HomeMy WebLinkAbout2.01 Staff reportCANYON CREEK ESTATES, LOT 15 - AMENDED FINAL PLAT
DIRECTOR DETERMIINATION SEPTEMBER 26, 2013
A. REQUEST
The owner of Lot 15 of Canyon Creek Estates has requested to amend the final plat to adjust
the lot line with the adjacent owner to the west, Cindy Crandall. Ms. Crandall's lot is not
located within a subdivision therefore a Boundary Line Adjustment is required to amend the
legal description for her parcel. The two processes together will allow for amendment of the
common line between the two lots.
B. APPLICABLE REGULATIONS
The 2013 Land Use and Development Code provides the process for both the Boundary Line
Adjustment (Section 5-102 (A)) and Amending a Final Plat (Section 5-305), with the specific
regulations below. The Boundary Line Adjustment is not reviewed nor approved by the County
but is completed pursuant to the requirements below. An amended plat is an Administrative
Review procedure, that upon approval, a Plat is presented to the Board of County
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Commissioners for signature and recording in the Office of the Clerk and Recorder.
Specific review criteria have been satisfied as listed below:
5-102. PROCESSES EXEMPT FROM SUBDIVISION AND EXEMPTION REVIEW.
The following are not "Subdivisions" or "subdivided land" as those terms are defined by State law and
are not subject to County Subdivision or Exemption Review.
A. Boundary or Lot Line Revision or Correction.
Revision to Lot Lines or boundary lines for parcels of land outside of a recorded Plat for the
purpose of revising boundary or parcel lines shall constitute a boundary or Lot Line revision or
correction. If the proposed change affects a lot within a recorded Subdivision or an approved
Exemption, it does not qualify as a boundary or Lot Line adjustment and the change must be
processed as an Amended Plat pursuant to section 5-305. The proposed change shall meet the
following criteria:
1. There will be no new lots created;
2. There will be no loss of access;
3. There will be no loss of utility service to the parcels;
4. Merger occurs by way of a recorded deed; and
5. Title is held in the same form and quality of ownership, for example: fee
ownership must remain fee ownership; fee ownership with the possibility of
reverter must remain fee ownership with the possibility of reverter; joint tenancy
with right of survivorship must remain joint tenancy with right of survivorship.
Staff Comment: The application meets these requirements.
5-301. AMENDED FINAL PLAT REVIEW.
B. Overview.
This process shall be used to modify a Plat such as, but not limited to, modifying Lot Lines,
Building Envelopes, easement locations, or other interests.
C. Review Process.
An application for an Amended Final Plat shall be processed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103, with the following modification:
1. The Amended Final Plat shall be presented to the BOCC for signature, prior to
recording with the County Clerk and Recorder.
D. 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.
Staff Comment: The application meets these requirements.
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C. REFERRAL AGENCY COMMENTS
1. The County Surveyor has reviewed the proposed amended plat and had no comment.
D. RECOMMENDATION
Staff recommends that the Director of Community Development approve the requested plat
amendment with the following conditions:
1. That all review comments received from Community Development and the County Surveyor
have been adequately addressed prior to Board of County Commissioner signature of the
plat.
2. That sufficient documentation be provided to Community Development to affect the
Boundary Line Adjustment (BLA) process with property owned by Cindy Crandall. The
recording of the plat and the BLA will occur at the same time with the applicant being
responsible for recording costs.
3. Prior to scheduling the plat for Board of County Commissioner signature, the applicant shall
submit a mylar of the plat signed by all required entities except the Board of County
Commissioners, Clerk & Recorder and County Surveyor.
4. Within 90 days of this determination the Amended Plat shall be signed by the Chairman of
the Board of County Commissioners and recorded in the office of the Garfield County Clerk
and Recorder. The Plat shall meet the minimum CRS standards for land survey plats, as
required by Colorado state law, and approved by the County Surveyor.
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