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HomeMy WebLinkAbout1.01 Completeness LetterMark Chain Consulting, LLC Page 1 August 5, 2020 Glenn Hartmann, Principal Planner Garfield County Department of Community Development 108 81h St., Suite 401 Glenwood Springs, CO 81601 RE: Completeness Review — Froning Subdivision Preliminary Plan Minor Modification (PPAA-07-20-8797) Dear Glenn: Thank you for your letter of August 4, 2020. I am providing this additional supplement to address the issues outlined in that letter. 1. The list of property owners within 200 ft of the subdivision is attached. I am including a separate file for each of the two existing properties. Both physical and mailing addresses are included. 2. Mineral Rights Owners. The owners of the two lots presently comprising the Froning Family Subdivision appear to own the mineral rights. The Certification of Mineral owner Research is attached. This research was done by a qualified title examiner at the time of the Preliminary Plan application. I must apologize as since this Item was submitted with the original Preliminary Plan at that time and nothing has changed in the ensuing 9 years, I did not include this item in the Preliminary Plan Modification request. Therefore, I am attaching the information submitted at that time — which was Section 23 of the Preliminary Plan application. See attached. 3. Submittal Waivers. You have requested that the submittal waiver summary needs to be supplemented with responses to the Submittal Waiver Criteria contained in Section 4 — 202 of the LUDO. The Submittal Waiver Summary in the application included a chart which stated the reason or had a comment why the particular item/report was not being 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 2 submitted. In certain cases, such as the Grading/Drainage Plan or the Water/wastewater plans, the actual plans and reports remain the same. In other cases, such as the Landscape Plan required per Section 4 — 203 F; there was no formal landscape plan for the project. Regardless, we are attaching with the Submittal Waiver Summary chart responses contained in Section 4 — 202. We are responding to the criteria one time and will try to include all listed reasons for requesting the waiver; there are certain nuances, so we are trying to keep the responses as simple and straightforward as seems appropriate. Please let me know if you have any questions or if you need additional information for your review. Thanks in advance for your cooperation. Sincerely, Mark, Citain, Mark Chain, Planner 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net PROPERTY OWNERS WITHIN 200 FEET Parcel # 239316300954 239327200003 239327200019 239327200031 239327200032 239327200038 239328400020 239328400021 239328400022 Physical Address Parcel # 2393-272-00-031 Property Owners within 200 ft. Owner Not available CARBONDALE BUREAU OF LAND MANAGEMENT 749 107 COUNTY RD CARBONDALE STRAllA, ANN E & CRAIG R 782 107 COUNTY RD CARBONDALE QUISENBERRY, RICHARD S JR & NANCY JO Not available CARBONDALE HATCHETT, KAREN F& JOHN W 700 107 COUNTY RD CARBONDALE FRONING, PAUL ALAN & LINDA SINGER 909 107 COUNTY RD CARBONDALE OSIUS, ALSION K & BENGE, MICHAEL L 120 HILLTOP LN CARBONDALE CONKLIN, MICHAEL BLAINE 186 HILLTOP LN CARBONDALE 214 HILLTOP LN CARBONDALE BAKER, MARK E & DOLLIANNA L NADELL, JAMES Account # R043957 R011019 R011586 R111549 R111550 R111993 R011158 R011186 R011187 Mailing Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 275 S MILWAUKEE STREET DENVER, CO 80209 782 COUNTY ROAD 107 CARBONDALE, CO 81623 756 BROOKHOLLOW LANE BARTLESVILLE, OK 74006 PO BOX 545 CARBONDALE, CO 81623-0545 PO BOX 1972 CARBONDALE, CO 81623-4972 PO BOX 1301 CARBONDALE, CO 81623 PO BOX 787 CARBONDALE, CO 81623-0787 PO BOX 1922 CARBONDALE, CO 81623-4922 Parcel it 2393-272-00-032 Property Owners within 200 ft. Parcel # Physical Address Owner Account # 239316300954 Not available CARBONDALE BUREAU OF LAND MANAGEMENT R043957 239327200019 782 107 COUNTY RD CARBONDALE QUISENBERRY, RICHARD SJR & NANCY JO R011586 239327200031 Not available CARBONDALE HATCHETT, KAREN F& JOHN W R111549 239327200032 700 107 COUNTY RD CARBONDALE FRONING, PAUL ALAN & LINDA SINGER R111550 Mailing Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 782 COUNTY ROAD 107 CARBONDALE, CO 81623 756 BROOKHOLLOW LANE BARTLESVILLE, OK 74006 PO BOX 545 CARBONDALE, CO 81623-0545 LISTING of MINERAL RIGHTS OWNERS CERTIFICATE of MINERAL OWNER RESEARCH Garfield County CER!3FICATION OF _l ECERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LDDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner j Mailing Address of Mineral Owner 4441, Itt L t}'—Cl) 44 7-12,4kAm6- a 5.0->L S `tc `B L,cn 71 1 L () dLIc)3 &}-$.e-N g �UYlN 1-14"I ew OTT" U LA -1.4 C lc -1 Lf 004 ___C Sh4L- '1_'�Vi ta- O '? Tr(ort.l7 I c c-4-6- •" cjMi+ [ 0 (R*c f k 14 - 6- 5 6 —t-LlCSct-, I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Appti ant's Signature Date /e Alpine West Consulting, LLC Land Services Ph: (970) 309-8707 Fax: (970) 963-0459 alpinewestconsulting@comcast.net November 29, 2010 I have done a thorough search of the Garfield County records of the properties owned by the Froning Family, known as parcels # 2393-272-00-031 and 2393-272-00-032. I searched this property in the public records of Garfield County from the current owner back until the property was patented in 1924. I was able to put together a complete chain of title without any gaps. I reviewed the title specifically for the purpose of identifying any record mineral interests existing on the property. My findings are listed below: 1. I reviewed each conveyance deed to determine whether or not any mineral rights had been retained through each transfer. I did not find anywhere in the chain of title where the mineral were retained by a previous owner. Any mineral rights that existed on the property appear to have been conveyed with each subsequent transfer, and do not appear to be severed. Summary: It is my opinion that the mineral rights appear to not be severed from this property and that the leasehold interests no longer exist. Researched and Examined By: Arne Simonsen Title Examiner This report is for informational purposes only and does not constitute any form of title guaranty or insurance. The liability of this company shall not exceed the charge paid by the applicant for this report, nor shall the company be held liable to any party other than the applicant. This report does not constitute any form of legal counsel and is merely a collection and summary of the Public Records that were reviewed. Arne Simonsen National Association of Realtors — Active Member Colorado Association of Realtors — Active Member Aspen Board of Realtors — Active Member Colorado Licensed Real Estate Broker since 1995 Alpine West Real Estate Company, LLC Active Representing buyers and sellers in residential and commercial real estate transactions Established 2005 Owner/ President Alpine West Consulting, LLC Active Land Services company representing property owners with title issues, boundary discrepancies, tax protests, management, market analysis, and land use. Established May 2009 Owner/President Senior Title Examiner /Title Manager July 2002 — April 2009 Land Title Guarantee Company, Aspen, CO Responsibilities included: searching the chain of title, reviewing and recording plats, writing title commitments, assisting public, brokers, and attorneys on a daily basis, responsible for all title work in Pitkin and Garfield Counties, management of staff and maintaining customer service, projects have included Snowmass Base Village, Grand Hyatt, Obermeyer Place, Dancing Bear Lodge, and Burlingame Ranch. Executive Assistant/Special Projects Coordinator June 1999 — June 2002 ScenicWest Real Estate, Keystone, CO Responsibilities include: internet site development, contract preparation, sales and marketing, closing management, prepare newsletter, perform market analysis, researching density transfers, daily project development decisions, maintain customer and homeowner relations, prepare punch lists, evaluate new projects, preparation for rezoning and site plan submissions for public approval process. Title Examiner June 1995 — June 1999 Ten Mile Title Inc., Breckenridge, CO Responsibilities included: searching the chain of title, reviewing and recording legal documents, checking and issuing title insurance policies, inspections for construction draw disbursements, reviewing and writing title commitments, individually responsible for all time-share title work, working with the public on a daily basis. Education: Bachelor of Arts, Business Administration, 1994 Trinity Western University, Langley, British Columbia, Canada Colorado Insurance Commission Title Examiner License, 1998 Spring School of the Land Title Association of Colorado Paul Alan Froning and Linda Singer Froning Parcel # 239327200032 Garfield County A Tract in Lot 4 Section 27, Township 7, Range 88W Recept. Book Page Date No. Doc Type Grantor Grantee Comments 9/2/2008 755267 SWD Paul Alan Froning and Linda Singer Paul Alan Froning and Linda Singer Froning 671 911 7/8/1985 363156 WD Paul E. & Virginia Lappala Paul Alan Froning and Linda Singer Froning 436 409 10/10/1972 255605 WD Daniel W. Stroock Paul E. & Virginia Lappala 404 220 8/25/1969 WD John L. & Olive M. Heuschkel Daniel W. Stroock 112 581 8/24/1924 Patent United States of America John L. Heuschkel Book Page Date Recept. No. Hatchett-Froning Parcel # 239327200031 Garfield County Doc Type Grantor A Tract in Lot 4 Section 27, Township 7, Range 88W Grantee Comments 1561 568 11/24/2003 646703 QCD 1544 709 11/21/2003 642383 QCD 1117 643 2/27/1999 541170 QCD 771 319 1/9/1990 409230 QCD 671 916 7/8/1985 363158 WD 436 409 10/10/1972 255605 WD 404 220 8/25/1969 WD 112 581 8/24/1924 Patent Carol L. Froning Revocable Trust Carol L. Froning Revocable Trust Froning Family Revocable Trust H. Robert Froning & Carol L. Froning Paul F. Lappala & Virginia Lappala Daniel W. Stroock John L. & Olive M. Heuschkel United States of America Karen F. & John W. Hatchett, Donald M. & Billie J. 1/2 interest only Karen F. & John W. Hatchett, Donald M. & Billie J. Re-record of 1561/568 Carol L. Froning Revocable Trust Froning Family Revocable Trust H. Robert Froning & Carol L. Froning Paul E. & Virginia Lappala Daniel W. Stroock John L. Heuschkel RESPONSES TO SUBMITTAL WAIVER CRITERIA - SECTION 4 - 202 Item REQUESTED SUBMITTAL WAIVER SUMMARY Code Section Reason/Comment Grading/Drainage Plan Landscape Plan Traffic Study Water/WW Plans Open Space Plan Map Improvements Agreement CC&R's 4-203 E Unchanged 4-203 F No Formal Landscape Plan for project. Some ornamental landscaping and small irrigated area supplied with information at time of building permit. No change. Same # of units and lots. No Change 4-203 L 4-203 M/N 5-402 G No change. No common opens space area or parcels being set aside for benefit of lot owners. 4-203 K Being updated as apart of Final Plat Application 5-402 I Being modified as part of Final Plan Submittal Section 4 — 202 C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; Response: The right-hand column in the submittal waiver summary chart indicates the reason for the submittal waiver for the plan/item noted by appropriate code section. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: There are limited or no impacts that will occur in the general area or to the property as a result of the preliminary plan modification. The Modification is for minor changes to the building envelopes 4 of the 5 Tots in the proposed subdivision. The change does not impact any civil engineering related to the project. There is also no increase in density nor did the changes impact any dimensional criteria related to the underlying zone district. As a matter fact, it would be very difficult for a layperson or someone not totally familiar with the application to see any changes for 3 of the 4 proposed building envelopes 3. The waiver does not compromise a proper and complete review; and Response: Any of the plans or requirements associated with the submittal waiver requests do not hinder any review of the application. Only the envelopes have been tweaked. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: None of the submittal waiver items have anything to do with the actual modification — slight changes to the building envelopes. They do not affect any of the other standards or criteria contained in the UDC Note: The Improvements Agreement required by Section 4 — 203 (K) and the Covenants required by Section 5 — 402 (1) are in the process of being modified per Final Plan LUDC requirements. Those changes are not finished at this time but will be submitted with the Final Plan all other submittal waiver items will be resubmitted as necessary with the Final Plan.