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Home My WebLink About2.0 Staff ReportTYPE OF REVIEW APPLTCANT (OWNER) REPRESENTATIVE SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING File No. FEXA-7836 Director's Determination DP Amended Plat Williams Trust Subdivision Exemption New Creation Church of Glenwood Colorado River Engineering Chris Manera Book Cliff Survey Services Lots B and C Williams Trust Subdivision Exemption according to the Final Plat Williams Trust Subdivision Exemption Recorded October 1, 1987 as Reception No. 386362 with the Garfield County Clerk and Recorders Office, State of Colorado; and That property described in a Warranty Deed between Samuel W. Bryan and Beverly L. Bryan and New Creation Church of Glenwood, recorded as Reception No. 511558 Said property is located at 44881 Highway 6 & 24 (Parcel B) and 44761 Highway 6 & 24 (Parcel C), approximately 3 miles east of the Town of New Castle, Colorado. The properties are also known by Assessor's Parcel Numbers 212335100099 (Parcel B) and 21 2335200098 (Parcel C). Overall site is 15.7Sacres. The existing lots sizes are approximately 9.98 acres (Parcel B) and 5.77 acres (Parcel C). The proposed lot sizes are approximately 7.718 acres (Parcel B) and 8.030 acres (Parcel C). Commercial Limited PROJECT INFORMATION AND STAFF COMMENTS RECOMMENDATION Approval with Conditions I. DESCRIPTION OF PROPOSAL. REQUEST The Applicant is requesting an Amended Plat to adjust the lot line between two lots (Parcel B and Parcel C). The proposalwould shift approximately 1.951 acres from Parcel B (eastern parcel) to Parcel C (western parcel). The owners have requested an Amended Plat to the Williams Trust Exemption in order to facilitate the development of a new preschool associated with the New Creation Church. The Amended Plat, which would move the property boundary between Parcels B and C approximately 200 feet to the east, is necessary to accommodate a new preschool building. Both parcels are owned by New Creation Church of Glenwood. The Applicant has concurrently submitted a request for an Educational Facility (preschool) on Parcel C. lt is required that the Amended Plat be approved prior to approval of the Educational Facility. No changes to the existing access, utilities, or drainage are proposed as a result of the amended plat, however, and no nonconforming conditions have been noted to result from the lot line modification. The Applicant requested a waiver from the submittal requirements for an lmprovements Agreement and Codes, Covenants and Restrictions (CCRs). These requests are deemed appropriate for the Application as no new improvements are proposed or required as a result of the Amended Plat and no CCRS are in place or 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 waiver requests addressing the fact that an lmprovements Agreement is not warranted for the Plat Amendment Request and no CCRs are in place or proposed. 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 proposal was 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 fhe 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 2. The Applicant's draft plat needs minor edits to the certificates including the Title Certificate and Certificate of Dedication and Ownership. 3. The amended final plat will be referred to the Garfield County Surveyor following the Director's Decision. 4. No conflicts with the existing underlying zoning have been noted including lots size and setbacks. 5. No changes to existing easements, utility locations, or access are proposed as part of the amended plat process. 6. The Application was referred to the Colorado Department of Transportation (CDOT) as well as Garfield County Road and Bridge. Both parcels front on State Highway 6 &24 and County Road 138. Parcel C, the west parcel which houses the New Creation Church as well as the proposed schoolfacility, have an existing access on State Highway 6 &24. The access onto State Highway 6 &24 is currently approved for only the church facility. While the Applicant is working with CDOT to expand the access permit to include the school, CDOT has requested that this access and associated permit include the church, school and access to Parcel B. Any shift in access, however, will be triggered by the Education Facility application. No comments were received from Garfield County Road and Bridge. 7. Final review of the amended plat by the County will be conducted prior to presentation of the plat for signatures. All concerns including but not limited to updated certificates and plat notes shall be addressed by the Applicant. All common plat notes have been added to the plat. A plat note indicating the purpose of the amended plat should be added. An additional plat note is needed indicating that all previous plat notes on the original exemption plat shall remain in force and effect. In addition, plat note G pertaining to Accessory Dwelling Units (ADU) should be removed as the Comprehensive Plan of 2030 will permit ADUs in this area with an appropriate land use permit. 8. The Applicant completed the County Public Notice lnformation form indicating that public notice was sent on [/ay 12,2014. Certified mail receipts were also provided. No public comments from adjacent property owners were received by the Community Development Department in response to the public notice. Staff has reviewed the Applicants representations and evidence regarding public notice and it appears the requirements have been adequately satisfied. IV. SUGGESTED FlNDINGS AND RECOMMENDATION Staff supports a finding that the Williams Trust Exemption Plat Subdivision Exemption Amended Plat Application for Parcels B and C 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. ^J 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. 4. The proposed plat shall be updated and edited as follows prior to submittal for final review by the County: a. The Title Certificate shall be amended to reflect the form prescribed by the County. b. The Certificate of Dedication and Ownership shall be amended to reflect the form prescribed by the County. c. The Applicant shall add the following plat note The plat nofes from the Williams Trust Exemption Plan, recorded at Reception No. 386362 with the Garfield County Clerk and Recorder shall remain in full force and effect to the Lots contained in this Amended Plat. d. The Applicant shall remove plat note G pertaining to Accessory Dwelling Units. e. The Applicant shall add a plat note indicating the purpose of the amended plat. 4 Vicinity Map !; ) 1 Vicinity Map - New Creation Preschool Administrative Review, Section 4-203.C F'igw: 1 Job \o: 1006Filc Nmc: CRE-Admin Revi*Clist: WL Pem'Associatcs CouonrD0- &rvn& Graphic Scale in Feet r:claartll*t EN6trifERrfi€ 5(X)O'2500' 0' PO Box l30l Rifle, CO 81650 Tel970{25-4933 DnMby:K'tS lAppmvcdby:CM DaL; 2'21,'14 5 View of Williams Trust Parcel B and C - Looking West down 6&24 View of Williams Trust Parcels B and C -East down 6&24 6 View of Approximate New and Boundary Line - Lookin South from CR 138 View of Williams Trust Parcel B (Eastern Parcel) - Looking South from CR 138 7 :' +- 3f-i+ .- ov +t. $ \ li 01 Faog .o r5SJS- trrIol-tsf,:oRtPE* R3.s u2$k *:!A.tF{Ee5 eEHUJ*- N(cH) €.9 tqci; x Bs E;B SH+Xor \)q3 2c.\F$t tTPI-{Bi L[*r r o\ I ,: ir 1..+. '.t. 31 :iii .11 b i ? i J, 1 4 d o !a \,u: / € " _Zrt '"i*"o\;a tt i,.d7q;---- ri ii q\_ N> Existing Property Boundary Proposed Property Boundary:"!r ii1 !i fl Ii HAUffirq.qg ATC}SCD ggFIEtI FLAT 8 Gaffield Coun$ PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln 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 tZ day of Mav ,2ot4 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 Iist] Please attach proof of certified, return receipt requested mailed notice. El My application required Published notice. Notice was published on the _ day of 2014 Please attach proof of publication in the Rifle Citizen Telegram. D My application required Postint of Notice. Notice was posted on the _ day of Name: Signature 2414. 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. t, ) f t Date: Adjacent Property Owners and Mineral Owners Per Section 4-203 (B) (3), the following is a list and map of real property, the owners of record, and mailing address of adjacent property owners within 200 feet of the subject property. This is a requirement of the submittal package. Also attached is a list of mineral estate owners in the subject site, including name and mailing address. Property information was obtained from the Garfield County Assessor website as of February 12,2Ot4. Adjacent Property Owners: RNGINEERING lIcoRPoltATl:o 1. Canyon Creek Self Storage, LLC. P.O. Box 865 Meeker, CO 81641- Parcel #2L23352AO188 2, Conrad L. & Marsha L. Wagner 0024 County Road 138 Glenwood Springs, CO 81601 Parcel #2L2335200L86 3. Norman R. Hansen P.O. Box 1839 Glenwood Springs, CO 81602 Parcel #212335100727 4. Thomas R. Gambell 2701 Midland Avenue Unit 925 Glenwood Springs, CO 81601 Parcel # 212335100120 5. Patrick M. Fitzgerald 600 County Road 138 Glenwood Springs, CO 81601 Parcel #2L2335L04LU, 6. Monica Goodsell 147 County Road 137 Glenwood Springs, CO 81601 Parcel #2L23351O4L62 7. Violet Goodsell ATTN:Violet Mooney 152 County Road L37 Glenwood Springs, CO 81601 Parcel #2123351001-63 8. Union Pacific Railroad Land Lease/Property Management Schia M. Cloutier 1-400 Douglas Street STOP 1690 Omaha, NE 68179 Mineral Right Owners: 1. New Creation Church is the mineral holder for Portions of Parcel C. Research has shown that portions of Parcel C & B were part of a larger tract that had some mineral interest severed but were not specific to legal descriptions. Possible mineral right ownerships transferred with King to Robey Circa t977 (Reception Number 767621. t, |: ! a 'i ,l \ p.o. Box l30l f Rifle, colorado lstoso llrttolozs-+oll llPage r;'m .El f-loii'E FItrlE EI [3 ruIo ru Irt3trtr! ult4 :J. EI rr Eo E] rjlrl EI EI Eru Eo ru I].E] EI ru 0trttl E.r!J-EI rrrtlJ'E' HE' trr EI tr, ru cO fU E.E] E]l! 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