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Home My WebLink About3.0 Staff ReportPROJECT INFORMATION j/ TYPE OF REVIEW APPLICANT (OWNER) SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE e No. FPAA-7735 ►r's Determination GH ell Subdivision Richard and Carol Terrell and the Charles J. Terrell Loving Trust Book Cliff Survey Services Lots 1 and 2 Terrell Subdivision Exemption according to the Final Plat Terrell Subdivision Exemption Recorded March 17, 1999 as Reception No. 541927 with the Garfield County Clerk and Recorders Office, State of Colorado; and That property described in a Quit Claim Deed between Vix Ranch and the Charles J. Terrell Loving Trust, recorded as Reception No. 575302 Said property is located at 2090 County Road 241, approximately 3.5 miles north of the Town of New Castle, Colorado. The properties are also known by Assessor's Parcel Numbers 2125-131-00- 034 and 2125-131-00-035. Overall site is 56.5 acres. The existing Tots sizes are approximately 11.77 and 44.73 acres. The proposed lot sizes are approximately 37.29 and 24.19 acres ZONING Rural (R) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amended Plat to adjust the lot line between the two Tots (Lot 1 and Lot 2). The proposal would shift approximately 25 acres from Lot 2 to Lot 1. There is no change in use proposed and both lots are currently improved with single family dwellings and are used for small farming and pasturing livestock. All infrastructure and access improvements are in place consistent with the original subdivision exemption approvals. The purpose of the lot line modification is represented to be estate — inheritance planning. The lot line will not result in the need for any easements between lots and each lot's individual well remains on their respective property. The County Road runs through the property within an easement described on the original Subdivision Exemption Plat. . No changes to the existing access, utilities, or drainage are proposed by the amended plat and no nonconforming conditions have been noted to result from the lot line modification. The Applicant requested a waiver from the submittal requirements for an Improvements Agreement. The request is deemed appropriate for the Application as no new improvements are proposed or required. 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 a waiver requests addressing the fact that an Improvements Agreement is not warranted for the Plat Amendment Request. 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 draft plat needs minor edits to the certificates and signature blocks and needs to include a County Surveyor's Certificate and Title Certificate. The title certificate is anticipated to confirm that there are no lien holders for either lot. 2. The Applicant has provided documentation of the authorized representatives of the Charles J. Terrell Loving Trust. The Plat will need to be executed by said authorized signatory. 3. The Application was referred to the County Surveyor and his technical comments once received if any will need to be addressed in the final draft of the amended plat. Some improvement location information may be removed from the final mylar of the amended plat based on direction from the County Surveyor's Office. 4. No conflicts with the existing underlying zoning have been noted including lots size and setbacks. The area of property being shifted between Tots is generally agriculture pasture and stream frontage. Agriculture fencing should be shown on the draft plat and should be consistent with the new lot line to avoid any future encroachment questions. 5. No changes to existing easements, utility locations, or access are proposed as part of the amended plat process. Existing easements for irrigation ditches and any existing easements for utilities need to be shown on the plat. 2 6. The Application was referred to the County Road and Bridge Department and they indicated no concerns with the plat amendment request. The County Road easement described on the original Final Plat should also be legally described on the amended plat to ensure its dedication consistent with the previous platting. 7. Final review of the amended plat by the County will be conducted prior to presentation of the plat for signatures. All concerns including but not limited to updated signature blocks and plat notes shall be addressed by the Applicant. A plat note indicating the purpose of the amended plat has already been included on the draft plat. An additional plat note is needed indicating that all previous plat notes on the original subdivision exemption plat shall remain in force and effect. 8. The Applicant previously completed a lot line adjustment land trade with an adjoining property owner. The proposed plat reflects the revised description of the Applicant's property and includes recording information for the conveyances. The plat should further label the recording information to clarify its purpose (i.e. conveyance from Terrell to Vix Ranch previous lot line adjustment). 9. No public comments from adjacent property owners were received by the Community Development Department in response to the public notice. 10. The Applicant's proposal meets the Review Criteria contained in Section 5-305 (C) as the Application does not increase the number of lots and does not result in the relocation of any roads or creation of new roads. IV. SUGGESTED FINDING AND RECOMMENDATION Staff supports a finding that the Terrell Subdivision Exemption Amended Plat Application for Lots 1 and 2 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. All requirements from the County Surveyor shall be met prior to submittal of the plat for final execution. 3. The Plat shall be subject to final review and approval by the County prior to submittal of the plat for final execution. All standard plat certificates and signature blocks shall be included on the final plat including but not limited to the addition of the County Surveyor's Certificate, Title Certificate and Lien Holders Certificates if there are lien holders. The Title Certificate shall address both of the lots. 3 4. The Applicant shall remove the currently drafted plat notes "A" -- "I" and replace them with the following plat note: The plat notes from the Final Plat Terrell Subdivision Exemption, recorded at Reception No. 541927 with the Garfield County Clerk and Recorder shall remain in full force and effect to the Lots contained in this Amended Plat. 5. The Applicant shall provide a title report or commitment for both lots prior to submittal of the plat for final execution. The title report shall confirm that there are no lien holders or identify any lien holders that will also be required to sign the plat. 6. The proposed plat shall be updated and edited as follows prior to submittal for final review by the County: a. All easements including those for irrigation ditches or utilities shall be shown on the plat. b. The surveyed description of the County Road shall be added to the plat consistent with the original subdivision exemption. c. The Book and Page references on the plat to recent conveyances and acquisitions (previous lot line adjustments) shall include a description identifying the purpose of the deeds. d. Existing agricultural fences shall be shown on the draft plat consistent with the new lot lines or encroachments addressed by easements if necessary. 4 EXCERPT FROM DRAFT AMENDED PLAT Amended Final Plat TERRELL SUBDIVISION EXEMPTION 1 Parcel of Land Situate in the NE1/4 of Section 13, Township 5 South, Rang( West of the 6th P.M., County of Garfield, State of Colorado 4,rn•1 /1 Asn Y Came. Wr.Gti'Iy`w / nl. +I/NIN �s♦tiY�I.R°k1y�b // Ll'. 1Vw�ira .y1 1.y1 MA 1 / } A6 4 IiavY.YAI'S4Y(L/Yf Pt Ai /, rtiJ , )4" Th., tsrHr y J ff etfir 4.rit4rAlmYn.' A 1A1,4l0lLW sinstri ATA • A IA 411414 NN51.1P C." .444.41.1 fl 4JM.V Off 11I ',OVAL JAA441 41ttf1si MIMS. Y AfR NP Gk1K0.WA.W GIM 5GO14I A1119 TiA G1A{l1J A. .4111Se 1 IWGIS314J.VIG11I$ *MIN t0L4P 114114,./T I AA PdW4L10.WV. 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JJAIIA4l}S11 flow; 4243. 3141r.WP.4.4111 A.4 InI1 lt% I r«11,n4. 9ul/r1 / �V/I�1.��9� +]I F�1' IJ'i9Y 1 19Y/hly ltv0Jl1 <r' 1 nowt PAA'ii:V fFcmll 4dadi.:..ru 1..Ares 5 VIEWS OF THE SITE (looking southwest from Lot 1 toward Lot 2) Ili I itr.lf.*7'S VIEW OF HOME ON LOT 2 (looking northeast into Lot 2) VIEW OF HOME ON LOT 1 (looking toward East Elk Creek) 7 Glenn Hartmann From: Wyatt Keesbery Sent: Monday, December 02, 2013 10:25 AM To: Glenn Hartmann Subject: Terrell Exemption Glenn, Road and Bridge has no exceptions to the Tots 1 and 2 Terrell subdivision on CR 241. wyatt Wyatt Keay Garfield County Road & Bridge District Foreman 0298 C.R. 333A Rifle, Co. 81650 Office: 970-625-8601 Cell: 970-309-6073