HomeMy WebLinkAbout4.0 Director's DeterminationGarfield County
December 9, 2013
Richard and Carol Terrell
2090 County Road 241
New Castle, CO 81647
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
RE: Director's Decision - Terrell Amended Exemption Plat
(Pile No. FPAA-7735)
Dear Richard and Carol:
This letter is provided to you as the Applicants for an Amended Plat for the
Terrell Subdivision Exemption. Your request involves an adjustment of the lot
line between the two Tots in the subdivision exemption. Your property is located
north of the Town of New Castle at 2090 County Road 241 with Assessor's
Parcel Numbers 2125-131-00-034 and 2125-131-00-035. The original
Subdivision Exemption Plat was recorded at Reception No. 541927 with the
Garfield County Clerk and Recorders Office.
Your Application has been reviewed in accordance with the Administrative
Review procedures contained in the Land Use and Development Code as
amended. Said provisions require a Decision by the Director of the Community
Development Department on whether to approve, approve with conditions, or
deny the request.
A decision is hereby issued regarding your Application for an Amended
Exemption Plat for the Terrell Subdivision Exemption. The Director's Decision is
to approve the Application including a finding that the application meets the
requirements of the Garfield County Land Use and Development Code as
amended and subject to the following conditions:
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.
1
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 Tots.
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.
The Land Use and Development Code requires notification to the Board of
County Commissioners for their review and potential call-up of the Director's
Decision. The Board review is for a period of 10 calendar days commencing on
the date of the Director's Decision. The call-up period shall expire on December
19th, The Amended Final Plat will be scheduled on the Board of County
Commissioner's consent agenda after expiration of the call-up period and once
all conditions of approval have been satisfied including editing of the plat and
acquisition of ail necessary signatures. Please note that you will have 90 days
from the date of approval to submit a plat suitable for recording. Extensions of
this time period may be requested prior to the expiration of the original time limit.
2
Please contact the Community Development Department if you have any
questions regarding the Director's Decision and the next steps for finalizing your
amended plat.
Sincerely,
Fred Jarman, AICP
Director, Community Development Department
cc: Board of County Commissioners
3
Garfieid County
December 13, 2013
Richard and Carol Terrell
2090 County Road 241
New Castle, CO 81647
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
RE: Director's Decision .- Terrell Amended Exemption Plat
(File No. FPAA-7735) Conditions of Approval
Dear Richard and Carol:
This letter addresses the current status of agricultural fencing along the common
lot line being adjusted by the Amended Exemption Plat for the Terrell Subdivision
Exemption. The issue was addressed by Condition 6. d. in the Director's
Decision Letter dated December 9, 2013. The purpose of the condition was to
avoid any question or confusion in the field as to the location of the amended lot
line.
Staff review has determined that establishment of easements for the existing
fence location are not necessary pursuant to Condition 6.d. based on the
Applicant's representation that the fence will be relocated as soon as weather
permits to conform to the modified lot line.
The Condition is deemed satisfied based on your representations. Please note
that once the plat is recorded and as soon as reasonably possible after weather
conditions permit the fence will need to be relocated.
Please let me know if you have any questions regarding this determination.
Hopefully you find it to be consistent with our discussion and your plans.
Sincerely,
/2//t
Glenn Hartmann
Senior Planner
1