HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile:
www.garfield-county.com
RECEIVED
MAY 0 2 2005
GARFIELD COUNTY
BUILDING & PLANNING
970.384.3470
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Street Address / General Location of Property: 2888 County Road 210, Rifle, Co,
and unassigned County Road 210, Rifle, CO
> Legal Description: Lot 62, Antlers Orchard Development, and a parcel in the
N1/2SE%SE4, S 1, T6S, R 92 W
> Subdivision Name: Antlers Orchard Development
Description of Proposal: Increase existing parcel in the N1 SE aSE14, Si, T6S,
R 92 W, containing 6.23 acres to 9.41 acres and decrease existing Lot 62
of Antlers Orchard Development containing 20 acres to 16.82 acres
> Name of Property Owner (Applicant): DOUGLAS and KIMBERLEY STEWART
> Address: 2888 County Road 210 Telephone: (970) 625-3096
> City: Rifle State: CO Zip Code: 81650 FAX:
> Name of Owner's Representative, if any (Planner, Attorney, etc):
BARBARA C. BURWELL, STUVER, LeMOINE & BURWELL, P.C.
D Address: 120 West Third Street Telephone: (970) 625-1887
D City: Rifle State: CO Zip Code: 81650 FAX:(970)625-4443
STAFF USE ONLY
D Doc. No.: Date Submitted: TC Date:
> Planner: Hearing Date:
> Zone District:
Last Revised: 11/21/02
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I. PROCEDURAL REQUIREMENTS
A. One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
1. Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. If approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
2. An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above unless the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of water in terms of both the
legal and physical quality, quantity and dependability, and a suitable type of
sewage disposal to serve each proposed lot;
4) All applicable state and local environmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
8) School fees, taxes and special assessments have been paid.
B. The Board shall consider the amended plat request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. If proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
2
(1) Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion 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 meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) 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 meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
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.
(3)
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. It will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
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2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
In addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
3. The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
II. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
A. The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A narrative explanation of the reason for the application.
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee
with the application. (see attached fee schedule for amount)
5. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
B. For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
transferred/relocated following the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
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4. Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
5. Evidence of the soil types and characteristics of each type.
6. Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:42(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district.
7. If connection to a community or municipal water or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
8. The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee with the application. (see attached fee schedule for amount)
9. Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above and have provided the required attached information which is
crnrect and ..curate to the bes of my know dg .
Sig `> ure of applicant/owner) Date
5
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and DOUGLAS and KIMBERLEY STEWART
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for an Amended Plat
(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 COUNTY 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 permit 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 COUNTY 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 COUNTY to reimburse the COUNTY
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
Douglas Stewart
Print Name
Mailing Address:
2888 County Road 210
Rifle, CO 81650
10/2004
Page 4
Date:
r-tg 7 -06
Kimberley Stewart
Print Name
Stuver, LeMoine & Burwell, P.C. are our attorneys in this matter and are authorized to represent us
in the processing of this application.
Dou Stewart �/ ,01-
S
NARRATIVE EXPLANATION
APPLICATION FOR AMENDED PLAT
DOUGLAS AND KIMBERLEY STEWART
Applicants own two adjacent tracts of land: 1) Lot 62, Antlers Orchard Development containing 20
acres and 2) aparcel in the N1/2SE1/4SE1/4 of Sl, T6S, R93W containing 6.23 acres. Applicants
seek to increase the parcel in the N1/2SE1/4SE1/4 to 9.41 acres and subsequently decrease Lot 62
to 16.82 acres. The purpose of the request is to somewhat equalize the tracts for eventual
distribution on to Applicants' children.
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THIS DEED, Made this 24th day of June
19 79 ,between
DOLMAS /I re ETEstai2
of the County of Cart ield.Steteof.
Colorado, of the first part, and
DOUGLAS K LES STUART and KDOIRALEY Jute SMART
whose legal address in 2898 County Road 210, Rifles CO
Garfield 61650
County°V and State of
of the
Colorado. of the second part:
WITN ESSETH.That the said part y of the first part, for and in consideration of the sum of
—aero 4140t.
Aware I's atm"
JU1. 2 197
>;fl'7'some
i.&
TEA DA011.ARS AND anal GOOD CONSIDERATION_
to the said part y of the first part in hand paid by the Raid parties
whereon! hereby confessed and acknowledged, has remised, rel
claimed. and by these presents does remise, release, sell,conc.
parties of the second part. their heirs and assigns forever. not int •
tenancy, all the right. title. interest and demand which the sai
ha • in and to the following described lot or parcel,
being in the and State of Colorado, to wit
County of Gar field
ovnahi 6 South lune 93 west of this es !
3f the sec on ! part, the receipt
rased. Doi&.!onreyed and quit
y and quit claim unto the said
naney in cararoon but in joint '
I party of the first part
of land situate, lying arid
Section 1t XE 5Pk5Lk
COUNTY OP Gai FULD
sun OY C0L6Ramo
also known as street and number 2298 City !toad 210, Rifle, Co lorado 61650
TO HAVE AND TO HOLD the same, together with all and 1 o nt l ing,rothd all the appurtenances
privileges thereunto belonging or in anywise thereunto t Ih in part, d all the
lav l . right.
title, interest. and claim whatsoever of the said part 7 a aoreei r. her in in tenancy in
unto the said parties of the second part, their heir and as- ign
common but in joint tenancy.
1\ WITNESS WHEREOF, The said party of the first pat !hal hetruntoset
hand and seal the day and year first above writ en-
�� � =
�) SEAL)
Sijrned, Sealed and Delivered in the presence of j10 K1 .7q SI'Jiwvi
SEAL]
SEAL' '.
STA OF COLORADO,
• (.Oras'%
,[1!Q-1bti-Itoid4-i !rument was acknowledged before me tI is
lP'':K1113t\ a Mlles Steuart
1t'. pire. e.s_11.
s-11.
WITNESS my hand and official seal
my of O, .1tIL
si
—___'CT"'..G'-ei
r!;,
Zath
day of Jun°
;r:
1111111111111111111111111111111111111111111111111111111
517067 12/01/1997 03:44P B1044 P324 M ALSDORF
1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
QUIT CLAIM DEED
GRANTORS: DOUGLAS MILES STEWART and KIMBERLEY JUNE STEWART, 2898
CR 210, Rifle, CO 81650;
for the consideration of ONE Dollar and other good and valuable
consideration, in hand paid, hereby sells and quit claims to:
GRANTEES: DOUGLAS MILES STEWART and KIMBERLEY JUNE STEWART, as
joint tenants with right of survivorship, 2898 CR 210,
Rifle, CO 81650;
the following real property, in GARFIELD County, Colorado, to -
wit:
PARCEL A, Description attached;
also known as (street address): none, vacant land;
Documentary fee: NONE, CONSIDERATION LESS THAN $500.00;
with all its appurtenances.
Date: ///207;2��0%�
OU S MILES STEWART
Date: //Z.O
STATE OF COLORADO
GARFIELD COUNTY
)ss.
K MBERLEY STEWART
The foregoing 1pstrument was acknowledged before me this
;24142114% day of /00. , 19q7 by DOUGLAS MILES STEWART and
KIMBERLEY JUNE STEWART.
My commission expires:
Witness my hand and offic'al eal
When recorded, return to: P.O. Box 19 6, Rifle, CO/81650
(iY SURVEYS
PHONE NO. : Oct. 29 1597 10:10~1'1 F4
RIVER CITY SURVEYS, L. L. C.
COLORADO REGISTERED PROFESSIONAL LAND SURVEYORS
POBox2/3
GLENWOOD SPRINGS, COLORADO
a 1 602
oFF/CE PHONE c5 FAX — (970) 945-60 / 9
DAvlo A. COOPER. COLO. REG. P.L.S. # 29030
KENNY CLINE, CONSTRUCTION SUFER'iSoo
October 29, 1997
PARCEL A
NEW PROPERTY DESCRIPTION FOR
WESTERLY PARCEL
A PARCEL OF LAND SITUATED IN THE N1/2SE1/4SE1/4 OF SECTION 1, TOWNSHIP -6
SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL BEING `;ORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHICH THE EAST QUARTER CORNER CF SAID SECTION
1, AN EXISTING SANDSTONE MONUMENT, BEARS N.22°08'22"E. 1427.48 FEET;
THEN 5.04°15'25"W. A DISTANCE OF 20.:.84 FEET TO THE SOUTHERLY RIGHT-OF-
WAY
'GHT-OF-
WAY OF COUNTY ROAD NO. 210; THEN 3.04°15'25"W. A DISTANCE OF 417.62
FEET; THEN S.04°21`51"W. A DISTANCE OF 147.12 FEET; THENCE 35.03 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 35.31 FEET, A
CENTRAL ANGLE OE' 56°50'29", THE CHORD OF WHICH BEARS S.32°47'05"W. A
DISTANCE OF 33.61 FEET; THEN S.61°12'20"W. A DISTANCE OF 100.53 FEET TO
THE SOUTHERLY LINE OF THE N1/2SE1/4SE1/4 OF SECTION 1; THEN
S.89°44'38"W. ALONG SAID SOUTHERLY LINE OF THE N1/2SE1/4SE1/4, A
DISTANCE OF 288.19 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF A
PARCEL CONVEYED BY DEED RECORDED IN BOOK 461 AT PAGE 378, SAID POINT
ALSO BEING THE SOUTHWEST CORNER OF THE E1/2NW1/4SE1/4SE1/4 OF SECTION 1,
(FROM WHICH A REBAR AND CAP, PLS # 14111 BEARS N.62°59'E. 1.2 FEET);
THEN N.00°23'03''W. ALONG THE EASTERLY LINE OF THE W1/2NW1/4SE1/4S=1/4 OF
SECTION 1, A DISTANCE E OF 637.28 FEET, MORE OR LESS, TO AN EXISTING
FENCELINE ALONG THE SOUTHERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD NO.
- 210: (FROM WHICH A REBAR AND PLASTIC CAP BEARS S . 21 °5 4 `E • 1.9 FEET) ; THEN
N. 00°23' 03"w. 22.70 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THE
W /2.NW1/4SE1 /4SE1/4 OF SECTION 1; THEN N.89°44'49"E . ALONG THE NORTHERLY
LINE OF THE N1'/2SE1/4SE1/4 OF SECTION 1, A DISTANCE OF 442.67 FEET TO
THE POINT_ OF BEGINNING, SAID PARCEL CONTAINING 6.23 ACRES, MORE OR LESS.
111111111111111111111111 111111111 111111 111 1111111111111
517067 12/01/1997 03:44P B1044 P325 M ALSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO