HomeMy WebLinkAbout2.00 Staff Report Director's Determination 03.24.2023i
PROJECT INFORMATION AND STAFF COMMENTS
Type of Review
File Number
Administrative Review
FEXA-01-23-8938
Owners James Caldwell, Rene Tornare, Hunter Creek Group Inc
Representative Neil Goluba
Surveyor Roodney P. Kiser, True North Colorado
Legal Description Lots A & B Carlson Subdivision Exemption
Practical description 16478 and 16476 Highway 82 Carbondale, Co 81623
Lot sizes 2.655 Acres, 2.658 Acres, 4.804 Acres
Zoning Rural
Comprehensive Plan Residential Low and Residential Medium
Staff Planner Philip Berry
Exhibit # Exhibit Description
1 Garfield County Land Use and Development Code, as Amended
2 Garfield County Comprehensive Plan 2030
3 Application
4 Staff Report
5 Referral Comments – County Assessor’s Office, Casey Lawrence
6 Referral Comments – County Consulting Engineer, Chris Hale
7 Referral Comments – County Surveyor, Scott Aibner
8
9
10
11
12
13
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File No. FEXA 01-23-8938 Director’s Determination
Staff Planner - Philip Berry
24 March 2023
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Exhibit 4
AMENDED FINAL PLAT OF CARLSON SUBDIVISION EXEMPTION LOTS
A AND B
I. DESCRIPTION OF THE SITE The application involves two lots and one unplatted parcel approximately 4.4 miles east of Carbondale and approximately 0.25 north of Hwy 82. The Carlson Subdivision Exemption was created by Resolution 81-124, which created 3 Lots each approximately 2 acres. The unplatted lot is approximately 5.037 acres in size. Each property has a single family home and various accessory and/or agricultural buildings and structures. The properties are accessed by a private easement from Hwy 82 that is shared by additional properties not in this application. Steep slopes climb on the northern edge of the lots.
Figure 1Vicinity Map from Application, Location shown in Red
II. DESCRIPTION OF PROPOSAL The proposed updated plat is shown on the following pages. It would take property from the unplatted parcel and add it to both Lots A and B. Currently, the unplatted parcel juts north west along the access easement/roadway. That area would be divided and add to the Lots A & B as seen on the proposed plat and enlarged image shown in Figure 2.
File No. FEXA 01-23-8938 Director’s Determination
Staff Planner - Philip Berry
24 March 2023
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Exhibit 4
File No. FEXA 01-23-8938 Director’s Determination
Staff Planner - Philip Berry
24 March 2023
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Exhibit 4
File No. FEXA 01-23-8938 Director’s Determination
Staff Planner - Philip Berry
24 March 2023
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Exhibit 4
The plate represents that 0.120 Acres will be moved to Parcel B and 0.120 to Parcel A. The resulting realignment is represented to maintain all existing easements and allow continued water and physical access. There are several easements that may need to be added to the final plat prior to execution . A water easement is included in the BLA map at reception number 760754 and discussed in the well sharing agreement at reception number 521506.
III. COMPREHENSIVE PLAN The application will not impact the properties compliance with the comprehensive plan.
IV. AUTHORITY - APPLICABLE REGULATIONS This Amended Final Plat Application is being processed in accordance with Section 5-305
Amended Final Plat and Section 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.
5-305 Amended Final Plat Review Review Criteria An application for an Amended Final Plat shall meet the following criteria:
• Does not increase the number of lots; and
• Does not result in a major relocation of a road or add any new roads; or
• Will correct technical errors such as surveying or drafting errors.
V. REFERRAL AND PUBLIC COMMENTS Full comments are included as Exhibits.
Referral comments
Garfield County Assessor’s Office, Casey Lawrence – No concerns regarding the draft plat.
Garfield County Consulting Engineer, Chris Hale – Recommended that the applicant verify that all existing utilities in the parcels will be transferred and the verify that the access easement is intended to remain in place.
Garfield County Surveyor, Scott Aibner – Had no concerns regarding the draft plat.
Figure 2 Enlargement from Proposed Plat
File No. FEXA 01-23-8938 Director’s Determination
Staff Planner - Philip Berry
24 March 2023
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Exhibit 4
Public comments No public comments have been received as of 3/23/2023.
VI. STAFF ANALYSIS AND CRITERIA
Code Analysis
1) Section 4-103 Administrative Review - The applicant meets the notice requirements for an Administrative Review.
2) Section 5-305 Amended Final Plat Review - The application does not create new
lots or impact the road alignment. There are no known survey errors to be
corrected by the Amended Final Plat.
3) Section 4-203. K Improvement Agreement – Not Applicable
Section 5-402.F Final Plat – The final plat has been reviewed to see if it fulfills the requirements of the code, preserves existing easements, and will accurate represent the modifications to the properties. The BLA at Reception 760754 shows several additional, recorded easements not included on the final plat .These easements include, but are not limited to, those at reception #s 325595, 708118, 270281, 252622, and 533988. Before executing the final plat, all easements impacting the properties should be included.
Article 7 Standards
1) Section 7-101 Zone District Use Regulations – The application will not impact
compliance with zone regulations.
2) Section 7-102 Compliance with Comprehensive Plan and IGA’s – The application
complies with both.
3) Section 7-103 Compatibility – The property line adjustments are compatible with
surrounding properties.
4) Section 7-104 Source of Water – See Below
5) Section 7 -105 Adequate Central Water Distribution and Wastewater systems – No
impact as long as all utilities are contained within recorded easements.
6) Section 7-106 Public Utilities – See above.
7) Section 7-107 Access and Roadways – Accessed from private road off of Hwy 82, the
adjustments do not alter access.
8) Section 7-108 Land Subject to Natural Hazards – No change
9) Section 7-109 Fire Protection – No change
10) Section 7-201 Agricultural Lands –
a. Section 7-201.E Ditches – Will be maintained by existing rules and plat notes.
11) Section 7-202 Wildlife Habitat Areas – No further impact
12) Section 7-203 Protection of Wetlands and Waterbodies – NA
13) Section 7-204 Drainage and Erosion – NA
14) Section 7-205 Environmental Quality – NA
15) Section 7-206 – Wildfire Hazards – NA
16) Section 7-207 Natural and Geologic Hazards – NA
File No. FEXA 01-23-8938 Director’s Determination
Staff Planner - Philip Berry
24 March 2023
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Exhibit 4
17) Section 7-208 Reclamation – NA
18) Section 7-301 Compatible Design – NA
19) Section 7-302 Off Street Parking – NA
20) Section 7-303 Landscape Plan – NA
21) Section 7-304 Lighting – NA
22) Section 7-305 Snow Storage – NA
23) Section 7-306 Trails and Walkways – NA
24) Division 7 Subdivision Standards and Design Specifications – No further
impact.
VII. RECOMMENDED FINDINGS AND CONDITIONS
Suggested Findings 1. The application fulfilled the notice requirements for an Amended Final Plat 2. The application complies with the items of Section 5-305 Amended Final Plat. 3. The application complies with Article 7 - Standards.
Suggested Conditions of Approval 1. That all representations contained in the Application submittals shall be conditions of approval, unless specifically amended or modified by the conditions contained herein. 2. Final edits to the Final Plat, including plat notes and title, shall be completed and then submitted to the County (including County Attorney, Surveyor, and Assessor offices) to be reviewed and accepted prior to execution and recording. Updated final plat shall be provided digitally for review prior to a mylar being prepared. 3. All existing and any necessary new easements shall be included on the final plat for review prior to execution.
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Exhibit 5
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Exhibit 6
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Exhibit 7