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HomeMy WebLinkAbout2.0 Staff Report DD 07.31.18Director's Decision Gronau Subdivision Exemption - Lot2 Amended Plat Amended Final Plat (File FPAA-OS-18-8649) July 31 , 2018 Exhibit Number Exhibit Description 1 Public Hearinq Notice lnformation 2 Receipts from Mailinq Notice 3 Garfield County Land Use and Development Code of 2013, as Amended 4 Garfield Countv Comorehensive Plan 5 Aoplication 6 Referral Comments from Scott Aibner, Garfield County Surveyor, Dated July 26, 2018 7 Referral Comments from Chris Hale, Garfield County Referral Enoineer. Dated Julv 20. 2018 8 Staff ReportIAdditional Applicant Mineral Research b TYPE OF REVIEW APPLTCANT (OWNER) LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING File No. FPAA-0S-1 8-8649 Director's Decision July 31 ,2018 PW Amended Final Plat Lot 2 - Gronau Subdivision John & Louise Landry Lot 2 Gronau Subdivision Exemption Plat According to the Plat Thereof Recorded December 17, 1996 as Reception No. 502437. 288 Sun King Drive, Glenwood Springs, co 81601 20.671Acres Rural PROJECT INFORMATION AND STAFF COMMENTS I. DESCRIPTION OF PROPOSAL . REQUEST The Applicant is requesting an Amendment to Gronau Subdivision Exemption Lot 2. As currently approved, the plat shows a restrictive Building Envelope around the house on the lot, as well as an Accessory Dwelling Building Envelope. The applicant has indicated that they would like to increase the Building Envelope, while removing the Accessory Dwelling Building Envelope, to allow for an expansion of the deck attached to the Single- Family House, and also to build an Accessory Structure detached from the Main Residence. The Gronau Subdivision Exemption was approved in 1996. Staff Research of the proposal showed that at the time of Subdivision Exemption, there was some conversation of the location of Building Envelopes with regards to visual impact from the adjoining approximately 500-acre property to the east. The applicant provided documentation that notice was completed as required in the Land Use and Development Code, including to all property owners within 200'of the subject property. No public comments were received on this application. While steep slopes are mentioned in the original Staff Report, approving the exemption, the Building Envelope was not proposed to address those issues. Any future building on the site will be required to go through a Building Permit and will need to meet any code requirements in place at that time. No changes to the plat are proposed other than the adjustment of the Building Envelope. 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, as amended. Public notice is required in accordance with Sections 4-103 and 4-101 and the Applicant has provided documentation that all required public notice has been completed. III. PUBLIC AND REFERRAL COMMENTS No public comments were received as a result of public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: 1. Garfield Gounty Surveyor: lndicated that there were no comments 2. Garfield County Designated Engineer: Review only performed for the Amended Plat. The Applicant should address if there are any existing utilities or easements in the proposed building envelope. The applicant should provide a more itemized response to the impacts in the Land Use and Development Code. IV. STAFF ANALYSIS 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; and The proposed Amended Final Plat does not increase fhe number of lots. b. Does not result in the major relocation of a road or add any new roads; or The proposed Amended Final 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 Final Plat has not been proposed to correct technical errors. No conflicts with the existing underlying zoning have been noted including lot size and setbacks. The applicant has indicated that no changes or impacts are anticipated with regards to Article 7 Divisions 1-3 of the Land Use and Development Code. The Applicant provided topographic information as part of the updated Building Envelope proposal. Any future construction will be required to meet Land Use and Development Code requirements in place at that time. ldentifying an area inside a Building Envelope does not guarantee the ability to construct a structure anywhere inside the envelope. 5. The referral engineer's comments requested an itemized response to Land Use 2 2. 3. 4. and Development Code requirements (LUDC). An Amended Final Plat is only required to meet criteria 5-305 (c) of the LUDC as well as address any issues presented by the proposalwith regards to prior approvals, Any future development on the property will be reviewed at Building Permit with regards to applicable LUDC requirements. 6. The applicant's proposal to amend the Building Envelope is relatively minor as the property is over 20 acres. The adjoining property owner, in the same Subdivision Exemption, has a Building Envelope that is substantially larger than the envelope on Lot 2. Additionally, another structure was always contemplated on Lot 2 as demonstrated by the Accessory Dwelling Building Envelope. The applicant supplied a demonstration that public notice requirements were met and no public comments were received on the application. This supports the applicant's proposal to adjust the envelope. 7. The applicant's current proposal is to move the building envelope farther away from the adjacent property, but closer to the main residence on the site. Additionally, the applicant indicated that where the Accessory Dwelling Unit envelope is located is steeper than the proposed new Envelope area. V. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Amended Final Plat Application for Lot 2 of the Gronau Subdivision Exemption meets the requirements and standards of the Garfield County Land Use and Development Code as amended including the Review Criteria contained in Section 5-305 (C) and is recommended for Administrative Approval by the Director of the Community Development Department subject to the following conditions of approval and findings. 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. 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 proposed plat shall be updated and edited prior to submittal for final review by the Community Development Department and the County Attorney's Office as follows (additional updates or changes may be required pending the final review): a. The County Commissioners' Certificate shall be updated to match the approved language in the County Resource Guide. b. The Certificate of Ownership shall be updated to read, "a Subdivision Exemption in the County of Garfield." c. The Certificate of Ownership Title shall be updated to read, "Certificate of Dedication and Ownership." d. The Surveyor's Certificate shall remove duplicative use of "Amendment to". e. The applicant shall include a lienholder certificate that matches the certificate in the County Resource Guide.f. All improvement location information shall be removed. g. Remove topographic lines from the plat. h. The applicant shall include a plat note that states: "This Amended Plat is subject to all plat notes as stated on the Gronau Subdivision Exemption Plat - Reception No. 502437".i. The applicant shall include a plat note that states, "Any development within the Building Envelope shall be subject to applicable requirements of the Land Use and Development Code at the time of construction."j. The location, width, purpose, and owners of all easements shall be included on the plat. k. The plat shall be updated to reference any covenants associated with the property. 3. The Applicant shall submit an updated electronic copy to the County for Final Review once the updates have been completed. Additional updates or changes to the plat may be required as part of this additional review. Once approved for Mylar the applicant shall supply: a. A plat Mylar with signed Certificates that include Dedication and Ownership, County Surveyor's, Clerk and Recorder's, Taxes Paid, County Commissioners', Surveyor, Title, and Lienholders b. Recording Fees Proposed Amended Final Plat EXHIBIT $Aol3I PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adiacent propefi owners and mineral ownens. I Maited noticewascompleted onthe / /r4 auv ot &4-20/0 All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorde/s office at lead 15 calendar days prior to sending notice, All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] -- : Please attach proof of certified, return receipt requested mailed notice. tr My application required Published notice. Notice was published on the daY of r Please attach proof of publication in the Rifle Citizen Telegram. tr My appticatlon required Posting of Notlce. Notice was posted on the - day of ,2O-- Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 20 Gurfield Coun$ ! testify that the above information is true and accurate. ru Eotn co EIct Jr trlrftrl E.!m trt !orlEr! u]Fl4 EO E! EI Jr rlE trt trt E .-om EI corlEt! ITrrtn(l cttrlf TT trttrt trt trl-!m trt EO r-lEt\ ro ..o 1rl Eo trr EI Jr r{Et trtEt EtJImE EOrl rf,F EXHIBIT tn9.40,ols\o To: From: Subject: Date: Rodney Kiser - True North Colorado Scott Aibner - Garfield County Surveyor Plat Review - Amendment to Lot 2 Gronau 0712512018 GarJield Coun$ SURVEYOR SCOTT AIBNER, P.L.S Subdivision Plat Rodney, Upon review of the Amendment to Lot 2 Gronau Subdivision 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 Garfi eld County Surveyor cc Patrick Waller - Community Development Department 109 8 th Street ,Suite 1008. Glenwood Springs, C081601 , (970)945-1377 . Fax: (970)384-3460, e-mail:saibner@garfield-countycom MOUNTAIN EROSS ENGINEERING. INE. Civil and Environmontal Consulting and Design EXHIBIT b-r8+3r RE:Review of thc Amcnrled Final Plat Gronau Exemption Lot2: FPAA-05-18-8649 Dear Patrick: This office has performed a review of the documents provided for the Gronau Exernption Lot 2 Amended Final Plat Application. The submittal was lound to be thorough and well organized. The review generated the following comments: 1. The Applicant provides no information or plans for an ADU or deck. Any future building will need pennits and applicable approvals. This review was perfotmed for only the amended plat and does not address any tuture construction. 2. The Applicant should address il'there al'e any existing utilities or easements in the proposed building envelope. 3. The application materials are limited on providing inlbrmation on the impacts that the expanded building envelope may have to tlre adjacent lands, flora, and fauna. The Applicant should provide a more itemized response to the impacts in Divisions 1, 2, and 3 of Section 7 of the LUDC. InTpacts fi'om natural hazards, wildfire, and drainage could be possible. Also impacts to wildlife might be a concem. Feel free to call if you have any questions or comments. Sincerely, July 20,2018 Mr. Patrick Waller Carfi eld County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Iffi Engi Chris Hale, PE 826 % Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F : 97 0.945.5558 www.ntountaincross-eng.com of groperW and subsurfuce mineral rights sec 21, T 7s, R 89W Garfield County, Colorado United States of America General Land Office IOOYo surface and mineral rightsReception S 23645 Coal Entry 157 100% surface and mineral rightsReception S22187 and Reception *22149 November 1.5, 1901 Reception #24532 Hiotus ... No r"cords found af W.S. Smith as The Fotmers os orcntee fot indicoted time oeriod bs determined ot qorfield County Clerk and Recorder Office) July 11, 1919 Reception #67181 1007" surface and mineral rights March 30. 1937 100% surface and mineral rightsAugust 19, 1949 Reception #159535 Bk 244 Ps 357 Bk 290 Pg 220 Kirchen, Ruth K. and Betty K. Tessadri (sole heirs of deceased Peter Emery E. Arbaney and Beulah N- Arbaney 100% sudace and mineral rights Bk 321 Pe 334 Emery E, Arbaney and Beulah N. Arbaney Floyd E. Bachman and Helen A. Bachman 100% surface rights and 50% ol Ist severence/transfer of mineral rights: Arbaney retains 50oZ state document (Rec #264891, Bk 455 Pg 12, 75, 797 4\ dictates decree of heirship at y's death: Beulah (wife) 507o, Elmer {son) Z5%, Frank (son) 25%. All deceased with no pstate documents on record in Garfield Bk 335 Pg 282 Floyd E. Bachman and Helen A. Bachman Don Lawson Lynch and Christ!ne G. Lvnch 10076 surface rights and 50% of goth Bachmans are deceased. and no estate s are on record with Garfield Countv lanuary 13, 1956 8k 372 Pg 389 Don Lawson Lynch and Christine G, Lyrch 1ll0% surface rights and 50% of remaining {25%} mineral rights 3rd severance/transfer of mrneral ights: ynch retains 12.5% Lynch's Mineral Deed (Rec S784201, Aptil 2, 2010) conveys mineral rights to Lynch Joint Trust (Nov 20,2007). Address September 8, 1972 Reception S255185 Harold H. Quimby and 100% surface and 10o% of Remaining mineral rights (12.5%) September 29, 1972 Josef B. Hornik and 0O7. surface and 100% of Remaining mineral rights (12.5%) February 5, 1993 Reception f444028 and 8444190 Bk 854 Pg 454 and 100% surface and 1@% ol inl \12 5%l mineral rights mineral rights (12.5%) October 27, 2005 Reception f 77L077 Bk 1858 Pg 366 lohn J. Landry and Louise M. Landry 10O% surface and 100% oi remaining (12 5%) mineral rights obtains remaining (12.5%)Address of current owner, Landry nsacola Beach. FL 32551 tabblet mx -})-E { and prepoted by lohn t tondry lrom rto{uments reteorched ot 1O9 tth 5L Suite fr27o, Glenwooct springs, CO 81607 J- lL ?r?z'll bt-s '(J.dY'rre?10) =lTtlh\, # W F1'ry"q. . 'ffi"vT *^o4t& WIY?,* W@+n *1 (hr^-n'da) syl,a-in hf * $ -.f"r+", n*,1+y7 rv 7+{^cY, o )\*;V ""ilmTW fi=ww*&W#&, 'safa'fl f-< s-tay,arf V ?*-.V ) < spr?tlzeq (-:.2a 1?\,ft\{1. s'r,fool ^! 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