HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8 21 2 F acsimile: 970'38 4.347 0
www. garfield-countv.com
BE* 8,[vfll]
JUN 2 6 2008
SU*ftdr'8H$'S
AMENDED AND CORRECTED PLATS APPLIGATION
GENERAL INFORMATION
(To be completed by the applicant.)
Street Address / General Location of Property:-90, 92 and 94 Primrose Road
_located within AsPen Glen
) Legal Description: Lot L, Final Plat of The Peaks at Aspen Glen, Phase No' 3,
July 1 7,2OOO as Rec. No. 566378 containing 13,250 sq. ft., 0.304 acres, more or less.
D Subdivision Name:
-The
Peaks at Aspen Glen, Phase No' 3-
) Description of Proposal: _The purpose of this Application is to re-subdivide Lot L into
three (3)townhome units as previously approved by Garfietd County and noted in Plat
Note 14 on the Final Plat of The Peaks at Aspen Glen, Phase No. 3.-
> sPen Glen Lot L, LLC
) Address: 655 E. Valley Road, Suite 200 Telephone: 963-5692
) city: _Basalt_ state: co- Zip code: 81621-FAX: 963-5684-
>
-Lawrence R. Green, Esq., Balcomb & Green, P.C.
Il> ROOress: 818 Colorado Avenue- Telephone: 945-6546t.-'--'
l> city' _Glenwood Springs_ State: -co Zip Code: -81601 FAX: 945-9769
I
I orAEE r reE nNil vr STAFF USE ONL\
I
t-| > Planner: Hearing Date:
) Zone District:
Last Revised 2/2006
1.
I. PROCEDURAL REQUIREMENTS
One of the following 3 procedures shall apply to a request for an Amended or
Gorrected Plat.
Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots ortdwelling units, b) results in the major
relocation of a road or add new roads, or c) dbes not result in the relocation of property
lines between more than two adjacent properfies.
An application for an amended plat shall be cbnsidered by the Board at a regularly
scheduled public meeting. lf approved, the alnended plat shall comply with plat
requirements outlined below (subsection B).
An application for an amendment to a plat of hn existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to veriff
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent prQperties, shall be subject to the criteria and
public meeting requirements as follows:
2.
The Board shall not approve an apflidation for an amended plat as mentioned
above unless the applicant has satisfiFd the following criteria:
1) All Garfield County zoning reQuirefnents will be met;
2) All lots created will have legal accpss to a public right-of-way and any necessary
access easements have been obtfined or are in the process of being obtained;
3) Provision has been made for an alequate source of water in terms of both the
legal and physical quality, quantih/ and dependability, and a suitable type of
sewage disposalto serve each prpposed lot;
4) Allapplicable state and local envi(onmental health and safety requirements
have been met or are in the Oroce[s of being met;
5) Provision has been made for any iequired road or storm drainage
improvements;
6) Fire protection has been approve{ by the appropriate fire district;
7) Any necessary drainage, irrigatiori or utility easements have been obtained or
are in the process of being obtainpd; and
8) School fees, taxes and special have been paid.
B.The Board shall consider the plat request at a public hearing.
The applicant shall be solely res for the publication, posting and mailing of
all notices and shall present proof of blication and mailing at or before the
meeting. !f proper notice has not , the public hearing will not occur.
Notice for the meeting shall be given follows:
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.
Notice by mail, containing information as described in the paragraph above,
shall be mailed to all owners of record as shown in the County Assesso/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.
lf 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.
lf 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
includ'e at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield
County Subdivision Regulations.
Application process steps:
Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. lt will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
(1)
(2)
(3)
c.
1.
2.
3.
4.
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 Bold 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.
The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting atwhich time the Board will consider the request. Should the request require
a public hearinj, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
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 followins steps outline how an "HeX"#""il:"Jl"rffi
plat application review process works
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:
A narrative explanation of the reason for the application.
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.
A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
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.
For procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
Narrative explaining why the amended plat is being requested'
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.
Copy of the deed showing ownership of the parcel(s), or a lette.r from the property
owner(s), if other than the applicant.
B.
1.
2.
3.
4.
1.
2.
Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (2OO') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of ine 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 consijt of proof described in Section 8:42(D) of the Subdivision Regulations),
,e[nod 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.
I have read the statements above and have provided the required attached information which is
correct and accurate to the of my knowledge
& GREEN, P.C.
June 24, 2008
, Attorrieys for Date
4.
5.
o.
7.
8.
9.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Asnen Glen T.ot T.- T.t.C
1. APPLICANT has submitted to COUNTY an application for Amended Final Plat. a Resubdivision
of Lot L. Peaks at Aspen Glen. Phase No. 3 (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.
Print Name
Mailing Address: 818 Colorado Avenue
Glenwood Sprinss. CO 81601
wrence R. Green,
10t2004
Page 4
AsrsN Glnn Lor L,LLC
655 E. V.ur,ny Roau, Sulrn 200
Basar,r, CO Bl62t
(970) 963-s692
June 23, 2008
Gar{i9Jd County Building and Planning Departrnent
108 8u Street, Suite 401
Glehwood Springs, CO 81601
Re: Appllcallon for Amended Fhol Plol, a Resubdlvlston ollot Io Pea*s at Aspen
Glen, Phase No, 3
DearMadam orSir:
Aspen Glen Lot L,LLC is the owner of tnt L, the Peaks at Aspen Glen, Phase No. 3 as
shown on the Plat recorded July 17,20Co as Reception No. 566378. That f,oi tras previously
been approved to be resubdivided into three townhome units upon construction oi a niplei
structure on said Lot. By the applicatiou reGrenced above, we siek to resubdivide Lot I into
tluee townhome units in accordance with those previous approvals. Aspen Glen Lot L, LLC
hereby authorizes Lawrence R. Green and the firm of Balcomb & Grien, p.C. to act in all
respects as its authorized representatives to submit and prosecute the above-ieferenced land uso
application.
BAr,coMB & Gnrcrcx, P.C.
ATTORNEYS AT IJAId.
P. O. DRA.WER,79O
818 COI,ORADO A\IENIIE
KENNETH BALCOMB
( I 920-2005)
EoWARD MULHA,LL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAV|D C. HALLFoRD
CHRISToPHER L. CoYLE
THoMAs.J. HaRTERT
CHR|SToPHER L. GETGER
SARA M. DUNN
DANIEL C. WENNoGLE
Scorr GRosscuP
CHAD J. LEE
Gr,ENwooD spRrNes, Cor,oRADo 816oP oF couNsEL:
JoHN A. THULSoN
Telephone: 970.945.6546
Facsimile: 970.945.9769
tM.balcomboreen.com
Jlur;,e24,2008
VIA HAND DELIVERY TO:
Fred Jarman, Planning Director
Garfield County Building & Planning Department
108 Sth Street, Suite 401
Glenwood Springs, CO 81601
Re: Application to Resubdivide Lot L, The Peaks at Aspen Glen, Phase No. 3
Dear Fred:
I am submitting herewith trvo copies of the following documents which comprise an
application to resubdivide Lot L, The Peaks at Aspen Glen, Phase No. 3:
1. The Deed vesting title to Lot L in Aspen Glen Lot L,LLC.
2. A letter from Aspen Glen Lot L, LLC granting me the authority to submit and
prosecute the within Application, together with a statutory Statement of Authority evidencing the
authority of Robert Singer to sign instruments on behalf of Aspen Glen Lot L,LLC.
3. An Amended and Corrected Plat Application form, which includes the narrative
explanation that the purpose of this Application is to resubdivide Lot L into three (3) townhome
units as previously approved by Garfield County.
4. A copy of the recorded Final Plat of The Peaks at Aspen Glen, Phase No. 3,
containing Plat Note 14 reflecting the County's prior approval of the proposed resubdivision.
5. A proposed First Amended Final Plat: A Resubdivision of Lot L, reflecting the
resubdivision of the property into three townhome units.
6. An executed Agreement for Payment form.
BAr,cor,rR & GREEN, P.C.
ATTORNEYS AT I,Aw
Fred Jarman, Planning Director J,ne24,2008
Page 2
7. Our check in the amount of $100.00 which we understand to be the applicable
application fee.
As always, I look forward to working with Garfield County staff to obtain the necessary
approval of this Amended Final Plat.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
xc: Robert Singer (w/out encls.)
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Siguature Page Attachment Exhibit
ADDRESS:
STATBOP
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REBECCA WESTPHAL
NOTARY PUBLiC, ,
STATE OF COLORADO
My Commrssion Erprres Oct Jl 2006
l.
2.
3.
4.
5.
STATEMENT OF AUTHORITY
(c.R.s. $38-30-172)
This Statement of Authority relates to an enlity nanred Aspen Glou Lot L, LLC.
The type of entity is a limited liability company.
The entity is fornred under the laws of the Shte ofColorado.
The mailing address for the entity is 655 East Valley Road, Suite 200, Basalt, Colorado 81621.
The names and positions of each person authorized to execute instntments conveying,
encumbering, or otirerwise affecting title to real property on behalf of the entity are as follows:
Robert Singer, Manager
The authority of thc forcgoing person to bind the entity is not linrited.
This Strtement of Authority is executed on behalf of the entity pursuant to the provisions of
c.R.s. $38-30-172.
Executedthis 7h a^vof rllitrtfi'-. ,2008.
STATE OF COI,oRADO )
couNrY or 6 nc[iolJ i "'
4 Thc above and foregoing instrument was acknowledged before me this &a^, or
YLIl.Sg-,2008, by Robert Singer as Manager of Aspen Glen Lot L,LLC, a Colorado limitcd
liability company.
Witness my hand and seat.
My commission expires:
6.
7.