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HomeMy WebLinkAbout3.0 DD Staff Report 12.01.2016File No. FPAA-05-16-8456 Director's Determination 12/1/16 GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Plat Cooperton Townsite, Block 10, Lots 21 - 27 Patrick Morrissy & Jean Ray Campbell Sopris Engineering The site is located in Section 28, T7S, R88W of the 6th p.m. and is more fully described in a Warranty Deed recorded at Reception No. 872776. It includes Lots 21 — 25 Block 10 of the Cooperton Townsite Plat and a metes and bounds described as Lots 26 and 27 in the deed. The property is located on Cedar Dr., (with the address to be determined), west of the Town of Carbondale, and known by Assessor Parcel No. 2393-284-10-004 0.552 Acres (24,045 sq.ft.) Residential Urban (RU) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an amended final plat to eliminate the lot lines for the existing platted lots within the Cooperton Townsite, combining the lots into a single parcel for the development of a single family residence. The property includes a metes and bounds described area that will also be combined into the new lot. The new lot is shown as Lot M on the draft plat. The metes and bounds areas is located within the Townsite plat and is described as comprising what would be lots 26 and 27 of Block 10, had said Block 10 been extended north to Glenwood Avenue. II. AUTHORITY - APPLICABLE REGULATIONS The Amended Final Plat Application is being processed in accordance with Section 5-305, Amended Final Plat and 4-103, Administrative Review of the Land Use and Development Code. An excerpt from Section 5-305 (C) containing the Review Criteria for an Amended Final Plat is provided below. Public notice for the Director's Decision is required in accordance with Sections 4-103, 4- 101 and Table 5-103. The Applicant has provided copies of certified mailings to all property owners included on the list of owners within 200 ft. Based on research by the Applicant and their Title Company no known owners of separated minerals rights have been found for the property. 5-305 AMENDED FINAL PLAT REVIEW. EXCERPT FROM LAND USE AND DEVEOPMENT CODE C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. III. STAFF ANALYSIS GENERAL 1. The Application complies with the Review Criteria contained in Section 5-305 (C) noted as follows: • The Application will not result in an increase in the number of lots. • The Application will not result in the relocation of any major roads and does not add any new roads. 2 • The proposed plat will correct and clarify past legal descriptions affecting property. 2. The combined lot created by the amended plat will be conforming to the underlying Residential Urban (RU) zone district which has a 7,500 sq.ft. minimum lot size. Based on the improvement location information provided by the Applicant's surveyor and the vacant condition of the property, no nonconforming conditions will result from the proposed plat amendment. 3. Lots within the Cooperton Townsite are permitted to utilize on-site waste water treatment systems (OWTS) pursuant to Table 7-105 of the Land Use and Development Code as a legal nonconforming lot. The combined lot will be larger in overall size and better able to accommodate development for a single family residence including an OWTS. 4. The setbacks as shown on the plat are consistent with the requirements contained in the Land Use and Development Code for the Residential Urban zone district. However, they are not required to be shown on the amended plat. The setbacks and delineation of a building envelope shall be removed consistent with past direction from the County Surveyor and County Attorney's Office. 5. No other changes are being requested and there are no changes to any easements or utility alignments resulting from the proposed changes. REFERRAL COMMENTS 6. The Application was referred to the County's Consulting Engineer, Chris Hale, Mountain Cross Engineering. His comments noted the need to address whether easements exist for the Rockford Ditch lateral that crosses the southerly portion of the property. (see attached letter) 7. The Application was referred to the County Surveyor's Office. He noted that the general plat notes in regard to basis of bearing, survey units, etc. are missing from this plat. (see attached email) TECHNICAL 8. Review of the amended plat by the County Attorney's Office will be conducted prior to presentation of the plat for signatures. All concerns of the County Attorney's Office including signature blocks and plat notes shall be addressed by the Applicant. 9. The plat note describing the purpose of the amended plat shall be revised to eliminate the reference to setback dedication, revise the reference to eliminating lot lines to read between Lots 21 -25, and reference the inclusion of the metes and bounds described property from the Applicant's deed into the newly combined lot. The note shall read as follows subject to final approval and editing as needed by the County Attorney's Office. 3 The purpose of this plat is to vacate the lot lines between Lots 21 — 25, Block 10 and include within the proposed combined lot that portion of the Applicant's property described with a metes and bounds description in the warranty deed recorded at Reception No. 872776, with the Garfield County Clerk and Recorder. 10. The title of the Amended Plat shall be revised to replace the reference to Lots 26 and 27 with an appropriate reference to the metes and bounds described property covering that portion of the property as contained in the owner's recorded deed. 11. The note on the draft plat describing the Denver and Rio Grande Western Railroad right-of-way line, shall be amended to include reference to the Relinquishment and Disclaimer document recorded at Reception No. 310718. The relinquished area of railroad right of way lies within the Cooperton Townsite Plat. The proposed amended plat is an appropriate process for documenting the combination of the properties reflected in the Applicant's deed and the removal of the property lines associated with the platted lots. 12. All easements noted in the Applicant's Title policy shall be included on the plat. A plat note stating that all easements have been shown on the plat shall be added and shall reference the Applicant's Title Policy Number for the property. 13. The Applicant shall provide a letter from the ditch owner accepting that the proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. An easement for the Rockford Ditch Lateral shall be included on the plat. Any changes to the ditch associated with future development of the property shall be subject to approval by the Ditch Company. A plat note indicating such a restriction shall be added to the plat and subject to final review and approval by the County Attorney's Office. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that subject to compliance with conditions of approval the Amended Final Plat of Lots 21 — 25, Block 10 of the Cooperton Townsite, including the metes and bounds property described in the Warranty Deed recorded at Reception No. 872776 meets the requirements and standards of the Garfield County Land Use and Development Code including the Amended Plat Review Criteria contained in Section 5- 305. The Application 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. All requirements from the County Surveyor's referral letter, dated 11/29/16 shall be addressed to the satisfaction of the County Surveyor prior to submittal of the plat for final execution. 4 3. The Plat including signature blocks and plat notes shall be subject to final review and approval by the County Attorney's Office prior to submittal of the plat for final execution. 4. The following edits shall be made to the plat prior to submittal for final execution: a. The setbacks and delineation of a building envelope shall be removed consistent with past direction from the County Surveyor and County Attorney's Office. b. The plat note regarding the purpose of the amendment shall be amended to read as follows, subject to final approval and editing by the County Attorney's Office: The purpose of the this plat is to vacate the lot lines between Lots 21 — 25, Block 10 and include within the proposed combined lot that portion of the Applicant's property described with a metes and bounds description in the warranty deed recorded at Reception No. 872776, with the Garfield County Clerk and Recorder. c. The title of the Amended Plat shall be revised to replace the reference to Lots 26 and 27 with an appropriate reference to the metes and bounds described property covering that portion of the property as contained in the owner's recorded deed. d. The note on the draft plat describing the Denver and Rio Grande Western Railroad right-of-way line, shall be amended to include reference to the Relinquishment and Disclaimer document recorded at Reception No. 310718. e. All easements noted in the Applicant's Title policy shall be included on the plat. A plat note stating that all easements have been shown on the plat shall be added and shall reference the Applicant's Title Policy Number for the property. f. An easement for the Rockford Ditch Lateral shall be included on the plat if requested by the ditch company. The width of the easement shall be as requested by and acceptable to the Ditch Company. 5. The Applicant shall provide a letter from the ditch owner accepting that the proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. Any changes to the ditch associated with future development of the property shall be subject to approval by the Ditch Company. A plat note indicating such a restriction shall be added to the plat and subject to final review and approval by the County Attorney's Office. 5 _•��� EXCERPT FROM LOTS 21-27, BLOCK 10, AMENDED PLAT A PARCEL OF LAND SITUA to IN LO 1 19 OF SK.I IUN Lk5 TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEETIOF1 KAT 6UR6CSE AOT. I)LE TURPCSE CP 1115 ELAT i3TC YA:FTE THE LCT IP/ CS EET.ti SEEN:On:147 1300( SD AN* TO CED:UTETHE SITBACCS SNOW 1E%EAN THENEAT ESTAALISNING SAIL M -A WU LATS AS 4S NGL PARCEL 0, UM 1.,23/14 S89.22'00" E 04,111S M. NIDDTi A21:510RTMCR 2337.10.9401 323143 di LOT M 24,063 s5. N. 0.552 aces Ltt7161/W� L1 )lag 13750' .y Ennrw i N S722.0C"' W 137:0 nunor1 N: VnA LI KAM( 1 W1l4I .ww.e1 7A1CCEL e 2W:1 A.1.331X2+•UL C/ 1.3l3A,:1, L3. l7, L 73 eAWR W. ctretRPON 0,37105 7fl0 11TJ P.E:ErnCN Tw 03,76 MCEMIHMett )3C11.711 -!6-H3 DURi:M'W. NCC, Si an 6 \1 Area of Ditch Lateral South Portion of the Site Area of Ditch Lateral East of the and off the Site Typical View of Ditch Lateral 8 November 12, 2016 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNT/MN CROSS ENGINEERING, INC. T Civil and Environmental Consulting and Design RE: Cooperton — Morrissy Amended Plat: FPAA-05-16-8456 Dear Glenn: This office has performed a review of the documents provided for the Cooperton-Morrissy Amended Plat Application. The submittal was found to be thorough and well organized. The review generated the following comment: • The Applicant should further explain the relocation of the ditch that is proposed and identify if the ditch has an associated easement that may also require relocation. The plat does not seem to describe an easement for the ditch but may need to. Feel free to call if you have any questions or comments. Sincerely, Mount'n Cross Engineering Inc. is Hale, PE 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Mark Beckler: Sopris Engineering — LLC From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Amended final Plat - Lots 21-27, Block 10, Cooperton Townsite Date: 11/29/2016 Mark, Upon review of the Amended final Plat - Lots 21-27, Block 10, Cooperton Townsite Plat, I have comments or corrections to be made prior to approval for survey content and form as follows: 1. The general plat notes in regards to basis of bearings, survey units, etc. are missing from this plat. 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 Glenn Hartmann — Community Development Department 109 8th Street, Suite201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mai1.saibner@garfield-countycom Glenn Hartmann From: Wyatt Keesbery Sent: Thursday, December 01, 2016 8:13 AM To: Glenn Hartmann Subject: RE: Cooperton Amended Plat (FPAA-05-16-8456) & IRMW Minor Sub (MISA-09-16-8490) Everything looks good on these referrals. Thanks Wyatt From: Glenn Hartmann Sent: Thursday, December 01, 2016 7:58 AM To: Wyatt Keesbery Subject: Cooperton Amended Plat (FPAA-05-16-8456) & IRMW Minor Sub (MISA-09-16-8490) Hi Wyatt: I could not remember if we spoke about these referrals by phone. They both involve County Roads, one in Cooperton and one off of County Road 100. Neither is a major project. If you have any comments please send me an email today if possible. Thanks very much. I've been booked up with these reviews so I'm still working on your pre -app for the Roadway Vacation on Harvey Gap Road. I should have that to you soon. Sorry about the delay. Glenn. Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 ghartmann@garfield-county.com 1