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Home My WebLink About2.00 Staff Report D.D. 04.24.2025File No. FPA A 0 1-25-9051 Director’s Determination Staff Planner - HM Jewell Amendment 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: Garfield County Sheriff, Levy Burris 7 Referral Comments: Garfield County Road and Bridge, Dale Stephens 8 Referral Comments: Consulting Engineer, Chris Hale 9 Referral Comments: Garfield County Assessor, Casey Lawrence LAND USE AND DEVELOPMENT CODE EFFECTIVE JULY 15, 2013 Last Amended September 9, 2024 COMPREHENSIVE PLAN 2030 2020 UPDATE Adopted: November 10, 2010 Last Amended: February 26, 2020 GARFIELD COUNTY File No. FPAA 01-25-9051 Director’s Determination – April 24, 2025 Staff Planner – Heather MacDonald PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Amended Final Plat Ranch of Antlers Orchard Tracts 3 and 4 APPLICANTS (OWNERS) John and Georg Ann Jewell REPRESENTATIVE Steven Smith SURVEYOR Steven Smith, Boundaries Unlimited LEGAL DESCRIPTION A part of Reception No. 913184 including Antlers Orchard Tracts of 3 and 4 all within the N/2 NW/4 NE/4 Section 33, Township 5, Range 92 and part of S/2 SW/4 SE/4 Section 28, Township 5, Range 92. PRACTICAL DESCRIPTION The property is located at 280 County Road 259A and is approximately 3 miles northwest of Silt and 3 miles northeast of Rifle. The Assessor Parcel No. is 212733100171. LOT SIZES 23.66 acres ZONING Rural I. DESCRIPTION OF SITE AND PROPOSAL The application involves Section 33, Township 5, Range 92 of Antlers Orchard Tracts 3 and 4. The applicants purchased parcel 212733100171 in 2007 as Reception No. 731913. The parcel includes Track 3, 4, 13, 14, 19, and 20. Several easements and boundary line adjustment have been created since the applicants have owned the property. In 2007, a BLA was created to convey .93 acres of a strip of land along the southern boundary of Jewell’s property to Gene Mulvilhill as Trustee for Andrew Mulvihill. In exchange, the Jewells received a small strip of land along the northern boundary. In 2021, the Jewells sold 6.96 acres adjacent to Track 3 & 4 to John Carroll in a BLA. The original Tracts 3 and 4 in Antlers Orchard only included land south of the Farmers Irrigation Ditch. The proposed amended final plat is to adjust the interior property lot lines of the Antlers Orchard Tracts 3 and 4 and to incorporate the land north of the Farmers Irrigation Ditch so that each tract is at least 10 acres. 2 Figure 1 Location of Parcel Figure 2 Crop of Antler’s Orchard 1908 Map with approximate proposed tracks 3 II. COMPREHENSIVE PLAN The property is in an area designated Residential Medium High on the Future Land Use Map (FLUM). III. 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 3 Detail Section of Proposed Plat for Tracks 3 and 4 4 Figure 4 Proposed Jewell Plat for Tracks 3 and 4 of Antlers Orchard 5 IV. REFERRAL AND PUBLIC COMMENTS Referral comments 1. Garfield County Sheriff, Levy Burris: Has no issues or concerns. 2. Garfield County Road and Bridge, Dale Stephens: Has no issues. 3. Consulting Engineering, Chris Hale: Has no comments. 4. Garfield County Assessor Office, Casey Lawrence: Noted that plat title should reflect the Antlers Orchard Tracts numbers. Listed several edits that should be corrected before the plat is finalized. Public comments No public comments received. V. STAFF ANALYSIS Code Analysis Section 5-305 Amended Final Plat Review 5-305 (c) 1. The application does not increase the number of lots. All Antler Orchard tracts numbers will stay the same, but acreage is slightly changing from original tract numbers. 5-305 (c) 2. The application doesn’t result in major road relocations. Road are platted outside of the Farmers Irrigation Ditch easement and accessed south of Tract 3 on Jewell property. 5-305 (c) 3. The application will correct any technical issues. BLAs in 2007 and 2021 exchanged and subtracted land within the property. It will realign property lines to include the portion of land north of the Farmers Irrigation Ditch. Plat Details and Additional Analysis Final edits to the proposed plat shall be completed, reviewed, and accepted by the County. Some issues that need to be addressed are correcting the tile of the Plat. Plat edits include adjusting size of vicinity map, moving detail section of the plat to a 2nd page to be more legible, rewording plat purpose and Certificate of Dedication plat note. Other edits also included consistency of font, correct mineral owners’ names, correct easement for ditch and line weights on plat. The original plat didn’t account for the ditch so a 50-foot exclusive easement must be labeled since Farmers Irrigation Ditch Co supplied a 1945 attorney letter explaining the easement. VI. RECOMMENDED FINDINGS AND CONDITIONS Recommended Findings of Approval 1. That proper public notice was provided as required for the Director' s Decision. 6 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 Antlers Orchard Tracts 3 and 4 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 Recommended Conditions of Approval Staff recommends approval with 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 Antlers Orchard Tracts3 and 4 shall be subject to all applicable federal, state, and local laws. 3. 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 required, and any language provided may be modified as warranted at time of final review. a. Correct the title of the plat b. Correct purpose of the plat. c. Revise the Certificate of Dedication section labeled on the redlined plat. d. Enlarge and move plat detail to 2nd page. e. Enlarge vicinity map and move to the center of the 1 page of plat. Only highlight the proposed tracts and remove excess information on map. f. Add distance between the 2 survey points on the northern property line identified by County Assessor GIS Lead Analyst. g. Bold the property line between the 2 tracts. h. Update missing reception number in plat. i. Update reception number in tract 13 redlined on the plat. j. Correct mineral rights owners. k. Correct Farmers Irrigation Ditch exclusive easement to 50 feet on each side of the high waterline. l. Other plat details include fonts size and spacing consistency with other plat notes. From:Levy Burris To:Heather MacDonald Cc:Chris Bornholdt Subject:RE: Antlers Orchard Tracks 3 and 4 AFP FPAA-01-25-9051 Date:Thursday, March 13, 2025 11:42:02 AM Heather, the Garfield County Sheriff’s Office has no issues or concerns regarding this application Antlers Orchard Tracks 3 and 4 AFP FPAA-01-25-9051 as amended. If you need anything further, please contact me at 970-989-3042 Levy Burris Sergeant Emergency Operations From: Heather MacDonald <hmacdonald@garfieldcountyco.gov> Sent: Thursday, March 13, 2025 11:17 AM To: Kelly Cave <kcave@garfieldcountyco.gov>; Casey Lawrence <CLawrence@garfieldcountyco.gov>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Harry Shiles <HShiles@garfieldcountyco.gov>; Dale Stephens <DStephens@garfieldcountyco.gov>; Dustin Decrow <ddecrow@garfieldcountyco.gov>; Tyler Terry <tterry@garfieldcountyco.gov>; Levy Burris <lburris@garcosheriff.com>; Scott Aibner <saibner@garfieldcountyco.gov>; saibner@comcast.net; Jason Neil <jason@peaksurveyinginc.com>; zhiggins@rifleco.org; nicole@townofsilt.org; Chris@mountaincross-eng.com; Orrin Moon <orrin.moon@crfr.us>; admin@sitlwatercd.org Subject: Antlers Orchard Tracks 3 and 4 AFP FPAA-01-25-9051 Referral Agencies: Attached is a referral request for a comprehensive plan amendment located at 280 County Road 259A, Rifle. Applicant requests an Amended Final Plat for Tracks 3 and 4 in Antlers Orchard to reconfigure tracks and by adding land north of the Farmers Irrigation Ditch for each track to be more than 10 acres each. The request includes a link to review the complete application, and the link is also included below: https://records.garfieldcountyco.gov/WebLink/browse.aspx? id=4067092&dbid=0&repo=GarfieldCounty&cr=1 We request that your comments be submitted by April 3rd, or sooner, if possible, to facilitate the review/hearing schedules. Comments can be submitted directly to my email at hmacdonald@garfieldcountyco.gov Please let us know if you have any questions or if you have any difficulty in accessing the file. Thanks in advance for your assistance as your comments are an important component of our review process. Heather MacDonald Planner IGarfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 o: 970.945.1377 x1605 hmacdonald@garfieldcountyco.gov www.garfieldcountyco.gov Staff email addresses are shifting to end in @garfieldcountyco.gov. However, personal names/prefixes on email addresses will remain the same. Please update our contact information domain. From:Dale Stephens To:Heather MacDonald; Kelly Cave; Casey Lawrence; Chris Bornholdt; Harry Shiles; Dustin Decrow; Tyler Terry; Levy Burris; Scott Aibner; saibner@comcast.net; Jason Neil; zhiggins@rifleco.org; nicole@townofsilt.org; Chris@mountaincross-eng.com; Orrin Moon; admin@sitlwatercd.org Subject:RE: Antlers Orchard Tracks 3 and 4 AFP FPAA-01-25-9051 Date:Thursday, March 13, 2025 12:39:38 PM Good afternoon, Road and Bridge has no issues with this Amended plat. Thanks, Dale From: Heather MacDonald <hmacdonald@garfieldcountyco.gov> Sent: Thursday, March 13, 2025 11:17 AM To: Kelly Cave <kcave@garfieldcountyco.gov>; Casey Lawrence <CLawrence@garfieldcountyco.gov>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Harry Shiles <HShiles@garfieldcountyco.gov>; Dale Stephens <DStephens@garfieldcountyco.gov>; Dustin Decrow <ddecrow@garfieldcountyco.gov>; Tyler Terry <tterry@garfieldcountyco.gov>; Levy Burris <lburris@garcosheriff.com>; Scott Aibner <saibner@garfieldcountyco.gov>; saibner@comcast.net; Jason Neil <jason@peaksurveyinginc.com>; zhiggins@rifleco.org; nicole@townofsilt.org; Chris@mountaincross-eng.com; Orrin Moon <orrin.moon@crfr.us>; admin@sitlwatercd.org Subject: Antlers Orchard Tracks 3 and 4 AFP FPAA-01-25-9051 Referral Agencies: Attached is a referral request for a comprehensive plan amendment located at 280 County Road 259A, Rifle. Applicant requests an Amended Final Plat for Tracks 3 and 4 in Antlers Orchard to reconfigure tracks and by adding land north of the Farmers Irrigation Ditch for each track to be more than 10 acres each. The request includes a link to review the complete application, and the link is also included below: https://records.garfieldcountyco.gov/WebLink/browse.aspx? id=4067092&dbid=0&repo=GarfieldCounty&cr=1 We request that your comments be submitted by April 3rd, or sooner, if possible, to facilitate the review/hearing schedules. Comments can be submitted directly to my email at hmacdonald@garfieldcountyco.gov Please let us know if you have any questions or if you have any difficulty in accessing the file. Thanks in advance for your assistance as your comments are an important component of our review process. Heather MacDonald Planner IGarfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 o: 970.945.1377 x1605hmacdonald@garfieldcountyco.gov www.garfieldcountyco.gov From:Casey Lawrence To:Heather MacDonald Cc:Kelly Cave; Glenn Hartmann Subject:FW: Jewell Plat Comments Date:Thursday, March 13, 2025 1:50:23 PM Attachments:Jewell Amended Final Plat Comments.docx image001.png Heya Heather, I found another issue with the plat at the north boundary. Steve provides the bearing/distance for the northwest boundary (N 87-52-2 E 929.38’), however he needs to include the distances for that line reaching the newly established north-south lot line, see screenshot: I am also noting a small 2.15 foot closure gap on the exterior boundary of the plat that Steve will need to review before the mylar gets approved. Sorry for piling on, but given the time and attention this one has gotten and the Jewell’s intent to sell the resultant tracts, I want to make sure it’s buttoned up for the future. Thanks again Heather, I hope you have a great afternoon! Very Best, Casey D. Lawrence GIS Lead Analyst Garfield County Assessor’s Office 970-945-1377 ext. 2525 clawrence@garfieldcountyco.gov From: Casey Lawrence Sent: Thursday, March 13, 2025 12:01 PM To: Heather MacDonald <hmacdonald@garfieldcountyco.gov> Cc: Kelly Cave <kcave@garfieldcountyco.gov>; Glenn Hartmann <GHartmann@garfieldcountyco.gov> Subject: Jewell Plat Comments Good Almost Afternoon Heather, I hope you’re having a great week! I got a chance to type up my comments on the lates draft of the Jewell’s Amended Plat, and I’ve attached them to this email. I’ve got it in Word format so if there’s any comment I missed, please feel free to add to it. If you do make additions, would you mind making them in red and resending me an updated draft of that edited comment doc so I can add it to my file? Sorry it’s taken a bit of time to get this, I have been absolutely buried and had multiple things come up I had to address before I could get this knocked out. Thanks for your teamwork on this I appreciate it and look forward to getting this one ever-closer to the finish line! Casey D. Lawrence GIS Lead Analyst Garfield County Assessor’s Office 970-945-1377 ext. 2525 clawrence@garfieldcountyco.gov From: Heather MacDonald <hmacdonald@garfieldcountyco.gov> Sent: Monday, March 10, 2025 4:37 PM To: Casey Lawrence <CLawrence@garfieldcountyco.gov> Subject: RE: Heisels That sounds good, that Jewell TC letter is likely to go out at the end of the week. Heather MacDonald Planner IGarfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 o: 970.945.1377 x1605hmacdonald@garfieldcountyco.gov www.garfieldcountyco.gov From: Casey Lawrence <CLawrence@garfieldcountyco.gov> Sent: Monday, March 10, 2025 4:25 PM To: Heather MacDonald <hmacdonald@garfieldcountyco.gov> Subject: RE: Heisels Heya Heather, Yep I recall reviewing these deeds and given that they’re from 1971 the creation seems legal to me. I am trying to get to the Jewell plat review notes but have had several projects come up that I ahd to address prior to beginning that project, so as soon as I’m able to wrap that up I’ll get the notes knocked out and emailed over to you. I hope Monday’s off to a good start for ya, almost 5! Casey D. Lawrence GIS Lead Analyst Garfield County Assessor’s Office 970-945-1377 ext. 2525 clawrence@garfieldcountyco.gov Jewell Amended Final Plat, Tracts 3 & 4 & unplatted sub-35 acre parcel Plat Comments • All references to “A.O.D.” need to be replaced with “Antlers Orchard Development Company’s Plat No. 1” • Remove “Amendment No. 1” from plat title • Vicinity Map needs to be larger, remove all labeling from said vicinity map. • Plat needs to be 2 pages so that survey detail of the newly adjusted tracts is legible, maintain all plat notes and certificates as page one of plat. • Newly established common lot line between Tracts 3 & 4 needs to be emboldened so it is the same as the exterior boundary of said tracts. • Legend needs to be added describing significance of varied symbology utilized within said plat/survey. • Plat purpose statement needs to be corrected to indicate that the purpose of the plat is to adjust portions of the sub-35 acre parcel of land created as a result of the conveyance per Special Warranty Deed reception no. 913184, into platted Tracts 3 & 4 of Antlers Orchard Development Company’s Plat No. 1. • Preamble of Certificate of Dedication and ownership and description beneath plat title (once corrected) needs to reference something to the effect of: “The undersigned, being sole owners in fee simple of all that real property situated in Garfield County, described as follows: Tract 3 and Tract 4, Antlers Orchard Development Company’s Plat No. 1 recorded under reception no. 37488, as well as those portions of that 70.37 acre tract of land recorded under reception no. 913184 lying north of Tracts 3, 4, 13 & 14 of said Antlers Orchard Development Company’s Plat No. 1 recorded under reception no. 37488” o This description narrows the scope of the property down to solely the land subject to this plat amendment, as there are lands described within Special Warranty Deed reception no. 913184 that are not subject to this amended plat, and this keeps the scope of work/application more concise.