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Home My WebLink About3.0 Director's Determination Staff Report & ExhibitsFile No. FPAA-01-16-8416 Director's Determination GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT SIZE ZONING Amended Final Plat Parcel 5 Robinson Subdivision Exemption and Parcel A of Resolution No. 81-50 Exemption Ed and Sheila Allen Cecil Phillips and Janice Barlow River Valley Survey Inc., Scott Aibner Parcel 5 of the Robinson Senate Bill 35 Exemption, according to the recorded plat thereof being Document No. 356200. Property described by Special Warranty Deed recorded at Reception No. 869122 and also known as Parcel A of the Resolution No. 81-50, Exemption, recorded as reception No. 312241. The properties are located at 488 and 418 County Road 251, Rifle Colorado, 81650, approximately 3 miles north of the City of Rifle. The site is located in Sections 19 and 30, T5S, R92W of the 6th p.m. and are known by Assessor Parcel Numbers 2127-301-00-213 and 2127- 301-00-196. Parcel 5, 8.6 acres (prior to Amendment) Parcel A, 2.4 acres (prior to Amendment) Rural (R) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an amendment to adjust the lot line between the two properties to convey 2.84 acres from Parcel 5 to Parcel A. After the amendment Parcel 5 will reduced in size to be 5.830 acres and Parcel A will be increased to 5.132 acres. The conveyance will shift the common lot line south from one existing fence line to a second southerly fence line that naturally divides the two properties. The new lot line is a logical division consistent with existing fencing and pasture configurations. VICINITY MAP SCALE: 1- - 2,000' - t Subject Propaly 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. Public notice for the Director's Decision is required in accordance with Sections 4- 103, 4-101 and Table 5-103. The Applicant has provided copies of certified mailings to all property owners included on the list of owners within 200 ft. and the list of mineral rights owners on the Applicant's properties. 5-305 AMENDED FINAL PLAT REVIEW. C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of Tots; 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. III. STAFF ANALYSIS 1. The proposed adjustments are consistent with the underlying Rural (R) zone district. The adjusted lots both will remain conforming to the Land Use Code for minimum lot size and existing improvements will remain conforming for setbacks. 2. No other changes are being requested and there are no changes to any easements or utility alignments resulting from the proposed changes. 3. Prior to the recording of the amended plat the Applicants will be filing two quit claim deeds to resolve technical survey issues, further described as follows: 2 a. A quit claim deed on Parcel A, that will resolve a technical survey issue associated with a deeded overlap at the northwest corner of Parcel A with the adjoining property owners David and Cynthia Powers. The overlap is adjacent to the County Road and Meeks Drive and the correction is reflected on the draft amended plat. b. A quit claim deed on Parcel A, that will resolve an ownership and access issue north of Parcel 5 immediately adjacent to the County Road. The quit claim deed will convey to Edwin and Sheila Allen that portion of Parcel A that lies between the Allen Property, Parcel 5 and the County Road. The legal documents including quit claim deeds shall be subject to review and acceptance by the County Attorney's Office. The quit claim deeds will be recorded prior to and concurrently with the amended plat with the recording information for the quit claim deeds included on the amended plat. 4. The amended plat will also correct the legal descriptions of both lots by including a previously quit claimed strip of land along the westerly boundaries of both parcels. The quit claim deed was recorded at Book 755 page 274 and the conveyance was consistent with existing fence lines. The amended plat includes references to the quit claim deed and its recording information. 5. The Application was referred to the County Surveyor's Office. Comments received indicate that the County Surveyor's Office had no comments on the plat as to survey content and form (see attached). 6. Review of the amended plat by the County Attorney's Office will be conducted prior to presentation of the plat for signatures. All concerns of the County Attorney's Office including signature blocks and plat notes shall be addressed by the Applicant. 7. Plat notes shall be required identifying the purpose of the amended plat and indicating that all existing plat notes from the Robinson Exemption Plat shall remain in effect. 8. 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 Application will serve to correct a survey errors. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that subject to compliance with conditions of approval the Amended Final Plat Application for Parcel 5 of the Robinson Exemption and Parcel A of 3 the Resolution No. 81-50 Exemption 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. The Plat including signature blocks and plat notes shall be subject to final review and approval by the County Attorney's Office prior to submittal of the plat for final execution. 3. Plat notes shall be required indicating the purposes of the amended plat and that all previous plat notes set forth on the Robinson Subdivision Exemption Plat shall remain in effect. 4. The Applicant shall record prior to and concurrently with the filing of the amended plat two quit claim deeds resolving a deeded overlap associated with Parcel A and an ownership and access issue for Parcel 5. The documentation and deeds shall be subject to review and acceptance by the County Attorney's Office prior to recording. The deeds are further described as follows: a. A quit claim deed on Parcel A, that will resolve a technical survey issue associated with a deeded overlap at the northwest corner of Parcel A with the adjoining property owners David and Cynthia Powers. The surveyor's statement of record explaining the purpose of the quit claim deed shall be recorded with the quit claim deed. b. A quit claim deed on Parcel A, that will resolve an ownership and access issue north of Parcel 5 immediately adjacent to the County Road. The quit claim deed will convey to Edwin and Sheila Allen that portion of Parcel A that lies between the Allen Property, Parcel 5 and the County Road. 4 EXCERPT FROM AMENDED PLAT ATST CCNLNY 1J HEARS 441V 2416.30 Ownership and Access Quit Claim Area CECIL L. PH7APK AND JANICE K. HARLOW 414 COUNTY ItDAb i251 PARCEL %SITA It{RLIIN, 5 S14AOEG PARCEL A AS t. RTSOLLTIM RAC NCI. AI — U JPAN, I4NJARY UNE To SE AMENDED Vv NY ?inti N(AT PARCEL A AS AMENDED 0Y THS PLAT 5.132 AC.2 PORTION OF PARCEL 5 TRANSFERED TO PHILLIPS / HARLOW HY THIS PLAT 2 848 AC ru ACCESS AND Vt`L1Y EASEMENT PAP PIAT SEC NO 1SOS'AI �OH[f ROAD r o PARCEL 5 AS AMENDED HY THIS PLAT 5.810 AC t PARCEL S AWN. .1. 6 SHEILA A 416 COUNTS ROAD Ails I PARCEL 02:27,S0:KXY2:1 ,� 513 DRAINAG3M S TOECLAIM STEN E LAND TC1O.NLLAIM PENCE MNP. HOOK )SS PAGE 2T4 20.0' 822'3825 W 59.30 \ ps4t'S7'W 52.42 841.05 °08'4 f_W 57 CURCAMR4HAY*EN KV TRANSMISSION LINE SEME.N'T (Tattptlnn 11 To rico 7 Sy PS REMAR !CAA L . o.,wer!?YP — 20.0' r GRAPHIC SCAT.F (214412 ) 1 uzch — 60 tt. 5 Views of the Site Proposed Lot Line Existing Lot Line Area of Corrected Fence Line Quit Claim Deed 6 Garfield County To: Scott Aibner - River Valley Surveys From: Jason Neil — Deputy Garfield County Surveyor Subject: Amended Plat Review — Robinson SB -35 Exemption Date: March 29, 2016 Deputy Surveyor Jason R. Neil, P.L.S Dear Scott, Upon review of the Robinson SB -35 Exemption — Parcels 5 Amended Final Plat I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. I have no comments as to survey content and form. Once these and all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Jason R. Neil, P.L.S. Deputy Garfield County Surveyor cc Glenn Hartmann — Community Development Department 109 8 th Street ,Suite 201 • Glenwood Springs, CO 81601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garf eld-countycom