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Home My WebLink About3.0 DD Staff Report 06.18.2016File No. FPAA-06-16-8472 Director's Determination GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Subdivision Exemption Plat for the Exemption Approved by Resolution 81-162, aka Crystal Springs Farms Subdivision Exemption Plat Phyllis Smilack High Country Engineering The site is located in Section 13, T7S, R88W of the 6th p.m. and is known by Assessor Parcel Numbers 2393-133-00- 395, 2393-133-00-394, and 2393-133-00- 393. The property is located at 2755 County Rd. 103, Carbondale, CO 81623, approximately 4.5 miles northeast of the Town of Carbondale. Tract A - 5.56 (proposed) Tract B - 3.56 (proposed) Tract C - 6.52 (proposed) Rural (R) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an amended final plat to modify and reconfigure the lot lines between the three tracts, A, B, and C that were previously approved by Resolution No.81- 162. Legal descriptions for the lots were approved by the resolution (see attached Resolution), however, no plat was required to be recorded. Under the current code the County policy is to require the filing of an amended plat to modify the Tots. The overall property is approximately 16 acres in size and the newly configured lots will be approximately 3.5, 5.5 and 6.5 acres in size. Tract Current Size (acres) Proposed Size (acres) Change (acres) A 3.76 acres 5.56 + 1.8 B 7.47 acres 3.56 - 3.91 C 3.75 + 0.68 acres 6.52 +2.09 The proposed configuration of Tract C contains an existing single family residence and various outbuildings and sheds. The proposed Tract B contains a variety of agricultural buildings including sheds and silos. The proposed Tract C will be vacant but is improved with a variety of agricultural fences. The primary uses on the property are residential and agricultural. The site has gentle slopes and no significant features or development constraints are noted on the property. No special conditions or concerns were identified in the 1981 Resolution and approval. The tracts will all maintain frontage on County Road 103. A power line easement is included on the plat which serves all three tracts. Portions of the existing power line easement are proposed to be vacated as those sections will no longer be needed. Confirmation with Holy Cross Electric will be needed for the vacation of previously granted easements. A water line easement for the existing well to be shared between the tracts is included on the plat. Confirmation that the easement adequately serves all three lots will be needed. Each lot maintains adequate size for the installation of a new onsite waste water treatment system (OWTS). No other changes related to Article 7 Standards are proposed. 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. 2 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. and the list of mineral rights owners on the Applicant's properties. 5-305 AMENDED FINAL PLAT REVIEW. 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 1. The proposed adjustments are consistent with the underlying Rural (R) zone district. The adjusted lots will remain conforming to the Land Use Code for minimum lot size. 2. The Applicant will need to provide documentation that all existing structures will be conforming for setbacks or documentation that the structures have been removed, prior to recording the amended plat document. An updated improvement location survey will need to be provided. 3 3. The plat needs to reflect that all easements on the property are shown on the plat. EXISTING SHEDS & AGRICULTURAL OUT BUILDING 4. The Applicant will need to provide documentation acceptable to the County Attorney's Office that Holy Cross Electric is in agreement with any vacations of utility easements that they hold on the property. 5. The Applicant will need to provide documentation to confirm that all three tracts will be adequately served by the proposed water line easement for the shared well. 6. The Application was referred to the County Surveyor's Office. Comments received indicate that the County Surveyor's Office had questions regarding the boundary corners and descriptions as to what was found or set. The Applicant will need to address the County Surveyor's comments prior to recording the plat. (see attached referral letter) 7. The Application was referred to the County Road and Bridge Department. The Department commented that everything looked o.k. to them. (see attached referral comments) 8. Final review of the 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. Additional plat notes and edits to the plat shall be required as noted below: • A plat note clarifying that while the exemption was approved by Resolution 4 81-162 no initial plat was recorded at that time. • A plat note indicating that all easements of record are shown on the plat. • Correction of plat note #6 to read Subdivision Exemption Plat not boundary line adjustment plat. • References to overhead utility easements and electric easements need to include reception numbers for the appropriate easements as noted in the Applicant's title policy. • Any irrigation easements on the property need to be shown on the plat. • The previous boundary line adjustment at the south end of the property referred to by Book 1493, Page 644 needs to be further identified on the plat with recording information for the boundary line adjustment affidavit and deeds provided. 10. 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. • The criteria regarding correction of survey errors is not applicable as no survey errors have been noted. However, compliance with the County Surveyor's comments will help to provide better survey documentation. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that subject to compliance with conditions of approval the Crystal Springs Farms Subdivision Exemption Plat, a plat amending the previously approved Subdivision Exemption in Resolution No. 81-162 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. Prior to presenting the plat for recording, the Plat including signature blocks and plat notes shall be subject to final review and approval by the County Attorney's Office. 3. Prior to presenting the plat for recording, the following plat notes and edits shall be included on the plat: a. A plat note clarifying that while the exemption was approved by Resolution 81-162 no initial plat was recorded at that time. b. A plat note indicating that all easements of record are shown on the plat. 5 c. Correction of plat note #6 to read Subdivision Exemption Plat not boundary line adjustment plat. d. References to overhead utility easements and electric easements need to include reception numbers for the appropriate easements as noted in the Applicant's title policy. e. Any irrigation easements on the property need to be shown on the plat. f. The previous boundary line adjustment at the south end of the property referred to by Book 1493, Page 644 needs to be further identified on the plat with recording information for the boundary line adjustment affidavit and deeds provided. g. Correction of required certificates and signature blocks on the plat to conform with current County requirements. 4. Prior to presenting the plat for recording the Applicant shall provide an improvement location survey that documents that all existing structures will comply with setback requirements based on the new lot configuration or document that any structures that do not comply with setbacks have been removed. 5. Prior to presenting the plat for recording the Applicant shall address the County Surveyor's referral comments to his satisfaction including provision of additional information on boundary corners. 6. Prior to presenting the plat for recording the Applicant shall provide documentation acceptable to the County Attorney's Office that Holy Cross Electric is in agreement with any vacations of utility easements that they hold on the property. 7. Prior to presenting the plat for recording, the Applicant shall provide documentation to confirm that all three tracts will be adequately served by the proposed water line easement for the shared well and modify the easement as needed. 6 Views of the Site View lookin« north across Tracts A&B View looking west across Tracts A&B 7 View looking southwest across Tract B&C View looking south toward Tracts C 8 STATE OF COLORADO ¢s. County of Garfield At a reguia} meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on 'f'llea .c't.ii.y , the 2.6.t.h day of May A. D. 19 81 there were present: Larry VelasclueA Fltven J. Geri sc Eugene "Jim" n>iinkllQ Arthur A. Abplanalp,,,•, jr Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to•wit: RESOLUTION NO. 81-162 , Commissioner Chairman , Commissioner Commissioner County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 81-105 FOR STEPHEN SMILACK. WHEREAS, Stephen Smilack has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdiv- ision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 16 acre tract described as follows: In Documents 17 231840 amd 11 240816 filed in the Office of Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 3.75, 3.76 and 7.47 acres each, more or less, which proposed divided tracts are more part- icularly described as follows: Tract A: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning at a point on the South line of Lot 10 from which the Southeast corner of said Lot 10 bears N.89°47'32" E. 708.33 feet; and the South 14 corner of Section 13, Township 7 South, Range 88 West, of the Sixth Principal Meridian, a brass cap in place, bears S.00°27'54" E. 1324.03 feet from said Southeast cor- ner of Lot 10; thence S.69°47'32" W. 299.14 feet; thence N.00°06'19" W. 170.55 feet; thence N.25°34'08" W. 29.45 feet; thence N.03°21'33"E. 403.91 feet; thence S.67°55'44" E. 311.30 feet; thence S.00°00'00" E. 482.27 feet to the point of beginning and containing 3.75 acres more or less. Also a 30.00 foot easement lying Northwesterly and para_lel to the following described line; beginning at the Northeasterly corner of the above described tract; thence N.00° W. 85.00 feet; thence N.14°18'45" W. 265.00 feet; thence N.39°09'54" E. 74.96 feet; thence N. 48°51'05" E. 333.72 feet to the westerly right-of-way of an existing county road. Tract B: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning on the westerly right-of-way of an existing county road from which the Southeast corner of said Lot 10 bears S.00°54'50" W. 1100.65 feet, and N. 89°47'32" E. 62.60 feet; and the South t; corner of Section 13, Township 7 South, Range 88 West, of the Sixth P.M., a brass cap in place, bears S.00°27'54" E. 1324.03 feet from said Southeast corner of Lot 10; thence S.48°51'05" W. 333.72 feet; thence S.39°09'54" W. 74.96 feet; thence S.14°18'45" W. 265.00 feet; thence S.00°00'00" W. 85.00 feet; thence N.67°55'44" W. 311.30 feet; thence N. 03°21'33" E. 250.00 feet; thence N.63°11'24" E. 716.07 feet to the westerly right-of-way of said county road; thence along said westerly right-of-way S. 00°54'50" W. 70.00 feet to the point of beginning and containing 3.76 acres more or less. Also the following described easement is granted over and across said tract: a 30.00 foot easement lying Northwesterly and parallel to the following described line: beginning at the Southeasterly corner of the above described tract; thence N.00°00'00" W. 85.00 feet; thence N.14°18'45" W. 265.00 feet; thence N. 39°09'54" E. 74.96 feet; thence N.48°51'05" E. 333.72 feet to the westerly right- of-way of an existing county road. Tract C: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning at a point of the South line of said Lot 10 from which the Southeast corner of said Lot 10 bears N.89°47'32" E. 62.60 feet; and the South 14 corner of Section 13, Township 7 South, Range 88 West •..)f the Sixth Principal Meridian, a brass cap in place bears S. 00°27'54" E. 1324.03 feet from said Southeast corner of Lot 10; thence along the South line of said Lot 10, S. 89°47.'32" W. 346.59 feet, thence N.00°00'00" W. 567.27 feet; thence N.14°18'45" E. 265.00 feet; thence N. 39°09'54" E. 74,96 feet; thence N.48°51'05" E. 333.72 feet to the westerly right-of-way of an existing county road; thence along said westerly right-of-way 5.00°54'50" W. 1100.65 feet to the point of beginning and containing 7.47 acres more of less, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Stat- utes 1973, as amended, for the reason that the impact created does not warrant further subdivision review. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable prob- ability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be per- mitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended: NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 16 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of con- veyance when recorded shall be filed with this Resolution. BOARD OF COUNTY COMISSIONERS GARFIELD UNTYY, COLORADO BY: 1i e. Chairitn �- ---7. • ATTEST: Deputy Clerk' of the/ Board of County Commissioners Garfield County, Colorado Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye Commissioners STATE OF COLORADO County of Garfield 1, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and Mate aforesaid du lier.ly .-re;o:.ag Oder is trs'y copied from the Ree -i. of the Roceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Rodney Kiser - High Country Engineering From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Crystal Springs arms Subdivision Exemption Plat Date: 08-01-16 Rodney, Upon review of the Crystal Springs Farms Subdivision Exemption Plat, I have comments or corrections to be made prior to approval for survey content and form as follows: 1. While the boundary corners are indicated with symbols, there are no descriptions as to what was found or set. Please describe all monuments. 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 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom Glenn Hartmann From: Wyatt Keesbery Sent: Thursday, August 18, 2016 8:54 AM To: Glenn Hartmann Subject: RE: Smilack Subdivision Exemption Amended Plat Referral Everything looks OK to me Wyatt From: Glenn Hartmann Sent: Thursday, August 18, 2016 8:37 AM To: Wyatt Keesbery Subject: FW: Smilack Subdivision Exemption Amended Plat Referral Hi Wyatt: This is the file that you noted initially didn't have the application posted. It was posted up the next day. Just following up to see if you had any comments. It is a lot line adjustment plat. The lots originally were approved in 1981. All three lots will have frontage on County Road 103. I am working on the Director's Decision today if you have any input. Thanks again for your assistance with the review. Glenn Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 ghartmann@garfield-county.com From: Glenn Hartmann Sent: Thursday, July 28, 2016 8:47 AM To: Wyatt Keesbery <wkeesbery@Barfield-county.com> Subject: RE: Smilack Subdivision Exemption Amended Plat Referral Hi Wyatt: Sorry about that. I will double check that the application has been posted up. Thanks in advance for your review. Glenn Hartmann Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 ghartmann@Barfield-county.com From: Wyatt Keesbery Sent: Thursday, July 28, 2016 6:49 AM To: Glenn Hartmann <ghartmann@Barfield-county.com> Subject: RE: Smilack Subdivision Exemption Amended Plat Referral All that was on this was the receipt ? Wyatt 1