Loading...
HomeMy WebLinkAbout2.0 DD Staff Report 12.01.2016Directors Determination — Staff Report Exhibits Applicant is David J. and Renee T. Miller Amended Final Plat - Administrative Review December 1, 2016 (File FPAA-09-16-8484) Exhibit Number 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 10, 2016 8 Referral Comments from the County Designated Engineer — Dated November 9, 2016 9 10 Referral Comments from Colorado River Fire Rescue — Dated November 10, 2016 Letter from Quinn Whitten requesting an extension to the Directors Determination date 11 Letter from David Pesnichak accepting the requested extension to the Directors Determination date — dated November 9, 2016 12 Referral Comments from the County Surveyor — Dated November 30, 2016 File No. FPAA-09-16-8484 Director's Determination DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Final Plat David J. and Renee T. Miller Quinn Whitten Divide Creek Surveyors, Inc. Section: 7 Township: 6 Range: 91 NW Subdivision: GILEAD GARDENS Lot: 3, County of Garfield, State of Colorado Said property is located at 1577 County Road 335, New Castle (Parcel Number: 218107303003; Lot 3, Gilead Gardens Subdivision), approximately 2 miles east of the Town of Silt, Colorado. The existing lot size is approximately 4.003 acres (Lot 3). Rural RECOMMENDATION Approval with Conditions I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amended Final Plat to relocate the building envelope on Lot 3 of Gilead Gardens Subdivision. The lot is located within the Rural Zone District. There is currently a barn on the property which was built outside the approved building envelope. The parcel is owned by David J. and Renee T. Miller. The proposed amendment would not change the size of the building envelope or impact the size of the Lot as is currently approved. 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 to result from the lot line modification. The Applicant requested a waiver from the submittal requirements for an Improvements Agreement and Codes, Covenants and Restrictions (CCRs). These requests are deemed appropriate for the Application as no new improvements are proposed or required as a result of the Amended Plat and no new CCRs are proposed. On November 8, 2016 the Applicant requested an extension of the Directors Determination date to allow time to correct notice deficiencies that were identified by Staff. The extension was accepted on November 9, 2016 with the new Directors Determination date set for December 1, 2016. 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 and no new CCRs are proposed. Public notice was required for the Director's Determination 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 Tots; and - The proposed Amended Plat will not create any new 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. 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 requested submittal of a more complete plat for final review. Staff recommends a condition of approval that the applicant resubmit the plat with the corrections identified by Community Development Staff and to the satisfaction of the County Surveyor. 5. The Applicant completed the County Public Notice Information form indicating that public notice was sent on November 15, 2016 and November 16, 2016. 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. 2IPage Staff has reviewed the Applicants 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 Gilead Gardens Subdivision, Lot 3 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 Amended Final Plat shall be modified as follows: a. A location map shall be added to the plat. This map shall be black and white only. b. The names and addresses of the mineral owners shall be added to the plat. c. The footprints for the barn, proposed house, ditches, and fence shall be removed from the plat. d. Any ditch easements shall be shown on the plat. e. The Title Commitment used to ensure that all easements and encumbrances are shown on the plat shall be referenced in the Plat Notes. f. Add reception number for the original plat in the Plat Notes, A) Purpose Statement. g. Add Plat Note that says: "All plat notes identified on the Gilead Gardens Plat found at Reception Number remain in full force and effect". h. Replace the title in the project box in the lower right from "Site Plan" to "Amended Final Plat". i. Rename the Plat from "Preliminary Plan To Amend Lot 3" to "Amended Final Plat for Lot 3". j. Add the book and page for the existing Protective Covenants in the Plat Notes. k. Correct the Certificate of Dedication and Ownership to insert the names of the owners after "The undersigned,,". I. Correct the County Commissioners Certificate to include the missing last sentence. In addition, correct the type of application from "Amended Exemption Plat" to "Amended Final Plat". m.Insert date of field work in the Surveyor's Notes #3. n. Add the Gilead Gardens Subdivision Plat Reception # in the Surveyor's Notes #6. o. Correct the Title Certificate to include the correct property owners. 3. The Plat shall be subject to final review and approval by the County Community Development Staff and County Surveyor prior to submittal of the Mylar plat for final Wage execution. All standard plat certificates and signature blocks shall be included on the final plat. 4. 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, and any mortgagees; b. Recording Fees. Aerial View (Existing Uses Not Shown) 4 1Page Proposed Amended Final Plat 1 �7. 11 6g >_ iao 3 > _1(/) U - w W D • ¢ U F cr00• 0 a o 5WPagc 1 CGarfield County PUBLIC HEARING NOTICE INFORMATION EXHIBIT 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 or My application required written/mailed notice to adjacent property owners and mineral owners. lam' Mailed notice was completed [wt 046' 4,/4 day of dobee .tit 1'jor , 201E MI owners of record within a 200 foot radius of the subject parcel were identified di shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice yam` API owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [Batt ▪ Please attach proof of certified, return receipt requested mailed notice, ❑ My applkatlon required Published notice. Notice was published on the day of • Please attach proof of publication in the Rifle Citizen telegram, 0 My application required Posting of Notice. 2016. Notice wsras posted on the day of , 7a 16, Notice was posted so that at Ie generally tisiect by the public, erre sign faced each adjacent read right of way 1 testify that the above itd'urmation is true and accurate. Name: ]]-J M l , Signatore7 Date, /if /± /2o( 11E3ewe f11 doses U.S. Postal Service'" CERTIFIED MAIL`'' RECEIPT Doniosfic Mail Only Far delivery InfurM.ilior7..viiissisit Our wI2t3Si1r7:1I sv1VW..ASP5.com _0 6laF F �J I041 U S EEg—r� 04 CAitllloa Nair Foe typlrm4.ed too alW 0 Wan, n.crslA C+ PYI $ pFkottrr nicolpti+w+ f— 10 Ceased '.'-i mairsowa D.trN• � 8. 3 _$0-:60-- fjAdvabf-marlswlee-edaaev.y f--- Poatage Total POilipa mad $0.47 11.42fevoc,i ic Hare 11/15/2016 ea rpt Ii + "'~ See HevclMe lnr ln9leuehons P.S.' Form 3000, Apul 2015P;} 753D41;0040.17 S •xiras: 069 t rckDo.e•ar me aawtivu�tll4'al °new. em Ph $ MVV VV �V p f4nrn f .ceex swetvKl 1 p Ceruses Mel ReWxkad Donn 1 guava $)'. xi n.io-+a d o+r,"y $ bozsix th EXHIBIT 2 4 ,4sC aspspun Jta•+5d VIP semr.• ru 1n s•.. fit �T U.S. Postal Service' CERTIFIED MAIL' RECEIPT Domestic (Hail Only For dulivury Oar wilco. vises our vdeb3ite al r+nusonr AL USE -� Maj m 63.30 to on POstage $0.47 $ olil Paving sod Fere 4 S 7GO7 sneer- r, iso: F1D �dx *54 4pt PS Form 30 0 Apr 112015 f.SFi 77,70. 02 oeo.2 4Soo Reverse for 1801 rue lions 0591 04 11/15/2016 ts LL c --- U.S. U.S. Postal Servicer. CERTIFIED MAID RECEIPT Dwflesric Mail Only Fer rir_•llvrry Nlforlllfltiorl, visit aurvrobsitc at tin 4., lisps.corrT >� �I A �9Pe6;7AL USE edit!,. Mal ae 63.30 s ax•r tlAt ficarrlliso.lpleel 1 (amoebae add i1I �Dae"" 3 me screw 1- ©+t�i &fpnaalry ReaMap DIS4ry 1-43(11461— Postage 7o ta1 $ sant 13 $4.47 • 94.47 C fy sre, rs4 0591 04 Postmark Hare 11/15/2016 PS Forin 3[100, April 2015 I1SN740,0470,a047 yr• Rev i'rs if r rL1C 110115 •no•. v4+ us 1 U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at wwW.uspS.corrt''. NE VLE' CD g�L Certified Mai! Fee $3.30 Extra Services & Fees (check box, ani /ea ste) ❑ Return Receipt alardeopy) p _ n I• 0 Return Receipt (electronic)ii * _ ; ❑ Certified Mall Restricted Delivery Adult Signature Required ❑ Adult Signature Restricted Delivery' t .[1ai Postage $11.47 'L Total Postage and Fees $6.47 Sant To L o -Street and Apr. No., or F50 Boz .:. . L. Laity, State, ZiP+~i TO 0 05 Here C PS Form 3800, April 2015 PSN 7530-02.000.9047 o [L7 ru N co co0 m iru D 0 r` ru -13to 1r - i U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our w' 'site anus?:: com U. SILT:i CO: 1652 Certified Mail Fee -, - $6.,10 Extra Services & Fees (checcbox. ackifee 4; ❑ Receiptc cop $ ❑ Return Receipt (electronic) S ❑ Certified Mall Restricted Delivery $ ❑ Adult Signature Required S ❑Adult Signature Restricted Delivery $ Postage $0.47 Total Postage and Fees 7 12 11 6 Sant To Street and rfN„ s"ra: - `n -AL -1. 0 HOZ City, .tate, 't See Reverse for Instructions PS Form 3800, April 2015 PSN 7530-02-000.9047 EXHIBIT 1 Garfield County To: David C. Nicholson - Divide Creek Surveyors Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Gilead Gardens Lot 3 Amended Final Plat Date: 11/10/2016 SURVEYOR SCOTT AIBNER, P.L.S David, Upon review of the Gilead Gardens Lot 3 Amended Final Plat, I have comments or corrections to be made prior to approval for survey content and form as follows: 1) Please resubmit a more complete plat. Once all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning 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 — Building and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 ' Fax: (970)384-3460 • e-mail: saibner@garfield-countycom MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design November 9, 2016 Mr. David Pesnichak Garfield County Planning 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT H RE: Review of the Final Plat Amendment for Gilead Gardens, Lot 3: FPAA-09-16-8484 Dear David: This office has performed a review of the documents provided for the review of the Gilead Gardens Lot 3, Amended Final Plat application. The submittal was found to be thorough and well organized. The review generated no comments. Feel free to call if you have any questions or comments. Sincerely, Mount, 'n Cross Engineeng, Inc. iris Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak From: Orrin Moon <Orrin.Moon@Crfr.us> Sent: Thursday, November 10, 2016 8:16 AM To: David Pesnichak Subject: Gilead Gardens Lot 3 EXHIBIT David, I have reviewed the Gilead Gardens Lot 3 Amendment Proposal, File # FPAA-09-16-8484. Owners are proposing to move the building lot on the plat to the north within existing lot 3. Colorado River Fire Rescue Has no requirements or concerns with the proposed building lot move requested by the owners. Thanks again for allowing me to review this proposal and feel free to contact me with any questions or concerns. THANK YOU, ORRIN D. MOON PREVENTION DIVISION CHIEF/FIRE MARSHAL COLORADO RIVER FIRE RESCUE 970-625-1243 orrin.xnoonc crfr.iis 1 EXHIBIT ICJ 1 ATTN: Garfield County Building and Community Development RE: Gilead Gardens Lot 3 Plat Amendment This letter is a request for an extension of the Director's Determination date currently set for November 16th, 2016. Due to a clerical oversight we are asking that the date be pushed to November 25th or later. This will allow us time to properly notify adjacent property owners of the proposed Plat Amendment for Lot 3. We are sorry for any inconvenience caused by this delay and look forward to resolving this issue as soon as possible. I will be completing the notifications and mailings no later than November 10th prior to 4:OOpm. it is for this reason that we are requesting a date past November 25th to allow the necessary 15 day period to elapse. I will forward copies of mailing receipts for all adjacent property owners at mailing addresses as listed with the Garfield County Assessor's office. The exception to this is in reference to Ken and Claudia Ward as Claudia has passed and 1 believe it would be in poor taste to improperly address a notification to a close friend and neighbor. Please let me know if this will be problematic to the Plat Amendment process. Feel free to contact myself or David Miller via email with any questions or comments. Thank you for your time and consideration in this matter. I look forward to working with the Building Department in this matter and in the coming months to get a residential building permit and beginning construction on our new Home on the aforementioned lot. Regards, Quinn Whitten EXHIBIT Garfield County COMMUNITY DEVELOPMENT 108 Eighth Street, Suite 401, Glenwood Springs, CO 81601 Tel: (970) 945-8212, Fax: (970) 384-3470 November 9, 2016 Quinn Whitten 11 Crystal Circle Carbondale, CO 81623 RE: Gilead Gardens Subdivision Lot 3 - Amended Final Plat (File No. FPAA-09-16- 8484) Dear Mr. Whitten: Thank you for requesting an extension of at least 10 calendar days for the scheduled Directors Determination date for the aforementioned Amended Final Plat. This request has been reviewed and has been accepted. As the currently scheduled Directors Determination date for this application is Wednesday November 16, 2016 and considering the Thanksgiving holiday, the new Directors Determination date is Thursday December 1, 2016. Please be sure that this new Directors Determination date is accurately reflected in the new public notice sent to adjacent property owners and mineral owners Please contact me if you have any questions. Sincerely, David Pesnichak, AICP 1 EXHIBIT Garfield County To: David C. Nicholson - Divide Creek Surveyors Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Gilead Gardens Lot 3 Amended Final Plat Date: 11/30/2016 David, SURVEYOR SCOTT AIBNER, P.L.S Upon review of the Gilead Gardens Lot 3 Amended Final Plat, I have comments or corrections to be made prior to approval for survey content and form as follows: 1) Annotate the new building envelope boundary. There must be enough information on the plat to stake all boundaries on the ground. Once this and all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning 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 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom