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Home My WebLink About3.0 DD Staff Report 09.04.2015Director Decision, September 4, 2015 Exhibits — Second Amended Plat, Fyrwald Exemption, Lots 3 and 4 Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Email dated February 20, 2015 from Scott Aibner, County Surveyor G Director Decision letter dated September 4, 2015 H I J K L M N 0 P 0 R S T U 1 EXHIBIT 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. • My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the / 31 day of A/z- ., ; r , 2015. d/ 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. -4-01` • My application required Published notice. Notice was published on the day of , 2015. • Please attach proof of publication in the Rifle Citizen Telegram. • My application required Posting of Notice. 1 1 1 Notice was posted on the day of , 2015. 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. /Name: f fry: fx t?( 1(",. Signature: Date: 2 W CC O 0 0 0 0 0 0 0 0 0 x a z D a u u u v u u v v v u a< a u tj L O w 3 LITTLE ROCK PO BOX 17330 108 CROWN MOUNTAIN DRIVE 239501400082 K & L ILC GRAND JUNCTION PO BOX 2607 239306301014 GLENWOOD REAL ESTATE INVESTMENT, LLC 132 PARK AVE 239501409003 RUDD LIMITED LIABILITY COMPANY 7094 HWY 82 239306301009 JSWLAW RE: LLC PO BOX 248 239306300005 DODSON, DAVID S 132 PARK AVENUE 239501409001 RUDD, WAYNE & SUSAN J GLENWOOD SPRINGS 239306300004 DODSON PARTNERSHIP CARBONDALE 333 LIONS RIDGE ROAD 239501400032 FITZGERALD, STEVE P GLENWOOD SPRINGS 594 COUNTY ROAD 110 239306300003 JOCHUM, GARY P & BROADHURST, RICK CARBONDALE 333 LIONS RIDGE ROAD C/0 FITZGERALD, STEVE 239501400031 NOELKER, SALLY ANN O O m te � v 2222 COTEONOALE LN STE 209 C/O ROBIN FERGUSON 239501400029 BARNETT-FYRWALD HOLDINGS, INC PO BOX 1733D 239307200031 GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC LITTLE ROCK PO BOX 17330 239307200001 GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC Les 530 E MAIN STREET 239328300024 ROARING FORK TRANSPORTATION AUTHORITY i 5E62 99Lh 7000 Oh90 S'tOL r a_ w U w Cr Q w° L LL w 0r p b. • r Certified Mail Fee w a 4, edis n¢ @ 2 N 0( tli ._4,4, v m. $inin v'¢ ¢ t a a g❑❑❑❑❑ T000 0h90 r< a a_ w 0962 99Lh T000 Oh90 STU_ Oy Lei E L9ftp� r? 0, r^i w,►° w rJ r I ooJ a. rrnnn nt.an crrnJ Certified Mail Fee 0 N a° 49 2h62 99Lh T000 Oh90 STOL W U w cc ;.2) JCC i G N a O w_ 0 CL V) w E 1 4 •=J 7 CfJ U.S. Posta er CERTIFIED WIAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at witvw.usps.corn''. _ „ tt 6 ' Extra SerViCeS & FeeS (check box, add les as appreprrate) °Return Receipt (hardcopy) 0 Return Receipt (electronic) $ , °Certified Mall Restricted Delivery $ v I °Adult Signature Required $ Adult Signature Restricted Delivery $ Lj vf...lj 3 3 J C3 rl Postage .1,0.119 Total Postage and Fees $1,94 8treii.......... Po evOL )/P7 --- --------------------------------------- 66;:griti,zuziLi --------------------- 0530 0 o effistmark 0 eiere 47/2,1_ s NI> •310.3aTiot-) 1 ISO PS Form 3800, April 2015 P5N 7530-02-000-9047 See Reverse tor Instructions. 113 D -0 PrR D D D- tr7 -13 D u-1 rR D r- 4766 3055 1-1 D D D —0 D Lfl rR D P- V , - • , - r - CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery, information, visit our website at www.usps.cone. ertlfled Mail Fee iAS" ALT t17.1 ttiVi $ Extra Services & FeeS (check box. add les es appropdate)7, °Return Receipt (hardcopy) $—-c / (V El Return Receipt (electronic) $ 1"J . t J.) i s 0 / °Certified Mail Restricted Delivery $ filL., v 00. , , , i °Adult Signature Required $ U.00 El Adult Signature Restricted Delivery $ $0 .00 Postage $0.00 $ $0.49 Total Postage and Fees _ , -eelPostmarke25. co Here $ $3.74 08;132)15 Sent To QADUID LIM rieb L. 111611-1711 COMPANY "Sireel atidA-17702,:illsCiElcialb. raa AvE. civ, state, 2IE4V Li' Co 02-000-9047 See Reverse for Instru U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.come. Certified Mail Fee .345 Extra Services & Fees (check box, add fee as appropdate) 0 Retum Receipt (hardcopy)$ o Return Receipt (electronic) $ $0.00 D Certified Mail Restricted Delivery $ El Adult Signature Required $ .g? D Adult Signature Restricted Delivery $ Postage $0.00 $ Total Postage and Fees $ Postma Here Sent To S 1..41.43 L -Lc. -Street anclApOia, ollsefElox fro. --1641q 141,511 icaP c e,2115i:44 PS Form 3800, April 2015 PSN 7530 02 000 9047 uj CO 'I,O1 See Reverse for Instructions ordeliver information, visit our website at www.usps.con 't992 99Lh T000 Oh90 S'IOL ce CA ••a L? O sae £ 1 91W) i �l t� 1 Ol V Q 09 i m 49 Z` inti ry a t d r N a 2 U, w❑D❑D❑ 0, 0 a v 9692 99Lh 'LOGO Oh90 SCOL c CLE 1-- a_ w U w cc J_ c)Q CD> G Y _ to p" LaaLL o p a. . CC co N w E MUS c: Et Yi 0_ r � Certified Mail ER; L992 99Lh 'LOGO Oh90 SCOL CL w cc w �a i C co V- g a I- Cnw E o \-cp Off% ;1CI hL92 99Lh 'TODD Oh9O SCOL TT62 99Lh 'LOO❑ nfiIn cTfJ 0 U 0, y m .0 3 0 N 94 0 O E T v 0 n CN. 0) r N a° <» 0 C R=1,11, Tnnn 1-11,9n cTn) SECOND AMENDED FYRWALD EXEMPTION, LOTS 3 & 4 DIRECTOR DETERMINATION SEPTEMBER 4, 2015 I. REQUEST The Fyrwald Exemption was approved by the Board of County Commissioners in 1997 which created 4 lots from a 10.3 acre parcel located south of Glenwood Springs, southwest of the intersection of SH 82 and CR 114 (CMC Road). This plat was amended in 1999 and the current request is considered the second amended Fyrwald Exemption Plat. The parcel appears in the Assessor's record as a single lot due to the fact that the four parcels remain in the common ownership. This proposed change will amend Lots 3 and 4 by shifting the common lot line to the west, enlarging Lot 4 as indicated below: Lot 3 Lot 4 Existing Lot Size (acres) 2.092 3.634 Proposed Lot Size 1.341 4.365 II. APPLICABLE REGULATIONS The request shall follow the Amended Final Plat process in Section 5-305 of the 2013 Land Use and Development Code, as amended, (ULUR) which stipulates an Administrative Review procedure with the Plat being presented to the Board of County Commissioners for signature and 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 Tots; Staff Comment: This application does not increase the numbers of lots. 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. III. REFERRAL AGENCY COMMENTS I. The County Surveyor has reviewed the proposed amended plat, EXHIBIT F, and had no comment. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends that the Director of Community Development approve the requested plat amendment based upon the following finding and recommended conditions: Suggested Findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That for the above stated and other reasons the proposed amended 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 general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Recommended Conditions of Approval 1. That all representations made by the Applicant shall be considered conditions of approval unless otherwise amended by the Director decision. 2. Prior to creation of a plat mylar, the draft plat shall be amended as follows: a. Add a plat note that explains the purpose of the proposed amendment; b. Remove reference to setbacks/setback lines/chart on the plat; c. Plat note 8 need to insert "weeds" after `noxious'; d. Add a land use chart indicating the proposed change: Lot 3 Lot 4 Existing 2.092 acres 3.634 acres Proposed Change 1.341 acres 4.365 acres -.751 +.751 e. US Bank is a lienholder therefore lienholder certificate must be added to the plat; f. Please add the authorized individuals' name and a signature line in the Certificate of Dedication and Ownership. 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 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, and approved by the County Surveyor. 5. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat. SECOND AMENDED FYRWALD EXEMPTION PLAT AMENDING LOT 3 AND LOT 4 OF AMENDED FYRWALD EXEMPTION PLAT "° "'"°'"'"°"'"""""` RECORDED AS RECEPTION NO 547543 SITUATED IN LOT 20 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST, LOT 1 IN SECTION 6 8 • . .,..<=`"'" "a"""'"" "" LOTI IN SECTION 7, TOWNSHIP SOUTH, RANGE 88 WEST OF THE 6TH P.M., • COUNTY OF GARFIELD, STATE OF COLORADO LOT \ 44-444- 4 r w,r�'\ V CSUTY MAP VIESSIMINegl iron COMM IllIM,01MCIMITICAlt Iwo LIM 111 • GRAPHIC SCA. CURPLMTAISMENIISMIMM Figure 2 - Proposed Plat Amendment Garfield County To: Rodney Kiser - High Country Engineering From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Second Amended Fyrwald Exemption Date: 08/25/2015 SURVEYOR SCOTT AIBNER, P.L.S Rodney, Upon review of the Second Amended Fyrwald Exemption 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 Kathy Eastley — Community Development Department 109 8 th Street ,Suite 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom EXHIBIT Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 September 4, 2015 Scott Gilbert c/o Chris Dolan 7025 Highway 82 Glenwood Springs, CO 81601 buildhabitatrfv@gmail.com DIRECTOR DETERMINATION — Second Amended Fyrwald Exemption, Lots 3 and 4 Garfield County File Number FPAA8338 Dear Mr. Gilbert; This letter is provided to you, as the authorized representative of Barnett-Fyrwald Holdings, Inc that your request to amend the exemption plat of the Fyrwald Exemption, Lots 3 and 4, to amend the common lot line between the two, has been reviewed and the Director hereby issues a determination conditionally approving the request. The conditions of approval are as follows: 1. That all representations made by the Applicant shall be considered conditions of approval unless otherwise amended by the Director decision. 2. Prior to creation of a plat mylar, the draft plat shall be amended as follows: a. Add a plat note that explains the purpose of the proposed amendment; b. Remove reference to setbacks/setback lines/chart on the plat; c. Plat note 8 need to insert "weeds" after `noxious'; d. Add a land use chart indicating the proposed change: Lot 3 Lot 4 Existing 2.092 acres 3.634 acres Proposed Change 1.341 acres 4.365 acres -.751 +.751 e. US Bank is a lienholder therefore lienholder certificate must be added to the plat; f. Please add the authorized individuals' name and a signature line in the Certificate of Dedication and Ownership. 1 Second Amended Fyrwald Exemption September 4, 2015 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 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, and approved by the County Surveyor. 5. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat. 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 (September 14, 2015). Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions regarding this decision. Sincerely, Fred A. Jarman, Al Director of Community Development Attachment Cc: BOCC File 2