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Home My WebLink About1.03 Pre-App - Brent Lawton=6 Garfield County Community Development Department 108 8'11 Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .garfield-county.com TAX PARCEL NUMBER: 211934409017 (Lot 17) and 211934409016 (Lot 18) DATE: August 8, 2013 Updated: February 26, 2015 PROJECT: Western Hills Subdivision lot 17 and lot 18 OWNERS/APPLICANT: Robert Lawton (Lot 17) and Lynda Brent (Lot 18} REPRESENTATIVE: Lynda Brent (970-947-1099) PRACTICAL LOCATION: 0501 Mel Ray (Lot 17) and 368 Ponderosa Drive (Lot 18) ZONING: Residential Urban TYPE OF APPLICATION: Final Plat Amendment I. GENERAL PROJECT DESCRIPTION The applicant is requesting the adjustment of the property line between the two subject Jots. The request would shift the lot line approximately 16 feet to the southeast from its current platted location. No changes to access, utilities, and/or related easements are proposed and no new lots are being created with this amendment. The proposed amendment would align the lot line with an existing fence separating the two properties. Please be aware that any plat amendment in this zone district shall meet a minimum 7,500 square foot lot size and shall not create any non-conformities with the existing structures. Required setbacks in the Residential Urban zone district are Front setback: 25 feet, Rear Setback: 25 feet, Side Setback: 10 feet. The Applicant on Lot 18 has provided a letter from October 2, 2013 (attached) stating that her representations to the Community Development Department demonstrated conformance with Section 7-702 at the time. In order to proceed with the application for an Amended Plat, the applicant will need to provide a Jetter stating that the current Home Occupation/Business meets the standards outlined in Section 7-702 currently. 1 The applicant has provided a survey of the proposed amendment. The final plat will need to conform to Section 5-402{F), including the incorporation of the enclosed certificates. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • City of Glenwood Springs Comprehensive Plan {Designated as Single Family) • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat {5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements • Article 7, Division 1, 2 and 3 Ill. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 {see attached flow chart and below outline}. • Pre-Application meeting; • Submittal of Application (3 copies plus one on CD); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Decision to property owners within 200 feet and mineral rights owners on the subject property; • Directors Decision including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat with the County Clerk and Recorder. SUBMITIAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • Application Form • Ownership Documentation {deed) and title information indicating if there are any lien holders and/or encumbrances (a title commitment may be necessary) • Statement of Authority or Letter of Authorization, as necessary (if hiring representative) • Fee Payment and Payment Agreement Form • Pre-Application Conference Summary • Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parcels. • Vicinity Map • Improvements Agreement {may be waived upon request) 2 • Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) • Code, Covenants, Restrictions (may be waived upon request) • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. • Letter from the owner of Lot 18 stating that the existing Home/Business is in conformance with the standards as outlined in Section 7-702. Submit three paper copies and one CD that include all submittal materials. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review X None {Director's Decision) _Planning Commission _Board of County Commissioners _Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection District, City of Glenwood Springs, appropriate HOA (if applicable), Garfield County Designated Engineer, State of Colorado and Division of Water Resources. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comm en ts. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denia I to the Director ofthe Community Development Department. The Director's decision is subject to a 10-day call-up period. The pre-application meeting summary is only valid for six (6) months from the date of the written summary. 3 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: -rf-J .b. c C, ? o ;...s-- oate /6 avid Pesnicha~C P -Senior Plann 7 4 GARFIELD COUNTY Community Development Department 108 at11 Street. Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile : 970.364 .3470 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY DATE: August 6, 2013 TAX PARCEL NUMBERS: 2119-344-09-017 (lot 17) and 2119-344-09-016 (Lot 18) PROJECT: Final Plat Amendment, Lots 17 and 18, Block 9, Western Hills Subdivision OWNERS: Robert Lawton and Steve and Lynda Brent SURVEYOR: Deming Land Surveying Inc. PRACTICAL LOCATION: 251 Mel Ray (lot 17) and 368 Ponderosa (Lot 18) TYPE OF APPLICATION: Final Plat Amendment ZONING: Residential Urban I. GENERAL PROJECT DESCRIPTION The Applicants wish to amend the Final Plat of Lots 17 and 18 of the Western Hills Subdivision by modifying the lot line between these lots to reflect the location of the existing fence line . No changes to access, utilities, and/or related easements are proposed and no new lots are being created with this amendment. Please be aware that any plat amendment in this zone district shall meet a minimum 7,500 square foot lot size and shall not create any non-conformities with the existing structures . Requ lred setbacks in the Residential Urban zone district are Front Setback: 25 feet, Rear Setback: 25 feet, Side Setback: 1 O feet. The Applicant on Lot 18 must meet the requirements of a Home Occupation/Business (see attached Section 7-702) and have only one employee working for the business . Once th is has been corrected, a Final Plat Amendment application can be processed. The following information is required for a Final Plat Amendment REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The fallowing Sections of the Garfield County Land Use and Development Code apply: • Section 5-305 -Amended c:inal Plat Review • Tables 5-103 Common Rew~w Procedures and Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, and 3 as applicable Outlined below is a list of information typically required for this type of application : • A narrative describing the request and related information. • Proof of Ownership (title work or copy of a deed) and information on any lien holders . • Names and mailing addresses of properties within 200 feet of the subject property., includ ing mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. • If owner intends to have a representative (Planner or Attorney) complete the Application and processing then a letter of authorization is needed. • Copy of the Preapplicatlon Summary needs to be submitted with the Application . • Copy of the Application Form, payment of Fees and signed Payment Agreement Form. • The Proposed Plat showing the existing and proposed lot lines and any easements and rights-of-way. • A Vicinity Map for use in the required public notice. • The Application should include a waiver request from submittal of an Improvements Agreement and any Codes, Covenants, and Restrictions (if applicable). • The request should be consistent with all applicable provisions of Article 7, Divisions 1. 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access lssues, will not affect utility services, and any other applicable Subdivision and Article 7 topics. It. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat (processed as an Administrative Review) including : • Pre-application meeting; • Submittal of Application (3 copies plus one on CD); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral reviews; • Setting a date for the Director's Decision; • Public Notice 30 days prior to the Director's Decision to property owners within 200 f~et and mineral rights owners on the subject property; • Director's Decision including any conditions; • A 10 day Call~up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; and, • Recording the Plat with the County Clerk and Recorder. Public Hearing(s): ...X...None ....!.... Directors Decision _ Planning Commission _Board of County Commissioners _ Board of Adjustment 2 Referral Agencies: May include but is not limited to : Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Homeowners Association (if applicable). Ill. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees: Total Deposit: $100 $na $100 General Application Processing (additional hours are billed at hourly rate of $40.50) Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval , approval with conditions, or denial to the Director of the Community Development Department Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning , which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: Molly Orkild-arson, AICP, RLA Senior Planne r 3 ,, Date D. State Licensing Required. All Kennels shall be required to provide the BOCC with a copy of the license issued by the State Department of Agriculture. 7-604. VETERINARY <;LINIC. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S . § 25-12-103, except as permitted by C.R.S. § 25-12-103(2) and (3). DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. 7-7(11 f. Ag·cESSQRY! ll_Wl;l .. U~IN~ UNIT. A. Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,500 square feet for a lot less than 4 acres . The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. C. Compliance with Building Code. Construction shall comply wlth the standards set forth in this Code and with Building Code requirements. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or • 2. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. E. ance to Dwelling Unit. A separate entrance ccessory Dwelling Un it is requ ired. Activities lnciden Secondary. e res1 ence o e rson(s) conducting the Home Office/Business and all Home Office/Business activities, shall remain incidental and secondary to the use of the property for residential purposes. Child day care that takes place in a home is not considered, for the purposes of this Code, a Home Office/Business. 1. The amount of space used for the Home Office/Business activity, including any storage , shall not exceed 25% of the total amount of Floor Area and unfinished Basement 1 garages and storage areas, in which the bus iness is operating .• 2. The use shall not have the appearance of a commercial use. 8. Activity Contained. The activity shall be contained w ithl n a bu il ding. C. Provision of Mandatory Parking Spaces. The location of the Home Office/Business shall not interfere with the provision of mandatory parking spaces for that property. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-32 .. D. Activities Conducted by Resident. All Home Office/Business activ ities must be conducted by the person(s) who reside at the location . The activity may be supported by no more than 1 person living off site, such as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other capacity for the benefit of the Home Office/Business. E. Disturbances. The Home Office/Bus iness acUvity shall not result in any noise, fumes, dust, electrical disturbance, or traffic reasonably objectionable to an Adjacent Property Owner. F. Display of Goods and Retail Sales. No Home Office/Business activity may include any window or outdoor display of goods , any stock in trade, or any other commodities. G. Signage. There shall be no signs advertising a Home Office/Business. 7-703. MANUFACTURED HOME PARK. A. Park Layout The layout of Manufactured Home Spaces shall follow variations in natural terrain and preserve unique natural features of the site, such as tree stands, water courses , and rock outcrops, to the extent practicable and feasible . 1. Where sites are flat and have few distinguishing features, a curvilinear or clustered pattern for the Manufactured Home Spaces is encouraged . 2. Interspersing Open Spaces is encouraged . B. Foundation and Anchors. 1. Each Manufactured Home Space shall be improved to include a permanent, engineered foundation adequate for the placement and anchoring of a Manufactured Home in compliance with the Building Code . 2. The foundation shall be constructed and approved by the Building Official prior to delivery of the Manufactured Home to the site . c. Landscaping. 1. The operator/owner shall be responsible for installation and maintenance of landscaping in the park in accordance with the County-approved Landscape Plan. 2. Additional landscaping may be required to provide screening or buffering and to soften the visual appearance of a Manufactured Home Park . D. Certification of Manufactured Homes. All Manufactured Homes placed in or relocated to a Manufactured Home Park after adoption of this Code shall meet the following certification requirements: 1. The Manufactured Home shall have certification pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974" (42 U.S .C . 5401, et seq.). 2. Manufactured Homes first occupied in the County after January 1, 1973, shall have affixed a data plate and heating certificate stating compliance with the following standards: a. The home is designed to comply with Federal mobile or Manufactured Home construction and safety standards in force at the time of manufacture; GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 0 0 ( W. Section 5-305 Amended Final Plat ~ .II Cl. ~ u .!!! s ·e .a i !!:! Ji c: 0 E !'I 2- .!! ... .§ .. e i < Amended Fln1I Plat Review Process (Section 5-305) •AppllClnt has 6 months to submit appllcatlon !:.teµ ::!: lomplet£'nes~ Hct•1cw • 10 blidruu .. d"r ti> rtntlRW •If Incomplete, 60 days to remedy deficiencies ---·----r ----~ ----··~··--., Step '1: Sc:h~du!e Deci~io'? Date an ~ Pr ovide Notic.e . .. . . . .. .... -- •Milled to adjacent property owners within 200 feet ind mineral owners at lent 15 days prior tD detision dab! --- 5tcp 5: Rcfcrrdl ' •21 day comment period !>tcp &: lvalution by Uirec:tor •Call-up Period· within 10 days of Director's Decision •Final Plat m1at be signed by the BOC:C and be recorded within 10 business days of a pp row I. 101 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfleld-county.com TYPE OF SUBDIVISION/EXEMPTION D Minor Subdivision Major Subdivision D Sketch CJ Preliminary CJ Final Conservation Subdivision D D D D DIVISIONS OF LAND APPLICATION FORM Preliminary Plan Amendment Final Plat Amendment Common Interest Community Subdivision Public/County Road Split Exemption D Yield CJ Sketch CJ Preliminary CJ Final D Rural Land Development Exemption D Time Extension INVOLVED PARTIES Owner/ Appl leant Name: Phone: ( ) Malling Address : City: State: Zip Code: E-mail: Representative (Authorization Required) Name: Phone: ( ) Malling Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: -- ------------- Physlcal/Street Address: Legal Description: Zone District: Property Size (acres): Project Description Existing Use: Proposed Use (From Use Table 3-403): Description of Project: Prop osed Develop ment Area Land Use Type #of Lots #of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submi ssion Require me nts D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section:-------------- Section: Section:-------------- Waiver of Standards Cl The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section:-------------- Section: ____________ Section: _____________ _ I have read the statements above and have provided the required attached Information which Is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL USE ONLY File Number: ____ -___ _ Fee Paid:$ ------------ cG Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ _____________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: _______________ Phone:( __ ) _______ _ Billing Contact Address: ___________________________ _ City: ___________________ State: ___ Zip Code: ______ _ Billing Contact Email: ____________________________ _ Printed Name of Person Authorized to Sign:--------------------- (Signature) (Date) ( cG' Garfield Co1111ty EXHIBIT A To Resolution 2014-60 -PLANNING REVIEW PROCESS FEE SCHEDULE . •••• : t .~. '"_;,'' .;,~-:.I'.• •· ·---•u • • • .~~.:.tt~~ ..... : ~ ; :'i>':-1~; 1 1"t:i=.'·'"'~:: ?t: .• .. .. ;~·.;;.., land Use Chanie Permits -· -. . .. 4-103 Administrative Review $250 4-105 Limited Impact $400 4-106 Major Impact $525 4-107 Minor Temporary Employee Housing $250 4-107 Amendmentto an approved LUCP $300 4-108 Vacation of a County Road or Public ROW $400 4-109 Development in 100-year Floodplain $400 4-110 Development in 100-year Floodplain Variance $250 4-111 Location and Extent Staff Hourly Rate 4-112 Call-up to the BOCC Staff Hourly Rate 4-113 Rezoning $450 4-114 Code Text Amendment $300 4-115 Variance $250 4-116 Administrative Interpretation $250 4-117 Administrative Interpretation Appeal $250 4-118 Waiver of Standards •Part of Application ( 4-119 Accommodation Pursuant to the FFHA $250 6-202 PUDZoning $500 6-203 PU D Zoning Amendment $300 7-707 Small Temporary Employee Housing $50 9-101 Pipeline Plan $400 14-302 1041: Areas & Activities of State Interest: Minor Permit $1,000 14-303 1041: Areas & Activities of State Interest: Major Permit $2,500 Takings Determination Staff Hourly Rate Chapter4 Comprehensive Plan Amendment $450 Divisions of land 5-202 Public/County Road Split Exemption $300 5-203 Rural Land Development Option Exemption $400 5-301 Minor Subdivision $400 5-302.B Sketch Plan (Major or Conservation) $325 5-302.C Preliminary Plan (Major or Conservation) $675 5-302.D Final Plan/Plat (Major or Conservation) $200 5-304 Preliminary Plan Amendment $325 5 -305 Final Plat Amendment $100 5-306 Common Interest Community Subdivision $400 5-307 Vacating a plat $250 Staff Hourly Rate - Director/Manager $5050 Senior Planner $40.50 Administrative Assistant $30.00 Other Fees (Application agency review fees and outside consultant review TBD fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey) 6 ( c ( D. Amended Final Plat County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended [Exemption] Plat this_ day of A.O., 20_, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATIEST: __________________ _ County Clerk Certificate of Dedication and Ownership The undersigned being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing __ acres, more or less, has [have] caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this [Exemption] Plat under the name and style of a subdivision in the County of Garfield. The Owner(s) do( es) hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this __ day of _____ ~ A.O., 20_. 27 ( J c ( STATE OF COLORADO COUNTY OF GARFIELD : SS Owner Address: The foregoing Certificate of Dedication and Ownership was acknowledged before me this __ day of ______ _,A.O., 20_, by ____________ _ My commission expires: _______ _ Witness my hand and official seal. (SEAL) Notary Public Surveyor's Certificate I, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of __ -------------------------as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this __ day of _______ __, A.O., 20_. Professional Land Surveyor Clerk and Recorder's Certificate · This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at __ o'clock __.Jon this __ day of 20_, and is duly recorded as Reception No._ Clerk and Recorder By---------~-----~ Deputy 28 ( ( l County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this __ day of _________ _, A.O., 20_. Garfield County Surveyor Title Certificate I, an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in------------- free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: ---------------------- DATED this __ day of __________ _, A.O., 20_. TITLE COMPANY: Agent OR Attorney Colorado Attorney Registration No . __ _ Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this Plat are paid in full. DATED this __ day of __________ _, A.D., 20_. Treasurer of Garfield County 29 0 0 G H. Other Plat Certificates To Be Used, As Necessary Uenholder Consent, Subordination and Release as to Public Rights-of-Way (No Exception Needed In Title Certificate) -----------------' as the Beneficiary under Deed(s) of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification he,reby joins in and consents to said Subdivision [Exemption] Plat and to the recording thereof. Beneficiary agrees that any foreclosure of said Deed(s) of Trust shall not adversely affect the existence and continued validity of the {Exemption] Plat, which shall run with the land and remain in full force and effect as if this [Exemption] Plat had been delivered and recorded prior to the recording of said Deed(s) of Trust. Without limiting the generality of the foregoing, the public right(s)-of-way depicted on the [Exemption] Plat are dedicated by the Owner(s) hereon, free and clear of any interest in the Beneficiary. Notwithstanding such consent and subordination and release as to public rights-of-way, said real property, other than the public right(s)-of-way dedicated hereon, shall continue to be encumbered by the Deed(s) of Trust unless released in accordance with law. EXECUTED this __ day of _____ __, A .O., 20_. Lien holder STATE OF COLORADO : SS COUNTY OF GARFIELD The foregoing Lienholder Consent, Subordination and Release as to Public Rights-of-Way was acknowledged before me this __ day of A.O., 20__, by ________ _ My commission expires: _______ _ Witness my hand and official seal. (SEAL) Notary Public Lienholder Consent and Subordination (Exception Needed in Title Certificate) The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification hereby consents to said [Exemption] Plat and to the recording thereof. Beneficiary further consents to said [Exemption] Plat as stated in the certificate of dedication and ownership executed by the Owner(s) hereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made. EXECUTED this __ day of _______ A.D ., 20_. 39 c 0 ( lien holder STATE OF COLORADO : SS COUNTY OF GARFIELD The foregoing Lienholder Consent and Subordination was acknowledged before me this __ day of --------'A.O., 20__; by ___________ _ My commission expires: _______ _ Witness my hand and official seal . (SEAL) Notary Public Easement Holder Consent The undersigned, holding easements upon the real property which is platted and subdivided as shown on the within Final Plat, hereby certifies that it has reviewed the within Plat and by this certification does hereby consent to said Plat and to the recording thereof, and to all dedications made by and upon said Plat as stated in the Certification of Dedication and Ownership set forth hereon, and does hereby subordinate any interest that it may have in and to the property subject to such dedications to the entity(ies) to which such dedications are made . EXECUTED this __ day of _____ _. A.O ., 20_. Easement Holder STATE OF COLORADO : SS COUNTY OF GARFIELD The foregoing Easement Holder Consent was acknowledged before me this __ day of ______ _,A.O., 20__; by ____________ . My commission expires:-------- Witness my hand and official seal. (SEAL) Notary Public 40 October 2, 2013 Colorado Candies c/o Lynda Brent 368 Ponderosa Dr. Glenwood Springs, CO 81601 Garfield County · RE: 368 Ponderosa Drive, Home Office/Business Dear Lynda: This office is in receipt of your letter dated September 30, 2013 indicating that your business, Colorado Candy Kitchen, Inc., Is operated out of you home at 368 Ponderosa Drive in the Western Hills Subdivision (see attached letter). Your property is zoned Residential Suburban and a Home Office/Business is a •permittedn land use in this zone district under the Garfield County Land Use and Development Code (LUDC), so long as it operates within the standards established by section 7-702 and meets the county's definition of a Home Office/Business. Based upon the representations in your letter dated September 30, 2013, including information that there is one full-time employee and that your business meets all other standards of section 7-702, your Home Office/Business is in compliance with the County's LUDC and is a permitted land use within the County. Respectfully, jl-- Tamra Allen, AICP Attachment Garfield County Community Development Department Glenwood Springs, CO 81601 Molly, September 30, 2013 I'd like to request a letter from the Garfield County Community Development Department that states the location of my business, Colorado Candy Kitchen, Inc., located in my home at 368 Ponderosa Dr., meets the criteria and standards as per the land use development code of Garfield County. My business has one full time employee and meets the Home Occupation/Business standards as per the LUDC . Thanks, Lynda Brent MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE : Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(l)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- II? If so, review for mineral interests that were reserved and oil and gas leases. 3: Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. -:MEiviO June 24, 2014 Page2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. S. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address( es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or land.man. 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