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Home My WebLink About3.0 DD Staff Report 04.11.2019Director's Decision Antlers Orchard Subdivision — Tract 10 Amended Plat Amended Final Plat (File FPAA-02-19-8709) April 11, 2019 Exhibit Number Exhibit Description 1 Public Hearing Notice Information 2 Receipts from Mailing Notice 3 Garfield County Land Use and Development Code of 2013, as Amended 4 Garfield County Comprehensive Plan 5 Application 6 Public Comment — Peggy Swank 7 Referral Comments Scott Aibner, County Surveyor 8 Staff Report b t EXHIBIT File No. FPAA-02-19-8709 Director's Decision April 11, 2019 PW PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Final Plat Tract 10 — Antlers Orchard Subdivision Marvin and Shawna Powell Tract 10 of the Antlers Orchard Subdivision 96 Lone Pinon Lane, Silt, CO 81652 3.077 Acres Rural I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amendment to Lot 10 of the Antlers Orchard Subdivision. As currently approved, the plat includes a restrictive Building Envelope located around the house. The applicant has indicated that they would like to remove the Building Envelope in order to construct an Accessory Structure on the property. The current configuration of the Lot was approved in 2004. Staff research of the proposal at that time was completed and no reason was discovered for the Building Envelopes on the parcels. If the Building Envelope is removed, any future development on the site that requires a building permit will need to meet applicable dimensional and Land Use and Development Code requirements. Subsequently, from the 2004 approval, an Amended Final Plat was submitted and approved by the BOCC for this parcel. However, no evidence was found that the Plat was recorded. As such the request from this applicant is being considered the Second Amended Plat of Tract 10. 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 One supportive public comment was received as a result of public notice (Exhibit 6). Referral Comments received on the Application are attached as Exhibits and summarized below: 1. Garfield County Surveyor (Exhibit 7): Indicated that he had no comments on the application. 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 the 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. 2. No conflicts with the existing underlying zoning have been noted including lot size and setbacks. 3. 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. 4. Any future construction that requires a building permit will be required to meet Land Use and Development Code requirements in place at that time, including but not limited dimensional setback requirements in the Rural Zone District. The removal of the Building Envelope on the property does not guarantee the applicant the ability to construct a structure in any location on the parcel. 5. Staff research did not find a reason for the inclusion of a Building Envelope on the property. No excessive natural hazard, slopes, or view restrictions were noted as part of Staff review. As part of the Staff Report for the original 2004 application, Staff at that time noted that Building Envelopes were proposed and that it was not required by Community Development Staff. A note was also included that any requested change to a Building Envelope would be required to go through additional review and would need to be approved by the Board of County Commissioners (BOCC). This Amended Final Plat application is subject to a Gall- up with the BOCC and will ultimately need to be approved on their consent agenda. 2 6. The applicant supplied a demonstration that public notice requirements were met and one public comment was received in support of the application. This comment also indicated that the proposal would not impact the letter writers view and that in her opinion the best way to accomplish this was via the elimination of the Building Envelope. 7. Staff did note that the original plat maintained the rights of way and easements as private, while the proposed plat dedicates them to the public. The applicant should indicate whether or not they want to dedicate the roads to the public and update the plat accordingly. V. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Amended Final Plat Application for Tract 10 of the Antlers Orchard Subdivision 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. 3 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 applicant shall fix the typo in the Surveyor's Certificate for the word "Compete". b. A plat note shall be included indicating that all easements from the previous Amended Final Plat and the Title Commitment are shown on the plat. c. The plat shall be updated to reference the covenants associated with the property. d. The plat shall be updated to show the Building Envelope that is being removed. e. The mineral owners shall be included on the plat. 3. The Applicant should indicate whether or not it was their intention to dedicate the easements and rights of way shown on the plat to the public. If it was not, the Certificate of Dedication and Ownership should be updated to the satisfaction of the County Attorney's Office to reflect the original Amended Final Plat approval. 4. 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 in black and white 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 4 Proposed Amended Final Plat Vicinity Map Scale: 1"- 1000' Second Amended Plat of Tract 10 Amended plat of 7Yact 7, Tract 8, Tract 9 and Tract 10, Antlers Orchard Development Company's Plat No. 1 Situate in Section 4, Township 6 South, Range 92 West of the Sixth P.M., County of Garfield, State of Colorado 1.4e AVAVAAN us'vrn.. +Rc-�w.x rm.e - rRArw C':?1-c' 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. My application required written/mailed notice to adjacent property owners and mineral owners. VMailed notice was completed on the — day of ir kr r 20/9 VAll 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. O My application required Published notice. Notice was published on the day of , 20_. Please attach proof of publication in the Rifle Citizen Telegram. 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. I testify that the above inform on is true and accurate. Name: Signature: Date: .0114Etaiitc? kitTAMPL trikel4Akc SIL • U Certified Mail Fee , • , x- il Eno Services & Fees (chock box, add faailaT4d..ale) larReturn Receipt (hl ardcopy) $ . II Ilil 0 Return Receipt (electronic) 8 30 00 El Codified Mall Restricted Delivery $ lii 0 . 00 • EJ Adult Signature Required $ D Adult Signature Restricted Delivery S Postage $0.55 Total Postage and Foos $6.85 Sent To Street and '1_01 ic 33 0591 01 Postmark Hero 03/13/2019 er1Z4860'%1411,401.50,7 7 '4 u1 N N m 17" D D C:1 DCI CI r -R P-- Sent To 616 D • • Street rflaA No,pr r- /0 MT n iiifriiisrk JO' 70:17 4 l(fiielOST`WaW, NEwYokg, It4 a009 Certified Mall Fee $$ 3.50 Ex f a Services & Fees (check box, add fee ilkipp.4511/3/0 Return Receipt (hardcopy) $ 4"0.0g -- O Return Receipt (electronic) $ El Certified Mall RosInotesi Delivery $ = '. : - • • ST I fin 0 Adult Signature Required $ - ° • • 0 Adult Signature Restricted Delivery $ Postage $O.V5 Total Postage and Foos $6.85 0591 Postmark Hero 03/13/2019 JL ............. c>22 jbo/ :e" -F r3890Rill .."(Vair VW* ir'17 0190 OOOU rN- ,g0-0614iirttdr itilOksitt. 1001414400mAYelbohl Certified Mail Fee $3.50 $ Ixta Services & Fees (chock box, add fee Vti—aprkifi, fats) ,Et Rotum Receipt (hardcoPY) S.- Return Receipt (electronic) $ $ 0 Certified Mall Rectricted Delivery $ 0 Adult Signature Required $ I ' " VI.1.1.11.1 CJAdult Signature Restricted Delivery $ Postage Total Postage and Fees , S5 - / Street andpt, No Max NO. Sent To City, State, ZI14-46 0591 01 Postmark Hare 03/13/2019 ';'851110 -615;irriPW'tS Rill. 0 0. 4:6;40RO ' 51 LCip P1 • Certified Mail Fee ..,.... Extra tervIces & Fees (chock box, add Aso rti,40,10tiare) 0 Return Receipt (hardcopy) $ SII.11)1 o Roturn Receipt (electronic) $ 1:t1:1 CartItiad Mall Restdcted Delivery $ 0 00 0 Adult Signature Required °Adult Signature Restricted Delivery $ LIU Postage $0.55 Total Postage and Fees $4.05 $ Sant To kid LI Street gtiErAipt. No:, 'f PO Eox dty, state, 21 +4'1 01 Postmark Here 03/13/2019 LLM Jie (ler Ex/ glks-c2 tart 1 da 115% ”Abillf-WASItt Iteit:MahVIC: SIL i cp- 465'4 Certified Mail Fee $3.50 Extra Services & Fees (check box, add f ao 14A j)Iato) o Return Receipt (hardcapy) El -- 0 Return Receipt (electronic)• ____________ 0 Certified Mall Restricted Delivery $ .. 'Ali 1111 0 Adult Signature Required 0 Adult Signature Restricted Delivery $ 1u 1-1 Postage $0.55 Total Postage and Fees $4.05 0 1 Postmark Here 03/13/2019 XKI1Nek I Sent Tro Street an Apt, Nopr Po i3ox City, &tate, ZiP+46- ° ee..ae r..irta. :11)7 • 4894 0482 n C:1 n N r -R D fs- 44w: web_ (14 04L I Certified Mail Fee 1 Extra Services & Fees (chock box, add faetappWitoto) ❑ Return Receipt (hardcopy) $ f l f ❑ Return Receipt (electronic) S #t i . f I0 ❑ Certified Mall Restricted Delivery $ Q Adult Signature Required $ Y nn Q Adult Signature Restricted Delivery $ Postage Sn.55 Total Postage and Fees Sent To J Street and•Apt. lyo., otifr City, State, Z!P++44 J(r _ 11591 111 Postmark Here 03/13 /2019 ss Y 'of -02 t QrfB t >;iv' 161 Patrick Waller From: Peggy Swank <pswank@sopris.net> Sent: Monday, March 18, 2019 2:21 PM To: Patrick Waller Cc: 'Shawna Powell' Subject: Tract 10 Antlers Orchard Subdivision Patrick, I am glad to see that the request for amended plat for 96 Lone Pinon Lane (Tract 10 Antlers Orchard) is finally being processed. I have talked to Shawna and Kent several times about the building envelope and the constraints that it put on them in trying to build their outbuilding in a location that impacts neither my view or theirs. I agree that the only way that it can be accomplished is to eliminate the building envelope that exists for Tract 10. Peggy Swank 20 Lone Pinon Lane Silt, Co 81652 Tract 9 1 EXHIBIT Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Michael Langhorne - Bookcliff Survey, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Second Amended Plat of Tract 10 AOD Development Co. Plat No. 1 Date: 04/05/2019 Michael, Upon review of the Second Amended Plat of Tract 10 Antlers Orchard Development Co. Plat No. 1, 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 Patrick Waller — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • email:saibner@garfield-county.com