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HomeMy WebLinkAbout3.0 Staff Report BOCC 09.02.03V*BOCC -09/02t03 FJ PROJECT INFORMATION AND STAFF COMMENTS ,** Ii TYPE OF REVIEW: APPLICANT(S): LOCATION: ZONING: Amended Plat (Public Meeting Agenda) High Country Starship Limited Lots 3 & 5 of the Goose Creek Subdivision A/R/RD (Agricultural /Residential,lRural I *{\\s.N\\\\_\$'rl\ *-a\\\ ,\J I. DESCRIPTION OF THE PROPOSAL As you recall, in August 2003, the Board recently approved a plat amendment for Lots 3 and 5 of the Goose Creek subdivision. Upon closer review prior to recordation, it appears the plat contains some effoneous language in the 'Certificate of Dedication and Ownership" section which was inadvertently overlooked. Specifically, the language stated in the dedication portion (entire 3'd paragraph): "Grant to the Town of Rfle, for use, the street shown hereon inclttding avenues, courts, drives, places, and alleys; the public land hereon for their indicatecl public use and utility clrainage easements shown hereonfor utility and drainage easements for tttility and drainage plffposes oni. " The erroneous language above has been removed and replaced with the correct language stating the following: " That said owner does hereby dedicate as private easements to the private use of the owners of the lots of said Goose creek Subdivision, their heirs and assigns, the eisements as ,ho*n hereoni thattheir use also included in this dedication, the right and privilege to use said easements as shown on this plat to install, construct, reconstruct, and maintain utilities within the width of said eqsements for the purpose of serving the lots in said subdivision, and doesfurther state that this subdivision shall be subiect to the protective covenantsfiled and recordedfor this subdivision in the ffice of the clerk and recorder of Garfield County, Colorado in Book 835 at page 892, as thiy miy be amended." The Applicant requests the Board simply sign and replace the original plat with the plat attached to this cover memo. II. REGULATORYAUTHORITY Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. This request will not increase the numberof subdivision lots or dwelling units or result in the major relocation of a road or add new roads. Based on this information, Staff finds these standards are met. Further, Scott Aibner, County Surveyor, has reviewed the proposed change and signed the plat. Amended Final Plat of the Goose Creek Subdivision BOCC - 09/02/03 Page 2 III. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners, pursuant to Section 6:10 of the Subdivision Regulations of 1984, as amended, approve this amended plat request with the following conditions and authorizes the Chairman to sign the Amended Final Plat of Goose Creek Subdivision for Lots 3 and 5. 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; ry. EXHIBITS The following exhibits are provided for further review and contemplation: a. Draft Amended Final Plat of the Goose creek Subdivision; andb. Mylar to be signed and recorded by the Chairman of the board of County Commissioners. Trrlrorny E. Wnrrsrrr u hit s itt@cdale law. c om Enclosures lcah f. l"# ''fi,,*Lbo Cheryl Flaiselbring Administrative Assistant a RECEIVED AUG 2 1 2A03 UYnrtsrrr G, Gnoss, p.c. LAWYERS 320 MarN Srnrnr, Surra 200 CeRsoNoar,p, C or-oRaoo 81623 TrlopuoNr, (970) 963-6363 Fecsrurrn' (970) 963-6667 August 2I,2003 Fred Jarmin Garfi eld County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: AMENDED FINAL PLAT FoR GoosE CREEK suBDIvIsIoN, Lors 3 & 5 Dear Fred: I have enclosed a corrected Plat for the above noted property, as well as a signed Application and Agreement for Payment form. While we have included the Agreement for Payment, it is myunderstanding that the fee is being waived. If you have anyquestions, please contact me. Thank you or your assistance. Sincerely, WHITSITT & GROSS, P.C. Enrc J. GRoss,,, c dalela w@c dale I aw. c o m. *Also ad,mitted. in Magsqchusetts .ffi,ilE.fo',X!frlL GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREBMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COTINTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: High Country Starship Limited 1. APPLICANT has submitted to COUNTY an application for Amended & Corrected Plat (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COLTNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COTINTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COTINTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Z,i-h"f^+epresentatrveSignatureE. Wh ntry tsitt j Stars hip Limited High Country Starship Limited Print Name c/o Whitsitt & Gross, p.C.j20 Main Street, Suite 200 Carbondale, CO 81623 (910) 953-6363 Ti Hi APPLICANT Page 4 . 4..., ... L, .. ": GARFIELD COUNTY Building & Planning Department 108 Bth Street, Suite 20'1 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 wurw. garf ield-cou nty. com Amended And Corrected Plats Application GENERAL INFORMATION (To be completed by the applicant.) ) street Address / General Location of Property:--El-o-p-9l!-y--1-s--1-99-aLqq--ql-f of Brue Heron Lane, just east of Carbondale off CR 100 - F Legal Description: --L-qLs--3--G--5--G-o-o-sc--e-Lc-e&-srrbdr:r-i-s-i-aa-------- ___Gar_f_i_e_I_il-ea!urLyr--ga-1-o-La-ilo------ )subdivisionName:-----c-oos-e--e-re-ek--S-ubdi-vis-r-on-------- F Description of proposat: --4l9rL{99--tlg-t--4pp-lrsgqiglf-!g--qgf-L?9!--t-he previous plat which stated incorrectly that the streets are granted to the town of Rifle. ) Name of Propertv Owner (Applicant):--Erg-lr--e-otrq!-r:r-9-tgrq-Lli-p--Lg!i!-ed- F Address: ___P_. Q-._i_q4__1_15 Te I e p h o n e : --(9f-0-)- 929_-2-0_6 0 F city: --U-"-qQy--9fe-e"E---- state: --c-q--- Zip code: -8-1!-1q rnx, ----e-25-2152 ) Name of Owner's Representative, if anv (Planner, Attornev. etc): ___ Timothy E. I,{hitsitt, At-Lorrr-ey- F Address: ___3_ZQ_4aa_!__1!Le_qL,_-9!e__ZQ!- Telephone: --9 !-3---ql-5-3- city:-9:tl99l9qlg-L---- state:--c-q--- Zip code: -B--!92:- rnx:-?!-3--99-61 ) Doc. No.: STAFF USE ONLY Date Submitted:-----*---- TC Date: ) Planner: Zone District: Hearing Date: Lasf Revised:11121102 I. PROGEDURAL REQUIREMENTS One of the following 3 procedures shall apply to a request for an Amended or Corrected Plat. Apptication for an amendment to a recorded plat may be made, if the amendment a) does not increase the number of subdivision lots or dwelling units, b) results in the major relocation of a road or add new roads, or c) does not result in the relocation of property lines between more than two adjacent properties. An application for an amended plat shall be considered by the Board at a regularly scheduled public meeting. lf approved, the amended plat shall comply with plat requirements outlined below (subsection B). An application for an amendment to a plat of an existing subdivision, established prior to County subdivision regulations, that does not have an approved Preliminary Plan to verify ihe 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 criteria and public meeting requirements as follows: A. The Board shall not approve an application for an amended plat as mentioned above unless the applicant has satisfied the following criteria: 1) All Garfield County zoning requirements will be met; 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; 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; All applicable state and local environmental health and safety requirements have been met or are in the process of being met; 5) Provision has been made for any required road or storm drainage improvements; 6) Fire protection has been approved by the appropriate fire district; 7) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and B) Schoolfees, taxes and special assessments have been paid. The Board shall consider the amended plat request at a public hearing. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If proper notice has not occurred, the public hearing will not occur. Notice for the meeting shall be given as follows: 2) 3) 4) A. 1. (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. (3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. lf approved, the corrected plat shall comply with the requirements outlined below (subsection B). 3. A correction may be made to an approved plat, if the sole purpose is to correct technical errors such as minor surveying errors and drafting errors, and the correction is consistent with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical compliance, the corrected plat shall be brought before the Board at a regularly scheduled public meeting for review and decision. lf approved, the corrected plat shall comply with the requirements outlined below (subsection B). B. Upon approval of an Amended or Gorrected Plat by the Board, the following plat requirements shall apply: A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield County within ninety (90) days of Board approval. The Amended Plat shall meet the minimum Colorado Revised Statues ('CRS") standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at least the information as outlined in Section 5:22lFinal Plat Requirementsl of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. lt will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 3. 4. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. ln addition, shall the request require a public hearing, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or corrected plat. The Applicant is required to appear before the Board at the time and date of the public hearing or public meeting at which time the Board will consider the request. Should the request require a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was provided. Once the Board makes a decision regarding the amended or corrected plat request, Staff will provide the Applicant with a follow-up letter outlining the action taken by the Board. II. APPLICATION SUBMITTAL REQUIREMENTS (The following steps outline how an amended or corrected plat application review process works in Garfield County.) The following application submittal requirements shall onlv be applicable to Procedure 1 and 3 listed above in the "Procedural Requirements" section of this application. The application for an amended plat or corrected plat shall be submitted with the following: 1. A narrative explanation of the reason for the application. 2. The consent of all land owners involved. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment. 4. The Applicant shallsign the "Agreement For Payment" form and provide the $150.00 Base Fee with the application. 5. Provide 2 copy of the Application. Staff will request additional copies once the application has been deemed technically complete. B. For Procedure 2 listed above in the "Procedural Requirements" section of this application, the following supplemental information shall be submitted with the application: 1. Narrative explaining why the amended plat is being requested. 2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment. The plat shall delineated the fathering and receiving parcel(s) and/or boundary line(s) prior to adjustment, and the parcel(s) or boundary line(s) transferred/relocated following the adj ustment. 3. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. A. 2. 4.Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. Evidence of the soil types and characteristics of each type. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section B:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. lf connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. The Applicant shall sign the "Agreement For Payment" form and provide the $150.00 Base Fee with the application. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. tements above and have provided the required attached information which is B / te /2003 Timothy E. Wh sitt, ReDresentatP#E for High Country Starship Limited 5. 6. 7. B. 9 I have read correct and t' as,gn;t,-4"; .to the best t ttd.^l* q 'l..|.'!