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Home My WebLink About2.0 Staff ReportFile No. FPAA-8137 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 Kaiser Family Trust Michael Kaiser Tuttle Surveying Services Aspen Glen Subdivision, Filing 1, Lots F26 & F27, County of Garfield, State of Colorado Said property is located at 286 and 256 Bald Eagle Way, Carbondale (Parcel Numbers: 239320305026 and 239320305027; Lots F-26 and F-27 of Aspen Glen Filing 1), approximately 4.5 miles northwest of the Town of Carbondale, Colorado. The existing Tots sizes are approximately 0.75 acres (Lot F26) and 0.77 acres (Lot F27). The proposed combined lot size is approximately 1.52 acres. PUD — Aspen Glen (34 Acre Residential Zone District) RECOMMENDATION Approval with Conditions I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amended Plat to combine two lots (Lots F26 and F27). Both lots are located within the 3/4 Acre Residential Zone District of the Aspen Glen PUD. There is currently a single family dwelling on Lot F26 while Lot F27 is vacant. Both parcels are owned by the Kaiser Family Trust, who wishes to combine them into one. Combining the two lots would also result in the vacation of the drainage and utility easement between the two lots and building envelope on Lot F27. As a result, this Amended Plat will eliminate the development rights associated with Lot F27 and will result in one 1.52 acre 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 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. 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 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 Tots; 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. Referral comments from the County Engineer has indicated that a possible utility is located within the irrigation and drainage easement proposed for vacation. The Applicant will need to verify what kind of utility is indicated on the plat. Should a utility be located within a proposed easement to be vacated, the easement will need to be adjusted to reflect the utilities in the area. 3. No conflicts with the existing underlying zoning have been noted including lots size and setbacks. 4. No changes to existing utility locations or access are proposed as part of the amended plat process. 5. The drainage easements between Lot F26 and F27 is proposed to be vacated. As no new development is proposed on Lot F27 and that the parcels were graded as part of the Aspen Glen Development, drainage issues between the two lots are not anticipated. 2 6. The Application was referred to the Aspen Glen Homeowners Association. 7. The building envelope on Lot F27 and Utility Easement that currently exists between Lots F26 and F27 are to be vacated. By combing these two lots and vacating the building envelope on F27 along with the Utility Easement between the subject lots, the development rights for existing Lot F27 are also relinquished. 8. The Application was referred to the County Surveyor, who identified no issues with the proposed plat. 9. The Applicant completed the County Public Notice Information form indicating that public notice was sent on January 27, 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 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 Aspen Glen Filing 1, Lots F26 and F27 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 the County prior to submittal of the plat for final execution. All standard plat certificates and signature blocks shall be included on the final plat. 3. The Applicant shall verify whether or not there are utilities within the easements to be vacated. Should utilities be identified within the proposed easements to be vacated, then the easements will need to be modified to accommodate those utilities. Specifically, the Applicant will need to identify the utility(ies) shown on the plat between Lot F26 and Lot F27. 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. 3 Vicinity Map Aerial View of Aspen Glen Lots F27 (Northwest Lot) and F26 (Southeast Lot) 4 i,i,all lit 11E4 1274 (L906-1,6 XXL; SOL 6'—eiF 10916, of.,00: 'c6'i4s Po,. SAJJAdr7S �N/JJAWS Jztt.xt Garfield County PUBLIC HEARING NOTICE INFORMATION EXHIBIT 5 Please check the appropriate boxes below based upon the notice that was conducted for your public Mating. In addition, please initial on the blank line next to the statements it they accurately reflect the described action. My appllcatlon required wrtttenfmalled notice to adjacent property owners and mineral owners, mailed rotice was completed on the 2.:74- day of Nifr1"} 201eS 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. Ail owners of mineral interest in the subject property were Identified through records in the Clerk and Recorder or Assessor. or through other means {list] 1,..-14-r- • ,r14T • Please attach proof of certified, return r 0 My application required Published notice. r ested mailed notice Notice was published on the day of . 2014 • Please attach proof of publication in the Rifle Citizen Te ❑ My application required Posting of Notke. Notice was posted on the day of , 2014. Notice was posted so that at bast one sign faced each adjacent road right of way generally used by the public. 1 testify that the above information is true and accurate. Name: All I C4 1.. 4 Signature: Date_ David Pesnichak From: Michael Kaiser <mckmalibu@gmail.com> Sent: Tuesday, January 27, 2015 11:57 AM To: David Pesnichak Subject: Certified Mail Receipts Hi Dave, All 10 letters were mailed today. Five of them for the mineral rights owners have a return receipt card attached to the envelope. All the best, Michael 1 1..S. Postai Service CERTIFIED MAI RECEIPT Dormatic maw ftp U. S. Petal Service CERTIFIED MAIL? RECEIPT (44tc.1rs born R.+':3yN Faso Pow%o-3 rata as Gwea+m r 1441,4 raeeyas.A. aana $ tLS. Postai Service CERTIFIED MIAIL' RECEIPT Dews* me 004 2870 0000 5745 OES. Postai Service CERTIFIED MAIL RECEIPT ter: ac Aiwa only al a,4444014444 Rma.44,11 41044,414411.4444+ !tit • It44144 itaa �rm3 K7 P.7 Yatat i�xwvya 3 P ws 21377 00003 5745 U.S. Postal Service' CERTIFIED MAIL° RECEIPT tkfiTICAV Wit marry tlit, Await Lae oimilapwri 44 4414..4 a.l.twa Sand XMxeM.r B .: F1441 ?j trj U.S. Postal Service' CERTIFIED MAIL" RECEIPT Wows Mau 01,14 • now. KlaaV rx,.r,Rttt,tnrwar,+.1 4.1.44^. 41.1 uamw+r 1,t • 114.44444,4ati r4.4.4.1) av r*- mit rr,u aa�++ i' a U.S. Postai Service"" CERTIFIED MAW RECEIPT *$9c PAW M (.1 S. Postal Service" CERTIFIED MAIL' RECE PT Damra%r Mitt Onto C.:+,11.NO i.. RYARtta,kvotl, fob mrw<ry vo,. 2870 0000 5745 1371 U.S. Postai Service` CERTIFIED MAIL' RECEdPT Doroateic M*[td Only kev 3".s..eu�'w ri €s”.3 .4 l� ▪ tue<&raoszrww Ra 6.0.91 rima:.ma iNrs4 rr � gai F•14. e6za ▪ Taw :uW+k,pn A Mauro $__._ m m ra a VIC tYwr, UK dalV tsr.e. 5eu U$. Postal Service" CERTIFIED MAIDRECEIPT Domesy CZ ;unwrrar<r� A..t > Mr nAAy r44 ?. Ci tr,,ikower vat %SN:NWw'A R4tt FNtaapn A RI 1=1 1 EXHIBIT Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Jeffrey Tuttle — Tuttle Surveying Services From: Scott Aibner — Garfield County Surveyor Subject: Plat Review - Amended Final Plat of Lots F26 and F27 Aspen Glen Filing 1. Date: 02/17/2015 Jeff, Upon review of the Amended Final Plat of Lots F26 and F27, Aspen Glen Filing 1 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 David Pesnichak — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom February 11, 2015 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 17-0 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design _____; EXHIBIT RE: Review of Aspen Glen Amended Plat — Filing 1, Lots F-26 and F-27: FPAA-8137 Dear David: This office has performed a review of the documents provided for the Administrative Permit application of the Aspen Glen Amended Plat — Filing 1, Lots F-26 and F-27. The submittal was found to be thorough and well organized. The review generated the following comments: 1. There appears to be utility appurtenances in the easement to be vacated. The Applicant should address what is intended for these utilities. In the alternative, it is common for the Applicant to provide letters from the utility companies that there are not any utility lines or equipment within the easement to be vacated. 2. The Applicant should provide evidence in the form of a written opinion from a professional engineer or authorized authority to verify that there are no drainage or irrigation utilities within the easement to be vacated. Similarly, the opinion should also verify that there will not be a future need of the easement for drainage or irrigation purposes. Otherwise, the Applicant should propose removal and/or relocation of the appurtenances or future need. Feel free to call if you have any questions or comments. Sincerely, Mount. in Cross Engine rir�g, Ind. c is Hale, PE 826 1 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com