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Home My WebLink About2.0 Staff Report DD 11.18.2019Director's Decision Exhibits Amended Final Plat Parcels C and D Schultz Subdivision Exemption (F i le FEXA-O 9-1 9-87 52) November 18, 2019 Applicants: Ron & Karen Nadon, Craig & Elisa Schultz Exhibit Number Exhibit Description 1 Public Notice Hearing Information Form & Attachments 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2O3O 4 Application 5 Staff Report 6 Referral Comments from County Surveyor 7I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 T 1- EXHIBIT tâ -cooı Gnúehd Cçunty PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the described action. Ef My apptication required written/mailed notice to adjacent property owners and mineral owners. CS Mailed notice was completed on the 28 dav o¡ October 2019. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 1"5 calendar days prior to sending notice. CS All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] We own the mineral rights. Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of -,2O-. Please attach proof of publication in the Rifle Citizen Telegram. CS U My application required Posting of Notice. Notice was posted on the daY of 2A_. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testifu that the above information is true and accurate. Name Craig Schultz Signature Date:11t20t19 PDF created with pdfFactory trial version www.pdffactory.com Irr.trm[rrrmTTÕt:[fc¡trJ]rlE¡frrqtfr*J¡EIEl-u-rçmÍrtfEE(fc¡J¡r{Ëlû-flcfn-rlrutf,:l-frrumtrEEEEIEJ¡f-lËlfrr4Ë¡r!.JIúfrmfrf\-mû-Ëtt3[fctcf,J¡rlt¡r-f:ltfr\mE-g.mE.rLmfrEtfclcltf.¡r1cfIT.1.c¡r\-..,.,"''':..'1ü/?S/?r:rt9' ' ..:,| :..:.mrlcf5-trmITEIËltfc]E-!rCc3[-11cfrLSL5ün Córtrïod Mêil R6tdrted Ddt@ Sn Adult Sbnarre ñ€quiÉdn Adult S¡gnatuÞ ¡¡ætrlded ølveryF@ipt (dècMo)RæolÞt (r.údæpgFFotumllFoturn$û.55Fostâges;or.r P*t s" "nd:sr".l:t5PS Form 3aOO, Apr¡l 2015 PSñ 753er2"0m-9e7 See Reverse for lnstructionsvisit our webs¡te alFor.Ìi3,5üEl F@rn Rec€iÞt þ¡ækoôi.)E C¡ñliêC MâI Roôtild6d Dol¡wryn A&h Sigr€t@ RoquiþdÜAd!ft ggn6ÉF€ Redlct€d DeÍvqyFæiÞt (hadcopy)Inemtü. F5See Reverse Jor lnstruct¡onsI 20't 5 PsN 7s3o-t2-om-9047PS Formvis¡t our website atFors'].55'ostageìï' "o*t" "no Tl". ü5?-2*3.5SE Rôùm 8séld oEidw!,E Rétuñ F6€þt (ddddc)ClConlîêd Þld R6rknêd H¡våryn Adllt SþnatuÞ Ê€qulEdn Adut Slgd!€ Rdrlded DdlvêryU.S. PostalService'"CERTIFI ED MAIL@ RECEIPTDomest¡c Ma¡lU.S. Postal Service'.CERTIFIED MAIL@ R ECEIPTDomestic Ma¡l OnlyU.S. PostalService'"CERTIFIED MAIL@ RECEIPTDomestic Mail OnlyU.S. Postal Service'"CERTIFIED MAIL@ RECEIPTDomestlc Mailcê glæstr.15E M¡nÊæ¡pÎ(êlæffiic)I ce*ineo Meit nmicted oet*eryI Adqlt S¡lnâtuÞ fbqùi€dFwn Rêdpt (hadcopY)R6trictedU.S. PostalService'"CERTIFIED MAIL@ RECEIPTv¡s¡t our webs¡te atForSæ Beverse lor lnstructions201 5 PSN 7530-02e0-S047PS Form 38oo,Domestic Maill] Return Roæ¡Þl {hârdcopy)ll ñot¡o 8æ¡pt (sloctn;o)E Cartifiod Meil R6bicl€d Dol¡ve¡J sll Adült siqnstæ Rqu¡€d sAdult S¡fiâm Ro*ictôd Dollvôry S _*ü..55Pctages¡qei ro*s6 arc rff. ü,5ß€<s ¡&.y7U.S. Postalservice'"CERTIFIED MAIL@201 5 PSN ;530-02-000.9047PS FormPTECEIRMailÐomesticlf Rdurn Êædpl lêtdÞnto)ICudtfsd Msit Bsshctd Ð€t;!6rytAdufr Stgnatù€ RquiÞdlhdcopy}FFollm R""ept$$ne*;ctèd Ddtusry S$ü.55a)êy7tilhvisil our Ìvebs¡te at TYPE OF REVIEW APPLTCANT (OWNER) SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION LOT S¡ZES ZONING PROJECT INFORMATION AND ETAFF GOMMENTS File No. FEXA-CI9-19-87 52 Director's Determination 1 1 I 18119 GH Amended Plat Schultz Subdivision Exemption, Parcels C and D Ron and Karen Nadon and Craig and Elisa Schultz Drake Consulting, Land Surveying Tracts C and D as referenced in Resolution No. 78-96 recorded at Reception No. 290726 and further described in Deeds Recorded at Reception No. 660821 and Reception No. 305067 (Book 550, Page 780), with the Garfield County Clerk and Recorder. The properties are located a|2675 and 2859 County Road 335, New Castle CO 81647, approximalely 3Tz miles west of the Town of New Castle, and known by Assessor's Parcel N umbers 21 U -482-OO- 142 and 21U-AA-00-213. 13.179 acres and 8.594 acres, after the lot line adjustmenUamended plat Rural (R) I. DESCRIPTION OF PROPOSAL . REQUEST The Applicant is requesting an amended exemption plat to adjust the property line between Parcels C and D to better conform with exiting improvements and fence lines. No other changes are being requested. The lots were originally created by a subdivision exemption approved by Resolution No. 78-96, approved for Gary Schultz. While no plat was recorded at that time the resolution approved the parcels to be approximately 10 acres in size. The Parcels were sold and by Assessor's Office Records are currenlly 6.74 acres and 15.04 acres in size. The requested amendment would increase Parcel C by approximately 1.8 acres and decrease Parcel D by the same acreage. i[h' AUTHORITY..APPLIOAtsIE REGULATION$ : 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. 5.305 AMENDEÐ FINAL PLAT REVIEW. C. Review Criteria An apptication for an Amended Final Plat shall meet the following criteria: 1. Ðoes not incrcase the number of lots; and 2. Does not result in a maior relocation of a raad or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. Public notice for the Director's Decision is required in accordance with Sections 4-103,4- 101 and Table 5-103 and has been completed by the Applicants. EXCERPT FROM LAND USE AND DEVEOPMENT CODE Applicant's Property 2 III. STAFF ANALYS¡S 1. 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 proposed plat amendment will correct technical issues/errors with the improvement location work done in association with the originalconstruction on the lot. 2. No changes to the infrastructure or easements serving the property or adjacent lots within the subdivision will result. All easements will be required to be shown on the plat and referenced by recording information. 3. The proposed amendment is consistent with existing improvements and fence lines on the property. No non-conforming conditions will result from the amendment. PUBLIC & REFERRAL COMMENTS 4. Public Notice as required by the County Land Use and Development Code was completed. No public comments were received. 5. Referral comments were received from the County Surveyor. He indicated "...no comments or corrections to be made prior to approval for survey content and form". PLAT DETAILS 6. The Applicant will be required to provide updated title work for both lots prior to the plat being finalized and recorded. Any additional easements identified by the updated title commitment will need to be added to the plat. 7 . Final review of the plat by the County Attorney's office will be required including the title for the amended plat, plat notes and certificates, easement documentation, title certificate and confirmation whether a lienholders certificate is required. 8. Final edits to the proposed plat shall be completed, reviewed and accepted by the County including but not limited to. The title will need to be updated with reference to the Amended Final Plat of Parcels C and D of the Schultz Subdivision Exemption. A purpose statement shall be added to the plat notes, indicating that the plat amendment is for the purpose of a lot line adjustment. A plat note shall be added referencing that the Subdivision Exemption was J a a o a. b. U. approved by Resolution No. 78-96 and requiring compliance with all provisions of said resolution Property description labels shall be revised to read Parcel C and Parcel D. Revisions to the Ownership and Dedication Certificate shall provide signature lines and notaries for all four owners. , The surveyor's notes shall be updated to include refence to the updated title commitments. A Lienholders Certificate shall be required if deemed necessary by the County Attorney's Office. The revised lot line shall be labelled on the plat as the amended lot line. Red line work on the plat shall be revised to standard black. lmprovement details with the exception of fence lines shall be removed from the plat. Any additional easements identified by the updated title commitment shall be added to the plat. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the Applicant has completed all public notice requirements and that subject to compliance with conditions of approval the Amended Final Plat of Parcels C and D of the Schultz Subdivision Exemption meets the requirements and standards of the Garlield 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. Prior to the submittal of the plat for signatures by the Board of County Commissioners, theApplicantwill be required to provide updatedtitleworkforboth parcels Any additional easements identified by the updated title commitments will need to be added to the plat. 3. The Plat including title, signature blocks, plat notes, certificates, easement language, and recording dates shall be subject to final review and approval by the County prior to submittal of the plat for signature by the Board of County Commissioners. 4. The following edits shall be made to the plat prior to submittal of the Plat for signature by the Board of County Commissioners. a. The title will need to be updated with reference to the Amended Final Plat of Parcels C and D of the Schultz Subdivision Exemption. d. ô f. g. h. i. i k. 4 b. A purpose statement shall be added to the plat notes, indicating that the plat amendment is for the purpose of a lot line adjustment. c. A plat note shall be added referencing that the Subdivision Exemption was approved by Resolution No. 78-96 and requiring compliance with all provisions of said resolution. d. Property description labels shall be revised to read Parcel C and Parcel D. e. Revisions to the Ownership and Dedication Certificate shall provide signature lines and notaries for all four owners. f . A Lienholders Certificate shall be required if deemed necessary by the County Attorney's Office. g. The revised lot line shall be labelled on the plat as the amended lot line. h. Red line work on the plat shall be revised to standard black. i. lmprovement details with the exception of fence lines and well location shall be removed from the plat.j Any additional easements identified by the updated title commitment shall be added to the plat. k. The surveyor's notes shall be updated to include refence to the updated title commitments. 5 PROPOSED AMENDED PLAT r*rhr!É¡,!'.* I I I Ploposed Plat Alìrmded Fil¡al Plat of the Sclr¡ltz Sr¡Mivision Exetuptiou Püels ûf Lùd Sin¡ûtô¡l s G4'tlte¡t l¡!É I it 2 NÉU4N-Wli4 ¡Dd N1t'lr4l¡El r4 ðf s.{im I Tilship 6 Xfllù, Re¡8€ 91 B'ed of liê 6tlftift¡PLMsidie Cou]'of Oufeld Sl¡te ol tolqado s;-ry !c& r lf "*l 1i I ¿ìl . t,- ".1. ¡ã 't ¡. I I I t, ¡+-,.4 .-tdffi 6 +:ù.'tx' gËti@ 5 Tcus[þ 6 Soth noge 9l wriì -^x -Adfìrg lftm -Ì L] iåñ.1 Ps I -l_ - -¡ Fse j f¡Þi Bfldüy Iiæ UtÍliryEe!ëlrur Rs No. ?óûll5 .Y '--x- x Ëou&4, l0'ttdiFEß@! \ftrl,KNo 7óm:{ \\\ I * ---J -'r RitE L'å I t sffi 5 Ð ä I t:{14 Dffi Þol¡ fiÞ.1 Sd i! PlüE No. 5 ñrbü (t CE¡ L.a-}{e 3819¡ l0OqriÞ55€ìru Flúh tiù Crd!.! @ Sêå i! ¡láße No,5 X*a¡* C¡p a.g. Nù i8:9{ JO \ÌiB! Css ¡llû¡l *irà Grqld :ót6 AnE¡f' RBd lt5 Pû.d ¡¡o :!81ç6;'00llJ EXCERPT FROM PROPOSED AMENDED PLAT 7 EXHIBIT tt -co.oı L Gurfield County SURVEYOR SCOTT AIBNER,P.L.S To:Travis Kaiser - Drake Consulting,Inc. From: Scott Aibner - Garfield County Surveyor Subjecfi Plat Review - Amended Final Plat of the Shultz Subdivision Exemption Date:rua7l20r9 Travis, Upon review of the Amended Final Plat of the Shultz Subdivision Exemption, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development 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, Scott Aibner Garfi eld County Surveyor cc Glenn Hartmann - Community Development Department lAg 8 th Street ,Suite 1008. Glentroodsprings, C\Bl601 , (970)915-1377 , Ftx. (970384-3460' e-mail:saibner@gørfield-coutltyconx