HomeMy WebLinkAbout2.0 DD Staff Report 12.19.2018Day Subdivision Exemption Parcels 2 & 3
Amended Final Plat - Exhibits
Administrative Review (File FEXA-09-18-8685)
Applicants are Alain Laval and C & C Revocable Trust
December 19, 2018
Exhibit Letter
(Numerical)
Exhibit Description
1
Public Hearing Notice Information
Receipts from Mailing Notice
2
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 County Surveyor (dated 12/17/2018)
8
Email from Sarah Linsley (dated 12/13/2018)
9
10
11
12
13
14
15
16
17
18
19
20
21
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Exhibit 1
Garfield County
PUBLIC HEARING NOTICE INFORMATION
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.
O My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the f' day of �� ,20 t.�
p i�
/c/.' 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.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
■ Please attach proof of certified, return receipt requested mailed notice.
0 My application required Published notice.
Notice was published on the day of . 20_.
▪ Please attach proof of publication in [ ]
O My application required Posting of Notice.
Notice was posted on the day of , 20_.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
1 testify tha
Name: L�
Signature:
Date:
e above Information Is true and accurate.
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Exhibit 6
File No. FEXA-09-18-8685
Director's Determination
CD
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
SURVEYOR
LEGAL DESCRIPTION
PRACTICAL DESCRIPTION
LOT SIZE
ZONING
Amended Final Plat
Alain Laval and C & C Revocable Trust
Sopris Engineering
Lots 6, 7, 8 and 18, Section 35, Township 7
South, Range 88 West of the 6th P.M., County
of Garfield, State of Colorado; Also known as
Parcels 2 and 3 of the Day Subdivision
Exemption Plat, Reception No. 495060
Said properties are located east of the Town
of Carbondale at 875 Rose Lane and 345
Ponderosa Pine Way and are known by
Parcel Nos. 2393-351-00-058 and 2393-351-
00-059.
New lot sizes of 6.036 (Parcel 2) and 7.267
(Parcel 3)
Rural (R)
RECOMMENDATION Approval with Conditions
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting an Amended Plat to modify lots lines between Parcels 2 and 3 of the
Day Subdivision Exemption Plat. Parcel 2 is 5.83 acres and will increase to 6.036 acres; Parcel 3 is
7.47 acres and will decrease to 7.267 acres. An access easement for Parcel 3 on Parcel 2 will also
be modified to reflect the current driveway location at the southern end of the parcel. Access to
Parcel 2 is by way of this driveway accessing off Rose Lane which access off County Road 100.
Access to Parcel 3 is by way of a private driveway accessing off Ponderosa Pine Way with access
off County Road 100. Parcel 1 is improved with a single-family house and accessory structures
and Parcel 3 with a single-family house. Both lots are located within the Rural zone district. No
other changes are being proposed and no other adjustments to the affected property lines are
being requested. In addition, no noncomforming conditions have been noted which would result
from the lot line adjustment.
The Applicant is requesting a waiver from the submittal requirements for an Improvements
Agreement. This request is deemed appropriate for the Application as no new improvements are
proposed or required as a result of the Amended Plat.
U. DESCRIPTION OF THE SITE
Figure 1: Vicinity Map
Figure 2: Aerial View of Subject Property
The parcesl are located approximately 1.2 miles east of the Town of Carbondale just south of the
Roaring Fork River and north of County Road 100. Access is via Rose Lane for Parcel 2 and
2
Ponderosa Pine Way for Parcel 3. The Roaring Fork River runs through the northern portions of
both parcels. The topography is generally flat.
III. AUTHORITY - APPLICABLE REGULATIONS
The Amended Final Plat Application is 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.
Public notice was required for the Director's Decision in accordance with Sections 4-103 and 4-
101.
IV. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC. Referral Comments received on the Application are
attached as Exhibits and summarized below:
1. Garfield County Surveyor: Include the purpose of the plat in the heading or the notes.
One public comment was received from an adjacent property owner in relation to specific
measurements of the new survey. The questions brought up by this property owner were
answered by Staff (Exhibit ?).
V. STAFF ANALYSIS AND CRITERIA
1. The Applicant's proposal was reviewed against the Amended Final Plat Criteria contained
in Section 5-305 (C), as follows:
a. Does not increase the number of lots
- The proposed Amended Plat will not increase the number of lots.
b. 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.
c. 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 lot 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 identified one minor plat
correction.
3
5. The property is located in the Residential Low (10+ acres per dwelling unit) designation
on the Future land Use Map in the Garfield County Comprehensive Plan 2030. As the
parcels exist currently, they do not meet the Comprehensive Plan's recommended density
of 10 or more acres per dwelling unit. However, when looking at the housing density of
the surrounding area as a whole, the recommended residential density of 10 acres or
more per dwelling unit is more or less met. In addition, no new development is proposed
which would affect the existing density as a result of the modification to the lot lines and
easement.
VI. SUGGESTED 'Ff JDINGS AND RECOMMEND;i' TI Q
Staff supports a finding that Parcels 2 and 3 of the Day Subdivision Exemption 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:
Suggested Findings
1. That proper public notice was provided as required for the Director's Decision.
2. Consideration of the Application was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were given an
opportunity to provide input prior to the Director's decision.
3. That for the above stated and other reasons, the proposed amended 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 general conformance with the 2030 Comprehensive Plan, as
amended.
5. That with the adoption of conditions and for the above stated and other reasons the
application has adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
Recommended Conditions of Approval
1. 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 proposed plat shall be updated and edited as follows prior to submittal for final
review by the County:
a. The plat shall include a statement about the purpose of the amendment.
4
b. All improvements shall be removed from the plat.
c. Amend the title heading to include all government Tots (Lots 6, 8, 18 and 35).
d. Mineral owners shall be included on the plat.
e. Amend Surveyor's Certificate to match the standard plat certificate wording as
shown in 3-02-D of the Garfield County Resource Guide.
f. The County Commissioner Certificate shall be edited to read "...hereby approves
this Amended Plat" instead of "Subdivision Plat" and shall be repositioned so
that it does not overlap with the notice in the lower left corner of the plat.
3. The Plat shall be subject to final review and approval by County Staff, including Garfield
County Attorney's Office and Garfield County Surveyor, prior to submittal of the Mylar
plat for final execution, BOCC signature and recording.
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, Ownership, Title,
Taxes, Applicant's Surveyor, Lienholders and any mortgagees.
b. Recording fees.
5
To: Mark Beckler: Sopris Engineering — LLC
From: Scott Aibner — Garfield County Surveyor
Subject: Plat Review: Day Subdivision Exemption
Date: 12/17/2018
Mark,
Exhibit 7
Garfield County
SURVEYOR
SCOTT AIBNER, P.L.S
Upon review of the Mountain Shadow Subdivision, I have comments or corrections to be made prior to
approval for survey content and form as follows:
Please include the purpose of this plat in the heading or the notes. This will help in getting to the core
of this amendment.
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 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 Claire Dalby — Community Development Department
109 8th Street, Suite201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner a(garfield-countycom
From: Claire Dalbv
To: "Linsley. Sarah M."
Ca Casey Lawrence
Subject: RE: Day Exemption plat mat - Comments [QBLLP-ACTIVE.FID34260919]
Date: Friday, December 14, 2018 11:38:47 AM
Exhibit 8
Hi Sarah,
I just had a good discussion with Casey Lawrence, our GIS technician at the Assessor's office. He did
a thorough review of your old scans compared to Sopris Engineering's new survey and has expressed
his confidence that the differences are rather minor and are likely a product of advances in surveying
technology. We actually see this quite often when new plats are compared to old ones in that the
older ones can be slightly less accurate than newer ones. I have copied him on this email if you
would like to ask him any additional questions. And as I mentioned, I will do a complete review of
the plat for any edits that need to occur prior to the filing of the Mylar. Thanks and I hope you have a
lovely weekend.
Best -
Claire
From: Linsley, Sarah M. <Sarah.Linsley@quarles.com>
Sent: Thursday, December 13, 2018 12:47 PM
To: Claire Dalby <cdalby@garfield-county.com>
Subject: Day Exemption plat mat - Comments [QBLLP-ACTIVE.FID34260919]
Dear Claire,
Thanks for the conversation. I am the manager of 100 Road Cattle Company whose property adjoins
the property in the proposed plat. Per your request, you will find attached scans of excerpts from
our plats which were prepared by Scarrow and Walker in 1998 and 1999. As I noted in our calls, the
placement of the lines on the proposed plat do not match the lines on our plats. I also noted that
the title on the proposed plat does not reference all of the lots that are being adjusted.
Please let me know if you need any additional information from me.
Thanks again,
Sarah
1254'S EE?RUI
Quar/esjfirndyLI./'
Sarah Linsley / Partner
5arah.Linsley@quarles.coiu / Linkedlu B1O vCard
Quarles & Brady LLP
300 N. LaSalle Street, Suite 4000 / Chicago, IL 60654-3406
Office 312-715-5075 / quarles.com
Assistant Laura Lognion 312-715-5171
CONFIDENTIALITY NOTICE: This electronic mail transmission and any attachments are confidential and may be