HomeMy WebLinkAbout1.0 Applicationo
GARFIELD COUNry
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945. 8212 Facsimile. 970.384.347 0
www. q a rfield -cou ntv. com
Zone District / Gomprehensive Plan Map Amendment
) Doc. No.:
F Planner:
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date:
GENERAL INFORMATION
(To be completed by the applicant.)
Y,';I'o''16(\p. Vs',* D,
Address: 10", Sht,€JP O ?J, Tetephone:@
City: -(nor, r rnas s State: Cct Zip Code7t GS* F9rX:@_*at>q
) Street Address / General Location of Property:tp., -J&^ J S t+
Existing Use & Size of Property (in acres):
Property's Current Zone District Designation
lL)
} Proposed Zone District Designation,C er-rr:r,=-,- ,)) | Gon-^-l
Property's'Cu rrent Comprehensive Plan Desig nation :
Property's "Study Area" Designation Oo , 2
8(xrner,f LLC.
37a- CJ6 /
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) Name of Owner's Representative. if any (Planner, Attorney, etc):
) Addres" Telephone,M
> City: €o ,tl, State: Co Zip Code:8)L3/-rnxq1*22L2!
O
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land
in the county. The standard used to review a rezoning request depends on whether the
proposed rezoning is in compliance with the Comprehensive Plan. lf so, the proposed rezoning
need only bear a reasonable relationship to the general welfare of the community. lf the
rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to
show either 1 ) that an error was made in establishing the current zoning, or 2) that there has
been a change in the conditions of the neighborhood that supports the requested zone change.
Depending on the subject property's Comprehensive Plan designation as mentioned above,
you will need to appropriately address one of the following standards in a narrative form being
as descriptive and specific as possible:
A. The proposed rezoning for the subject property is in compliance with the
Comprehensive Plan. As such, the proposed rezoning bears a reasonable
relationship to the general welfare of the community.
B. lf the rezoning would be in conflict with the Comprehensive Plan, the Applicant
generally needs to show either 1) that an error was made in establishing the current
zoning, or 2) that there has been a change in the conditions of the neighborhood that
suppofts the requested zone change.
2. lf the proposed zoning of the subject property conflicts with the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, an Applicant may wish to
amend the Comprehensive Plan designation so that the proposed rezoning does not conflict
with the Comprehensive Plan Map. lf an Applicant requests to amend this Map, they will needto provide a thorouqh narrative that shows how their proposed Comprehensive Plan
desiqnation is better suited than the existinq desionation bv addressino the ooals, obiectives.
policies. and proqrams listed for that desiqnation in the Comprehensive Plan. This information
can be obtained from the Building and Planning Department upon request.
3. Submit a zoning map showing the current zoning of the subject property and adjacent
properties.
Submit a vicinity map showing relative location of the propefty at a scale of 1" = 2000', and
extending at least Yz mile from all property boundaries.
Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
subject propefty and public and private landowners adjacent to the property (which should be
delineated).
Submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site.
This information can be obtained from the Assessor's Office. We will also need the names (if
applicable) of all mineral right owners of the subject property. (That information can be found
in your title policy under Exceptions to Title).
Submit a copy of the deed and a legal description of the subject property.
lf you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
4.
5.
7.
I
8.
6.
9. Submit payment of the $450.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
10. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(A Zone District Map Amendment is considered a two step process because it is first reviewed by
the Planning Commission which makes a recommendation to the Board of County Commissions.
The following steps outline how the Zone District Map Amendment application review process
works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to
the Garfield County Planning Department. lt will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. ln addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your requested Zone District
Amendment. (lf Staff determines your application to be deficient, a letter will be sent to you
indicating that additional information is needed to deem your application complete.)
3. Please note, j[ an application includes a request to amend the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, the request may be
considered at the same meeting before the Planning Commission. However, the request to
amend the Comprehensive Plan shall be considered prior to the request to amend the zoning
map. ln addition, the Applicant shall be required to provide proper notice (as described below)
for the request to amend the Comprehensive Plan for the Planning Commission to hold a
public hearing on the request. Fufther, the Planning Commission is the final decision maker on
the Comprehensive Plan amendment request whereas the Planning Commission will make a
recommendation on the rezoning request to the Board of County Commissioners.
4. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Planning Commission and / or the Board of County Commissioners. lf
proper notice has not occurred, the public hearinq wi!! not occur. Notice requirements are as
follows:
a. Notice by publication, including the name of the applicant, description of the subject lot,
a description of the proposed amendment and nature of the hearing, and the date, time
and place for the hearing shall be given once in a newspaper of general circulation in
that porlion of the County in which the subject property is located at least thirty (30) but
not more than sixty (60) days prior to the date of such hearing, and proof of
publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within
two hundred feet (200') of the subject lot and to all owners of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than sixty (60) days prior to the
hearing date and is the sole responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. ln addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners (and Planning Commission for an Amendment to the
Comprehensive Plan) that proper notice was provided.
Once the Planning Commission and/ or the Board of County Commissioners make a decision
regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing
the action taken by either Board. Following the Boards' approval, this office will change the
property's zoning designation on the zoning map and the Comprehensive Plan Map (if so
decided) if approved
I have read the statements above and have provided the required attached information which is
correct and
I to the best of my knowledge.
5.
6.
G
L4 'afc;tC
Date(sig
Last Revised: 07 /25/2OO5
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMEI{T FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COLINTY (hereinafter COTINTY) and
(hereinafter APPLICANT) agree as follows:
'( br{'5
1. APPLICANT has submitted to COTINTY an application for C"rcx-AD c)
hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COTINTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter perrnit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COTINTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COLINTY to reimburse the COI-JNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
\-/'Devrtt:fv\FN t I LLr-
Signa
Date:
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Page 4
-t'arcel lJetall Page 1 of3
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Garfield County Assessor/Treasurer
Parcel Detail Information
Assessor/Treasurer Properfy Search l Assessol' Subset Query I Assessor Sales Search
Clerk & Recorder Receptiolr Search
Basrs Buildiag C=harastqislics I Tax Itrfqarta1io!
Parcel Detail I value Detail I Sales Detail I Residential/Commercial Improvement Detail
Land Detail Photogrqrhs
Owner Name and Mailing Address
Legal Description
SECT,TWN,RNG:10{-92 DESC: TR IN
TI{E S1/2S1/2NI/2NE AND LOTS I &2
BK:0550 PG:0557 BK:0937 PG:0556
BK:0937 PG:0555 BK:0914 PG:0937
BK:0914 PG:0933
Location
Property Tax Valuation Information
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ALBERT L. & SNODE. J. BRUCE
PO BOX 7
co 81647-0007
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January 16,20o7
To Wlronr It May Concem:
Brad Ludden and Kevin Michelson and or ttrcir assigns have permission to go through
zoning and developmeNrt procdrues as necessaqr_ to acoomplish their ends in devcloping
the property thcy have under contract at TBD l6h sueen, Silt, CO.
The property is owned by Albcrt Stark and J. Bruce Snode.
If there are fruther qrrstions plcase calt Bnrce Snode d 6lt-1075 or
Albert Stek at 309-0498-
Sincerely, .
Bruce Snode
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Colorado River Storage
Adjacent Property Owners
PARCEL #NAME & ADDRESS
217910100001
217911200002
2179n 200003
217910200008
217910100015
217910100017
217910100018
Bobby McPherson
P. O. Box 66
silt, co 81652
D. F. Holdings
6060 N. Central Expressway
Suite 305
Dallas, TX75206
R. McFadand Dixon
6060 N. Central Expressway
Suite 305
Dallas, TX75206
C. R. Commercial Properties, [nc.
P. O. Box 930
Palisade, CO 81526
Town of Silt
P. O. Box 70
silt, co 81652
I-affy & Glenda Antonelli
1081 County Road 218
silt, co 81652
Albert Stark & Bruce Snode
P. O. Box 7
New Castle, CO 81647
Town of Silt
P. O. Box 70
silt, co 81652
2179t0t00021
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2t7910t00022
217910100026
217910t00027
217910100039
Nancy Newton
& Richard Cromwell
P. O. Box 629
silt, co 81652
Biscuit Investment Co.
$2A Canyonside Trail
Austin, TX7873l
Inter Mountain Storage
P. O. Box 629
silt, co 81652
Red Horse Oil Co. Inc.
P. O. Box 128
Rock Springs, WY 82901
K70 I AdjacentPropertyOvmcrs0 12307
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Land Tifle Guarantee Company
CUSTOMER DISTRIBUTION
Date: 01-11-2007
Property Address:
VACANT LAND SILT, CO 81652
Our Order Nrmber: GW63000022
If you have any inquirtes or rqaire further assistance, please contacl one of the numben fulow:
For 9lming Assistance:
Jesstca Reed
1317 GRAND AVE #2OO
GLENWOOD SPRINGS, CO 8160I
Phone: 970-945-20f0
Fax 800-3f&820G
EMail: jreed@ltgc.com
Clgser's Assistant:
Mary Whitrrorth
Phone: 970-945-2610
Far t00-31&8206
EMall: . mwhitworth@ltgc.com
For Title Assistancg.
Glcnnood Sprinp "GW' Unit
1317 GRAND AVE #2OO
GLENWOOD SPRINGS, CO 81
Phone: 970-945-2610
Fax: 970-945-4784
BRAY & COMPANY REALTORS *IMX*
1429 GRAND AVENUE *103
GLEAIWOOD SPRINGS, CO 8160I
AtUI: MYTT ANDERSON
Phone: 970-945-8626
Fax: 970-945-{026
Copies: I
EMail: mytt@sopris.net
Linked Commitment Delivery
J. BRUCE SNODE
9T8 COI.JNTY ROAD 352
RIFLE, CO 81650
Copies: I
Sent Via US Postal Service
VAIL PREMIER PROPERTIES
I13 EASTMEADOW DRIVE, SUTTE 391E
VAIL, CO 81657
Attn: BRAD LUDDEN
Phone: 970-476-4269
Fax: 570-476-3737
Copies: 3
Sent Via US Postal Service
ROBERT LUDDEN & KEVIN MICHEISON
Copies: 0
EMail: brad. ludden@ gnail.com
Sent Via Reahor
LAND TITLE GUARANTEE COMPANY
I3I7 GRAND AVENUE #2OO
GLENWOOD SPRINGS, CO 8160I
Attn: Jessica Reed
Phone: 970-945-2610
Fax: 970-945-4784
Copies: I
EMail: jreed@ltgc.com
AL STARK
P. O. BOX 7
NEW CASTLE. CO 81647
Copies: I
Sent Via US Postal Service
05.11.07
m
^-m Land Title Guarantee Company
Date: 0l-ll-2007
Our Order Number: GW63000022
Property Address:
VACANT LAND SILT, CO 81652
BuyerlBorrower:
BRADFORD R. LUDDEN AND KEVIN MICHELSON
Seller/0v,,ner:
ALBERT L. STARK AND J. BRUCE SNODE
Wire Information:
Bank: ALPINE BANK
GLENWOOD SPRINGS, CO gfiOT
Phone:
Crdit:
ABA No.: 102103407
Acount: I UN18 384
Attention: Jcsica Red
Nee4 a map or directions for your upcoming clming? Check out Land Title's web site at www.ftgc.com
for directiolns to any of our S{ officilocatioirs.
ESTIMATE OF TITLE FEES
ALTA Ovrners Policy 10-17-92
Deletion of Standard Exception(s) (Owner)
Tax Certificate
$2, O83 . OO
$50.00
$2s.00
U Led fitle Guariltee Cq>ay will be cJosiagi this tlesactio[, above fees ri.l.I be coTTectd at tbat ti8e.
TOTAL $2,758.00
106 mcT 0610{THANK YOU FOR YOUR ORDER!
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Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW63fi[022
Schedule A Cust. Ref.:
Property Addrtss:
VACANT IAND SILT, CO 81652
l. Effective Date: November 22,20[lG at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA' Ov,rner's Policy 10-17-92 $975,000.00
Proposed Insured:
BRADFORD R. LUDDEN AND KEVIN MICTIELSON
3. The estate or interest in the land described or referrrd to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or intertst covered herein is at the effective date hereofvested in:
ALBERT L. STARK AND J. BRUCE SNODE
5. The land referred to in this Commitrrent is described as follows:
A TRACT OF LAND SITUATED TN TIM SI/2S1/2N1/2NEU4 AND LOTS 1 AND 2, SECTION IO,
TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY
OF THE D&RGW RAILROAD RIGHT OF WAY LINE, NORTHERLY OF U.S. HIGHWAY INTERSTATE
70 RIGHT OF WAY LINE AND WESTERLY OF GARIIELD COUNTY ROAD NO. 311.
COUNTY OF GARFIELD
STATE OF COLORADO
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ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. GW63000022
The following are the requirements to be complied with:
Payrrent to or for the account of the grantors or mortgagors of the firll consideration for the estate or interest to be
insured.
Proper insfument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit:
I. RELEASE OF DEED OF TRUST DATED APRIL 17, 1995, FROM ALBERT L. STARK AND J.
BRUCE SNODE TO THE PUBLIC TRUSTEE OF GARFIELD COI.]NTY FOR THE USE OF RUTH
V. KETTHLEY TO SECIJRE THE SIJM OF $67,000.00 RECORDED APRIL 17, 1995, IN
BOOK 937 AT PAGE 558, I.JNDER RECEPTION NO. 476783.
2. WARRANTY DEED FROM ALBERT L. STARK AND J. BRUCE SNODE TO BRADFORD R. LUDDEN
AND KEVIN MICHELSON CONVEYING SUBJECT PROPERTY.
NOTE: ITEMS r-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEITI OF
AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO
SCHEDULE B-2 HEREOF.
UPON THE APPROVAL OF THE COMPAT{Y AND TIIE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS
FOLLOWS:
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
LIENS RESULTING FROM WORK OR MATERTAL FURNISTIED ATTHE REQUEST OF ALBERT
L. STARK ANDJ. BRUCE SNODE.
OLD REPUBLIC NATIONAL TTTLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FT]RNISIIED AT THE REQUEST OF
BRADFORD R. LUDDEN AND KEVIN MICHELSON.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE
GUARANTEE COMPANY CONDUCTS T}IE CLOSING OF THE CONTEMPLATED TRANSACTION(S)
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2006 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL
BE DELETED AND ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2OO7 AND SUBSEQUENT YEARS.
ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND
SEWER CHARGES ARE PAID UP TO DATE.
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ALTA COMMITMENT
Schedule B-2
@xceptiom) Our Order No. GW63000022
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Righb or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, enc'rmbrances, adverse claims or olher matters, if arry, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitrnent.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if ary.
9. RIG}IT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY T}IE AUTHORITY OF THE
I.]MTED STATES AS RESERVED IN T.IMTED STATES PATENT RECORDED NOVEMBER 23,
I89I, IN BOOK 12 AT PAGE 80 AND RECORDED APRIL 27, 1892IN BOOK 12 AT PAGE
I42 AND RECORDED OCTOBER 12,I97?IN BOOK 436 AT PAGE 483.
10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
T}MREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 23, I89I, IN BOOK 12
AT PAGE 80, AND RECORDED APRIL 27, I892IN BOOK T2 AT PAGE I42, RECORDED
OCTOBER 12,I972IN BOOK 436 AT PAGE 483.
11. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED MAY 20, 1959 tN BOOK 3I7
AT PAGE 316.
12. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED MAY 18, I97O IN BOOK 4IO
AT PAGE 328.
13. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 02, 1981 IN
BOOK 566 AT PAGE 694.
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. GW63000022
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of th Company:
14, TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 15,
2OO5 IN BOOK 1670 AT PAGE 694, ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
15. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 15,
2OO5 IN BOOK 1670 AT PAGE 696, AT{Y AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
16. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED APRIL 06, 2006IN BOOK
1787 AT PAGE4O9.
17. TERMS, CONDMONS AND PROVISIONS OF DEEDS RECORDED JI.'NE 14, 2006 TN BOOK
1810 AT PAGES 46 THROUGH 5? INCLUSWE.
18. ANY BOI'NDARY DISCREPANCY DI.JE TO THE LOCATION OF FENCE LINES AND THE EFFECT
OF ANY RIGHT, TTTLE OR INTEREST T}TAT MAY BE CLAIMED DUE TO ANY SAID
DISCREPANCY.
oo
BEATTIE & CHADWICK, LLP
ATTORNEYS AND COUNSELORS AT LAW
9S2COOPERA\/ENUE
GLET.TWOOD SPRINGS, CO Al 60t
STEVEN M. BEATTIE
GLENN D. GHADWICK
JULIES. HANSON
JAMIEROTH
TELEPHONE: 970.945.8659
FAx: 970€4E8671
JHANSON@EEATTTECHADYVICK.COM
Iune 14,2007
Sent by e-mail
Craig Richardson
Garfield County Building & Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Snode Property Rezone
Dear Craig:
As you know, this firm represents Bruce Snode and Al Stark with regard to their property
just outside of Silt that has an application pending for a Zone District Amendment. I appreciate the
time you have taken to speak with me about this issue.
Mr. Snode and Mr. Stark entered into a contract with Peak Visions Development, LLC (the
"Buyer") for the purchase of the property. As part of this process, Mr. Snode provided an
authorization for Brad Ludden and Kevin Michelson to proceed through zoning and development
procedures on his behalf as the owner. The Buyer did so and submitted an application in January,
2007 requesting a Zone District Amendment. The application was found to be substantially
complete and received approval from the Planning & Zoning Commission and also received staff
approval. lt was to be heard by the County Commissioners on June 4, 2007. However, the Buyer
requested a continuance at the hearing. The Buyer terminated the contract on June 5,2001 and Mr.
Snode revoked his authorization for Buyer to act on his behalf on June 6, 2007.
As I have stated before, Mr. Snode intends to proceed with the application as it stands. I
was informed by Dave Pesnichak on June 1,2007 that an application runs with the land. Please see
the attached e-mail. Mr. Snode relied on this information until we were told otherwise on June 4,
2007. Carolyn Dahlgren stated that Mr. Snode may not proceed with the application unless the
Buyer's planner, Steve Isom, is paid by Mr. Snode. (l understand that Carolyn is out of the office
the remainder of the week.)
I am not aware of any basis or authority for the County to make such a requirement. If there
is something that states so in the County ZoningRegulations, please let me know. This is a private,
contractual matter between Mr. Snode and the Buyers. Any question regarding payment is
irrelevant to the status of the application and the County. The Buyers entered into a contract, spent
funds during the due diligence period and then terminated the contract. That was their decision to
make and spending money on due diligence is a risk that buyers take when entering into a contract
to purchase land.
As I mentioned to you today on the phone, we have heard that the Buyer may attempt to
withdraw the application. The Buyer has no right to do so as the application runs with the land and
the Buyer has no ownership rights in the land. It appears that the Buyer may be intending to use the
County as a pawn in order to extract money out of Mr. Snode.
Mr. Snode intends to appear before the County Commissioners on Monday, June 18 at the
public hearing to discuss this application. He requests that the County continue to support its
favorable recommendation.
Very truly yours,
lsl
Julie S. Hanson
Cc: Don DeFord - County Attorney
Bruce Snode
2
I /K lsou & AssoclArEs
l__l lr/'t\ Architecture Land Planning Project Management
January 24,2007
Craig Richardson
Garfield County Building and Planning Department
108 8th Street
Suite 201
Glenwood Springs, CO 81601
RE: Colorado River Storage/Retail Facility-Rezoning
Dear Craig:
The following is an application for aZnne DistricVComprehensive Plan Map
Amendment. The appiication is for a site located adjacent to the Town of Silt, Colorado
and more specifically north of I-70, just north and east of the I-70 access road into Silt
inctuding th" *"rt"rly offrarrrp from I-70, bordered to the north by the Unipn Pacific
Railroad, and to the east by County Road #311 which is an extension of l6h Street in Silt.
More specifically the parcel is located in Section 10, Township 6 South, Range
92 Weit. The requestfor rezoning is to Commercial General which allows for a mini
storage site and also mixed used commercial. The existing zoning is
Agricultural/Industrial.
As can be seen from the aerial photographs of the property this particular piece is
surrounded by either existing or proposed commercial uses. It is an agricultural island in
that it is nonconfonning wittr ttre surrounding area. To the north and across the railway
tacks there is an existing commercial mini storage facility. To the east is a confractor
yard with batch plant and machine shops. To the south across I-70 is a proposed 50 acre
tommercial retail center as already approved by the Town of Silt. To the west is the
existing I-70 access road to Silt.
Accompanying is a proposed site plan for development of the property which shows
approximately3 acres at the west end of the property remaining open space/wetland area.
ihe plan also shows approximately I acre at the east end of the property being reserved
for future mixed commerciaUretail which would be perrritted under the
CommerciaVGeneral Zone. The applicants have met with Janet Aluise, Director of
Community Development for the Town of Silt, to discuss the above project. Because of
this meeting, the development now includes heavy berming and landscaping along I-70
and a variety of roof structures on the south end walls of the storage units thereby
#w
P0. Box 9 Eagle, Colorado 81631 (970) 328-2388 FM (970) 328-6266
creating a more interesting approach to the Town of Silt. Loop Roads are also shown on
the south end of the project rather than one continuous road so that there can be
landscaping breaks ulong the south elevations. It is intended in the foreseeable future to
annex this parcel to the Town of Silt when it is feasible to extend sewer and water
services to this project.
Per the Application Submittal Requirements for the Zone District/Comprehensive PIan
Map Amendment the items listed are addressed as follows:
1. It is believed that the current Comprehensive Plan showing Outlyrng
Residential on this current properfy is in error. There is also changing
conditions around the neighboihood with the approval of Ferguson Crossing to
the south across I-70 with a total of 85 acres of commercial use. There is also
approval of the residential and golf course development along the Colorado
Rirer directly south of the Ferguson Crossing. All of these developments help
create an island of this property being zoned as Agicultural/tndustrial and
completely surrounded by commercial uses.
2. Attached is a thorough narrative that shows how an amendment to the
Comprehensive Planwould be more in keeping with the goals, objectives,
policies, and prograrns of the Comprehensive Plan-
3. A zoning map showing the current zoning of the subject property and
adjacent proPerties is attached.
4. A vicinity map showing the location of the property is attached which is
the County Tax MaP 2179-l0l-
5. A copy of the Garfield county Assessors Map is attached which is
2lg7-l1l.This shows the subject property and public and private ownerships
adjacent to the ProPertY.
6. A list of property owners within 200 feet of the site is attached. The owners
of subsurfaci mineral rights are Antero Resources II Corporation, of January
4,2005. Theiraddress ii: 1625 17tr Street, Suite 300, Denver, CO 80202.
7. A copy of the Title Policy with the legal description of the subject property is
attached to the apPlication.
8. A letter from Bruce Snode, owner of the property is attached glving
authorization for Brad Ludden and Kevin Michelson to make this
application.
g. A check for $450.00 is attached along with a signed copy of the "agreement
for paymenf'.
Sincerely y7*t, /W
cc: Brad Ludden
Kevin Michelson
10. Two copies of the completed application form are hereby submitted.
Once the application has been deemed technically complete, additional
copies will be provided.
If there are any questions concerning this application, please contact this office.
K70 1 CraigRichardsonGarfieldCounty0 I 2407
Colorado River Storage Site
Modifications to the Garfield County Comprehensive Plan
The following is an application to change to Garfietd County Comprehensive Plan as it
relates to a parcel of land located adjacent to the Town of Silt in Section 10, Township 6
Soutlu Range 92 West. The parcel, known as Colorado River Storage, is located north of
I-70, South of Union Pacific Railway, east of the I-70 Access Road to Silt, and west of an
existing contractor yard. The existing zoning is furicultural/Industrial but the
Comprehensive Plan Designation is Outlaying Residential, one unit for every two acres.
The request to change to CommerciaUGeneral Residential use on this site is not
reasonable because of the noise from I-70 and the railroad, estimated to be over 75
decibels at all times and the signalized railroad crossing which is the access to the site.
The land in question is surrounded by commercial zoning or industrial type uses directly
to the east. There is presently a mini storage area located dire,ctly to the north across the
Union Pacific Raikoad, convede[t store to the northwest, contractor yaxd to the east, and
proposed 85 acres of commercial across I-70 directly to the south. Havrng an island of
low density residential in this sea of commercial of agricultural is not appropriate for the
atea.
The 8.95 acre site is heavily impacted by noise from I-70 and from the Union Pacific
railway. It is not a fit site for any residential use and is not appropriate for retail type
commercial. The best use for the site would be for storage and some mixed use
commercial, particularly shops tbat are more tolerant ofhigh noise impact. This would
include shops and stnrctures for plumbing supply, electrical supply, cabinet making and
other similar type uses corapatible with the railway and I-70.
It is the intent of the developer to eventually annex the proparty into the Town of Silt
then extend water and sewer into the property for the mixed commercial use. This will
help provide a diversification on site and also allow for a greater ta:r benefit to the Town
of Siltthatthey do not rcatiz€ out of mini storage. Approximately I acre on the eastern
end of the site will be reserved for the mixed commercial use when the property can be
served by sewer and water which is currcntly located northeast of the Foperty across
Union Pacific Railroad.
The request for modification of the Comprehensive Plan would better fit with study area
No. 2 of the Comprehensive Plan being the goals, objectives, policies, and programs.