HomeMy WebLinkAbout4.0 Director's Decision 12.06.2016December 6, 2016
Garfield County
Patrick Morrissy and Jean Ray Campbell
10 Walnut Court
South Orange, NJ 07079
Community Development Department
RE: Director's Decision Cooperton — Morrissy Amended Plat
(File No. FPAA-05-16-8456)
Dear Pat and Jean Ray:
This letter is in regard to your Application for an amended Plat for the Cooperton
Townsite Lots 21 — 27, Block 10. The property is located off of Cedar Drive and
known by Assessor's Parcel No. 2393-284-10-004.
The 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.
The Director's Decision is hereby issued approving your Application with a finding
that subject to compliance with conditions of approval the Amended Final Plat of
Lots 21 — 25, Block 10 of the Cooperton Townsite, including the metes and bounds
property described in the Warranty Deed recorded at Reception No. 872776 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 approval is 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's referral letter, dated 11/29/16
shall be addressed to the satisfaction of the County Surveyor prior to submittal of
the plat for final execution.
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3. 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.
4. The following edits shall be made to the plat prior to submittal for final
execution:
a. The setbacks and delineation of a building envelope shall be removed
consistent with past direction from the County Surveyor and County
Attorney's Office.
b. The plat note regarding the purpose of the amendment shall be amended
to read as follows, subject to final approval and editing by the County
Attorney's Office:
The purpose of the this plat is to vacate the lot lines between
Lots 21 — 25, Block 10 and include within the proposed
combined lot that portion of the Applicant's property
described with a metes and bounds description in the
warranty deed recorded at Reception No. 872776, with the
Garfield County Clerk and Recorder.
c. The title of the Amended Plat shall be revised to replace the reference to
Lots 26 and 27 with an appropriate reference to the metes and bounds
described property covering that portion of the property as contained in the
owner's recorded deed.
d. The note on the draft plat describing the Denver and Rio Grande Western
Railroad right-of-way line, shall be amended to include reference to the
Relinquishment and Disclaimer document recorded at Reception No.
310718.
e. All easements noted in the Applicant's Title policy shall be included on the
plat. A plat note stating that all easements have been shown on the plat
shall be added and shall reference the Applicant's Title Policy Number for
the property.
f. An easement for the Rockford Ditch Lateral shall be included on the plat if
requested by the ditch company. The width of the easement shall be as
requested by and acceptable to the Ditch Company.
5. The Applicant shall provide a letter from the ditch owner accepting that the
proposal will have no impact on their ability to maintain the ditch and that an
adequate maintenance easement is possible. Any changes to the ditch associated
with future development of the property shall be subject to approval by the Ditch
Company. A plat note indicating such a restriction shall be added to the plat and
subject to final review and approval by the County Attorney's Office.
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
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the Director's Decision. The call-up period shall expire on December 16th. 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 all
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.
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,
e ', 1 Bower, AICP
Dir tor, Community Development Department
cc: Board of County Commissioners
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