The URL can be used to link to this page

Home My WebLink About2.0 Staff Report D.D. 07.26.2024File No. FEXA 03-24-9004 Director’s Determination Staff Planner - HM Pennig Subdivision Exemption Amended Final Plat Exhibit List Exhibit # Exhibit Description 1 Notice 2 Garfield County Land Use and Development Code, as Amended 3 Garfield County Comprehensive Plan 2030 4 Application 5 Staff Report 6 Referral Comments, Casey Lawerence Garfield County Assessor’s Office 7 Joseph Edwards Letter on 1983 Court Stipulation LAND USE AND DEVELOPMENT CODE EFFECTIVE JULY 15, 2013 Last Amended June 19, 2023 COMPREHENSIVE PLAN 2030 2020 UPDATE Adopted: November 10, 2010 Last Amended: February 26, 2020 GARFIELD COUNTY File No. FEXA 03-24-9004 Director’s Determination Staff Planner - HM 7/26/2024 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Amended Final Plat Pennig Exemption APPLICANTS (OWNERS) Jay and Ann Halliday REPRESENTATIVE Jon Fredericks, LandWest SURVEYOR Rodney Kisner, True North Colorado LEGAL DESCRIPTION The property is described as a parcel of land situated in Section 19, Township 7 South, Range 87 West of the 6th PM, County of Garfield, State of Colorado. More described as reception no. 352611 and 352610. PRACTICAL DESCRIPTION The property is located at 5763 County Road 100 which is approximately 2 miles north of Carbondale off Catherine Store Road. It is approximately 21.23 acres in size and PID#: 239119400139. LOT SIZES After the amended plat Parcel 1 is 10.702 acres and Parcel 2 is 10.532 acres. ZONING Rural (R) I. DESCRIPTION OF SITE AND PROPOSAL The application involves two parcels located along County Road 100, just north of Carbondale off Catherine Store Road. The original owner, Mr. Frank Pennig, was granted a Subdivision Exemption in 1978 of 19.966 acres via Resolution 78-36. The Hallidays purchased the property in 1984. Two deeds were prepared in the 1978 Subdivision and 1983 Court stipulation. They were recorded as Reception Nos. 353712 and 353713 but currently is identified as one parcel at the Assessor. The proposed amended final plat is to record the property as two separate parcels and amend the boundary line between the two parcels to follow the existing fence line and to document the Court stipulation. Parcel 1 would be 10.702 acres while parcel 2 would be 10.532 acres. Two new deeds would be created based on the legal creation of the two parcels. 2 Figure 1 Location of Parcel 3 II. AUTHORITY – APPLICABLE REGULATIONS This 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. 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 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. Figure 2 Proposed Amended Plat 4 III. STAFF ANALYSIS Code Analysis Section 5-305 Amended Final Plat Review The application does not increase the number of lots. It does not relocate any roadways and parcel 1 has access and utilities easement across parcel 2. It would correct any errors such as the inclusion of the 1983 Court stipulation acreage and create Assessor parcel identification. In 1983, a boundary dispute with an adjacent owner resulted in a Court stipulation and an increase of 1.268 acres to be added onto the original exemption for a total of 21.234 acres. Plat Details 1. Final review of the plat by the County Attorney’s office will be required including the title for the amended plat, edits to the purpose statement, plat notes and certificates, easement documentation, title certificates and lienholder certificates if applicable. 2. The Applicant has provided a Title Commitment for the property in support of their representation that there are no lienholders. 3. The County has recorded Resolution 78-36 as Reception #998412. Add the # to the survey notes. 4. Final edits to the proposed plat shall be completed, reviewed, and accepted by the County including but not limited to: a. Vicinity Map on the final plat to reflect the correct parcel boundary lines. b. Add a surveyor’s note explaining the difference in bearings/distances between the record descriptions and those noted in the field. c. Add a purpose statement under plat title. d. Include the original boundary line before the acquired land from the 1983 Court stipulation. Add plat note summarizing the Court stipulation. e. Add mineral rights code in plat notes and mineral rights owner plat note in white space. f. Reword the 1st plat note to match plat note and easement language, subject to County Attorney’s Office approval.. g. Show all easements on plat, including a new one for County Road 109 and label the 60ft easement from the title commitment. h. Delete excess labels on the redlined plat draft and label the old property line vacated and the new property line.. IV. REFERRAL AND PUBLIC COMMENTS Referral comments 1. Garfield County Assessor’s Office, Casey Lawrence: Noted that must record Resolution 78-36. Requested to see a survey’s note explaining the differences in 5 bearings/distances between record descriptions and those noted in the field for future historic research. Public comments No public comments were received prior to the writing of this staff report. V. RECOMMENDED FINDINGS AND CONDITIONS Suggested Findings of Approval 1. That proper public notice was provided as required for the Director' s Decision. 2. Consideration of the application was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons, the proposed Amended Final Plat of the Pennig Subdivision Exemption is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That the application is in general conformance with Garfield County’s Comprehensive Plan 2030, as amended. 5. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended Suggested Conditions of Approval 1. 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 Amended Final Plat of the Pennig Subdivision Exemption shall be subject to all applicable federal, state, and local laws. 3. The County has recorded Resolution 78-36 as Reception #998412. Add the # to the survey notes. 4. Final edits to the Final Plat, including plat notes and title, shall be completed and then submitted to the County (including County Attorney, Surveyor, and Assessor offices) to be reviewed and accepted prior to execution and recording. Updated final plat shall be provided digitally for review prior to a mylar being prepared. The following edits are requested, and any language provided may be modified as warrantied. a. Vicinity Map on the final plat to reflect the correct parcel boundary lines. b. Add a surveyor’s note explaining the difference in bearings/distances between the record descriptions and those noted in the field. c. Add a purpose statement under plat title. d. Include the original boundary line before the acquired land from the 1983 Court stipulation. Add plat note summarizing the Court stipulation. 6 e. Add mineral rights code in plat notes and mineral rights owner plat note in white space. f. Reword the 1st plat note to match plat note and easement language, subject to County Attorney’s Office approval. g. Show all easements on plat, including a new one for County Road 109 and label the 60ft easement from the title commitment. h. Delete excess labels on the redlined plat draft and label the old property line vacated and the new property line. 1 Heather MacDonald From:Casey Lawrence Sent:Tuesday, July 9, 2024 9:48 AM To:Heather MacDonald Subject:RE: Amended Final Plat for Pennig Subdivision Exemption Good Morning Heather, Apologies for my delayed response, I’ve been extremely busy lately and I’m just getting a chance to catch up on my referrals. I took a look at the proposed plat and it appears to be in a form I could use to update the Assessor’s records for the Lot Line Adjustment once approved/recorded. I did have two comments that I think would help this project along, which are:  It doesn’t look like Resolution 78-36 was ever recorded, and given the fact that it’s what created the lots subject to the amended plat, I think it should now be recorded.  I’d like to see a surveyor’s note explaining the diƯerence in bearings/distances between the record descriptions and those noted in the field, just for historic research purposes in the future. Aside from that this looks good as far as my oƯice’s needs, and as always thanks for tagging me in on this I appreciate it and hope you have a great morning! Casey D. Lawrence GIS Lead Analyst Garfield County Assessor’s Office 970-945-1377 ext. 2525 970-945-3953 Fax clawrence@garfield-county.com From: Heather MacDonald <hmacdonald@garfield-county.com> Sent: Tuesday, June 25, 2024 12:23 PM To: Kelly Cave <kcave@garfield-county.com>; Casey Lawrence <clawrence@garfield-county.com>; Harry Shiles <hshiles@garfield-county.com>; Dale Stephens <dstephens@garfield-county.com>; Dustin Decrow <ddecrow@garfield- county.com>; Tyler Terry <tterry@garfield-county.com>; saibner@comcast.net Subject: Amended Final Plat for Pennig Subdivision Exemption Referral Agencies: Attached is a referral request for an administrative review of an Amended Final Plat for 2 parcels located at 5763 County Road 100, Carbondale, CO 81623. Using the approved Subdivision Exemption Resolution No. 78-36, the Applicant is adding additional acreage granted by the 1983 Court stipulation. The proposed boundary line between the parcels is to follow along the existing fence line. New deeds will be created. The request includes a link to review the complete application and the link is also included below: https://records.garfield-county.com/WebLink/browse.aspx?id=4034604&dbid=0&repo=GarfieldCounty We request that your comments be submitted by July 16th, or sooner, if possible, to facilitate the review/hearing schedules. 2 Comments can be submitted directly to my email at hmacdonald@garfield-county.com Please let us know if you have any questions or if you have any diƯiculty in accessing the file. Thanks in advance for your assistance as your comments are an important component of our review process. Heather MacDonald Planner I Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 o: 970.945.1377 x1605 hmacdonald@garfield-county.com www.garfield-county.com