2017_10_MIKES_SWEETMAN_OE_PC.PDF

Transcription

1 1. OCTOBER PLANNING COMMISSION AGENDA Documents: OCTOBER 2017.PDF 1.I. MIKES/SWEETMAN OUTRIGHT EXEMPTIONS Documents: 2017_10_MIKES_SWEETMAN_OE_PC.PDF

2 DEPARTMENT OF PLANNING AND ZONING 308 Byers Ave P.O. Box 238 Hot Sulphur Springs Colorado Ext 140 or Fax GRAND COUNTY PLANNING COMMISSION DATE: Wednesday, October 11th, 2017 TIME: 6:30 p.m. PLACE: Commissioners Meeting Room, Administration Building, Hot Sulphur Springs, Co 1) Roll Call 2) Approval of Minutes from September ) Regular Business ITEM APPLICATION TITLE, REQUEST, AND NAME LOCATION LEGAL DESCRIPTION 1 MIKES/SWEETMAN OUTRIGHT EXEMPTION US HWY 40 KREMLING, CO METES & BOUNDS APPROX MILES NORTH WEST OF THE TOWN OF KREMMLING

3 Grand County DEPARTMENT OF PLANNING AND ZONING 308 Byers Ave P.O. Box 238 Hot Sulphur Springs Colorado Ext 140 or Fax CERTIFICATE OF RECOMMENDATION TO: FROM: Grand County Planning Commission Department of Planning and Zoning DATE: October 11, 2017 RE: APPLICANT: LOCATION: ZONING: APPLICABLE SECTION OF CODE: STAFF CONTACT: REQUEST: Mikes/Sweetman Outright Exemptions Jodi and Sandy Hill A Tract of land being a part of the PT NE4NE4, PT SW4NE4, PT SE4NE4 SEC 14 & PT NW4NW4 PT, SW4NW4 SEC 13, Section 12, Township 2 North, Range 81 West of the 6 th P.M., County of Grand, State of Colorado Forestry/Open (F/O) Outright Exemption Regulations, Zoning Regulations and Master Plan Brandie Hines The applicant is requesting approval of Mikes/Sweetman Outright Exemptions in order to split acres into two equal parcels and combine them with the adjoining neighbor properties. EXHIBITS: 1. Letter of application 2. Application Narrative 3. Vicinity Map 4. Outright Exemption Plat

4 Planning Commission Mikes/Sweetman Outright Exemption Certificate of Recommendation October 11, 2017 DISCUSSION The Applicant is requesting approval to split a acre metes and bounds parcel, located at US HWY 40, into two equally sized parcels and convey each parcel to the adjoining neighbors. The neighbors have each agreed to purchase an Outright Exemption parcel in order to increase the size of their existing properties to prevent a new owner from building between them. The Outright Exemption parcels will be forever combined, never to be sold mortgaged or transferred separately from each of the neighboring properties. The following Notes shall be added to the plat: Outright Exemption Parcel A shall be forever combined with the metes and bounds property conveyed at reception number , never to be sold, mortgaged, or transferred separately. Outright Exemption Parcel B shall be forever combined with the metes and bounds property conveyed at reception number , never to be sold, mortgaged, or transferred separately. Because the legal descriptions for the neighboring Mikes and Sweetman parcels will change if the Outright Exemptions are approved, Quit Claim Deeds from Gary and Ramona Mikes to Gary and Ramona Mikes and from James K Sweetman to James K Sweetman shall be required prior to recording the final plat. COMPLIANCE WITH GRAND COUNTY ZONING REGULATIONS This property is zoned Forestry/Open as defined by the Grand County Zoning Regulations and is located outside an urban growth boundary. The minimum lot size in the F/O Zone District on subdivided land located outside of the growth boundary is 5 acres. Currently the Sweetman s property is 35.2 acres and is conforming. With the addition of the Outright Exemption parcel the lot will be acres. Currently the Mikes property is 36.9 acres and is conforming. With the addition of the Outright Exemption parcel the lot will be acres. COMPLIANCE WITH THE GRAND COUNTY MASTER PLAN This property is located outside an Urban Growth Areas designated within the Master Plan and no increase in density will result from this process. As this request is simply a division of a parcel with no dwelling, Staff considers this request to be in compliance with the intent and purpose of the Master Plan Page 2 of 6

5 Planning Commission Mikes/Sweetman Outright Exemption Certificate of Recommendation October 11, 2017 COMPLIANCE WITH THE OUTRIGHT EXEMPTION REGULATIONS 1.4 JURISDICTION (3) Division of a parcel of land when the Board of County Commissioners determines that such division may be permitted without complying with either Grand County Subdivision Regulations or Grand County Minor Subdivision Regulations or Grand County Planned Unit Development Regulations under the following circumstances. (a) (b) (c) (d) Which involves adjustment of a tract boundary to resolve a boundary dispute, when substantial evidence indicating the existence of a bona fide dispute is presented. Which involves adjustment of a tract boundary to eliminate an existing encroachment of a substantial structure upon property of another. Which involves acquisition of access from one parcel of property through another. Which involves other unusual circumstances which are deemed by the Board of County Commissioners to justify such a grant. It is Staff s opinion that this outright exemption request is justified under (d) of this section. The request is to split a parcel, acres, to be forever combined with the adjacent parcels creating no additional lots. 3.2 FINAL PLAT A final plat presented on a 24" by 36" sheet, drawn to scale, detailing this outright exemption parcel has been provided. (2) The final plat shall contain or be accompanied by the following information: (a) (b) (c) (d) A correct title, bar scale, north arrow and date of preparation is shown Title of the Plat shall read as follows: Mikes/Sweetman Outright Exemptions Conveyance shall be shown as part of the legal description. Conveyance shall read as follows: A tract of land being a portion of the NE1/4 of Section 14 and the NW1/4 of Section 13, Township 1 North, Range 82 West of the 6 th P.M., County of Grand, State of Colorado as Conveyed at Reception No Primary control points, or descriptions, and ties to such control points, to which dimensions, angles, bearings, and similar data are indicated on the final plat. Tract boundary lines, right-of-way lines of streets, railroad easements and other rights-ofway, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves with long chord bearings and distances are shown on the plat. Page 3 of 6

6 Planning Commission Mikes/Sweetman Outright Exemption Certificate of Recommendation October 11, 2017 (e) (f) (g) (h) (i) Names and right-of-way width of each street or other right-of-way have been shown. U.S. Hwy 40 has been shown. The required rear (20 ) and side (10 ) easements per the Outright Exemption Regulations are not applicable because the parcel will be immediately combined with a parcel that has existing improvements. The Outright Exemption parcels are acres which is above the required acreage. The acreage for all parcels is indicated on the plat. Location and description of monuments are shown on the plat. The Applicant has provided Title Commitment Number C with an effective date of September 19, Title is currently vested in Jodi and Sandy Hill. The current title work shows a deed of trust on the property in the name of Tom Hill Gore Pass Ranch Trust. The plat shall include a proper Lien Holder s Certificate for said execution prior to recording. A proper release from the Deed of Trust must be recorded prior to any conveyance of the Outright Exemption parcels. In addition, the title commitment references a judgement lien in favor of A-1 Collection Agency, LLC. Said lien shall be fully released prior to any conveyance of the Outright Exemption parcels. Although staff doesn t want the applicant or neighbors to incur unnecessary expenses, updated title commitments shall be provided for the neighboring properties. The issue is that if either of the adjacent neighboring properties have a Deed of Trust, a Modified or Amended Deed of Trust shall be provided in order to incorporated the applicable and forever combined Outright Exemption parcel and recorded subsequent to the recording any Final Plat and conveyance of the Outright Exemption parcel(s). There really isn t an additional cost, as this would eventually be provided with the upcoming closing transactions. (j) (k) (l) The dedication statement is shown on the plat. A correct surveyor s certificate is shown on the plat. The Commissioner s certificate is shown on the plat. Page 4 of 6

7 Planning Commission Mikes/Sweetman Outright Exemption Certificate of Recommendation October 11, 2017 (m) (n) (o) (p) (q) (r) (s) A two and one-half by three inch (2 ½" x 3") vertical box in the lower right hand corner has been provided for use by the County Clerk and Recorder. A vicinity map is shown. The Exemption parcels will be forever combined, never to be sold, mortgaged or transferred separately from the adjacent neighbor parcels that contain single family homes with existing legal access. The Exemption parcels will be forever combined with adjacent parcels that already has existing well and septic. Tax statements showing taxes paid in full have been provided. An electronic disc in AutoCAD.dwg or AutoCAD.dxf which contains the physical features of the outright exemption parcel shall be provided prior to recording. Such additional information as may be required by the Grand County Board of County Commissioners. STAFF RECOMMENDATION Staff recommends approval of the Mikes/Sweetman Outright Exemptions with the following conditions to be met prior to the Board of County Commissioners meeting. 1. Title shall be corrected to read: Mikes/Sweetman Outright Exemptions 2. Record of Conveyance shall be shown as part of the legal description. A tract of land being a portion of the NE1/4 of Section 14 and the NW1/4 of Section 13, Township 1 North, Range 82 West of the 6 th P.M., County of Grand, State of Colorado as Conveyed at Reception No A lien holder s certificate shall be added to the plat requiring the signature of Tom Hill Gore Pass Ranch Trust. 4. A plat note shall be added to the plat that references the title commitment date and number. 5. A plat note shall be added to the plat: Outright Exemption Parcel A shall be forever combined with the metes and bounds property conveyed at reception number , never to be sold, mortgaged, or transferred separately. 6. A plat note shall be added to the plat: Outright Exemption Parcel B shall be forever combined with the metes and bounds property conveyed at reception number , never to be sold, mortgaged, or transferred separately. Page 5 of 6

8 Planning Commission Mikes/Sweetman Outright Exemption Certificate of Recommendation October 11, Title commitments for both Mikes and Sweetman s properties shall be provided. The following conditions shall be met and or provided with or prior to recording of the final plat: 8. If the current title work shows a liens on the adjacent properties, Any applicable Modified or Amended Deed of Trust for either the Mikes or Sweetman s properties shall be provided and recorded subsequent to recording any Final Plat and conveyance of the Outright Exemption parcel. 9. That the judgement lien in favor A-1 Collection Agency, LLC be properly released prior to any conveyance of the Outright Exemption Parcels. 10. Draft Quit Claim Deeds from Gary and Ramona Mikes to Gary and Ramona Mikes as well as from James K Sweetman to James K Sweetman shall be required, incorporating each applicable Outright Exemption parcel with the existing property legal descriptions. 11. A correct, final plat Mylar is submitted prior to recording of the plat. 12. All recording fees shall be paid prior to recording of the plat. 13. An electronic disc in AutoCAD.dwg or AutoCAD.dxf which contains the physical features of the outright exemption parcel shall be provided. All legal documents are subject to the review and approval of the County Attorney. Page 6 of 6

9 September 28, 2017 Attn: Brandie Hines Grand County Development Application This letter is to explain our intent on splitting our property. We have a neighbor on each side and they want to split our property (53.78 acres) to add to their existing property. They want to do this to increase their property size and also so that no one builds between them. It will also give them additional hay and grazing land. Jodi and Sandy Hill

10 Grand County G.I.S. To: Steamboat Springs I 0 1,200 2,400 Feet WXYZÀ SITE Wolford Mountain Reservoir Mikes / Sweetman Outright Exemption SITE Parcels Highways GRAND COUNTY GOVERNMENT Courthouse, 308 Byers Ave., P.O. Box #264 Hot Sulphur Springs, CO Phone (970) Fax (970) I Mapped, edited, and published by the Grand County Geographic Information System (GCGIS) Dept. Parts compiled from U.S. West Landbase Data digitized from the Grand County Assessor Parcel Base Maps(1997). DISCLAIMER: This map is for illustrative purposes only, and is not suitable for parcel specific decision making. UNDER NO CIRCUMSTANCES SHALL GCGIS DATA BE USED FOR FINAL DESIGN PURPOSES. More site-specific studies may be required to make decisions and draw accurate conclusions. This product has been developed for County use only. The GIS database and data in the products are subject to constant change. Its accuracy and completeness cannot be guaranteed. GCGIS makes no warranties or guarantees, either expressed or implied, as to the accuracy, completeness, or correctness of such products nor accepts any liability arising from any incorrect, incomplete or misleading information contained therein. (c)copyright 1998 by the County of Grand, Colorado,U.S.A. The information contained herein is for personal use Only. Any redistribution of this information is Strictly prohibited without permission by the County of Grand, Colorado. To: Kremmling

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