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HomeMy WebLinkAbout1.0 Application• APPLICATION FOR A ZONE DISTRICT AMENDMENT Garfield County, Colorado July 30 ,19 92 APPLICANT: Walter Allen Stowe ADDRESS OF APPLICANT: P.O. Box 276 Glenwood Springs, CO 81602 Proposed Zone District Amendment from: to: Lot Size: Entire Parcel: 8.003 acres. PUD/multi-family PUD/single family Applicant's Signature In support of this zone district amendment application, the petitioner must submit all of the following information: 1. Zone District map of subject property 2. Letter from the applicant stating the proposed zone district amendment and the reasons justifying the zone district amendment 3. List of owners of adjacent property and their addresses as listed in the County Assessors office, including owners of property separated by public right-of-way 4. Fee of $450.00 - payable to the "Garfield County Treasurer" 5. Vicinity map showing relative location of the property 6. Legal description or copy of the deed to the property 7. Letter of consent from owner(s) of property if other than applicant s • NAMES AND ADDRESSES ADJOINING PROPERTY OWNERS RIVER RIDGE P.U.D. Westbank Ranch Golf & 1007 Westbank Road Country Club, Ltd. Glenwood Springs, CO 81601 Robert L. DeRoeck Glennyce R. DeRoeck James L. Rose Robert H. Spuhler Jacilyn E. Spuhler Helen O. Wheeler Mary Ann Phillips Theoro, Inc. George H. Dapples J.E. Brosseau, Jr. Jack Katz as Trustee for Jack Katz, II James Rose 1602 Lincolnwood Drive Glenwood Springs, CO 81601 1602 Lincolnwood Drive Glenwood Springs, CO 81601 P.O. Box 1240 Glenwood Springs, CO 81602 0224 Meadow Lane Glenwood Springs, CO 81601 0224 Meadow Lane Glenwood Springs, CO 81601 0262 Meadow Lane Glenwood Springs, CO 81601 0298 Meadow Lane Glenwood Springs, CO 81601 P.O. Box 2261 Glenwood Springs, CO 81602 P.O. Box 86 Santa Fe, CO 87501 P.O. Box 86 Santa Fe, CO 87501 P.O. Box 2169 Winter Park, FL 32790 P.O. Box 1240 Glenwood Springs, CO 81602 -1- • Thomas Michael Matheny 0086 Westbank Drive Glenwood Springs, CO 81601 Clydette Matheny Lydia P. Morgan as Trustee of the Lydia P. Morgan Trust dated June 14, 1989 Norman L. Gould Nancy L. Gould Family Trust Edna H. White Robert J. Browning Mary S. Browning Gregory R. Richards Gale R. Richards Walter A. Stowe M. Karen Stowe 0086 Westbank Drive Glenwood Springs, CO 81601 6339 Valley Wood Drive Reno, NV 89523 0066 Meadow Lane Glenwood Springs, CO 81601 0066 Meadow Lane Glenwood Springs, CO 81601 0088 Meadow Lane Glenwood Springs, CO 81601 0122 Meadow Lane Glenwood Springs, CO 81601 0122 Meadow Lane Glenwood Springs, CO 81601 0156 Meadow Lane Glenwood Springs, CO 81601 0156 Meadow Lane Glenwood Springs, CO 81601 P.O. Box 1975 Glenwood Springs, CO 81602 P.O. Box 1975 Glenwood Springs, CO 81602 25 -- .i.',404.1 • '.75tv 4•4 11 • Poi / D „AP. • Aip )ais,i VirfYibdt. •r•ist 24e:Ot _1••••••::: , AAPf°414f:keivilf137; .):yo .%.1 c:04,..44.4 14wr: A:Le " • 7". 4.)1)14).a wry; 37.1 .).4:4•Vik.;. ) • 4. yif • 700o 4 3 6 \\, ...N., ..... i , ..,.., \ \)‘; .......„ ...„ .-„,... -... ........ ____ , , , \ .,- - • \ •••••,. -• \ , 1.„ . ,•• • • PUD • ••••••••• • L) 0 Is 1 - NE r`l / 11 J a ri -y ( � �-�•. ' . L,4 • • • �ca7,7.0G41 and (1/VarErz, Llnc. Reg. Land Surveyors and Engineers 811 Colorado Avenue Glenwood Springs, Colorado 81601 (303) 945-8664 PROPERTY DESCRIPTION A parcel of land situated in a portion of Lot 5, Section 1 and Lot 1, Section 2 of Township 7 South and in a portion of Lot 11 and 26, Section 35 and Lot 3, Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southeast corner of said Section 35; thence N.32°14'21"W. 789.20 feet to the True Point of Beginning; thence 1'4.42°04'00"E. 137.20 feet; thence S.48°11'00"E. 324.47 feet to a point on the westerly line of Reception, No. 354946; thence the following Six (6) courses along said westerly line (bearings on said Reception No. 354946 have been rotated): 1.) 3.07°15'19"E. 53.40 feet; 2.) S.28°59'28"E. 639.26 feet; 3.) S.30°10'26"E. 79.41 feet; 4.) along the are of a curve to the right having a radius of 395.19 feet and a central angle of 45°38'45", a distance of 314.84 feet (chord bears S.08`23'31"E. 306.58 feet); 5.) 5.14°25'52"W. 78.63 feet; c.) along the arc of a curve to the left having a radius of 652.52 feet and a central angle of 16°07'40", a distance of 183.67 feet (chord bears S.06°22'04"W. 183.07 feet); thence leaving said westerly line S.40°32'00"W. 19.87 feet to a point on the easterly line of'Westbank Ranch Subdivision Filing No. 3; thence 6.10°37'00"W. along said easterly line 26.20 feet; thence continuing along said easterly line N.25°28'00"W. 1529.00 feet to the True Point of Beginning; said parcel containing 8.003 Acres, more or less. August 8, 1989 • • Recorded at o'clock M. Reception No. Recorder THIS DEED, Made this day of , 1984 between DONALD J. ICE, of the first part, and THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, a political and legal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the second part, WITNESS, that the said party of the first part, for and in consideration of the sum of TEN (10) DOLLARS, to the said party of the first party in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, and QUIT CLAIMED, and by these presents doth remise, release, sell and QLTIT CLAIM unto the said party of the second part, its successors and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described property situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE EXHIBIT A ATTACHED HERETO TO HAVE AND TO HOLD the same, together with all and singular the appurte- nances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. DONALD STATE OF COLORADO ) SS. County of 0A-CFCE-1,,A ) The foregoing instrument was acknowledged before me this 2 0 /4'day of , 1984, by DONALD J. ICE M/yr commission expires 11-,,g_57-- Witness 1-a-g5Witness my hand and official seal. Ndtarf Public 3'i 7 (ler!c,,fa ^ ^ c/ C 0 3"4 (?/ EXHIBIT "A" A parcel of land situated in River Ridge P.U.D. as recorded in Document No. 325086 of the records of the Clerk and Recorder of Garfield County, Colorado, being more particularly described as follows: Commencing at the brass cap for the Southeast corner of Section 35, Township 6 South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado; thence N. 4°34'00" E. (Basis of Bearing) 382.94 feet along the East line of said Section 35 to a point on the Easterly line of said River Ridge P.U.D., being the Point of Beginning of the parcel herein described; thence along the Easterly side of said River Ridge P.U.D. the following four courses: (1) S. 32°42'28" E. 466.72 feet; (2) S. 33°53'26" E. 300.29 feet; (3) S. 15°45'31" W. 389.17 feet; (4) S. 36°49'00" W. 43.85 feet;thence 183.67 feet along the arc of a non -tangent curve to the right, having a radius of 652.52 feet which bears ..N..84°35'09" E. and a central angle of 16°07'40" the chord of which bears N. 02°39'17" E. 183.07, feet; thence N. 10°42'52" E. 78.63 feet; thence 314.84 feet along the arc of a curve to the left, having a radius of 395.19 feet and a central angle of 45°38'45", the chord of which bears N. 12°06'31" W. 306.58 feet; thence N. 33°53'26" W. 79.41 feet; thence N. 32°42'28" W. 639.26 feet; thence N. 10°58'19" W. 53.92 feet to a point on the Northerly line of said River Ridge P.U.D.; thence S. 51°57'33" E. 121.36 feet along said Northerly line; thence S. 32°42'28" E. 107.22 feet along the Easterly line of said River Ridge P.U.D. to the East line of said Section 35 and the Point of Beginning. 04 • • File No. GL 2132 1. Policy Date August 22, 1989 2. Name of Insured: Walter Allen Stowe SCHEDULE A at 4:24 P.M. TIM Owners Form 2312 Policy No. AZ 753852 Amount $ 3. The estate or interest in the land described herein and which is covered by this policy is: A Fee. 4. Title to the estate or interest covered by this policy at the date hereof is vested in: Walter Allen Stowe 5. The land referred to in this policy is situated in the County of Garfield State of Colorado and is described as follows: See Attached Exhibit A 9-7-89 ss Page 1 This Policy valid only if Schedule B is attached. File No. GL 2132 Policy No.AZ 753852 EXHIBIT A 5. The land referred to in this policy is situated in the County of Garfield, State of Colorado and is described as follows: A parcel of land situated in a portion of Lot 5, Section 1 and Lot 1, Section 2 of Township 7 South and in a portion of Lot 11 and 26, Section 35 and Lot 3, Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southeast corner of said Section 35; thence N.32°14'21"W. 789.20 feet to the True Point of Beginning; thence N.42°04'00"E. 137.20 feet; thence 5.48°11'00"E. 324.47 feet to a point on the westerly line of Reception No. 354946; thence the following six (6) courses along said westerly line (bearings on said Reception No. 354946 have been rotated): 1.) 5.07°15'19"E. 53.40 feet; 2.) 5.28°59'28"E. 639.26 feet; 3.) 5.30°10'26"E. 79.41 feet; 4.) along the arc of a curve to the right having a radius of 395.19 feet and a central angle of 45°38'45", a distance of 314.84 feet (chord bears 5.08°23'31"E. 306.58 feet); 5.) S.14°25'52"W. 78.63 feet; 6.) along the arc of a curve to the left having a radius of 652.52 feet and a central angle of 16°07'40", a distance of 183.67 feet (chord bears 5.06°22'04"W. 183.07 feet); thence leaving said westerly line 5.40°32'00"W. 19.87 feet to a point on the easterly line of Westbank Ranch Subdivision Filing No. 3; thence S.70°37'00"W. along said easterly line 26.20 feet; thence continuing along said easterly line N.25°28'00"W. 1529.00 feet to the True Point of Beginning. County of Garfield State of Colorado Page 2 • File No. GL 2132 SCHEDULE B TIM OWNERS 2/73 FORM 2313 PolicyNo. AZ 753852 This policy does not insure against loss or damage by reason of the following: 1. Rights 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. 5. Reservations and exceptions contained in the United States Patent to the described property recorded May 20, 1899 in Book 12 at Page 508, including: a. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. b. There is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. 6. Easement and right of way conveyed to Mountain States Telephone and Telegraph Company in Document recorded July 13, 1931 in Book 168 at Page 159. 7, An undivided 1/2 interest in all oil, gas, and other minerals as reserved by John C. Rigney and Phil T. Rigney in deed recorded October 27, 1950 in Book 254 at Page 556. (Affects Parcel 2). g. Easement and right of way for roadway purposes reserved by Harold L. Gambrel and Helen Rigney Gambrel in deed recorded November 5, 1957 in Book 305 at Page 204. (Affects Parcel 2) 9. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along the Roaring Fork River, caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river. 10. Right of Way and Easement for the existing County Road as constructed and in place. 11. Right of Way for road purposes as set forth in Warranty Deed recorded in Book 459 at Page 416 and in Book 481 at Page 9. ....Continued.... Page 3 • File No. GL 2132 Policy No. AZ 753852 SCHEDULE B - Continued.... 12. Terms, Conditions and Stipulations contained in the Resolution recorded in Book 531 at Page 246. 13. Terms, Conditions and Stipulations contained in the Subdivision Improve- ments Agreement recorded in Book 593 at Page 292, Book 626 at Page 482, Book 661 at Page 596, Book 698 at Page 401 and in Book 720 at Page 108. 14. Terms, Conditions and Stipulations contained in the Declaration recorded in Book 593 at Page 589 and in Book 610 at Page 795. 15, Rights of Way and Easements as shown on the Plat recorded at Reception No. 325086. 16. Any loss of damage arising out of the correction or the reformation of the Quit Claim Deed to the Board of County Commissioners in Book 654 at Page 930. NOTE: The Quit Claim Deed to The Board of County Commissioners describes the property as being in Section 35, Township 6 South, Range 93 West, which is on West Dry Creek which is Southeast of Rifle, Colorado. 17. Any loss or damage arising out of the encroachment by the Quit Claim Deed to The Board of County Commissioners in Book 654 at Page 930 onto Envelope Blocks 10, 12 and 14 and the surrounding area as set forth on the River Ridge P.U.D. Plat. 18. Any loss or damage arising out of the variations with and among the legal descriptions of River Ridge P.U.D. and the Deed recorded in Book 656 at Page 950. 19. Any and all existing leases and/or tenancies. 20. Deed of Trust from Walter Allen Stowe to the Public Trustee of Garfield County securing w r n ^-T'-,--- - Coloradoeneral original amountsag partnerhip in the 89 and recorded August ��, 1,o7 dL neceptiondNo. 404864eed dated AinuBook st 27619at Page 463. 21. Any unpaid taxes or assessments. Page 4 • • RESIDENTIAL/DISTRICT/SINGLE FAMILY Uses, by right: Single-family dwelling and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features. Uses, conditional: Day nursery and school, home occupation. Uses, special: Studio for conduct of arts and crafts, utility lines, guest house. Two family dwellings existing as of the date of approval of the P.U.D. provided that upon the demolition or destruction of such dwellings such special use shall terminate in its entirety. Minimum Lot Area: Forty thousand (40,000) square feet. The roadway serving the P.U.D. shall be included in the affected Lot and shall be an easement across such Lot. Maximum Lot Coverage: Twenty-five percent (25%). Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; • (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater, provided that the existing encroachment of a two family dwelling straddling the boundary line of Lots 3 and 4 shall be a permitted encroachment until the demolition or destruction of such dwelling, at which it shall terminate. Maximum Height of Building: Twenty-five (25) feet. Maximum Floor Area Ratio: 0.100/1.0 and as further provided under Supplementary Regulations of the Garfield County Zoning regulations in force at the time of approval of this P.U.D. JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III • SCHENK, KERST & deWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2447 TELECOPIER: (303) 945-2977 August 4, 1992 GARFIELD COUNTY COMMISSIONERS 109 8th Street Glenwood Springs, CO 81601 Re: River Ridge P.U.D. Dear Commissioners: il ale 1P) �"" f;5;�;�,-y/ S AUG 0 4 1992 +" 1i GARF LD COUNTY HAND DELIVERY This letter is written on behalf of Walter Allen Stowe, who is the owner of River Ridge P.U.D. Accompanying this letter is an application for zone district amendment, signed by Mr. Stowe, together with the following: 1. Zone District Map of subject property - the zoning maps actually overlap for this P.U.D. and portions appearing on the two county maps are enclosed. 2. A letter from Mr. Stowe requesting the zone district amendment and his reasons for justification of this change. 3. A list of owners of adjacent property and their addresses. 4. Mr. Stowe's check in the sum of $450.00 made payable to the Garfield County Treasurer. 5. A vicinity map showing the relative location of the property. This map is a compilation of the four Garfield County Assessor's maps which have been joined to depict this P.U.D. in relation to the adjacent Westbank Ranch Subdivision, another adjacent property. 6. A photocopy of the plan of the River Ridge P.U.D. as previously approved by this County. 7. The property description of the River Ridge P.U.D. as presently owned by Mr. Stowe. In connection with that description, it should be understood that the prior deed to Garfield County conveying the right-of-way is not correct and should be amended to accommodate the County's right-of-way. A copy of that prior deed is also enclosed. • WALTER ALLEN STOWE P.O. BOX 276 GLENWOOD SPRINGS, COLORADO 81602 August 4, 1992 GARFIELD COUNTY COMMISSIONERS 109 8th Street Glenwood Springs, CO 81601 Re: River Ridge P.U.D. Dear Commissioners: HAND DELIVERY This letter is written in support of an application for a zone district amendment change for River Ridge Planned Unit Development from P.U.D. multi -family to P.U.D. single-family. The basic character of the land use around River Ridge P.U.D. is single-family in nature and, after careful consideration of the proximity of the River Ridge P.U.D. to the Westbank Ranch property, I have determined that a better use of the property will be as single-family dwellings on lots approximating the size in the Westbank Ranch development. The River Ridge P.U.D. would then be harmonious with the adjacent land use patterns. In addition, in connection with the relocation of Garfield County Road 109 and the taking of a portion of the property by Garfield County, several of the units are no longer buildable as previously approved. Your careful consideration of this change is sincerely apprr ted. Yours WALTER ALLEN STOWE WAS/klm Enc.