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Home My WebLink About2.0 CorrespondenceJune 8, 2010 Mark Chain Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 BUILDING & PLANNING DEPARTMENT RE: FEXA 6352 — SnobbleBazley Exemption Amendment Dear Mr. Chain: On April 7, 2010 I sent you a letter indicating that your application, noted above, was incomplete and did not include all information required by the Unified Land Use Resolution of 2008 or, the information that was supplied was deficient. In that letter I described each item that was technically inadequate giving you the opportunity to address the deficiencies in your application and resubmit the specific documents, forms, or plans as noted in my letter (copy attached). The Unified Land Use Resolution of 2008 (ULUR) requires the Director to make a Determination of Completeness for Land Use Change Applications within thirty (30) working days of receipt of the application materials (10 working days for Administrative Review Permits). If an application is not complete, the Director shall inform the applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn. The sixty calendar day time period begins when the letter, noted above, is sent to the applicant. You have not responded within that sixty day time period (ending at 5 PM on June 7, 2010) so the Building and Planning Department of Garfield County considers your application withdrawn. You may reapply by submitting three complete applications that address the deficiencies noted in the letter sent to you on April 7, 2010. This is considered a new application and does require payment of the current application fee. Sincerely, Thomas Veljic, AICP Senior Planner 970-945-8212 Attachment: NTC letter dated April 7, 2010 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 April 7, 2010 Mark Chain Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 BUILDING & PLANNING DEPARTMENT RE: FEXA 6352 — SnobbleBazley Exemption Amendment Dear Mr. Chain: I am writing this letter regarding the Barbara Snobble and James Bazley application for an Amendment to a Final Exemption Plat. I've reviewed the submittal documents, received on March 17, 2010, and at this time, the application does not include all required information per Garfield County Regulations. The application is therefore deemed Technically Incomplete and the Planning Department will not process this application any further until the following information, listed below, has been provided to the satisfaction of this office. Please address the following items and submit three copies of the modified information to this office so that we may continue the review of this application: Application (Any questions about the comments concerning the deeds of trust and conveyances between parties noted below, can be directed to Deborah Quinn, Assistant County Attorney -945- 9150.) • Section 5-501 (I) of the ULUR lists the required application documents for Amending a Final Exemption Plat. Please include a Vicinity Map as a separate document described in Section 5-502 (C) (2). • Please note item 27 in the Certificate. How does the lot line adjustment from August 31, 2004 relate to the current request? • Barbara Snobble must sign the authorization letter. • There are three deeds of trust (DOT) on the property(ies). Each lender should consent and subordinate or substitute the new legal descriptions for the amendments for Tracts A and B (this assumes that the legals in the DOT's match those in Reso 81-298, but we don't have the DOT's so not sure)); otherwise if there is a default, the resulting deed at the foreclosure sale will be for a lot that is described differently from what is being requested. • There will also need to be conveyances between the parties in connection with these adjustments in the lot lines and those conveyances would also be subject to the pre - 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 existing deeds of trust, another reason to get the lenders consents to the lot line adjustments. • Until those conveyances occur between the parties to effect the boundary adjustments, the ownership information on the exemption plat is inaccurate. Those deeds should be tendered to be recorded at the time the plat is recorded. Amended Plat Document • Please title as Amended Snobble Exemption Plat (or the "Amended" of what the original exemption plat was titled). • Remove the existing legal descriptions from the amended plat. • Please add the Treasurer's Certificate. • Please include all of the required information listed in Section 5-502 (C) (7). o Minor, Major, Road Split Exemption Plat. Exemption plats for Minor, Major or Road Split Exemptions shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require a more detailed version of all or part of the exemption map or plat. The exemption map or plat shall include the following information and supplemental materials. a. Current certificate from a title insurance company or an attorney licensed to practice law in the State of Colorado setting forth the names of all owners of property included within the proposed exemption and a list of all mortgages, judgments, liens, easements, contracts and agreements of record which shall affect the property within the proposed subdivision exemption. b. Names and addresses of mineral estate owners of record of the property proposed for exemption from subdivision. c. Evidence of registration or incorporation in the State of Colorado for corporate property owners or corporate applicant. d. Legal description of the boundary of the property. e. Boundary lines, corner pins, and dimensions of the subject property, including land survey data to identify the parcel with section corners, distance and bearing to corners, quarter comers, township and range. f. Adjacent subdivided, unsubdivided and public lands, and the names and addresses of property owner(s) and mineral estate owners of record within 200' of the proposed subdivision exemption. g. Uses and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension. h. Location and dimension of easements for protected significant on-site features. i. Location and layout of lots lettered or numbered consecutively, with each identified as an "Exemption Lot"; the dimensions and acreage of each lot; a metes and bounds legal description of each Exemption Lot j. Location and dimension of roadways, driveways, sidewalks, paths and trails, and parking areas. k. Location and dimensions of open space parcels and preserved areas, held in common, dedicated to the County, or otherwise. I. Location of utilities. m. Significant on-site features including: natural and artificial drainage ways, wetland areas, ditches, hydrologic features and aquatic habitat; geologic features and hazards including slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas, radiological and seismic hazard areas, soil types and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other on-site and off-site features that influence the development n. Location of sewage treatment and disposal facilities. The plat shall be supplemented by description of sewage treatment disposal system or facilities, and proof that the system is adequate to serve each of the Exemption Lots and meet(s) the standards for sewage treatment and disposal systems set forth in Article VII, Standards. o. Location of Physical Water Supply and Distribution System. The plat shall be accompanied by supplemental material describing the physical water supply and distribution system, and proof that the physical water supply is adequate to serve each of the Exemption Lots and meet(s) the standards for water supply and distribution systems set forth in Article VII, Standards. p. Location of Water Storage Facility(ies), Dry Hydrants, etc. if required. The Plat shall be accompanied by proof of adequate fire protection for each of the Exemption Lots, meeting the requirements of the applicable fire protection district. q. The Exemption Plat shall be accompanied by the following Supplemental Information: (1) A copy of a current certificate from a title insurance company or an attorney licensed to practice law in the State of Colorado attesting to the accuracy and validity of the title to the property being platted and stating that the applicant is the land owner or is duly authorized by the land owner(s). The certificate shall be submitted within seven calendar days of the application submittal date. (a) The certificate or certification shall also list all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. (b) All other exceptions from title shall be delineated. r. The exemption plat shall contain executed certificates, notices, and statements on a single sheet in a standard form. Sincerely, /®t 'Phomas Veljic, AICP Senior Planner 970-945-8212 NOTE: The Unified Land Use Resolution of 2008 (ULUR) requires the Director to make a Determination of Completeness for Land Use Change Applications within thirty (30) working days of receipt of the application materials (10 working days for Administrative Review Permits). If an application is not complete, the Director shall inform the applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn. 4