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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.13.2006Exhibits for Public Meeting held on November 13, 200 Exhibit Letter (A to Z) Exhibit A Staff Memorandum B Application Materials C Subdivision Regulations of Garfield County, Colorado of 1984 D Garfield County Zoning Regulations of 1978, as amended PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT(S) REPRESENTATIVE LEGAL DESCRIPTION LOCATION EXHIBIT A BOCC 11/13/06 CR Amended Final Plat (Building Envelope Amendment) MKS Investments, LLC Jeffery Spanel, Wintergreen Homes, LLC Lot 1, Cerise Ranch Subdivision, Phase I Situated in part of Section 32, Township 7 South, Range 87 West of the 6th P.M. (On Highway 82 near the Garfield/Eagle County Line) I. DESCRIPTION OF THE PROPOSAL The owner of Lot 1 requests approval to create a utility easement and reconfigure the platted building envelope. The illustration below depicts the originally approved building envelope in dashed lines and the proposed reconfigured envelope in a solid form. The reconfiguration decreases the envelope size by 721 sq. ft. The purpose of this plat amendment is to move the building envelope so that it will not overlap the created utility easement. This change was requested by the Mid Valley Metropolitan District. SPAC' 2`'4cf!✓'.:V a 41) II. STAFF COMMENTS / CONCERNS The subject lot is located in Cerise Ranch, Phase I, zoned Agricultural/Residential/Rural Density. The proposed change to the current building envelop will not exceed the required setbacks as stated in the Garfield County Zoning Resolution of 1978. This alteration actually creates a smaller building envelop and does not encroach on the approved Common/Open Space Easement. Staff has no objections to the proposed utility easement requested by Mid Valley Metropolitan District. 1 Amended Plat BOCC —11/13/06 Page 2 III. AUTHORITY Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. This request will not result in either of the two aforementioned standards; however, all other applicable state and federal restrictions shall also be met. IV. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve this amended plat request with the following conditions: 1. That all representations of the Applicant, either within the Application or stated at the meeting before the Board, shall be considered conditions of approval. 2. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, than signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in Section 5:22 of the Garfield County Subdivision Regulations. October 31, 2006 Craig Richardson Garfield County Building and Planning Department 108 8th Street Suite 201 Glenwood Springs, Co 81601 Re:Plat Amendment for Lot 1 Cerise Ranch Subdivision Dear Mr. Richardson, EXHIBIT 123 Win ergreen +lob Post Office Box 1530, Avon, CO 81620 Tel: (970) 949-4120 Fax: (970) 949-9940 150 S. Dahlia Street, Denver, CO 80246 TeL (303) 322-4119 Fax: (303) 322-4320 101 Duncan Mill Road, Suite 400, Don Mills, Ontario, Canada M3B 1Z2 Tel: (416) 449-1318 Fax: (416) 449-8541 mglazer@tube.com We are requesting a Plat Amendment for Lot 1 of Cerise Ranch Subdivision. The purpose of this plat amendment is to move the building envelope so that it no longer overlaps the utility easements. The Mid Valley Metropolitan District requested this change. Since the date of our original application submittal, we have sold Lot 1 of Cerise Ranch subdivision to MKS Investments LLC. Please find a copy of the deed enclosed as well as a letter of authorization from MKS Investments, LLC. We have also included 3 copies of the application packet. As a result, our application should be complete. Please feel free to contact us with any further questions. Thank you. Sincerely, Wi tergree Je LLC ery Sp •" el, - •naging Member GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Last Revised.: 2/2006 1 AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: (2/Ceti Se & c /, Aa Legal Description: LL, 7 / r,ti,,i s /'c /, 6 c/a/a( , t Phu e / Subdivision Name: CQv, se ieci,ne A 5" a, 4.4 s / C' > Description of Proposal: 17, chci,,e i ' 4, /oc c h.:h u / Vie. itis / di t9 i 'O lop c,, al C(? c. -f vt . I v7 11 1 Clv04"q 2 Q c" Seg.-r,e.-' is 4 j v -; 1, y > Name of Property Owner (Applicant): MC S ,,Go‹ rw7 /C G Address: 33 3 f/Qw -- L.0 `^ p Telephone: 7.-7O 6/ 1 7/5/ > City: C.et'4;,, 4ic: to State: C 0 Zip Code: ?%o F., FAX: > Name of Owner's Representative, if any (Planner, Attorney, etc): Win ttilci v _e ii--lizrr.es Lu_ , > Address: PO 13c•x 1,3-0 Telephone: Cf 7L? - gift)? - ( / > City.. f'YGn State: G 0 Zip Code: FAX: 'i7) -9461— _ STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: Zone District: Last Revised.: 2/2006 1 I. PROCEDURAL REQUIREMENTS A. One of the following 3 procedures shall apply to a request for an Amended or Corrected Plat. 1. 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. If approved, the amended plat shall comply with plat requirements outlined below (subsection B). 2. 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) School fees, 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. If 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 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. (2) Notice by mail, containing information as described under paragraph (1) 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 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. (3) If 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. If 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 include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 3 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. In 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 only 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 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. 5. Evidence of the soil types and characteristics of each type. 6. 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 fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee of $100.00 with the application. 9. 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 best of my knowledge. 1. .ture of a !• t/own- ' Ute (Sign pA� 5 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and K,.7 rJ�v,,r1 r-/-) fr L 1' (hereinafter APPLICANT) agree as follows: 1. APPLICANT has..submit ed to COUNTY an application for Amer de cl Feu, / Pk f' 0'7 1 Ceo s Act( h v 6 dive S r c ,1 (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. APPLICANT /Ilk 5 IA s4o-wk. k LLC { Sig atly D. e: (li(/GC, ___36-e-ys--( 0(1 Print Name Mailing Address: in t .may) ve›r--iiytji► L L C 3 SiLemur' Celrti cc, '216.43 10/2004 Page 4 MKS INVESTMENTS, LLC 5010 Hillsboro Avenue North New Hope, MN 55428-4006 Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Plat Amendement fro Lot 1 of Cerise Ranch Subdivision Dear Mr. Richardson, I hereby authorize Wintergreen Homes, LLC to represent MKS Investments, LLC regarding the Plat Amendment for Lot 1 of Cerise Ranch Subdivision that they are submitting to your office. Wintergreen Homes, LLC is authorized to submit the application to obtain approval for a Plat Amendment for Lot 1 of Cerise Ranch Subdivision. Wintergreen Homes, LLC is also authorized to represent MKS Investments, LLC in meetings with Garfield County Staff, the Garfield County Planning Commission and the Garfield County Board of County Commissioners. Should you have any need to contact me through the course of your review, please do so through Wintergreen Homes, LLC. Sincerely, lmly Welsh — anaging Member Local Address: MKS Investments, LLC 333 Sunflower Loop Carbondale, CO. 81623 970-618-9151 PAY TO THE ORDER OF CERISE RANCH WINTERGREEN HOMES, LLC 1063097 P.O. BOX 1530 970-949-4120 AVON, CO. 81620 Garfield County Building & Planning Dept. WESTSTAR BANK 108 S. FRONTAGE RD. VAIL, CO. 81657 970-476-4600 82-311/1021 Mechanics Lien Waiver By endorsing this check, payee waives and releases any mechanics lien rights which payee may have with respect to work performed or materials furnished by payee for which payment is made by this check. 10/9/2006 $ **100.00 598' One Hundred and 00/1 0 0***************************************************************************************************1, DOLLARS MEMO Garfield County Building & Planning Dept. 108 8th Street Suite 201 Glenwood Springs, CO 81601 Lot 1 Review Fees 11'005984It' ( . ( L021.03LL91:04 L06y309?Hi te— ED SIGNA RE ERISE RANCH Garfield County Building & Planning Dept. 1000 WG -Cerise Ran Lot 1 Review Fees 10/9/2006 5982 100.00 100.00 11/01/2006 15:40 9709499940 WINTERGREEN HOMES PAGE 02/02 a , c l ockN N. RECORDER Filed far record the day of ,A.D. , at Reception No. 8y DEPUTY. SPECIAL WARRANTY DEED TRIS DEED , Made on this day of Ormber 24. 7.006 , between CERISE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY of the County of and State of COLORADO , Grantor{s1, and M13INVESTMENTS, LLC Ahose legal address is : 333 SUNFLQWERLOOP CARBONDALE. CO 81623 , of the Grantae(s):' of the county of GARt 1ELD and State of COLORADO • WrrNESs, That the grantor, for and in consideration of tha sum of ( 5310,000.40 ) DOLLARS v.* 'Nu Hundred Tea Thousand and 00/100 ^1' the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and byll these presents does grant, bargain, sell, convey and confirm unto the arontee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying end being in the GARFIELD and state of Colorado, dcocribed as follows: LOT 1 CERISE RANCH 5UBDiVISION, PHASE 1 ACCORDING TO THE PLAT RECORDED DECEMBER 12, 21100 UNDER RECEPTION N0. 573538 COUNTY OF GARFIELD STATE OF COLORADO oleo known as street number LOT 1 CERISE RANCH, CARBONDALi3, CO 81623 TOGETHER with sll end singular end hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the 6rentorts), either in law or equity, of, in and to the nbove:bar9oined premises, with the hereditoments end appurtenances; TO HAVE: AMD TO TIOLD the said premises above bargained and described with sppurtenanees, unto the Grantee(s), their heirs, successors and assigns ferover. The Grantor, -For itself, its succeesDrs and assigns, does covenant, end agree that it shall and grill WARRANT AND FOREVER OFFEND the abovs-bargained premises in the qui at and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any pert thereof, by, through or under the Grentor(s). RXCSPr cERERAL mums AND A9SB6azuvrO FOR Tris rwt 9006 ANA Oa93E017214T MRS, Arm somas= TA.6aavicuTs, RGSCRVArsaUe RErrinrCTZONS, COMM.= AND RXTJTA o? war of Aa'COAa, IF ANS' IN V/1TP1E5S W HEI1EOIr the 1rantor(s) have executed this deed on the date set forth above. CERISE RANCH, LLC, A COLORADO LIMIFED LIAHILLTY COMPANY STATE OF COLORADO ) Ins. County of C:ARFTELD ) The foregoing instrument wag acknowledged before me on this day of Omoher24, 2005 • by 1EFFERY M. SPANEL, MANAGER WINTERGREEN HOMES LLC. NfANAGER OF CERISE RANCH, LLC. A COLORADO LIMITED LIADILITi' COMPANY My commis ei On expires 51.9"jo`t Witness my hand and official Seal. • A otnry Public Nene and Address of Person creating Newly Created Legal. Doser:pi:ion ( 30-35-106.5, Escrowft CR249879 Title# GP2491179 When Recorded Return to: NRS INVESTWENTS, LLC 333 9!NrLOWE11 LOOP CARBONDALE, CO O?623 Form 432 01/17/03 SPEC.WD.OP@N WARRANTY DEED CPhotegre•hie-Open) ' %39962492 EXHIBIT C 6:00 AMENDED AND CORRECTED PLATS - As authorized by C.R.S. Section 30-28- 133(a). 6:10 An amendment may be made to a recorded plat, if such amendment does not increase the number of subdivision lots or dwelling units, result in the major relocation of a road or add new roads. The amended plat shall be submitted with a narrative explanation of the reason for the application and the consent of all land owners involved to the Garfield County Planning Department for review and comparison with the previously recorded plat. Any proposed amended plat 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 following standards and public meeting requirements: The Board shall consider the amended plat request at a scheduled Board meeting. 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. 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 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. (2001-87) (2) Notice by mail, containing information as described under paragraph (1) 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 receipts shall be presented at the meeting by the applicant. (2001-87) (3) 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. (2001-87) The following supplemental information regarding the proposed amended plat shall be filed with the application: A. Copy of the deed showing ownership in the applicant, or a letter from the property owner(s), if other than the applicant; B. 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; C. Evidence of the soil types and characteristics of each type; D. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; E. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; F. Narrative explaining why the amended plat is being requested; The Board shall not approve an amended plat unless the applicant has satisfied the following criteria: A. All Garfield County zoning requirements will be met; B. 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; C. 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; D. All state and local environmental health and safety requirements have been met or are in the process of being met; E. Provision has been made for any required road or storm drainage improvements; F. Fire protection has been approved by the appropriate fire district; G. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and H. School fees, taxes and special assessments have been paid. Any proposed amended plat relocating two (2) or less property lines common to two properties, may be approved by the Board of County Commissioners at a public meeting. (99-096) 6:20 If approved, 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 and recorded in the Clerk and Recorder's Office of Garfield County within ninety (90) days. The Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at least the information as outlined in Section 5:22 of these regulations. (99-096) 6:40 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. The corrected plat shall be submitted to the Planning Department with a narrative explaining the reason for the plat correction, for review and comparison with the Preliminary Plan. Within thirty (30) days of submittal, the corrected plat shall be brought before the Board of County Commissioners for review and decision. If approved, the plat shall be signed and recorded, as required of any Final Plat and noted in Section 5:10.(99-096)