HomeMy WebLinkAbout4.0 Director's Determination Letter - Reissued1
September 20, 2024
Jon Fredericks
LandWest
345 Colorado Ave. #106
Carbondale, CO 81623
Jay and Ann Halliday
5763 County Road 100
Carbondale, CO 81623
RE: Reissued Director’s Decision Letter – Amended Final Pennig Subdivision
Exemption
(FEXA-03-24-9004)
Dear Jon, Jay and Ann,
This letter is sent to you as the owner/applicant and representative for the
Application for an Amended Plat for the Pennig Exemption. The Application
requested an amendment to the plat to adjust the property line between Parcel 1
and Parcel 2. The properties are located at 5763 County Road 100 and also known
by Assessor’s Parcel No. 239119400139. 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 the
findings that the Applicant has completed all public notice requirements and that
subject to compliance with conditions of approval the Amended Final Plat of the
Pennig Subdivision 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.
Community Development Department
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The Application is approved subject to the following conditions.
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.
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.
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
the Director’s Decision. 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.
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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,
Glenn Hartmann
Director, Community Development Department
cc: Board of County Commissioners