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Home My WebLink About4.0 Staff ReportFile No. FPAA-7982 Director's Determination GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Plat Lot 1 Pefts Holmes Subdivision Henry and Heather Provencio Deming Land Surveying LLC Lots 1 Petts Holmes Subdivision according to the Plat thereof recorded December 18, 1997 as Reception No. 518004. The property is located in Section 33, T7S, R87W. Said property is located at 9755 County Road 113, approximately 11 miles northwest of the Town of Carbondale. It is known by Assessor's Parcel Number 2189-333-01-001. The property is 2.02 acres in size. The Plat amendment will result in the addition of 0.33 acres to the lot. Rural (R) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an amendment to the Final Plat for Lot 1 to allow an adjustment of the westerly property line to add approximately 0.33 acres to Lot 1. The change will conform the property line with an existing fence line. A boundary line adjustment with the adjoining property which is not located within the subdivision will be completed concurrently with the amended plat. No new lots are being created and the amendment will eliminate several nonconforming conditions. No change to the property's access is proposed. No changes to any infrastructure serving the lots or subdivision are proposed. No changes to any other lots within the subdivision are proposed. II. AUTHORITY — APPLICABLE REGULATIONS The Amended Final Plat Application is 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 a submittal waiver that an Improvements Agreement is not warranted as no improvements are proposed or required. 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 draft plat has been reviewed by the County Surveyor and his comments are attached. While no technical edits were noted he did request that the purpose of the plat be included in a plat note and that if possible the plat be formatted on a single page. 2. The plat and application has been reviewed by the County Attorney's Office. Their review comments along with staff review by the Community Development Department are noted below: a. On the plat, the Certificate of Ownership and Dedication needs to only include Henry and Heather Provencio as signatories. The legal description also needs to be edited to reference only the property shown on the plat. b. The Plat should reference the title policy provided by the Applicant and all recorded encumbrances. c. A plat note indicating the purpose of the amendment is needed and should include reference to the Boundary Line Adjustment Affidavit. d. The area being conveyed by the Boundary Line Adjustment Affidavit should be labeled on the plat. e. A plat note is needed to indicate that all previous plat notes on the original subdivision plat shall remain in effect. f. The Boundary Line Adjustment Affidavit needs to have a final review by the Attorney's Office to ensure a number of corrections are implemented. Exhibit A needs to be the legal for the land being transferred and the draft quit claim deed needs to be edited to only merge with Lot 1 of the Petts Holmes Subdivision. g. Other minor edits to the Quit Claim deed and signatories for the affidavit will be required. 3. The Application was referred to the Road and Bridge Department. They commented that they had no concerns (see attached email). 4. No conflicts with the existing underlying zoning have been noted including Tots size and setbacks. The amendment will eliminate existing nonconforming conditions on the parcel, in particular it will bring the existing home into compliance with setback requirements. 2 5. No changes to existing easements, utility locations, or access are proposed as part of the amended plat process. Irrigation ditches affecting the lot should be shown and identified on the amended plat. 6. No public comments from adjacent property owners were received by the Community Development Department in response to the public notice. 7. The Applicant's proposal meets the Review Criteria contained in Section 5-305 (C) as the Application does not increase the number of lots and does not result in the relocation of any roads or creation of new roads. IV. SUGGESTED FINDING AND RECOMMENDATION Staff supports a finding that the application for an Amended Plat for Lot 1 of the Petts Holmes Subdivision 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. All requirements from the County Surveyor shall be met prior to submittal of the plat for final execution. 3. 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. Minor edits and corrections as required by the County Attorney's Office and Community Development Department shall be made to the plat. 4. The following plat notes shall be added to the Plat: 4. The plat notes from the Final Plat of the Petts Holmes Subdivision recorded at Reception No. 518004 with the Garfield County Clerk and Recorder shall remain in full force and effect to the Lots contained in this Amended Plat. 5. The purpose of the Plat is the adjustment of the westerly property line of Lot 1, in accordance with a Boundary Line Adjustment Affidavit recorded at Reception No. with the Garfield County Clerk and Recorders Office. 5. All easements affecting Lot 1 shall be shown on the plat and the plat shall include reference to the Applicant's title insurance policy and all recorded encumbrances. 3 6. The Boundary Line Adjustment Affidavit shall be subject to review by the County Attorney's Office and required edits and corrections completed prior to recording. Said edits shall include any corrections to the associated Quit Claim Deed. The letter of explanation shall be recorded with the affidavit. Recording order for the affidavit and the plat shall be established by the County Attorney's Office. EXCERPT FROM PROPOSED AMENDED PLAT OF LOT 1 S 0010'30' W 55.55 IAT 1 PE 15/HOLMEO SUED HEM P. AHO HPAT1LI5 C. PRIMNCIO 9755 =NET PO 113 OW83143ALE. CO 315' E1151115 HOUSE 7001- N 0769,116'003I1 6 S00`40'D61< 221.19' COLLIER OTEN, RANCH LLLP PO K. 171; ASPEN, 00 81612 518539100030 5 00'59'44" E 51032' pppou�G TAHR OR1CHKL LDT 1051 N 00`10'30' E .226.16' POINT OF BEGINNING 26.a' L1 a 0040'05" '8' 206.35 / 89.77' N 00'10'30 E :1 IET.E• / -/ // // p1 / GA1511E7AI COUNTY EAG'L--. CONNTY / J 4 ORIGINAL PETTS HOLMES SUBDIVISION PLAT ____........‘ Pette/Hoirnes Subdivision ...--•;-;:r,g:-:1':,.p,-.47:-":,.:-1,z.,. 9NAL SUSDIVISIO.r.N PLAT -.77-r...-f.,.--:...4.:z. A ti-st si fernc. sOspz2es.dir• Pus ,4fArsi*28494 ..'''''' 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Nur. 5 Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Richard Deming - Deming Land Surveying LLC From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Amended Plat Lot 1, Petts/Holmes Subdivision Date: 8/19/2014 Richard, Upon review of the Amended Plat Lot 1, Petts/Holmes Subdivision 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 indicated in the notes and if applicable, graphically on the plat. 2.) In an effort to be more efficient, would it be possible to place this information on a single page? Text sizes as small as L60 are acceptable. 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 Glenn Hartmann — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • email:saibner@garfield-county.com Glenn Hartmann From: Michael Prehm Sent: Wednesday, July 30, 2014 4:07 PM To: Glenn Hartmann Subject: Amended Plat Lot 1 Petts Holmes Subdivision Glenn, In reviewing the referral Road & Bridge has no concerns with the boundary line adjustment. Driveway meets standards. If you have any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1