HomeMy WebLinkAbout2.0 BOCC Staff Report 05.09.2005BOCC — 05/09/05
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PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANTS
LOCATION
PROPERTY
ZONING
LOT SIZE
Amended Plat
Rocky Mountain Baptist Church of Rifle
Lacy Park, LLC
0055 CR 228 west of Rifle, Portions of
Sections 13, 14, 23 and 24 Township 6
South, Range 94 West of the 6th PM
Lot 1, Lacy Park Subdivision
R/L — Lower Valley Floor
5.843 acres
I. DESCRIPTION OF THE PROPOSAL
The owners of Lot 1, Lacy Park Subdivision propose to expand their lot line to the south and east and
reduce the adjoining 40 acre tract by the same amount. This amendment will result in an exchange
of approximately 2.514 acres with the adjacent land owner. The adjacent property, owned by Lacy
Park LLC, is a meets and bounds property containing at 40 acres. No new roads, new lots, or
dwelling units are proposed as a result of the proposal.
II. AUTHORITY
Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded
plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2)
result in the major relocation of a road or add new roads. This request will not result in either of the
two aforementioned standards and Staff finds these standards are met.
III. STAFF RECOMMENDATION
The Applicant has provided all required documentation and has satisfied the applicable standards for
a plat amendment. Therefore, the Planning Staff recommends that the Board of County
Commissioners, pursuant to Section 6:10 of the Subdivision Regulations of 1984, as amended,
approve this amended plat request with the following conditions:
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board, shall be considered conditions of approval.
2. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed
and dated (mylar copy) by the County Surveyor, than signed and dated by the Chairman of the
Lacy Park, Lot 1, Amended Plat
BOCC — 05/09/05
Page 2
Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Final
Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state
law, and approved by the County Surveyor and shall include, at a minimum, the information
outlined in Section 5:22 of the Garfield County Subdivision Regulations.
3. Lacy Park, LLC shall be required to complete a Lot Line Adjustment application obtained from
the Garfield County Building and Planning Department to reflect the change in the larger parcel.
This shall be completed and the necessary documentation recorded in the Office of the Clerk and
Recorder concurrently with the recordation of the final plat for Amended Tract 42 of the Antlers
Orchard Development.
GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
802 GRAND AVENUE, SUITE 301
P.O. BOX 931
GLENWOOD SPRINGS, CO 81602
(970) 945-9141
Fax (970) 945-9143
NICHOLAS W. GOLUBA NEIL W. GOLUBA
April 8, 2005
Fred Jarman
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Lacy Park, LLC — Rocky Mountain Baptist Church of Rifle
Amended Plat and Boundary Adjustment
Dear Fred:
This firm is representing Lacy Park, LLC in connection with adjusting the boundary
between property owned by Lacy Park and adjacent property owned by the Rocky Mountain
Baptist Church of Rifle. The Church currently owns Lot 1 of Lacy Park Subdivision, while Lacy
Park, LLC owns adjacent property containing approximately forty (40) acres. The parties
previously amended the Plat of Lot 1, incorporating land owned by Lacy Park into Lot 1 and
removing a portion of the original Lot 1 for merger with the Lacy Park parcel. The parties
amended the Plat and have since executed and recorded the necessary conveyances; however,
nothing was done to confirm the merger of the parcel removed from Lot 1 with Lacy Park's parcel.
The parties are desirous of confirming such merger and of further amending the Plat of Lot
1 to incorporate more land into Lot 1 for the Church. Accordingly, in addition to amending Lot
1 to include the additional acreage, we will also record an Affidavit (Re: Boundary Line
Adjustment) confirming the merger of the land removed from Lot 1 with the Lacy Park land. We
will also execute and record a Third Amendment to the Declaration of Covenants, Conditions and
Restrictions for Lacy Park Subdivision to submit the land added to Lot 1 to the Declaration of
Covenants, Conditions and Restrictions and release the land removed.
Accordingly, enclosed herewith please find, in duplicate, the following:
1. Amended Plat Application for Lot 1, including the proposed Sec
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APR 0 8 2005
GARHELD CC',INTY
BUILDING & PLANNING
Fred Jarman
Garfield County Planning Department
April 8, 2005
Page 2
Lot 1, Lacy Park Subdivision;
2. Copies of the Deeds showing ownership in the Church and Lacy Park;
3. A copy of the proposed Affidavit (Re: Boundary Line Adjustment);
4. Agreement for Payment Form.
Also enclosed is a check in the amount of One Hundred Dollars ($100) to cover the base
fee for the Amended Plat Application. Please contact me with any questions you may have.
Very truly yours,
NWG/srb
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