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)
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9
10
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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
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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
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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)
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■ 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,--/<-
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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