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Home My WebLink About2.0 DD Staff Report 11.22.2019Director's Decision Keithley Subdivision Exemption — Parcels B, C, and D Amended Final Plat (File FEXA-09-19-8750) November 22, 2019 Exhibit # 1 Exhibit Description Public Hearing Notice Information Form 2 Receipts from Mailing Notice Garfield County Land Use and Development Code of 2013, as Amended 5 6 Garfield County Comprehensive Plan Application Staff Report 7 Referral Comment — Garfield County Surveyor Referral Comment — Garfield County Road & Bridge b.0 EXHIBIT i Garfield County PUNIC HEARING NOTICE INFORMATION naive thKY the aaw0p.410 bases bekvw beied ,..nn L{4e nOt+ce Shat Mai corrdueted Iw par eKilelde hrer..t In e4d1 In. 04ase nein on 1M blrA h"e eget sa the lest re•ents A Spry aceuk.ately read the described scion ® Mr appkseltes required wins en/mailed nada to arrant Orly owlet, ad ani rd outoors AdO 1 { CS arlad notice teal on ;'�'-f °�l of 1.'t Tv►3C� 2D1,e jet Ke °pita or record with. a ZOO fool red.us of the s.U;ect parcel were dM1,'gd at tr.awn+nthe Dia andReco•de's olhee et haat 1%caielkfee deft oei0etc ►e^4n, notice Aa aired of ralna+d interest .n ere sabred aroaertr edge eent.fed u0e4. 1 retards.., Ow Oak and fletwdar or xssesea•, or Srrotm+o1he. meant (4111 sl�kaaL' «_I -.:.I s'}... , . � ..... . • lease mach proof of wooed, moo n recent 1egNaud ntrrad rated, 0 Mr lpprcatio.rrequired Published notice. _ ev0lte teas 0.0nhed an the der of _ _ . 21)_. • Pwau own wool or el the adie town Teieven , 0 Mf apys.t■1 ion roomed Patens of Notlte, Notice uric potted en the die 01 ,7 o . _ hiomK. teat panted se that at least one fon Iacrd ordt aldist artt rood act of We pnerrltr thee, be the puede, 1 sootily that 1111 above Illfortoo 101111 tales Old eaWa1oda nametom--,�. r_• li+ki_1�a►e1,1 ref _ s.... -- Da" . ►c /swfl) .0 .0 EXHIBIT 2 P) k IN• -4e._:e CY- 'Se .-- S Postal Seryice CERTIFIED MAIL- RECEIPT pompon Moir 0.41, 11,0 •••••• -- •"2 • - 1 4 COW.. ••••111 ., ri4.•••=1 ...•••••••, er-arr 4..... 1..1 .......V....... 4.1.... 1 (.7...• Ow... 410:-.....,—.. 1 r • SUr%5 A 114...1r.i.p..4F6.7-. - ,.,,. re,.... .,t I4 , • 4- 4- -- .44I , .. ,,,O, 1. • ., 1 /lo Ix,: 41'4 4, 1, Ji f Y P.r. 's-1 - 4 ‘ f ' IOI.A. (!4& 23 1'4' -,414•19 ----1,, •Y7, ,c...i.t,if:1-1-' Poc-t. Sem CERTIFIED MAIL' RECEIPT 1.10. A 41 •••• rgrrr , I ,,,,•••=•••• 1, 1..44 , ••••••-• • • - C= LI' Li lit. 6: • WIN TI\111 _ • r • 411304 2-2 • U S. Postal Sow/ice CERTIFIED MAILRECEIPT tr .13 p n a 60 „4,, ta.SS ;!•• 471 LA. Lr . 13.50 IJE 7 reAt 12)/20"2,11 Ci: L I :y .:,_ S_ fr►U:. i 001111 5. Ofia 0000 0h,.0 6100 % plug On00 0%tC 4101 I' w y V) - 1} a 4. S 4. 41L liasf • LOiO uQIV 0000 ONTO I'M le_ I '+ .17 i2 1.11 11 11 5455 Cfia 0000 0,110 LIOG Lrk.4i C.4.,. JD a DIST 0014 000D D•TD Wit II ii i. ,CST 0i60 DODO OfTD ITU !s. • jL P eri D��p 0000 0� w 6SOL File No. FEXA-09-19-8750 Director's Decision — November 22, 2019 PW PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Final Plat John and Desiree Attebury Parcels B, C, and D — Keithley Subdivision Exemption 878 County Road 227, Silt, 81652 23.863 Acres Rural I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting approval of an Amended Final Plat application for three lots in the Keithley Subdivision Exemption. The proposed amendment would shift the lot lines owned by the applicant to allow for flatter areas on each parcel and to maintain agricultural irrigation on the property. Parcel D is currently developed with an existing residence (built in 1899), a non -habitable trailer, and various agricultural structures. The remaining parcels are in agricultural production. An existing irrigation easement exists on the parcel. The submitted plat includes the addition of an access easement through Parcel D to Parcels C and B. Currently there is no legal access to Parcels C and B. 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 have been received. Referral Comments received are attached as Exhibits and summarized below: Garfield County Surveyor (Exhibit 7): Comments indicated that the parcel names under the Property Descriptions do not match the platted parcel names and that a reference to the Resolution No. 80-23 should be included in the pre -amble of the descriptions. Garfield County Road & Bridge (Exhibit 8): No issues were identified with the proposed access easement. Agencies that did not respond to referral request: Town of Silt, Silt Water Conservancy District, Holy Cross Energy, Xcel Energy. 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; The proposed Amended Final Plat will not result in a major relocation of a road or add new roads. It will provide an access easement to Parcels B and C, which currently have no access. This access easement will function as a driveway. 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. The application indicated that the Silt Water Conservancy District had an interest in an irrigation ditch on the property. The application was referred to the District and no comments were received. 5. The newly proposed access easement crosses the irrigation easement that the applicant has indicated is in place for the benefit of the property owner to the south. The irrigation ditch is piped and not on the surface. Pursuant to the Section 7-201 (E)(6) of the Land Use and Development Code, a plat note has been included that requires the applicant to provide authorization from the ditch owner prior to construction within the access easement. 6. The application indicated that a trailer exists on the property. The applicant indicated that it is not habitable and will be removed from the property shortly. No issues were identified from a Land Use and Development Code perspective. 7. As the parcels exist, there is no legal access to Parcels C and B. The applicant 2 has proposed an access easement to both of those Tots. The application was reviewed by the Garfield County Road and Bridge Department and no issues were identified. 8. The application is compliant with Comprehensive Plan recommendations regarding parcel size. 9. The parcels are zoned Rural, which permits a minimum lot size of two acres. The application is compliant with this Land Use Code provision. V. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Amended Final Plat Application for Parcels B, C, and D of the Keithley 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. That the application, with the adoption of conditions, is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, 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 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 Plat shall be updated to be consistent with the County Surveyor's recommendations. b. Mineral owners of record and associated addresses shall be included on the plat. c. Plat Note 3 shall be updated to indicate that the purpose of the plat is to Amend the lot lines. 3 d. The title of the plat shall be updated to indicate that the Plat is an "Amended Plat" e. The existing lot line note shall state, "Lot line amended with this plat". f. A plat note shall be included that states, "Prior to development of the driveway within the access easement and prior to the issuance of the associated building permit, the property owner shall provide documentation that authorizes the development of the driveway within the ditch easement." 3. Once reviewed and 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 c. Associated documentation needed for easements identified on the Plat. 4 Amended Final Plat 11 i tl 1I d1I11111i111;1 141j1,11;1i! 111 1 1 Ii�?�Isi 11i11.1�"!!i 'I I E1 E' 1111111!,'11/4111! 11�I i5f�f 1.4111/iii!I;I ! I '� 1 41I1j 1; 111111 11.11111: 11 iii j I 1 1.'1111 I"`1111111 11 1'1 ei I111,6 1l�li,l11111 11 ;�i Reii 11 • ° 1!P I _gi ! 1 yvrr rwr. Ig Int 't if s1 II I 10 55 i 361 e3! 11; !'I I e F1i i��1 13;111 Ii'!°� 1: E 1 i I' �I1 111! ! 3I!l�Iglt` !6 ,5 i a i !hi Ig! 11°i 5 ! giIa`5 111 1 as 1111 11;1! d1' i�1111 e,la 911° 0 193 L!! is I'P8 1 1;159] 1i I4J1 e °1ic11,1 1111 i'II itIC lj1$1 1 tei JP 113 ;Ii; i 11011 1 I11 !Ie.!! Ilri if 5 a EXHIBIT Garfield County To: Scott Blackard - Sexton Survey Company From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Keithley Subdivision Exemption Plat Date: 11/07/2019 SURVEYOR SCOTT AIBNER, P.L.S Scott, Upon review of the Keithley Subdivision Exemption Plat, I have comments or corrections to be made prior to approval for survey content and form. 1. The parcel names under Property Descriptions do not match the platted parcel names. 2. A reference to the Resolution No. 80-23 should be included in the pre -amble of the descriptions. Once These and all final comments from the Community Development Department have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development Department 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 • e-mail:saibner@garfield-countycom Patrick Waller From: Wyatt Keesbery Sent: Thursday, November 21, 2019 10:19 AM To: Patrick Waller Subject: Re: Garfield County Referral Request - File No. FEXA-09-19-8750 - Parcels B, C, and D of the Keithley Subdivision Exemption EXHIBIT b D Patrick First of all Congrats. Second, I have no issues with this one. It looks to be the only reasonable spot for a access to the back property. Wyatt From: Patrick Waller <pwaller@garfield-county.com> Sent: Thursday, November 21, 2019 9:56 AM To: Wyatt Keesbery <wkeesbery@garfield-county.com> Subject: FW: Garfield County Referral Request - File No. FEXA-09-19-8750 - Parcels B, C, and D of the Keithley Subdivision Exemption Hi Wyatt, In reviewing this application I just realized I didn't forward it over to you all. I wanted to check-in on your all's take on the access easement to the County Road. Currently, there is no access to the parcels to the east. If they put the access easement in as proposed it would have two accesses onto County Road 227. Let me know what you think or if you want to chat about it further. Thanks, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-countv.com http://www.garfield-county.comicommunity-development/ From: Patrick Waller Sent: Monday, October 21, 2019 10:37 AM To: Kelly Cave <kcave@garfield-county.com>; Scott Aibner <saibner@garfield-county.com>; saibner@comcast.net; swcd@rof.net; rwinder@holycross.com; samantha.l.wakefield@xcelenergy.com; jaluise@townofsilt.org Subject: Garfield County Referral Request - File No. FEXA-09-19-8750 - Parcels B, C, and D of the Keithley Subdivision Exemption Good Morning, z