HomeMy WebLinkAbout16.0 DD Staff Report 06.01.2017Director's Decision Exhibits
Amended Final Plat Lot 1 Boruch Exemption
(File FEXA-03-17-8525)
June 1,2017
Applicant: Arlene Bush
Exhibit
Number
Exhibit Description
1
Public Notice Hearing Information Form & Attachments
2
Garfield County Land Use and Development Code, as amended
3
Garfield County Comprehensive Plan of 2030
4
Application
5
Staff Report
6
Referral Comments Garfield County Consulting Engineer
7
Referral Comments from the Town of Parachute
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
1
✓'� 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.
11;0 My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the
day of , 20:
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.
1� 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] 4i615.E
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• Please attach proof of certified, return receipt requested mad notice.
0 My application required Published notice.
Notice was published on the day of
• Please attach proof of publication in the Rifle Citizen Telegram.
0 My application required Posting of Notice.
Notice was posted on the day of
20 .
20_
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.
IV/ u e l tai,,porn_ Pj-.s
Name:
Signature:
Date:
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Glenn Hartmann
From: Tracey Langhorne <tracey@bookcliffsurvey.com>
Sent:. Thursday, June 01, 2017 12:33 PM
To: Glenn Hartmann
Cc: Michael Langhorne
Subject: RE: Boruch Amended Plat
Attachments: Arlene Bush and Robert & Arlene Boruch Returned.pdf; Pamela Boruch.pdf; Town of
Parachute.pdf
Glenn,
Attached are the return receipts, please note that the notices sent to Arlene Bush (8608 Hwy 6&24 Parachute) and to
Robert and
Arlene Boruch (PO Box 6043 Parachute) were both returned undeliverable, therefore the return receipt shows my
signature.
Tracey Langhorne
Bookcliff Survey Services, Inc.
136 E 3rd Street Rifle, CO 81650
970-625-1330
From: Michael Langhorne
Sent: Thursday, June 01, 2017 11:26 AM
To: Tracey Langhorne <tracey@bookcliffsurvey.com>
Subject: FW: Boruch Amended Plat
From: Glenn Hartmann [mailto:ghartmann(garfield-caunty.com]
Sent: Wednesday, May 31, 2017 11:48 AM
To: Michael Langhorne <MLpbookcliffsurvev.com>
Subject: RE: Boruch Amended Plat
Hi Michael: Thanks very much. Of course after receiving your email I found the previous email from Tracey. Thanks for
the extra effort/follow-up.
I'm guessing you also have some return receipts (green cards) from the mineral owners mailings. Please send us copies
of what you've received and I'll add them to our files.
The draft staff report is under review with no significant issues noted. One quick question, it appears that the existing
home on the property is served by city water and based on past plat notes an on-site waste water treatment
system. Please confirm that is the case. It is always good to note in our staff review that there are no changes to any of
the existing infrastructure.
Thanks again for your assistance.
Sincerely,
Glenn Hartmann, Senior Planner
Garfield County Community Development
1
UNITED STATES
POSTAL SERVICE
Date: June 1, 2017
Tracey Langhorne:
The following is in response to your June 1, 2017 request for delivery information on your
Certified MaiITM item number 70162140000104299646. The delivery record shows that
this item was delivered on May 24, 2017 at 10:38 am in RIFLE, CO 81650. The scanned
image of the recipient information is provided below.
Signature of Recipient :
Address of Recipient :
4nAcletAv6k ku,t
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postal Service
UNITED STATES
ILVe POST/hL SERVICE
Date: June 1, 2017
Tracey Langhorne:
The following is in response to your June 1, 2017 request for delivery information on your
Certified MaiITM item number 70162140000104299653. The delivery record shows that
this item was delivered on May 20, 2017 at 11:37 am in DELTA, CO 81416. The
scanned image of the recipient information is provided below.
Signature of Recipient :
Address of Recipient :
m , ij,-l&A.
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postal Service
UNITED STATES
POSTAL SERVICE
Date: June 1, 2017
Tracey Langhorne:
The following is in response to your June 1, 2017 request for delivery information on your
Certified MaiITM item number 70162140000104299660. The delivery record shows that
this item was delivered on May 25, 2017 at 10:48 am in PARACHUTE, CO 81635. The
scanned image of the recipient information is provided below.
Signature of Recipient :
Address of Recipient :
34 la as
x
Prirted
Una
welt Tim i v.iawn
22'7 efe..,g46
7
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postal Service
EXHIBIT
ID
File No. FEXA-03-17-8525
Director's Determination 6/1/17
GH
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
SURVEYOR
LEGAL DESCRIPTION
PRACTICAL DESCRIPTION
LOT SIZE
ZONING
Amended Final Plat of Lot 1, Boruch
Exemption
Arlene D. Bush
Michael Langhorne, Bookcliff Survey
Services Inc.
Lot 1 and a portion of Lot 3, of the Boruch
Exemption, as amended, according to the
plat thereof recorded at Reception No.
620603 with the Garfield County Clerk
and Recorder.
The property is located at 8491 Highway
6 & 24, Parachute, CO 81635, generally
located west of and adjacent to the Town
of Parachute. The site is located in
Section 11 & 12, T7S, R96W of the 6th
P.M. and is known by Assessor Parcel
Number 2409-123-00-010.
Lot 1 will be increased to approximately
13 acres
Resource Lands (RL)
I. DESCRIPTION OF PROPOSAL - REQUEST
The Applicant is requesting an amended final plat to merge two inadvertently created
separate parcels into Lot 1. The separate parcels were created by the filing of quit claim
deeds and technically resulted in an illegal subdivision. The proposed amended plat will
correct the illegal subdivision by merging the parcels into Lot 1. The amended plat will
increase the size of Lot 1 to approximately 13 acres as a result of the merger. An existing
home is located on Lot 1 and has all existing services including the Town of Parachute for
water and an Onsite Waste Water Treatment System. No changes to the services for Lot
1 are proposed. No other changes are requested and no changes to any roadways,
access, infrastructure or other components of the subdivision exemption will result from the
proposed plat amendment.
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 and has been completed by the Applicant's representative.
Lot 1, Baruch Exemption, Final Plat Amendment
Vicinity Map
2
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 Tots.
• 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 illegal
subdivision and eliminate nonconforming conditions.
2. No changes to the infrastructure or easements needed to serve Lot 1 will result from
the proposed plat amendment.
3. Based on the improvement location information provided by the Applicant's surveyor
no nonconforming conditions will result from the proposed amendment.
PUBLIC & REFERRAL COMMENTS
4. Staff responded to a mineral rights owner inquiry, however, no written public
comments were received.
5. Referral responses were received from the Town of Parachute and the County's
Consulting Engineer, Mountain Cross Engineering (see attached). Both indicated
comments.
6. Comments from the County Surveyor are anticipated and will be addressed by a
condition of approval requiring his final review/approval and completion of any requested
edits prior to execution of the amended plat.
TECHNICAL
7. 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.
8. The plat includes and certificates shall be subject to final review and approval by the
County Attorney's Office and Planning Staff.
9. Final 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. A statement of purpose for the amended plat shall be added.
b. A plat note shall be added indicating that all previous plat notes on the
3
Boruch Exemption Plats shall remain in effect.
c. Survey Note #3 shall include a reference that all easements on the property
are shown on the plat based on the title commitment noted for the property.
d. The County Attorney's Office shall review the title of the plat to ensure
consistency with past amended plats.
e. The areas being merged with Lot 1 shall be clearly labelled on the amended
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, Boruch 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.
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 signature by the
Board of County Commissioners.
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 signature by the Board of County Commissioners.
4. The following edits shall be made to the plat prior to submittal of the Plat for
signature by the Board of County Commissioners.
a. The Title shall be reviewed by the County Attorney's Office.
b. A plat note stating the purpose of the amended plat shall be added.
c. A plat note stating that all previous plat notes on the Boruch Exemption Plat,
as amended shall remain in effect. The note shall include the recording
information for the previous plats.
d. Surveyor Note #3 shall be edited to indicate that all easements on the
property are shown pursuant to the title commitment referenced.
e. The areas being merged with Lot 1 shall be clearly labelled and may include
reference to past Boundary Line Adjustments if required by the County
Attorney's Office.
4
5. All easements on the property shall be shown on the plat.
6. Prior to submittal of the plat for signature by the Board of County Commissioners,
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.
EXCERPT FROM
AMENDED PLAT
Final Plat Amendment
LOT I , BORUCH EXEMPTION
A Parcel of Lund Situate irt E1/2SEI/4 Section 11 (1 W1/2SW1./4 Section I2,
! c»rnship 7 South, Range 96 West, Cath PR, , C'ounty of Uurfce.ld, State of Colorado
•
r
___► W'I
5
Views of the Site
6
L
Views of the Site
7
May 30, 2017
Mr. Glenn Hartman
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
tii; MOUNTAIN CROS
ENGINEERING, INC.ENGINEERING, INC
Civil and Environmental Consulting and Design
Civil Environmental Consulting and Design
RE: Second Amended Plat Boruch Exemption, Lot 1: FEXA-03-17-8525
Dear Glenn:
1
EXHIBIT
This office has performed a review of the documents provided for the proposed Amended Plat
application for the Boruch Exemption. The submittal was found to be thorough and well
organized. The review generated no comments.
Feel free to call if you have any questions or comments.
Sincerely,
Mountain Cross En ineInc.
Chris Hale, PE
826 Yz Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Glenn Hartmann
From: Stuart McArthur <stuartmc@parachutecolorado.com>
Sent: Wednesday, May 17, 2017 2:26 PM
To: Glenn Hartmann
Subject: Re: Amended Plat Lot 1 Boruch Subdivision Exemption Referral
EXHIBIT
This was difficult for a simple minded person like me to follow, but the Town has no issue with this action.
Stuart S. McArthur
Town Manager
970.285.7630, x-106 - Office
303.513.5555 - Cell
THIS MESSAGE AND ANY ATTACHMENT IS INTENDED ONLY FOR THE USE OF THE INDMDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN
INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution, forwarding, copying of or taking action in reliance of the contents of this
communication is strictly prohibited. If you receive this communication in error, please notify the sender immediately by e-mail or telephone, and delete the
original message immediately. Thank you for your cooperation.
On Wed, May 10, 2017 at 2:12 PM, Glenn Hartmann <ghartmann@garfield-county.com> wrote:
REFERRAL AGENCIES:
Attached is a referral request form for the Amended Plat of Lot 1 of the Boruch Subdivision. The request is to
merge Lot 1 with two previously created parcels (created by quit claim deed) to eliminate a current illegal
subdivision issue.
Comments can be submitted directly to me by email at ghartmann@ garfleld-county.conx. Comments are
requested no later than May 31st
The Application can be reviewed utilizing the link/instructions contained in the attached referral request
form. Please let me know if you have any difficulties in accessing the Application. Your comments are an
important part of our review of this request. Thanks very much.
Sincerely,
Glenn Hartmann, Senior Planner
1