 25' Access and Utility Easement to legally allow access to the North Parcel. WIMOS Maim l eratak '44721E.L !NORTH PARCEL oerecor rano 7 rhiS RAI / // J, ,' / t,i� + / •' i �%.7 ;r / ' ; ,r- "'"''''''aill‘I")1167) —� 0.' s 10001 '07" 42.•34. RRAYNIC stA E r MI 1 LLlr1 n SIbi This 25' Access and Utility Easement was amended by a document recorded at Reception 776032, dated October 6, 2009. The easement was relocated west of the existing area as 1 shown below: This easement is no longer necessary as the proposed lot line amendment would have the easement existing wholly within the area of Parcel A which it is to serve. TRAUL SECOND AMENDED EXEMPTION PLAT DIRECTOR DECISION 10/24/14 Proposed Second Amended Traul Exemption PROPOSED 2ND AMENDED TRAUL EXEMPTION PLAT LOCATED IN W1/2 5E1/4 SECTION 15, TOWNSHIP 7 SOUTH RANGE 89 WEST OF THE 8111-1 P.M. GARFIELD COUNTY, COLORADO —C11.4414 111— 111.1. 72,45E1 "",� 44 44-4n. u r 4911411841/1111911M:`""'" j'�'FPtfeam 90R2'a' IOVA • /, d / 7 10.1•19147"' SIONEIRIZEMPtgam INiri— PAM 0 MN AM 11011101 r7 - of ma now alum. 2440 *IMO10 TRAM EXEMPTION PIAT 100X00 ROAD 117 0A11I10l0 000NTY. CO.01IA00 011000 LAND SWAYING 74 10102 0000111' ROAM 220 0/0-028-0151 .00L 1ADO IML10 2 TRAUL SECOND AMENDED EXEMPTION PLAT DIRECTOR DECISION 10/24/14 C. SITE LOCATION This site is located south of the City of Glenwood Springs off of County Road 117, Four Mile Road, in the vicinity of the Oak Meadows Subdivision. Access to several properties on the west side of Four Mile Creek is via an existing private road created and amended in the Traul Exemption and Amendement. D. REFERRAL AGENCY COMMENTS 1. The County Surveyor has reviewed the proposed amended plat and provided comments to the applicant's surveyor. A condition of approval is recommended to assure that these comments are adequately addressed prior to signature of the plat, Exhibit E. 2. Community Development has provided a letter regarding required changes to the plat and a condition of approval is recommended to assure that the comments are adequately addressed prior to signature of the plat, Exhibit F. 3. An adjacent property owner, Ty Truelove, has contacted Community Development regarding questions related to request. Mr. Truelove requested that a road maintenance agreement be created to formalize the use and maintenance responsibilities for the private road. Though Staff agrees with the need for a document that assigns physical and monetary responsibility for road maintanance, this request is a private matter between the users of the private road. E. APPLICABLE REGULATIONS The Amended Final Plat process contained in Section 5-305 of the 2013 Land Use and Development Code, as amended (LUDC) stipulates an Administrative review procedure, with the Plat being presented to the Board of County Commissioners for signature followed by recording in the Office of the Clerk and Recorder. Criteria for the review have been satisfied as listed below: 5-305 Review Criteria 1. Does not increase the number of lots; Staff Comment: This application does not increase the numbers of lots but solely amends the Tots lines. 2. Does not result in a major relocation of a road or add 1 or more new roads; and Staff Comment: No new road or relocation of roads is proposed. 3. Will correct technical errors such as surveying or drafting errors. Staff Comment: This plat is not correcting technical errors. 3 TRAUL SECOND AMENDED EXEMPTION PLAT DIRECTOR DECISION 10/24/14 F. PROPOSED FINDINGS 1. That proper notice was provided as required by the 2013 Land Use and Development Code, as amended; 2. That the administrative review was extensive and complete, that all pertinent facts, matters and issues were submitted and that adjacent property owners had the ability to be heard regarding this request; 3. That for the above stated and other reasons, the proposed amended exemption has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. That the application has met the requirements of the 2013 Land Use and Development Code, as amended. F. RECOMMENDATION Staff recommends that the Director of Community Development approve the requested plat amendment with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the decision issued by the Director of Community Development. 2. That review comments received from the Community Development and the County Surveyor be adequately addressed and the plat amended accordingly. 3. Prior to scheduling the plat for Board of County Commissioner signature, the applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder and County Surveyor. 4. Within 90 days of this determination the Amended Exemption 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. 5. Submittal of the mylar to Community Development must be accompanied by sufficient fees to record the plat in the records of the Garfield County Clerk & Recorder. 4 EXHIBIT 1 E Garfield County To: Richard Deming - Deming Land Surveying LLC From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — 2nd Amended Traul Exemption Plat Date: 10/14/2014 SURVEYOR SCOTT AIBNER, P.L.S Richard, Upon review of the 2nd Amended Traul Exemption Plat, I have comments and corrections to be made prior to approval for survey content and form as Follows: 1.) The Purpose of this plat shall be stated in the notes or in the heading. 2.) In order to plot the road easement centerline a distance is needed from the nearest boundary corner to the point of beginning and ending where these points intersect the boundary. 3.) Remove the word "proposed" from the heading before plotting to mylar. 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 • email:saibner@garfield-county.com October 16, 2014 Garfield County Jeffery Klarner and Sandra Linn 1910 Glen Dale Drive Lakewood, CO 80215 sklinn@earthlink.net Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 Reference: Administrative Review — Amended Plat, Traul Exemption, Parcels A & B File Number FEXA8070 Dear Mr. Klarner and Ms. Linn; The Department of Community Development has reviewed the proposed amended exemption plat requesting to: 1. Amend the common lot line between parcels; and 2. Vacate an access and utility easement on the site. The plat is subject to review criteria in Article 5 of the 2013 Land Use and Development Code, as amended (LUDC). Please forward these comments to your surveyor to amend the plat as follows: 1. The title of the plat shall be amended to the following: Second Amended Exemption Plat Traul Exemption, Parcels A and B County of Garfield, State of Colorado All references in the legal description on the plat should be amended to conform to the title of the plat; 2. All certificates shall be located Sheet 1 of the plat; 3. The Vicinity Map shall be located on Sheet 1 of the plat; 4. Are there any utilities located in the easement requested to be vacated? Do you have any documentation from utility companies regarding whether or not the easement is used for utilities? 1 5. Please note on the plat that Parcel A was formerly known as the North Parcel of the Traul Exemption. 6. The notes must include a statement: "Purpose Statement: To amend the common lot line between Parcels A (fka North Parcel of Traul Exemption) and B and to vacate a 25 foot access and utility easement that was created by a document recorded at Reception 776032 in the offices of the Garfield County Clerk and Recorder." 7. Please refer to the Title Commitment and show all encumbrances on the plat as contained in this documentation. 8. The easements contained in the notes on Sheet 2 should be shown on the plat and referenced by reception number. 9. The easement notes should only contain reference to size, function of the easement (access and utility, etc.), and recording information. Please remove reference to "serving Parcel A..." or "serving a tract of land..." in these notes. 10. Reference to the reception number in Easement Note 1. Should be corrected to Reception No. 471910. 11. There is no indication of line and hatching description on the plat. The hatching on the 0.46 acre area is somewhat confusing. 12. Why are Ty and Tina Trulove consenting to vacation of the easement? There does not appear to be any documentation noted regarding the necessity of this certificate. The County Surveyor has provided comments directly to Deming Land Surveying LLC. Once a decision has been issued by the Director and all comments have been adequately addressed/plat amended as required„ a mylar may be printed and the following signatures obtained: a. Owner(s) — signatures must be notarized; b. Mortgage company, if applicable; c. Easement holders, if applicable; d. Your surveyor; e. Treasurer; f. Title Company (or attorney). The planner will obtain the remainder of the signatures including the County Surveyor, Board of County Commissioners and Clerk and Recorder. 2 A 10 -day period of review (call-up period) by Board of County Commissioners will commence upon issuance of the Director decision. If no call-up is requested within the 10 -day period the mylar may be submitted to the planner who can schedule the plat for Board of County Commissioner signature. Once all signatures are complete the plat will be recorded (the applicant is responsible for paying recording fees). Approval is valid for a period of 90 days meaning that the signatures must be obtained and the plat recorded within 90 days of approval. Please let me know if you have any questions on this process or your responsibilities in the process. Sincerely, 1 Kathy East ICP Cc: File 3 October 24, 2014 Jeffery Klarner and Sandra Linn 1910 Glen Dale Drive Lakewood, CO 80215 sklinn@earthlink.net Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 DIRECTOR DETERMINATION — Traul Exemption, Second Amendment Garfield County File Number FEXA-8070 Dear Mr. Klarner and Ms. Linn; This letter is provided to you as notification that the request to amend the Traul Exemption Amended Plat has been conditionally approved by the Director of Community Development. Specifically the request is to relocate a common Tots line between Parcel A (formerly known as the North Parcel) and Parcel B, as well as to vacate a 25' Access and Utility Easement. Approval is contingent upon compliance with the following conditions of approval: 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the decision issued by the Director of Community Development. 2. That review comments received from the Community Development and the County Surveyor be adequately addressed and the plat amended accordingly. 3. Prior to scheduling the plat for Board of County Commissioner signature, the applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder and County Surveyor. 4. Within 90 days of this determination the Amended Exemption 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. 5. Submittal of the mylar to Community Development must be accompanied by sufficient fees to record the plat in the records of the Garfield County Clerk & Recorder. 1 Notice of this decision will be provided to the Board of County Commissioners who has the ability to `call-up' the application for review at a public hearing. You will be notified of the Board decision once it is received or upon expiration of the 10 day notice period (November 3, 2014). Upon expiration of that time period a mylar signed according to condition three above may be submitted to our offices. You will have 90 days in which meet the conditions of approval, obtain the required signatures and submit to Community Development for signature by the Board of County Commissioners. Recording fees will be required upon submittal of the mylar to our department. Feel free to contact the staff planner, Kathy Eastley, if you have any questions regarding this decision. Sincerely, Fred A. Jarman,• P Director of Community Development Attachment Cc: BOCC File