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Home My WebLink About3.0 DD Staff Report 10.09.2015Simmons Exemption Amended Final Plat - Exhibits Administrative Review (File FPAA-08-15-8380) Applicant is Patty and Terrel Tankersley October 9, 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 24, 2015) 8 Referral Comments from the Garfield County Road and Bridge Department (dated September 23, 2015) 9 Email and Construction Plans from Eric Brynildson (dated September 29, 2015) 10 11 12 13 14 15 16 17 18 19 20 21 File No. FPAA-08-15-8380 Director's Determination DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING RECOMMENDATION Amended Final Plat Patty and Terrel Tankersley Jeff Neslon Peak Surveying, Inc. Section: 24 Township: 5 Range: 90 A TR. IN THE SW4 OF SEC. 24 CONT. 12.572 AC. ALSO, A TR CONT 3.431 AC AS DESC IN 1111/553. AKA PARCEL 1 SIMMONS SUB - DIV EXEMPTION. Said property is located at 2068 137 COUNTY RD, GLENWOOD SPRINGS (Parcel Numbers: 212324300158), approximately 9 miles west of the City of Glenwood Springs, Colorado. The existing lot size is approximately 16.003 acres. The proposed new parcel size is 15.96 acres. Rural Approval with Conditions I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amended Plat to adjust the lot lines of Parcel 1 of the Simmons Exemption. The Parcel is located within the Rural Zone District. There is currently a single family dwelling on Parcel. The property is owned by Patty and Terrel Tankersley. The amendment would alter the property line between Parcel 1 and County Road 137, resulting in a decrease in the size of the Parcel 1 from 16.003 acres to 15.96 acres. The purpose of the amendment is to accommodate improvements to County Road 137. 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. 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. 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: 1. Does not increase the number of lots; and - The proposed Amended Plat will not increase the number of lots. 2. 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. 3. 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 September 14, 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 Applicant's representations and evidence regarding public notice and it appears the requirements have been adequately satisfied. 6. While the proposed amended final plat is to accommodate improvements to County Road 137, this application will not cause the relocation of any roadways. 7. Referral comments were received from Mike Prehm of Garfield County Road and Bridge concerning the preservation of a fresh water draw point with the West Divide Water Conservancy which should be preserved (Exhibit 8). 90% construction plans were received from Eric Brynildson of Colorado River Engineering which demonstrate an intension to preserve the fresh water draw point (Exhibit 9). This information is in addition to that provided within the application. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Simmons Exemption 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. 2 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. Section 4-203(B)(a) requires a "letter signed by the owner consenting to the submission of the application". Such a letter was not found within the application. Please submit a letter signed by the property owner providing authorization for submission of the application. This letter shall give authority to the Garfield County Engineering Department to act on their behalf. 3. The application form is not signed. Please submit an application form that is signed either by the property owner or the authorized representative as outlined in number 2, above. 4. 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 #5). All standard plat certificates and signature blocks shall be included on the final plat. The following amendments shall be made to the Plat: a. A Lienholder Certificate in a form as prescribed by the County shall replace the mortgage certificate on the Plat; b. The Plat shall be black and white only. No color shall be used on the plat; c. A Plat Note shall be added in the Notes section "Identified Area C cannot be sold separate from Parcel 1 of the Simmons Exemption"; d. The County Commissioners Certificate shall be corrected to match the form prescribed by the County; e. The Certificate and Dedication and Ownership shall be corrected to match the form prescribed by the County. 5. 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. 3 Vicinity Map 4 Amendment Detail OKANELA BARN, LLC RECEPTION NO. 635058 ROBERT A. & HLLLERY S. ODDO 2425 COUNTY ROAD NO. 137 1 GLENWOOD SPRINGS, CO 81601 1 RECEPTION NO. 591128 DETAIL GRAPHIC SCALE I "=100' lar ��- GENE & CYNTHIA TREXLER �i 2121 COUNTY ROAD #137 GI.ENWOOD SPRINGS, CO 81601 RECEPTION NO. 629909 P.O.B. AREA C AREA 0.021 AC.t RETAINED BY TANKERSL CAN NOT BE SOLD SEPA FROM TANKERSLEY PA O.B. AREA B CENTER QUARTER CORNER SECTION 24 - BLM ALUM. CAP BEARS 565'59'49-E 491.20' AREA B 0.107 AGa TERRELL 0. & PATRICIA S. TANKERSLEY 2068 COUNTY ROAD NO, 137 GLENWOOD SPRINGS, CO 81601 RECEPTION NO, 632731 P.O.B. AREA A -AREA A 0-151 AC.1 GENE & CYNTHIA TREXLER 2121 COUNTY ROAD 4137 GLENWOOD SPRINGS, CO 81601 RECEPTION NO. 629909 ROBIN A. 11 & CYNTHIA J. RIOHTMIRE 1944 COUNTY ROAD NO. 137 GLENWOOD SPRINGS, CO 81601 RECEPTION NO, 698931 PEAK Surveying, Inc. GARFIELD COf J ND' ENGINEERING GARFIELD MEN YR, CEX O&4 W RIGHT-OF-WAY EXHIBIT D COUNTY ROAD NO. 137 SEC 24. TSS, R90W 5 015 5 Amended Plat tt e 6 EXHIBIT 1 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. i/ Mailed notice was completed on the !'� day of Seek 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 or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. n 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: +-1 t: Signature: �1 Date: f 1 h; I.CIS o ru r- -a r- rR D D Ln m r --I D N U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . . . For delivery mformation visit our website at www.usps.comL, SCO 8 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $6.74 Robin & CynthailikiWire 1944 County Road 137 Glenwood Springs, CO 81601 Sent To Street, Apt. Na.; or PO Box No. City, State, 21P+4 PS Form 3800. A 0.00 0543 10 Postmark Here U.S. Postal Servicer. CERTIFIED MAIL— RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corm 0 F itytiotes4444$40 mil 0 Ei $3.45 $2.80 $0.00 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & F--- $6.74 Steve & MaubtimiMffio 1867 County Road 137 Glenwood Springs, CO 81601 0543 10 Postmark Here Sent To Street, Apt_ No.; or PO Box No. City, State, Z1P+4 FS Fo 3EWO 3500 0001 4076 r -i E3 N 111 r - N Cr 7011 3500 0001 U.S. Postal Service,. CERTIFIED MAIL, (Domestic Mail Only; No lnsu For delivery information visit our EXHIBIT Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ent To Street, Apt. No.; or PO Box No. p City, State, 27P $2.80 $0.00 $0.00 0543 10 Postmark Here 0911't12015 D'iCLoULIAD C R_ ?t - s3 PS Form 3800. Au • ust 2006 See R verse for instructions U.S. Postal Servicem CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.tisps.cOmo 71 i 7 ijpS.,0 81 Postage Certified Fee Rotum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & r."^ i0ard Bruce & DROgqlson 1548 County Road 137 Glenwood Springs, CO 81601-9767 $3.45 $2.80 1 0.00 1 $0.00 0543 10 Postmark Here Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+, PS Form 3800 J U.S. Postal Service,. CERTIFIED MAILTM RECEIPT ,(Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comr. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+ • sari() 0543 1.0 Postmark Her $646reau of Land AGlialiicilfrent c/o Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 CERTIFIED MAIL. REC „ ,(Domestic broil Only; Pilo Insurance Coverage Provided) Ls; ir r - a] r- DDa trim rR D r-1 11.1 D P- -n D D r -q D D rn rR I=1 r YALr C1,1 ;:$107 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No. or PO Box No. City, State, ZIP PS Form 2800 $ $3.45 0.00 0543 10 Postmark Here $6.74 Okanela BarriPat2015 141 E. Meadow Drive, Suite 211 Vail, CO 81657 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domesilc Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.cont- E5.7. 6111410647 Postage Certified Fee $3.45 $2.60 pco 81i t'ZI 0543 10 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $6ands West Vent06114111.5 1877 County Road 137 Glenwood Springs, CO 81601 $0.00 $0.00 $0.00 $0.00 Postmark Here Sent To Street, Apt, N or PO Box Alt City, State, Zi 3500 0001 4076 r -R r -q D co =.• D r - 3500 0001 4076 For delivery ("demotion visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ Total Postage & r Sent To Street, Apt. No., or PO Box No. City. State, ZIP+4 04 0543 10 Postmark Here Gene & CynVArtidpr 20814 9th AvenueAk Cudjoe Key, FL 33042 PS Form 3800 Au U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT Domesti Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sant Tc. Street, or PO 1 Cay, Si PS Fo $ $Robert & Hillery Odati.4/2015 2425 County Road 137 Glenwood Springs, CO 81601 0543 10 Postmark Here EXHIBIT Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Jason Neil - Peak Surveying, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review - Amended Final Plat Simmons Subdivision Exemption, Parcel 1 Date: 09/24/2015 Jason, Upon review of the Amended Final Plat Simmons Subdivision Exemption, Parcel 1 plat, I have no comments or corrections to be made prior to approval for survey content and form. Once 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 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 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom David Pesnichak From: Michael Prehm Sent: Wednesday, September 23, 2015 3:24 PM To: David Pesnichak Subject: Simmons Exemption, Parcel 1 -Amended Final Plat David, EXHIBIT Thank you for the opportunity to review this proposal. Road & Bridge has no concerns with this Amended Final Plat. We do have a draw point for fresh water at the existing bridge with the West Divide Water Conservancy District that we would like to preserve. This would require access to the creek, either side of the (old) existing bridge once it is removed. Any questions please contact me. Sincerely Mike Prehm Garfield County Road & Bridge Foreman / Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 David Pesnichak From: Eric Brynildson <ericb@coloradorivereng.com> Sent: Tuesday, September 29, 2015 2:47 PM To: David Pesnichak Cc: Jeff Nelson Subject: RE: Simmons Exemption, Parcel 1 -Amended Final Plat Attachments: Project Overview.pdf David, EXHIBIT 1 See the attached Project Overview. The water pull location is on the west side of Canyon Creek where the existing bridge is currently located. The County is keeping the property on the west side of the creek. A proposed access road and truck turnaround area with a gate off of CR -137 to access the water pull location are all a part of the construction drawings. Eric Erynildson, P.E. Colorado River Engineering, Inc. 136 E 3rd St Rifle, CO 81650 970-625-4933 ext 114 From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Thursday, September 24, 2015 9:54 AM To: Eric Brynildson <ericb@coloradorivereng.com> Subject: RE: Simmons Exemption, Parcel 1 -Amended Final Plat Thanks Eric. No problem. The plan sheet would be good for me to include with the staff report to demonstrate that Mike's comments have been addressed. Please send that over when you get a chance. Best, Dave David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 dpesnichak@garfield-county.com http://www.garfield-county.com/community-development[ 1