HomeMy WebLinkAbout1.0 ApplicationRECE,NVED
AUG O 6 2OOB
GARFIELD CourylI
BUILDING & PLANNING
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 82 1 2 Facsimile : 97 0.384.347 0
www.qa rfield-countv. com
AMENDED or GORRECTED PLATS Doc#
GENERAL INFORMATION (Please print legibly)
Name of Propertv Owner:t,
Mailing Address:Telephone: (3lg_)
> City: irL.-.o] 4f-*1. 3trt., OoZipCode: LLwtCell:(<to)
> E-mail address: crz^r4 ) aV * ac. c.,.w- FAX: (- )
417,- 1ol3V
etc).
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Mailing Address:Telephone' (tt ) at*q -le.el
City:State: (a Zip Code: Llttzqe-dl. (,tro )
E-mail address:FAX. (et'to )
Description of Special Use Requested:
Street Address / General Location of Property , *.el^ ,L l,';. ulr--...L
F Legal Description:
Assessor's Parcel Number: 1, I | 4
Existing Use:
Property Size (in acres) 4.vv t ZoneDistrict: /L/?/w
1. I t'l -?n4-oo-oLL
Last Revised 7/1/08
JOHN L. TAUFEFT & ASSOCIATEST tNC.
Landscepe .AnchiEeccune / LEnd Planning
July 28, 2008
Fred Jarmen, Director
Garfie"ld County Building & Planning Department
108 8"' Street Suite 401
Glenwood Springs, Colorado 81601
Application for Amended Plat - steele Subdivision Exemption
Dear Fred,
On behalf of Wesben, LLC ( applicant) , I am pleased to submit this land use application
regarding a plat amendment to the Steele Subdivision Exemption, located north of the
Glenwood Springs Fish Hatchery adjacent to County Road f32, Glenwood Springs,Colorado' The proposed amendment does not increase the number of subdivision lots ordwelling units, does not result in the relocation of a road and does not add new roads and
does not result in the relocation of property lines between more than two adjacent
properties.
Request for Amended PIat - Steele subdivision Exemption
The Steele Subdivision Exemption was approved by the Garfield County Board of
Commissioners in July 1998, Resolution No. 98-48. The Steele Subdivision Exemption
consists of 2 lots consisting of 4.83 */- acres each. The applicant, wesben, LLC, isproposing to reconfigure the boundary line betweenthe 2iotr thur increasing the size ofLot I and reducing the size of Lot 2. The resulting lot sizes would result in Lot I
consisting of approximately 6.57 acres and Lot 2 consisting of approximately 3.08 acres.
Lot 2 includes an existing residential dwelling unit and 2 garageswhile the only
improvements to Lot I consist of an access drive and a domestic well. The phisical
characteristics of the property are varied. Lot 2 consists of a relatively flat area betweenMitchell Creek Road ( County Road 132) and Mitchell Creek. The properry then slopes
upward to a bench that is sloped but is within the allowable slope parameters as defined
in the Garfield County Subdivision regulations. Lot I slopes upward from the Mitchell
Creek Road to an area that again, fails within the Garfield County slope regulations.
The proposed lot reconfiguration would still provide each lot to be in excess of the 2.0
acre minimum lot size in the A,rR/RD Zone District. The new lot configuration wouldprovide Lot I a minimum of 1.0 acre of area under 40% slopes while Lot 2 would include
an area in excess of 2.0 acres of slopes under 40%.
I
I
9O9 Colonado Avenue o Box 2271 o Glenrazood Spninge,CO 81604
(970) 945-1337 . FAX (970) 945-7914
Combining the eastern portion of Lot 2 with Lot I would eliminate the necessity to
continue the existing access easement to the eastern portion of the property. Therefore,
the access easement would terminate at the east -west boundary line between Lots 1 and
2. This revision is shown on the amended plat as well. Eliminating a portion of the
access easement does not change the alignment of the existing access road.
The reason for the lot reconfiguration is to combine the entire eastern area of the property
within one lot. The eastern portions of Lots 1 and 2 have a similar relationship in terms of
topography and other physical characteristics. Combining the entire area would increase
the developable area thus providing more options and flexibility in locating a residential
dwelling unit and associated uses on Lot 1.
We appreciated your attention to this matter.
If you have questions or need additional information, please do not hesitate to contact my
office.
Sincerely,
John L. Taufer, Owners Representative
First American Title fnsurance Company
OWIYER'S POLICY.
SCHEDTILE A
07108n008 2:43:23 kp a
FileNo.: 92GH0209344-I05JLZ PolicyNo.: H0209344OTP
Amount sf Tnsurancel $6981000.00
Date of Policy: The date of recording the instnrment or instuments which vest the insured interest in the
land covered by this policy in the lnsured.
l. Name of Insured:
Wesben, LLC, a Colorado limited liability company
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
Wesben, LLC, a Colorado limited liability compary
4. The land referred to in this policy is described as follows:
Lots 1 and 2 of Steele Subdivision Exemption Plat recorded at Reception No. 532990.
County of Garfield, State of Colorado
First American Title Insurance Company
File No.: 92GH0209344-L05JL2 Policy No.: H0209344OTP
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inqurry of persons in possession thereof.
3, Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the land would disclose, and which are not shown by the public
records.
5. Any water rights or slsims or title to water in, on or under the land.
6. Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or
payable.
7 . Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded on November 18, 1912 at Reception Number 71576 in Book 71 at
Page 576.
8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded on November 1, 1935 at Reception Number 121981 in Book 112 at
Page 61 5.
9. Terms, conditions, provisions, obligations and restrictions of that certain Agreement recorded on
March 16, I951 at Reception Number 109485 in Book 168 at Page 76.
10. Undivided interest in all oil, gas and other mineral rights, as evidenced in instnrment recorded on
November 1, 1951 at Reception Number 177555 in Book 260 at Page 546, and any and all
assignments thereof or interests therein.
11. Terms, conditions, provisions, obligations and restrictions of that certain recorded on May 20,' 1959 at Reception Number 205450 in Book 317 atPage 329 .
' 12. Terms, cond.itions, restictions, provisions, notes and easements as disclosed on Plat(s) of said
Subdivision recorded on September 30, 1998 at Reception Number 532990.
13. Right of way for Mitchell Creek over and across subject properry.
14. Any loss or damage arising from the fact that any fence lines on or near the perimeter of subject
properry may not coincide with properry lines.
July 28, 2008
Fred Jarmen, Director
Garfield County Building & Planning Department
108 W. 8ft Street
Glenwood Springs, Colorado 81601
Re: Letter of Consent - Steele Subdivision Exemption Amended Plat
Dear Fred,
As owners of Lots 1, arrd2 of the Steele Subdivision Exemption, we hereby consent to
the proposed revision of the property boundary line between Lots | &,2. The proposed
lot boundary line revision will improve the current lot configuration and will greatly
enhance our future endeavors in developing the properfy.
If you have questions or need additional information, please do not hesitate to contact
myself or John L. Taufer, Owners Representative.
Craig \tri7stley, Managing Partner
Wesben, LLC, A Colorado Limited Liability Company
- rcF?ERTY DE3CF,,FNOV
LOT 1
A PARCEL OF LANO SITUATED IN SECTIONS 27 AND 34, TOWNSHIP 5
SOUTH, RANGE 89 UEST OF THE SIX]H PRINCIPAL MERIDIAN, COUNil
OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARNCULARLY OESCRIBED AS FOLLOIYS:
BEGINNING AT A POINT FROM WHICH THE SOUIHWEST CORNER OF
SECNON 27. A G.L.O. BRASS CAP STANDARD MONUMENT BEARS
5.89'51'00"W. A DISTANCE 0F 758.00 FEEI; THEN
N.33'38,00"E. A DISTANCE OF 458.50 EEET IO A REBAR AND CAP,
PLS f 19598; THEN N.89'51'OO"E- A OISTANCE 0F 349.10 FEET I0
A RE'bAR ANO CAP, PLS # 19598; THEN S.00'09'00'E- A DISTANCE
OF 181.10 FEET; THEN S.89'51'00"w. A DISTANCE 0F a8-60 FEET;
THEN S.OO'06'00'E. A OISTANCE 0F 103.45 FEET: THEN
N.79'35,45,,W. A DISTANCE OF 564.92 FEET TO THE POINT OF
BECINNING, SAID PARCEL CONTAINING 4.85 ACRES, MCRE OR LESS.
t LOT 2
A PARCEL OF LAND SITUATED IN SECTIONS 27 AND 34' TOWNSHIP 5
SOUTH, RANGE 89 S/EST OF THE SIXIH PRINCIPAL MERIDIAN' COUNTY
OF GARF]ELD, STATE OF COLORAOO, SAIO PARCEL BEING MORE
PARTICULARLY DESCFIBED AS FOLLOWS:
EEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF
SECNON 27, A G.t.O. BRASS CAP STANOARD MONUMENT BEARS
5.89'51'00'w. A DISTANCE 0F 758.00 FEET; THEN
S.79'35'45"E. A DISTANCE 0F 564.92 FEET; IHEN
S.OO!6'OO"E. A DISTANCE 0F 289.41 FEET; THEN
5.89'51'OO"w. A DISTANCE 0F 628-02 FEET; THEN
N.03'3J'OO'W. A DISTANCE 0F 72.89 FEET; THEN
N.06'48'OO"E. A DISTANCE OF 172.87 FEET; THEN
N.2O'37'00'E. (RECORD BEARING = 20'38'13'E.) A DISTANCE 0F
158.8J FEET Ib THE POINT OF BEGINNING, SAID PARCEL CONTAINING
4.83 ACRES, MORE ffi LESS.
A.
1.
One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
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. lf approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
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) Schoolfees, 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. !f proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
(1) Notice by publication, including the name of the applicant, description of the
subject lot, a descnption 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 in the paragraph 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 receipti
shall be presented at the meeting by the applicant.
(3) The site shall be posted such that the notice is clearly and conspicuousty 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 responsibitity of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
lf approved, the corrected plat shall comply with the requirements ouflined 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 ai a regularly scheduledpublic meeting for review and decision.
lf approved, the corrected plat shall comply with the requirements ouflined 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 agend-a item, at aregularly scheduled Board meeting, and recorded in the Clerk and Recorder's Omce of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS') standards for landsurvey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22lFinal Plat Requirementsi of the GarfieldCounty Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements oulinedbelow to the Garfield County Planning Department. lt will be received and given to a StaffPlanner who will review the application for technical compliance (completenessi.
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.
ln 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 onlv 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
of $100.00 with the application.
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.
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.
Evidence of the soil types and characteristics of each type.
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 fi re district.
lf connection to a community or municipal water or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee of $100.00 with the application.
Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
above and have provided the required attached information which is
knowledge.
7-2 ? - 0J)
5.
6.
7.
8.
9.
(Signature of
GARFIELD COUNTY BUILDING AND PLAIINING DEPARTMENT
AGREEMENT FOR PAYMEI\T FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafterCOLrNTY) ana *leqV.^ , UVO
(hereinafter APPLICANT) agree as follows:
APPLICANT has TY an application for
.(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 col-INTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ur&rtuin the full extent of the costs involved in processing the
apflication. Appi-ICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional iosts to be biied 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
applicatiJn or additionalcotlNTy stafftime or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COLTNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the finai consideration by the COLINTY of any land use permit, zoning amendment, or subdivision
plan.
Date:
APPLICANT
ero',, kJ"rt"y
Print Narfd f
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