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HomeMy WebLinkAbout3.0 Staff Report 09.16.2015Sierra Pinyon Lots 8 and 9 Amended Final Plat - Exhibits Administrative Review (File FPAA-8370) Applicant is Tony Lee Harrah / Deborah J. Failing September 16, 2015 Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information 2 Receipts from Mailing Notice 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 the County Surveyor (dated September 9, 2015) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 File No. FPAA-8370 Director's Determination DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Final Plat Tony Lee Harrah / Deborah J. Failing Tony Lee Harrah Eclipse Surveying, Inc. Section: 22 Township: 6 Range: 92 Subdivision: SIERRA PINYON SUB -DIV Lot: 9; Section: 22 Township: 6 Range: 92 Subdivision: SIERRA PINYON SUB - DIV Lot: 8 Said property is located at 743 Rio Seco Road (Lot 8), Silt and an adjacent unaddressed parcel (Lot 9) (Parcel Numbers: 2179-222-07-008 and 2179- 222-07-009; Lot 8 and Lot 9 of the Sierra Pinyon Subdivision), approximately 2.5 miles south of the Town of Silt, Colorado. The existing lots sizes are approximately 12.582 acres (Lot 8) and 6.89 acres (Lot 9). The proposed new parcel sizes would remain the same as the existing lot sizes. Rural RECOMMENDATION Approval with Conditions I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amended Plat to adjust the lot lines between existing Lot 8 and Lot 9 of the Sierra Pinyon Subdivision. Both lots are located within the Rural Zone District. There is currently a single family dwelling on both Lot 8 and Lot 9. Lot 8 is owned by Deborah J. Failing. Lot 9 is owned by Tony Lee Harrah. The amendment would alter the property line between the two parcels but would result is no net change in the size of either of the parcels. No changes to the existing access or utilities are proposed as a result of the amended plat. In addition, no nonconforming conditions have been noted which would result from the lot line modification. The Applicant requested a waiver from the submittal requirements for an Improvements Agreement and Codes, Covenants and Restrictions. These requests is deemed appropriate for the Application as no new improvements are proposed or required as a result of the Amended Plat. In addition, no change to the Codes, Covenants and Restrictions are proposed. II. AUTHORITY — APPLICABLE REGULATIONS The Amended Final Plat Application is being 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 and no change to the Codes, Covenants and Restrictions are proposed. Public notice was required for the Director's Decision in accordance with Sections 4-103 and 4-101. The Applicant has provided evidence of completion of the required notice for the Directors Decision. III. 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 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 lots 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 no issues with the proposed plat survey. 5. The Applicant completed the County Public Notice Information form indicating that public notice was sent on August 18, 2015. Certified mail receipts were also provided. No public comments from adjacent property owners were received by the Community Development Department in response to the public notice. Staff has reviewed the 2 Applicant's representations and evidence regarding public notice and it appears the requirements have been adequately satisfied. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Sierra Pinyon Lots 8 and 9 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. 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 subject to final review and approval by County Staff prior to submittal of the Mylar plat for final execution, BOCC signature and recording (See Condition #3). All standard plat certificates and signature blocks shall be included on the final plat. The following amendments shall be made to the Plat: a. The Lienholder Certificate shall be corrected to be in a form prescribed by the County; b. The Surveyor's Certificate shall be corrected to be in a form prescribed by the County; c. The Plat shall be black and white only. No color shall be used on the plat; d. The Name and Address of the property owners and any identified mineral owners for each of the parcels shall be identified on the plat; e. The Book and Page of the recorded Codes, Covenants and Restrictions shall be noted on the plat; f. The area of each parcel before and after the amendment shall be identified on the plat; g. The plat note that states "There are no public right-of-ways being dedicated with this plat" shall be removed; h. The date of the survey shall be identified in plat note #1; i. The plat shall be updated to reflect the title commitments for Lots 8 and 9 issued August 13, 2015 and conducted by the Title Company of the Rockies. The amendments to the plat shall include any new, altered or 3 removed encumbrances to the properties as well as the addition of a plat note indicating that the encumbrances represented on the plat are as identified in the aforementioned title commitments in addition to the original plat and previous amended plats. 3. 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 and Ownership, Title, Taxes, Applicant's Surveyor, Lienholders and any mortgagees; b. Recording Fees. 4 Vicinity Map • SIERRA PINYON SUBDIVISION AMENDMENT OF LOT 8 AND LOT 9 COVER SHEET & VICINITY MAP r--,4 oi •1.• ....,....,..... r,4-,.., *7-1411.1. :-'75i;:•:°:f.:....T.s.: : ' d ., -, -• : ::. : . t'•-,..," --:, lir.V.*•*:•%1 • kt... .,. . 4....r., . - i „ . - . ' ''.• —: _ J. -; : r ,-:-..-• *-7•• • --4I ttrtz --ell. 1-""r•, ' . .• . . • • ••• '4.4 ' f i i.. :eteA• ,. •,‘ , - . .•• L sc 17"- • • - ri7r,ion 4 \-17)' (1-'• Ni.51 \'1! i 111140. . • ' „„--, RYHOLLOWFV - trz,e0„,. • z.• • CO. RD. 311 `<:.,"••••• • -zit 1 f - E: ; 1."i4efle Piak •+ • RIO SACO RD. TABLE OF CONTENTS: 1 - COVER SHEET & VICINITY MAP 2- INTRODUCTION 3- PRE-APPLICATON CONFERENCE SUMMARY 4- APPLICATION FORMS 5 - PAYMENT AGREEMENT FORM 6- OWNERSHIP DOCUMENTS 7- ADJACENTPROPERTY OWNERS & MINERAL OWNERS 8- REQUEST FOR WAIVERS 9- PRELIMINARY LOTS 8 & 9 AMENDED PLAT 10 - SUPPORTING Dori 'AIENTS 4 --SUBJECT PROPERTY • • • • VICINITY AIAP SCALE: 1” = 2000' ECLIPSE Surveying, Inc. 1874 Six Lazy K Rd., New Castle. CO 81647 (9701 876-5939 REV. DATE: SCALE: DATE: SHEET PROJECT: DFD 08/ 17/ 15 1" • 2000' 07/ 10/ 15 1 OF 19 HARRAH JAK TONY HARRAH 743 RIO SECO ROAD SILT, CO 81652 LOTS 8 & 9 SEIRRA PINYON SUB COVER SHEET & VICINITY MAP 5 Amended Plat re444.4.4130 'Buy(mins 3Sd1103 - a suoi E irl M CEPNSISAN i- Existing , - Property Line „.* ' -......., Lot 9 I / / i•jr , T: / , I II: / / • 3 • g Amended Property Line Lot 8 010 .4! Idi iiq 40 :...,41 r 0111 doe. r Ott: r illii i 41!: 11:9 , 1 411 isc; 1 ilrli ft! 1 il;;1 ! iii,i1 i Ilih i eirii i 441 . 11,1r i ;IF est el0 !tip r IV 1 1,14 1 1 ;41 4419 4, , ii;i1: 1 PIO 4 I! A 1 11 0444 ” '1 q A tier / /1 P;11 itillq J 6 EXHIBIT 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. Mailed notice was completed on the day of A ei , 2015. 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 orr Assessor, or through other means [list] -M RD ("nit r Pt'tL)FL) rU C 'A LSC._ ■ Please attach proof of certified, return receipt requested mailed notice. ri My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the day of , 2015. 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 information is true and accurate. Name: Signature: Date: 9-A5,--/<- 1919 1553 ru D D D D m N rR ra D N U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. Certified Mail Fee $3.45 Extra Services & Fees (check box, add fee ate) ❑Return Receipt (hardcopy) $ ❑ Retum Receipt (electronic) $ $00-10 ❑ Cer ifird Mail Restricted Delivery $ $0.00 ❑ Adult Signature Required $ $0.0 ❑ Adult Signature Restricted Delivery $ Y V Postage $0.49 Ir m L ti For delivery information, visit our website at www.usps.com?. SILT, CO 81652 Ir Total Postage and Fees $ $6.74 Sent To SP' 00�N601 i 1•, Postmark,l) Here G Street and Apt. No., or Pe) Box No. City, State, ZIP+4c PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instr _ v CERTIFIED MAIL° R Domestic Mail Only ra Certified Mail Fez $3.45 a $ Extra Services & Fees (check box, add lee ❑ Return Receipt (hardcopy) $ 0 ❑ Return Receipt (electronic) $ $0.00 11.1 in ❑ Certified Mall Restricted Delivery $ $00.00 $0.00 te) 0 Adult Signature Required $ 0 Adult Signature Restricted Deltery $ w -J 0 D Postage m $ rrl • Total Postage and Fees $ $3.94 $0.49 111 Sent To Ira SPRIN Nei0l UPostniarlt Here D Street and Apt. No., or PO Box No. N City, State, ZIP+4 tructions U.S. Postal ServiCeTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www usps.core. SILT, CO 81652 Certified Mail Fee $3.415 $e Extra services & FeeS (check box, add fee tr P te)— _ ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ $ ❑ Adult Signature Required ❑Adult Signature Restricted Delivery $ rU 0 0 0 m N ri 141 ra 0 N gent To --- ..... ------------------------ --- StreetandApt. No., or Pb Boir ------------------------------ City, State, ZIP+45 See Reverse for Instructions PS Form 3800, April 2015 PSN 7530-02-000-9047 0 Lit ra U.S. Postal Service' CERTIFIED MAIL® R Domestic Mail Only For delivery information, visit our website at wwyr.usps.cyr„r rr EXHIBIT rU 0 0 0 0 m N 141 r -R D N Ln r1 o- ✓ a rq ru 0 0 0 0 m r- 1-4 ra Ln rR 0 N 0002 1919 1522 Certified Mail Fee $3.4, Extra Services & Fees (check box, add fee - 'ate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery $ —11.0,00- 0 11.0, 0-- ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ 0538 $0.49 Sent To Street and Apt. No., or PO Box No. City, State, ZIP+4" PS Form 3800, April 205 PSN 7530-02-000-9047 See Reverse for Instructions 0 m N rR L n ri D N For delivery information, visit our website at'www usps.com SILT r CO81652 Certified Mail Fee $ Extra Services & Fees (check box, add fee Aper. 0 Return Receipt (hardcopy) $ $0-00 x�rJy (yr 0 ❑ Retum Receipt (electronic) $ $ 0 - 0 ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ $3.4` $0.00 Postage $0.49 $ Total Postage and Fees $ Sent To 098 SPRIN X601 S G Postmark Here 0 18/201fr" og Street and Apt. No., or PO Box No. City, State, ZIP+4® PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED' MAIL° RECEIPT Domestic Mail Only For detlivery Information, visit our website at www.usps.coma. SILT CO 81 52 Certified Mail Fee $3.45 Extra Services & Fees (check box add fee - 'ate) ❑ Retum Receipt (hardcopy) $ A-. Aft ❑ Return Receipt (electronic) $ $0 -00 ❑ Certified Mail Restricted Delivery $ $0.00 ❑Adult Signature Required $ x0.00 ❑Adult Signature Restricted Delivery $ 011th LS,rJ 7FiINGs /0��6p1 O 0 Postmark Here Postage $ $0.49 Total Postage and Fees $ $3.94 Sent To 08/18/205 Street and Apt. No., or PO Box No. City, State, ZIP+40 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com. ertified Mail Fee $ $3.45 Extra Services & Fees (check box, add fee ❑ Retum Receipt (hardcopy) $ ❑ Retum Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑Adult Signature Required S ❑ Adult Signature Restricted Delivery $ Postage $0.49 Total Postage and Fees $ $3.94 Sent To Street and Apt. No., or PO box No. 0538 rap RING 9r�60le rostmark 0 Here 08/18/2011 V City, State, ZIP+4® PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only 0002 1919 1492 m N ra u, rR D N r-9 Q, rg ru D D D D m t- r� Lwri D For delivery information, visit our website at www.usps.com0. SILT 82 Certified Mail Fee $.45 Extra Services & Fees (check box add fee 1,,yr9'p{tt0 tlate) El Return Receipt (hardcopy) $fit. Lrt ❑ Return Receipt (electronic) $ 10800 ❑ Certified Mail Restricted Delivery $ $0.00 ❑ Adult Signature Required $ V $0.00 t i , .00 ['Adult Signature Restricted Delivery $ P V V Postage $0.49 Total Postage and Fees $3.94 Sent To Street and Apt. No., or Pb Box No. City, State, ZIP+4" PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for I structions 0002 1919 1508 m N r1 m r-: N 117 r- 1 ra rR ru D D D m N ri u . ri O N ..D ri r1 ru D D 1= m N ri 117 t -i N U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee $3.45 $ Extra Services & Fees (check box, add fee ❑ Retum Receipt (hardcopy) $ ❑ Retum Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ L: Adult Signature Restricted Delivery $ Postage $ $0.49 Total Postage and Fees $ $3.94 Sent To Street and Apt. No., or Po Box No. City, State, ZIP+4'e PS Form 3800, April 201$ PSN 7530-02-000-9047 See Reverse forinstructions U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delluery,information, visit,our SILT, CO 81652 website at www.usps.com7-. Certified Mail Fee $3.45 Extra Services & Fees (check box, add fee$,siooP e) ElReturn Receipt (hardcopy) $ RPM ❑ Return Receipt (electronic) $ t U . nfl ❑ Certified Mail Restricted Delivery $ $U .00 ❑ Adult Signature Required $ $0•0 ❑ Adult Signature Restricted Delivery $ Postage $ $0.49 Total Postage and Fees $3.94 $ Sent To 0538 SPRING`S 16 ,601 C.O Postmark Here 08/18/20 us Street and Apt. No., or Pb Box No. City, State, Z1P+4'e PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com-. Certified Mail Fee $ $3.45 Extra Services & Fees (check box, add fee ❑ Retum Receipt (hardcopy) $ ❑ Retum Receipt (electronic) $ ❑Certified Mail Restricted Delivery $ ❑Adult Signature Required $ ['Adult Signature Restricted Delivery $ if te) $0.000 $0.00 $0. vt Postage $ $0.49 Total Postage and Fees $ $3.94 SPR 0� 601 00 8 Sent To Street and Apt. No., or Pb Box No. City, State, ZIP+4. PS Form 3800, April 2015 PSN 7530-02-000.9047 See Reverse for Instructions EXHIBIT i A Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Jim Kalmon— Eclipse Surveying, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Amended Final Plat of Lots 8 and 9, Sierra Pinyon Subdivision Date: 09/09/15 Jim, Upon review of the Amended Final Plat of Lots 8 and 9, Sierra Pinyon 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 Garfield County Surveyor cc David Pesnichak Community Development Department 109 8 th Street ,Suite 1008 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom