HomeMy WebLinkAbout2.0 DD Staff Report 12.04.2015Pretti Exemption Amended Final Plat - Exhibits
Administrative Review (File FPAA-09-15-8383)
Applicant is Joann Elderkin and the Fenno Ranch Partnership
December 4, 2015
Exhibit Letter
(Numerical)
Exhibit Description
1
Public Hearing Notice Information
2
Receipts from Mailing Notice
3
Garfield County Land Use and Development Code, as amended
4
Garfield County Comprehensive Plan of 2030
5
Application
6
Staff Report
7
Referral Comments from the County Surveyor (dated November 24,
2015)
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9
10
11
12
13
14
15
16
17
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File No. FPAA-09-15-8383
Director's Determination
December 4, 2015
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Amended Final Plat
APPLICANT (OWNER) Joann Elderkin and the Fenno Ranch
Partnership
REPRESENTATIVE Charlotte White
SURVEYOR White Surveying
LEGAL DESCRIPTION Section: 30 Township: 5 Range: 91 TR IN
THE S1/2SE (Elderkin Parcel — AKA
"Tract A"); and Section: 30 Township: 5
Range: 91 S1/2SE EXCEPT 16.88 AC
DES. IN 563/68, THE E 771 2/3 FEET
OF E1/2SW. EXCEPT 2.49 AC. DESC.
IN 682/146. (Fenno Ranch Partnership
Parcel).
PRACTICAL DESCRIPTION
LOT SIZE
ZONING
Said property is located at 1513
COUNTY ROAD 250, SILT, CO, 81652
and an adjacent vacant parcel (Parcel
Numbers: 212530400098 and
212530400099; Elderkin Parcel and
Fenno Ranch Partnership Parcel of the
Pretti Exemption), approximately 1.5
miles north of the Town of Silt, Colorado.
The existing Tots sizes are approximately
108 acres (Fenno Ranch Partnership
Parcel) and 16.874 acres (Elderkin
Parcel — AKA "Tract A"). The proposed
new parcel sizes are 107.245 acres
(Fenno Ranch Partnership Parcel) and
107.245 acres (Elderkin Parcel — AKA
"Tract A").
Rural
RECOMMENDATION Approval with Conditions
I. DESCRIPTION OF PROPOSAL - REQUEST
The Applicant is requesting an Amended Plat to adjust the lot lines between the existing
"Fenno Ranch Partnership Parcel" and "Elderkin Parcel — AKA "Tract A"" of the Pretti
Exemption. Both Tots are located within the Rural Zone District. There is currently a
single family dwelling on the "Elderkin Parcel" while the "Fenno Ranch Partnership Parcel"
is vacant. The "Elderkin Parcel" is owned by Joann Elderkin. The "Fenno Ranch
Partnership Parcel" is owned by the Fenno Ranch Partnership. The amendment would
shift the property line to add 0.755 acres to the "Elderkin Parcel" from the "Fenno Ranch
Partnership Parcel".
No changes to the existing access or utilities are proposed as a result of the amended
plat. In addition, no nonconforming conditions have been noted which would result from
the lot line modification.
The Applicant requested a waiver from the submittal requirements for an Improvements
Agreement. This request is deemed appropriate for the Application as no new
improvements are proposed or required as a result of the Amended Plat.
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 the waiver requests
addressing the fact that an Improvements Agreement is not warranted 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 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 the 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. No conflicts with the existing underlying zoning have been noted including lots size
and setbacks.
3. No changes to existing utility locations or access are proposed as part of the
amended plat process.
4. The Application was referred to the County Surveyor, who identified one issue with
the proposed plat survey. Specifically, a statement is needed in the notes indicating the
lineal units used (feet, meters, chains, US Survey Feet, etc.)
5. The Applicant completed the County Public Notice Information form indicating that
public notice was sent on November 17, 2015. 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
Applicant's representations and evidence regarding public notice and it appears the
requirements have been adequately satisfied.
IV. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that the Pretti Exemption Amended Final Plat Application 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. The Plat shall be subject to final review and approval by County Staff prior to
submittal of the Mylar plat for final execution, BOCC signature and recording (See
Condition #3). All standard plat certificates and signature blocks shall be included on the
final plat. The following amendments shall be made to the Plat:
a. The title of the Plat shall be changed to remove reference to a "Boundary
Line Adjustment" and reference the Pretti Exemption Amended Final Plat
b. The Plat shall be black and white only. No color shall be used on the plat;
c. The Name and Address of the property owners and mineral owners for
each of the parcels shall be identified on the plat;
d. A Plat note shall be added stating that "All plat notes and conditions as
identified by prior resolution and/or plat shall remain in full force and
effect";
3
e. The "Elderkin Parcel" (aka "Tract A") and the "Fenno Ranch Partnership
Parcel" shall be renamed to be numbered consecutively;
f. The County Commissioners Certificate shall be corrected to match the
form prescribed by the County. In addition, all reference to a "Boundary
Line Adjustment" shall be replaced with "Amended Final Plat";
g. All reference to a "Boundary Line Adjustment" shall be replaced with
"Amended Final Plat" in the Surveyors Certificate.
h. A statement is required in the notes defining the lineal units used
including but not limited to meters, chains, feet, and U.S. survey feet.
3. The Applicant has 90 days within which to satisfy conditions of approval and
provide the following documentation for BOCC signature and recordation:
a. A plat mylar with signed Certificates that include Dedication and
Ownership, Title, Taxes, Applicant's Surveyor, Lienholders and any
mortgagees;
b. Recording Fees.
4
Vicinity Map
250
Subject
Parcels
298
5
Amended Plat
EXEMPTION r' LAT
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Proposed Amended Final Plat Detail
DEW.
pokum it, BE ADDED 'La
ELCERBIN PARCEL
SCALE
ILOQI PAPKIL
7
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.
0 My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the 17th day of November , 2015.
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] Title Comittment
■ Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
Notice was published on the day of , 2015.
■ Please attach proof of publication in the Rifle Citizen Telegram.
ri My application required Posting of Notice.
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: Charlotte White
Signature: 6;:::; .t,L -tom
Date: November 24, 2015
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EXHIBIT
Garfield County
SURVEYOR
SCOTT AIBNER, P.L.S
To: Darrell White — White Surveying
From: Scott Aibner — Garfield County Surveyor
Subject: Plat Review — Elderkin And Fenno Boundary Line Adjustment
Date: 11/24/2015
Darrell,
Upon review of the Elderkin And Fenno Boundary Line Adjustment plat, I have prepared a list of comments or
corrections to be made prior to approval for survey content and form.
1. A statement is required in the notes defining the lineal units used including but not limited to meters, chains,
feet, and U.S. survey feet.
Once this and all final comments from the Community Development Department 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 David Pesnichak— Community Development Department
109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfeld-countycom