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Home My WebLink About3.0 DD Staff Report 01.18.2017File No. FPAA-09-16-8487 Director's Determination 1/18/17 GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Plat Block 2, Lots 1 & 2 Mountain Shadows Subdivision Nusret Jukic David Nicholson, Divide Creek Surveying Lots 1 and 2, Block 2, Mountain Shadows Subdivision as amended, according to the plat thereof recorded January 20, 1966, as Reception N. 233190. The property is located at #36 and #29, Plum Court, New Castle, CO., southwest of the Town of New Castle off of County Road 335. The site is located in Section 36, T5S, R91 W and is known by Assessor Parcel Numbers 2125-364-01- 002 and 2125-364-01-001. 0.49 acres (21,344 sq.ft.) Residential Mobile Home Park (RMHP) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an amended final plat to adjust the lot lines for the two Tots to conform with the existing locations for the two homes on the property. Both units were originally placed primarily on Lot 2 with one home partially on Lot 1. The adjustment will result in each lot having one unit and will create conforming setbacks for the two units subject to final plat edits and conditions of approval. The adjustment in the lot line will reduce the size of Lot 2 from approximately 11,000 sq.ft. to 5,571 sq.ft. and will result in only one unit being located on Lot 2. It will also increase the size of Lot 1 from approximately 10,450 to 15,783 sq.ft. and result in the second unit being entirely located on Lot 1. The configuration of the lots is complicated by the large area of Lot 1 located below the bank for the Colorado River and within the 100 year flood plain. The lot line adjustment will create a more balanced distribution of developable area between the two lots in addition to eliminating a number of non -conforming conditions. 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. 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. EXCERPT FROM LAND USE AND DEVEOPMENT CODE C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. Public notice for the Director's Decision is required in accordance with Sections 4-103, 4- 101 and Table 5-103. VICINITY MAP Applicant's Site NEW CASTLE New Castle VICINITY MAP 1"=2000' III. STAFF ANALYSIS GENERAL 1. The Application complies with the Review Criteria contained in Section 5-305 (C) noted as follows: • The Application will not result in an increase in the number of lots. • The Application will not result in the relocation of any major roads and does not add any new roads. • The proposed plat will correct technical issues associated with the plat and eliminate nonconforming conditions. 2 2. Both of the proposed Tots are currently served by central water and sanitation systems. All utilities are currently existing serving both homes. The Applicant is no longer proposing to remove and relocate a power line on Lot 1. Therefore, no changes to utility service will result from the plat amendment and existing utility easements (established by previous plat note will remain unchanged. 3. Based on the improvement location information provided by the Applicant's surveyor a minimal adjustment to one section of the common lot line may be required to ensure that the lots will maintain the minimum 10 ft. side yard setback. 4. The improvement location information on the plat needs to provide a definitive location for the existing fence. 5. The Applicant has represented that there will be no changes in access or drainage associated with the two lots. No changes are anticipated that would affect any of the Standards Contained in Section 7, of the Land Use and Development Code. 6. The Residential Mobile Home Park zone district has a minimum lot size for mobile home parks of 2 acres but no minimum lot size for individual Tots within a mobile home subdivision. The Mountain Shadows Subdivision which predates the County's zoning code was developed with lots ranging in size from approximately 7,700 sq.ft. to more than 10,000 sq.ft. 7. The existing modular home located on the northerly portion of the site (future Lot 1) reflects a pre-existing front (24.8 ft.) and rear (24.6 ft.) yard setbacks slightly below the required 25 ft. A variance shall be required or further information submitted that shows compliance with these setbacks. 3 REFERRAL COMMENTS 8. Mountain Cross Engineering, Chris Hale: Commented on the potential removal of the power pole and the need for proper documentation on the plat. The removal is no longer proposed at this time. 9. County Surveyor, Scott Aibner: A condition of approval shall require final review of the plat by the County Surveyor and completion of any edits prior to recording the plat. TECHNICAL 10. Final review of the plat by the County Attorney's office will be required including the title certificate and confirmation that a lienholders certificate is not required. 11. The plat includes notes that indicate the purpose of the amended plat and that all previous plat notes shall remain in effect. Final review of the notes by the Attorney's Office will be required. 12. Edits to the proposed plat shall be completed, reviewed and accepted by the County Attorney's Office, County Surveyor and Planning Staff including but not limited to: a. The Title shall be corrected to include Block 2. b. Plat note #2 shall be removed. c. Original lot line and the new lot line need to be clearly labelled. d. The lot line shall be adjusted to reflect a 10 ft. setback from the porch addition on the home located on Lot 2. e. Plat notes regarding the fence location are needed. f. A plat note and/or graphic depiction of an easement for the existing power line and pole shall be included on the plat. g. Other references to the 5' utility easements shall be removed and replaced by a plat note from the original plat identifying the utility easement. h. The location of the 100 year flood plain shall be shown on the plat. All easements on the property shall be shown on the plat. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that subject to compliance with conditions of approval the Amended Final Plat of Lots 1 & 2, Block 2 of the Mountain Shadows Subdivision meets the requirements and standards of the Garfield County Land Use and Development Code including the Amended Plat Review Criteria contained in Section 5-305. The Application 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. 4 2. Final review by the County Surveyor's Office shall be required and all edits and corrections based on his review completed prior to submittal of the plat for recording. 3. The Plat including signature blocks, plat notes, certificates, and easement language shall be subject to final review and approval by the County Attorney's Office prior to submittal of the plat for recording. 4. The following edits shall be made to the plat prior to recording and shall be subject to final review and acceptance by County Staff: a. The Title shall be corrected to include reference to Block 2. b. Plat note #2 shall be removed. c. The original lot line needs to be clearly labelled with the notation "to be vacated". The new lot line needs to be clearly labelled. d. The new lot line shall be adjusted to reflect a 10 ft. setback from the porch addition on the home located on Lot 2 or other documentation acceptable to the County provided to ensure that a 10 ft. side yard setback will exist. e. The plat shall document the location of the existing fence and plat notes added to read "Fence does not depict property boundary". f. Inclusion of a plat note and/or graphic depiction of an easement for the existing power poles and power line that runs along the north and east side of the property shall be included on the plat. g. Other references to the 5' utility easements shall be removed and replaced by a plat note from the original plat identifying the utility easement. h. The location of the 100 year flood plain shall be shown on the plat. Improvement location survey information not essential for platting shall be removed from the plat. j. Adjacent streets need to be labelled along with adjoining property owners per typical platting standards. k. The vicinity map shall identify the applicant's site. The plat shall be updated to utilize the plat certificates from the County's Resource Guide. 5. All easements on the property shall be shown on the plat. 6. The Applicant shall obtain a variance to allow the existing front yard setback and rear yard setback for the unit on Lot 1 or provide more detailed improvement location survey information confirming that the required setbacks are met. The amended plat which does not change the pre-existing setbacks can be filed prior to obtaining the variance. 7. Prior to recording the plat, submittal of title work acceptable to the County Attorney's Office shall be required including documentation that there are no lienholders and no lienholders certificate is required. 5 EXCERPT FROM AMENDED PLAT cvLO.RAx RIV R 6•30.,11f f 5.110 SQ. i r, 0.12 ACAE'S3 LC.OW T',JP Os. 1AW 10.12' 6T O• 9 LCT EAISi'AG tOUN'1 4E 4# \ fj?hl'AG y POAkN Dinfftm 4� PtaF / ow arr�pF,err u oe oe •48;37_(69 ENS itA0A, YANfdYf 110,114r - SHED 11.7& Sa F'. 55Q•.]B AMU y - FIF,RoN:' PONEN POLO F0,Y.V WAR AO PLAScr Fxcnh rrax% M 01M "11.W C1 M`�. ea AMMG pgRTi+r eQ A c5 0 CINCW r. x Nb� t �� . irk .OT 2 r" -'I !%ISPAX ASPNAii WA la _ 1 F 17.2' eastrw 1 !VS MG 1RAlkrt O^.29 PLUM C. an S7. ri a17 ACRE_s 171.1 SB9'S7'OO" marnr.t %OW) WAR AMC P.ASPC .'AP FOUND RCM ANO "LAS RC CAP 6 Views of the Site 8 iENGI- MOUNTAIN CROSS NEERING, INC. ,i Civil and Environmental Consulting and Design January 11, 2017 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Mountain Shadows Amended Plat: FPAA-09-16-8487 Dear Glenn: This office has performed a review of the documents provided for the proposed Mountain Shadows Amended Plat. The submittal was found to be thorough and well organized. The review generated the following comment: • The Applicant should remove and/or relocate the power pole and power lines. After this has been done, the Applicant should provide evidence that any easements necessary have been been provided or vacated prior to approval of the Amended Plat. Feel free to call if you have any questions or comments. Sincerely, Mount? n Cross Engines rin,5, Inc. II r � Thrix Hale, PE 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com