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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.08.2006• • Exhibits for Public Hearing on May 8, 2006— BOCC Amended Final Plat for Riverview Ranch Subdivision Applicant: Robert M. Regulski 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 May 8, 2006 E Application for the Amended Final Plat F Letter dated November 7, 2000 from the State Division of Water Resources G Staff Power Point Presentation H I J K L r S4 r- I, • • BOCC 5-8-06 RW Riverview Ranch Subdivision REQUEST: To Amend the Final Plat of the Riverview Ranch Subdivision Lots 1-6 OWNER/APPLICANT: Robert M. Regulski REPRESNTATIVE: Stuver, Lemoine & Clifton, PC LOCATION: East of Divide Creek Road between CR 335 and the Colorado River PROPERTY SIZE: Approximately 39 Acres ACCESS: CR 335 and Shore Drive WATER: Well SEWER: Septic - ISDS EXISTING ZONING: A/I — Agricultural Industrial 1. BACKGROUND AND PROPOSAL In 2000 the applicnat recorded the Final Plat for Riverview Ranch Subdivision. At the time, the subdivision consisted of the 6 total Tots. To the west and north of this subdivision are two unlpatted lots, also owned by Robert Regulski. These unplatted lots are currrently 2.08 and 3.95 acres. The applicant is proposing to extend the 6 lots of Riverview ranch to the north. These six Tots will be incoporated into the unplated lot (parcel # 2179-123-00-467) that is west and north of the subject subdivision. The new lots will be larger and obviously the "donor" tract will be come slightly smaller. The other unplatted lot (parcel # 2179- 123-00-466 will increase in size due to the fact that the property line will move to Shore Drive. The number of lots in the subject subdivsion will reamain the same. The exsiting access and rights-of-way will not change. All of the newly created parcels will be in conformance to the underlying A/I zone district. This amendment is quite simply a large scale boundary adjustement that will change the configuration of lots but not change the number of lots. In some instances the proposed change will benefit the unplatted lots by having direct access to Shore Drive • • 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 a Preliminary Plan. However, there are more than two adjacent properties that will have a relocation of the property lines. 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 Al zone district. In this district the minimum lot size is two acres. All of the affected lots will be larger than 2 acres. If single family homes will be built on the subdivision parcels they will be allowed as a use by right so long as they are considered customary or accessory to other uses by right in the zone district. The building envelopes will need to be moved to reflect conformance to all applicable setbacks. For lots 1-5 the building envelopes are too close to Shore Drive to meet the required setback. These envelopes will have to show the front yard setback is at least fifty (50) feet from the street centerline or twenty-five (25) feet from the property line, whichever is greater. As these lots are split by Shore Drive, the front yard setback will need to be at least 50 feet from the center line of that drive 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: All of the lots will have direct access from either Shore Drive or CR 335. No other accesses are 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: In the application from the Final Plat, there is a letter from the State Division of Water Resources determining legal and adequate water from the augmentation plan decreed in Case No. 99CW176. This plan allows for wells to serve the 6 Tots for residential water, water of two head of livestock and 100 square feet of irrigation. The application has also submitted a pump test and water quality analysis that was done on the property. On the proposed amended plat the location of the well for lot 6 is not shown. This will need to be shown on the Amended Final Plat prior to signature by the BOCC Chairman. As required in the original Final Plat, the applicant submitted a percolation test resultant in the ability to serve the lots with individual sewage disposal systems. 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: The existing drainage system will not change and should not affect the newly proposed lots or building envelopes F. Fire protection has been approved by the appropriate fire district; STAFF COMMENTS: Fire protection will be provided by the Burning Mountain Fire District. Please see the letter that is submitted with the application dated January 24, 2006 from the 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: All applicable fees have been paid. These fees were paid prior to recording of the original Final Plat in 2000. 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 Riverview Ranch Subdivision 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. 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 revised Amended Final Plat showing that all building envelopes conform to the underlying setbacks for the Al zone district and the location of the well for Lot 6. Amended Final Plat. - River View Ranch Subdivision A Tract of Land Situated in section 12 Township 6 South, Range 92 West of the 6th P.M. County of Garfield, State of Colorado Lot 1 L Lot 2Lot 3 Lot 4 Lot 5 Lot 6 Amended Final Plat River View Ranch Subdivision A Tract of Land Situated in Section 12 Township 6 South, Range 92 West of the 6th P.M, County of Garfield, State of Colorado Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 1 Amended Final Plat - Rivet- View Ranch Subdivision A Tract of Land Situated In Section 12 Township 6 South, Range 92 West of the 6th P,M. County of Garfield, State of Colorado Amended Final Plat River View Ranch Subdivision A Tract of Land Situated in Section 12 Township 6 South, Range 92 West of the 6th P.M. County of Garfield, State of Colorado Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 1 EXHIBIT "F" OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver. Colorado 80203 Phone: + 303) 8663581 FAX: (303) 866-3589 http://water.state.co.usidefault.htm Kit Lyon, Senior Planner Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 RFC v E D NOV 1 3 2000 STATE OF COLORADO November 7, 2000 Re: Riverview Ranch Subdivision SEY Sec. 12, T6S, R92W , 6''' P.M. W. Division 5, W. District 45 Bill Owens Governor Greg E. Walcher Executive Director Hal 0 Simpson. P,E. State Engin, Dear Ms. Lyon: Per your letter of September 29, 2000, we have reviewed the file to determine if accessory dwellings can be encompassed within the proposed water supply plan. Although the last sentence of the first paragraph of the Project Description submitted with the application states: "However, as the current Garfield County Land Use Regulations do not allow this accessory unit with the existing zoning and proposed lot configuration, the request for the accessory unit is being withdrawn", the augmentation plan decreed in Case No. 99CW176 does allow individual on -lot wells for 6 single family residential lots with two dwellings per lot, for a total of 12 dwellings. In summary, uses from each well are limited to two single family dwellings, watering of two head of livestock and 100 square feet of irrigation. Therefore, pursuant to Section 30-28-136(1)(h)(I), it is our opinion that the proposed water supply can provide for the proposed development, including the accessory dwellings, without causing material injury to decreed water rights and is adequate so long as the plan for augmentation is operated according to its decreed terms and conditions. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWK/CML/Riverview Ranch iii.doc cc: Orlyn Bell, Division Engineer Robert C. Klenda, Water Commissioner, District 45 March 24, 2006 Barbara Clifton, Esq. 120 West Third St. Rifle, CO 81635 0 Garfield County BUILDING & PLANNING DEPARTMENT RE: Riverview Ranch Subdivision Amended Plat Dear Ms Clifton, This office is in receipt of the Amended Plat Application for Riverview Ranch Subdivision. This letter is to inform you that the application has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. As a matter of process, the Board of County Commissioners shall hold an advertised public hearing on the proposed Plat Amendment at a regularly scheduled meeting on May 8th, 2006 at 1:15 pm. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been met Notice for the meeting shall be given as follows: 1. Notice by publication, including the name of the applicant, description of the subdivision, 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 such hearing, and proof of publication shall be presented at hearing by the applicant.i 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, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 February 17, 2006 Barbara Clifton Stuver, LeMoine & Clifton, P.C. PO Box 907 Rifle, CO 81650 Garfield County BUILDING & PLANNING DEPARTMENT RE: Amended Final Plat for Riverview Ranch Subdivision Ms. Clifton, This letter is regarding the application you have submitted to our department regarding the Amended Plat for Riverview Ranch. At this time the application does not include all required information. The application is therefore deemed incomplete and our department will not process the submission any further until the following information listed below has been provided to the satisfaction of this office. Please address the following items and submit modified information to this office so that we may continue in the review of the application: 1. 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 adjustment. Please do not hesitate to contact this office should you have any questions. Best Regards Richard Wheeler Senior Planner Garfield County 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 NOTES R EoE I PT ff,.� RECEIVED FROM �Cls� DATE NO. 8380 ADDRESS FOR • ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID IDO --� ,a $C 1 BALANCE DUE MONEY ORDER BY ©2001 REDIFORM 8L806 • STUVER, LEMOINE & CLIFTON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREETR J CEIV D P. O. BOX 907 ��11 RIFLE, CO 81650 JAN 2 6 26 T�RANSMITTAL LETTER GARFIELD COUNTY BUILDING & PLANNING TELEPHONE 970-625-1887 FAX 970-625-4448 DATE: January 24, 2006 TO: Fred Jarman Garfield County Building & Planning Dept. 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 RE: Riverview Ranch Subdivision DOCUMENTS SUBMITTED X Original and one copy of Amended and Corrected Plats Application Check No. 3591 Robert M. Regulski in the amount of $100.00 TRANSMITTED: X For processing in your office OTHER MESSAGE: Thank you. Very truly yours, STUVER, LeMOINE & CLIFTON, P.C. ;,.7 By: Barbara L. Clifton BLC:pac Enclosures • • 3591 ROBERT M REGULSKI RIFLE SKI CORP. P 0 Box 9 Rifle, CO 81650 PAY THE ORDER OF 100 E. 4th Street ' 970)970) 00 81650 ® ( ( 625-9810 • Alpine Into -Line (970) 945-4433 um IN • • I