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HomeMy WebLinkAbout2.0 BOCC Staff Report 04.01.2006Exhibits for Public Hearing on April 1, 2006- BOCC Amended Final Plat of Lots 11-15 of Cooperton Townsite Applicant: Otoniel Vega and Ivone Munoz Staff: Richard Wheeler Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Staff Report dated April 17, 2006 E Letter dated March 23, 2006 from William and Janice Bradford F Application for the Amended Final Plat G H I J K L c)c)ft 0" .kv< fog stfl le 1\ ii4Atiol, Moocti Cooperton Townsite Amended Final Plat REQUEST: OWNER/APPLICANT: REPRESNTATIVE: LOCATION: PROPERTY SIZE: ACCESS: WATER: SEWER: EXISTING ZONING: BOCC 4-17-06 RW To Amend the Final Plat of Cooperton Townsite — Combine Lots 11-15 Otoniel Vega and Ivone Munoz Ivone Munoz 0027 Pine Street, Carbondale 17,325 sq ft Pine Street Well and Satank Water Association Septic RLUD — Residential Limited Urban Density 1. BACKGROUND AND PROPOSAL The proposal is to comine lots 11-14 and a portion of lot 15 of the Cooperton Townsite into one lot. Lots 11-14 and a portion of 15 are held in common title by the applicants. The applicants purchased the residnece and underlying land in 1997. They wish to take down the exisiting home and place a new single famliy residence and garage on the property. Due to the old lots and setback reuglations, they need to amend the plat to make one buildiable lot that will meet the required setbacks. 2. APPLICABLE REGULATIONS §6:00 AMENDED AND CORRECTED PLATS - As authorized by C.R.S. Section 30-28-133(a). §6:10 An amendment may be made to a recorded plat, if such amendment does not increase the number of subdivision lots or dwelling units, result in the major relocation of a road or add new roads. The amended plat shall be submitted with a narrative explanation of the reason for the application and the consent of all land owners involved to the Garfield County Planning Department for review and comparison with the previously recorded plat. • • Any proposed amended plat that does not have an approved Preliminary Plan to verify the consistency with the proposed amended plat or that results in the relocation of property lines between more than two (2) adjacent properties, shall be subject to the following standards and public meeting requirements: STAFF COMMENTS: The applicant is proposing a change where there is no Preliminary Plan and the relocation of more than two adjacent existing lots. Therefore this item will be heard as a public hearing and all public noticing requirements shall be met. The Board shall not approve an amended plat unless the applicant has satisfied the following criteria: A. All Garfield County zoning requirements will be met; STAFF COMMENTS: The subject property is in the RLUD Zone District. In this district a single family home, as proposed by the applicant, is allowed as a use by right. The minimum lot size is 7,500 sq ft. The proposed lot of over 17,000 sq ft is larger than the minimum allowed. All setbacks will have to be met prior to issuance to of a building permit. B. All lots created will have legal access to a public right-of- way and any necessary access easements have been obtained or are in the process of being obtained; STAFF COMMENTS: The existing access is from Pine Street. No other access is being proposed. There is no need for additional access or easements. C. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; STAFF COMMENTS: Currently, the applicant is using a well for domestic water. The well is provided for by a deeded well sharing agreement. Additionally, the applicant has stated that they have a water tap from the Association. The tap is not currently in use a source of domestic water. The applicant also has four shares of water from the Rockford Ditch Association, Inc. Sewer is proved by an existing septic system. The applicant has not submitted a well test or evidence of acquiring a water tap from Satank. Staff is recommending the applicant submit either a well test or a letter from Satank Water Association showing adequacy for domestic water. i • D. All state and local environmental health and safety requirements have been met or are in the process of being met; STAFF COMMENTS: Staff is not aware of any environmental health or safety issues with this property or application that would preclude it from amending the final plat. E. Provision has been made for any required road or storm drainage improvements; STAFF COMMENTS: Neither the existing home nor the proposed residence will require road or storm drainage improvements. F. Fire protection has been approved by the appropriate fire district; STAFF COMMENTS: Fire protection will be provided for by the Carbondale and Rural Fire Protection District G. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and STAFF COMMENTS: All necessary easements are in place and will not change with the proposed amended final plat. H. School fees, taxes and special assessments have been paid. STAFF COMMENTS: No fees or assessments are required. 3. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Amended Final 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 conformance with the Garfield County Zoning • • Resolution of 1978, as amended. 4. STAFF RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Cooperton Townsite Amended Final Plat with the following conditions 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. If applicable, all plat notes from the original plat shall be shown or referenced on this amended plat. 3. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, then signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in §5:22 of the Garfield County Subdivision Regulations. 4. That prior to the Chairman of the BOCC signing the Amended Final Plat, the Applicant shall submit a well test (based on County standards) or a letter from Satank Water Association showing adequacy for domestic water. • RECE! V Pt County of Garfield Townsite of Cooperton Order Number 05000827 Lots 11,12,13,14 and 11 feet of lot 15 aka 27 Pine Street MAR 2 4 2006 GARFIELO CU Iy BUILDING & PLANNING Garfield County Planning Department In regard to the above described request. As twenty five year full-time . residents and land owners in Cooperton Townsite we feel that combining these four plus lots would invite a request for the construction of a commercial building or a multi -family sttucture. We are against having these types of construction in the community. Our "Satank" area cannot afford more traffic and residents until a formal sewer system is made available to the residents as well as city water. Because of the heavy demand for water our water table is in danger of depletion. Every resident, or business, in the area must maintain a septic system,therein lies a real potential for the wells to become contaminated. A second access to Highway 133 (or highway 82) must be made to protect our residents. The present access at Delores and Hwy. 133 must have a traffic signal to allow traffic to flow out of the community with safety and comfort. The commercial businesses and Community School have caused a dangerous increase in traffic turning in and out of this intersection. With many areas of inadequate parking and ill -kept properties our "Satank" community is being compromised. We ask that you deny the above noted request. William H. and Janie F. Bradford 0031 Sopris (Satank) Carbondale, Co. 81623 fid. &- -1 in