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HomeMy WebLinkAbout1.00 General Application MaterialsAPPLICATION FOR ADMINISTRATIVE REVIEW RICHARDSON MINOR SUBDIVISION 31.35 COUNTY ROAD 134 GLENWOOD SPRINGS, COLORADO APPLICANT: DARYL TYE RICHARDSON 3135 COUNTY ROAD 134 GLENWOOD SPRINGS, CO 81601 SUBMITTED BY: JOHN L. TAUFER & ASSOCIATES, INC. LANDSCAPE ARCHITECTUREILAND PLANNING P.O. BOX 2271 GLENWOOD SPRINGS, CO 81602 RESOURCE ENGINEERING, INC. CONSULTING ENGINEERS AND HYDROLOGISTS 909 COLORADO AVENUE GLENWOOD SPRINGS, CO 81601 SURVCO, INC. LAND SURVEYORS P.D. BOX 2782 GLENWOOD SPRINGS, CO 81602 September 3, 2019 TABLE OF CONTENTS APPLICATION........................................................... . ......... 2 PAGES PRE -APPLICATION CONFERENCE SUMMARY .......................... 8 PAGES PROPERTY OWNERSHIP ....... . .................................................1 PAGE TITLE COMMITMENT ......................................... . ..........5 PAGES VICINITYMAP ...................................................... , ................ 1 PAGE ADJACENT PROPERTY OWNERS..............................................1 PAGE & MINERAL RIGHTS HOLDERS ............. . ..................................2 PAGES PROJECT SUMMARY ............. . ................................................5 PAGES STANDARDS -SECTIONS 7, DIVISION 1,2,3 and 4 ..........................7 PAGES IMPACT ANALYSIS.................................................................2 PAGES WAIVER OF STANDARDS.........................................................1 PAGE WATER SUPPLY/WASTEWATER WATER RIGHTS SUMMARY . ......................................... 3 PAGES WELL PERMITS.............................................................4 PAGES EXISTING WELL PUMP REPORT & WATER ......................19 PAGES QUALITY ANALYSIS WEST DIVIDE WATER CONSERVANCY DISTRICT.............12 PAGES CONTRACT EXISTING ONSITE WASTEWATER SYSTEM PERMIT ........... 3 PAGES SOILS...................................................................................4 PAGES Intl a I 8_110 WILL SERVE LETTER - HOLY CROSS ELECTRIC ................1 PAGE ASSOCIATION HOLY CROSS EASEMENT..............................................2 PAGES DECLARATION OF PROTECTIVE COVENANTS ........................7 PAGES ROAD SHARING AGREEMENT..............................................3 PAGES GRADING PERMIT...............................................................1 PAGE DRIVEWAY PERMIT......................................................... 5 PAGES APPENDIX........................................................................ 1 PAGE LETTER OF AUTHORIZATION......................................1 PAGE GARFIELD COUNTY PAYMENT AGREEMENT FORM........ I PAGE ECGarfield County Community development Department 108 8t' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.aarfield-county.com DIVISIONS OF LAND APPLICATION FORM TYRE OF SUBDIVISION/EXEMPTION �✓ Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch[] Pre] iminary[::�inal Q Common Interest Community Subdivision _0 Conservation Subdivision [] Public/County Road Split Exemption [] Yield OSketch =Preliminary�Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVE PARTIES Owner/Applicant Name: Daryl Tye Richardson Mailing Address: P.O. Box 1$1 City: Glenwood Springs E-mail: daryltye55@gmail.com Representative (Authorization Required) Name: John L. Taufer Mailing Address: P.O. Box 2271 City: Glenwood Springs E-mail:jlt@sopris.net sopris.net State: CO Phone: (970 )945-0346 Zip Code: $1602 Phone: (970 )945-1337 State: CO Zip Code: $1602 PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: z t-0 � Physical/Street Address: 'q Z-7 Leeal Description: W 112 SW 1/4 SW1/4 of Section 14, T. S. 6 South, Range 90 West of the 6th P.M Zone District: RLlral— Property sire (acres): 41.3$1 Project Description Existing Use: Residential; Agricultural Proposed Use (From Use Table 3-403): Residential; Agricultural Description of Project: Subdivide a 41.381 parcel of property into two (2) residential lots. Improve entry drive and provide emergency vehicle turnaround. Proposed Development Area Land use Type # of Lots # of Units Acreage T Parking Single Family 2 2 41.381 4 Spaoes Duplex Multi -Family commercial _ Industrial Open Space Other Total 1 2 1 2 1 41.381 1 4 Spaces REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. list: Section: Section: Section: Section: Waiver of Standards ® The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: _"l - z 3 [" R1 Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Poperty Owner OFFICIAL USE ONLY File Number: _�__ _ --- Fee Paid: $ fl-z4LZ Date August 9, 2019 Claire Dalby, Planner Garfield County Community Development Department 108 W. 81, Street Glenwood Springs, Colorado 81 601 Re: Letter of Authorization — Daryl Tye Richardson Property ( Parcel No. 239308300013) Claire, I, Daryl Tye Richardson, hereby authorize John L. Taufer, John L. Taufer & Associates, Inc. to act on my behalf regarding the Richardson Minor Subdivision process through Garfield County, Colorado. Date: % b Daryl e Richardson Garfield County PAYMENT AGREEMENT FORM GAR FIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Daryl Tye Richardson agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Richardson Minor Subdivision 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Daryl Tye Richardson Billing Contact Address: P.O. Box 181 City: Glenwood Springs Billing Contact Email: daryltye55@gmail.com Phone: (970) 945-0346 State: CO Zip Code: Printed Name of Person Authorized to Sign: rr` ���]T�T �/ /'`f�� {Sig ature) (Pate) JOHN L. TALJFER & ASSOCIATES, INC. Landscape Architecture 1 Land Planning September 3, 2019 Claire Dalby, Senior Planner Garfield County Community Development Department 109 W. 8a` Street Glenwood Springs, Colorado 81601 Re: Project Narrative — Richardson Minor Subdivision Dear Claire, On behalf of Daryl Tye Richardson, 1 am pleased to submit this application for approval for a two (2) lot Minor Subdivision on a 41.38 acre parcel of land located at 3135 County Road 134 ( South Canyon). The parcel is zoned Rural. Mr. Richardson has lived in South Canyon, for the most part of his life. He currently resides on the property in the residence his father built in approximately 1974. His desire is to convey the additional lot to his daughter and son-in-law. PROJECT SUMMARY Existing Property Conditions The property is a 41.38 acre parcel of land located at 3135 County Road 134 approximately 3.5 miles south of the 1 -70 -South Canyon interchange. As previously mentioned, an existing residence and some outbuildings are located on the property. The structures are located on the west side of South Canyon Creek. An existing driveway, intersecting with County Road 134, serves the residence. The east and west portions of the property slope rapidly downward to form a valley floor which runs from south to north. South Canyon Creek runs along the length of the property in a south to north direction. The vegetative associations, on the 40 acre parcel, consist of spruce, fir and aspen, on the west side of the property, and juniper, gambel oak, serviceberry and mountain mahogany on the eastern slopes. The vegetation along the valley floor consists of willows and native grasses. Adjacent Land Uses Adjacent land uses consist of public lands (City of Glenwood Springs) to the east, west and north; a large, private ranch to the south and more private large tracts abutting the property. 909 Colcrade Avenue s Box 2231 ■ Glenwood Springs, CO 81 B02 (970) 945-1 337 ■ FAX (970) 94S-7914 The closest proximity of existing residential units are located to the south, on the adjoining property, and at the end of County Road 134. Proposed Development The applicant is proposing to develop a two (2) lot subdivision on a 41.38 acre parcel. Lot 1 would be approximately 22.94 acres in size while Lot 2 would be approximately 18.44 acres. An existing, single family residence and some outbuildings are located on Lot 1. Lot 2 would be occupied by a single family residence. Access and Driveway As previously mentioned, access from a public road is via County Road 134. The access point and driveway alignment will remain the same as the existing driveway but improvements at the County Road 134 intersection and a slight widening of the road are anticipated. The driveway entrance will be moved slightly uphill to intersect the county road at a ninety (90) degree angle and the width of the entrance will be a minimum of thirty (34) feet. In addition, an emergency vehicle turnaround has been included at the end of the access driveway. The projected ADT of 24 would classify the access driveway as a primitive driveway. The driveway will have a twelve (12) foot minimum roadway platform. The road surface will consist of native material. The roadway design cross section conforms to the standards of a primitive roadway, as detailed in Table 7-107, Roadway Standards. A Grading Permit and Driveway Perinit have been approved by the Garfield County Building and Garfield County Road and Bridge departments. On -Site Parking Each lot will include on-site parking for a minimum of two (2) vehicles. Lot 1 currently has enough space for 4 vehicles. Potable Water Supply and Distribution The source of water for the 2 lots will be from individual wells. The existing residence is served from an existing well, located south of the residence. The well was permitted as an Exempt 35 acre well in March 2008, permit # 276979. Because the property will be subdivided, a second well on the 40 acre parcel is prohibited under the exempt well permit provisions. As a result the existing well permit is not valid. A West Divide Water Conservancy District ( WDWCD) Water Allotment Contract 2 (No. 190418DR(a) ) was obtained to allow for the existing well on Lot 1 and the new well on Lot 2. Well permits were obtained for Lot 1 ( Permit No. 83278-F) and for Lot 2 ( Permit No. Permit No. 83279-F) from the Division of Water Resources (DWR) pursuant to the WDWCD Contract. A pump test was performed on the existing well in January 2019. Results of the pump test resulted in a pump rate of 20 gallons per minute (GPM) and remained at that rate for the entire 4 hour pump test. Given the long term yield at low seasonal groundwater conditions, it is the opinion of Michael Erion, P.E., Resource Engineering Inc, that the alluvial aquifer is capable of supplying the demands for both lots and a second well can be developed for Lot 2. Water samples were also gathered, during the pump test, on the same day. The samples were shipped to Colorado Analytical Laboratories lab for water quality analysis. The results of the water analysis show that the water meets primary and secondary drinking water standards except for total dissolved solids (TDS). There is no health effect from the TDS other than a salty taste issue. The water is also hard but can be treated with water softening equipment. A more detailed water analysis and report, prepared by Michael Erion, P.E. is included in the application. Wastewater Disposal Sewage disposal, for both lots, will be from On -Site Wastewater Treatment Systems (OWTS ). The existing residence, on Lot 1, is presently being served by an existing DWTS. The existing system is comprised of a 750 gallon tank and leech field. The system was permitted (Permit No. 155A, by Garfield County Department of Environmental Health) in 1973. A copy of the permit is included in the Water/Wastewater section of this application. The new O WTS, for Lot 2, will be designed by a professional engineer licensed to practice in the State of Colorado. The design will be based on percolation testing results and soil profile trench analysis. Per Michael Erion, P.E.., the soils are adequate to develop a conventional QWTS system on Lot 2. Grading and Drainage Since the development of the property is limited, very little site grading will be necessary. The existing access driveway will be utilized as the subdivision access drive. The owner is proposing to improve the drive by widening the road platform by two (2) feet and improving the angle of the access drive intersection and County Road 134 to a ninety (90) degree angle. In addition, an emergency vehicle turnaround is proposed at the end of the drive. The only other grading will be for the new residence, on Lot 2, and improvements to an existing driveway that leads to the building location for the new residence. Garfield County Building Department issued the applicant a Minor Grading Permit for the access road improvements. The site drainage will not be impacted or changed as a result of the proposed improvements. Traffic The two (2) lot subdivision will generate approximately 20 average vehicle trips daily (ADT). The figure is based on ITE Trip Generation Report 10`h Edition for a single family residential unit. The figure is based on a single residential use that generates ten (10) ADT's. Geologic Assessment According to the United States Department of Agriculture Soil Survey, the underlying soils on the property have some limitations in regards to ❑WTS and building foundations but with specific engineering solutions these limitations can be mitigated. There appears to be no geologic hazards associated with the property. Utilities Electrical power will be provided by Holy Cross Energy. An existing Holy Cross electrical line runs through the property in a north to south direction. A twenty (20) foot Holy Cross easement runs the length of the line through the property. The easement is shown on the plat. Telephone service is provided by Century Link. An existing telephone pedestal is located at the subdivision entrance at County Road 134. Liquid propane gas furnishes the existing residence and will also furnish the proposed new residence on Lot 2. Fire Protection The existing residential structure, on Lot 1, is located in a clearing and has an adequate wildfire defensible space surrounding the structure. The owner is extremely conscientious about maintaining the defensible space. 4 The new residence, on Lot 2, is located in a clearing as well. A thirty (30) foot defensible space around the structure will be developed and maintained as well. The subdivision access drive has been improved to better accommodate emergency vehicles. In addition, an emergency vehicular turnaround has been added at the end of the access drive. Greg Bak, Fire Marshall, with the Glenwood Springs Rural Fire Protection District has been to the site and has reviewed the drawings for the access roadway improvements. Development Agreement The applicant has commenced with improvements to the access drive and prior to the approval of this application or upon issuance of a development permit. No project phasing is anticipated. Mineral Owners of Record According to Casey Lawrence, Mineral Clerk, Garfield County Assessors Office, all the mineral rights, on this parcel, are owned by C13 Minerals. A copy of the Notice of Mineral Estate Ownership, is included in this application. Upon review of the application, if you have questions or need additional information, please do not hesitate to contact my office. Sincerely, L John L. Taufer, Owners Representative 5 JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning September 24, 2019 RECEIVED SEP 2 4 2019 Claire Dalby, Planner G A k F I E L D C o u wr Garfield County Community Development Department COMMUNITY OPIEWPi�11`' 108 Eighth Street Suite 401 Glenwood Springs, Colorado 81601 Re: Richardson Minor Subdivision ( File No. MISA-07-19-8741) -Additional Submittal Information Requested by County per Letter dated September 11, 2019 Dear Claire, Please find the requested submittal information either noted or attached per your request for additional information. 1. Certification of Mineral Owners research form ( attached). As described in the MINERAL DEED (attached) recorded July 22, 2008, ( Reception No. 752841) of the records of Garfield County, Roaring Fork Properties, LLC owns 100% of the oil and gas mineral estate in the Richardson property Section 14, Southwest Quarter (SW 1/4),( Parcel No. 2183-143-00-084). Also attached is an updated Title Commitment. 2. Current surrounding property owners (attached). 3. Completed Colorado Geological Survey form and accompanying check for $ 600.00 ( atttached). 4. Preliminary Cost Estimate for water and wastewater improvements (attached). Access roadway improvements have been completed at owners expense. Improvements completed per access -roadway design plan completed by SGM, Inc., dated August 6, 2019 and submitted to Garfield "County Road and Bridge Department for Driveway Permit. Driveway Permit is included in the -original application. 5. There are no ditches on the Richardson property. According to our surveyor Sam Phelps, SURVCO, Inc., title companies use this standard language that there is a reservation in every property originally conveyed by U.S. Patent. The patent language contains a clause that the property is subject to "ditches and canals as constructed under the authority of the United States". This reservation, as well as others, are addressed in the Surveyor's Notes, note #5. 6. Minor Subdivision Review Criteria( Section 5-301-C: 1. The application complies with the requirements of the Rural (R) zone district and complies with Standards in Article 7, Divisions 1,2,3 and 4 of the Garfield County Land Use Code. Refer to explanation in the narrative regarding General Standards, Section 7-101. 2. The application is in general conformance with the Comprehensive Plan. Refer to explanation in the narrative regarding Division 1, Section 7-102. 3. The application demonstrates evidence of a legal, physical , adequate and dependable water supply for each lot. Water report, prepared by Resource Engineering, Inc., included in the application. 4. Legal and historic access is from County Road 134. Driveway Permit included in the application material. 5. The necessary easements have been obtained or are already in place. The access easement, for both lots, is depicated on the Plat. 909 Colorado Avenue • Box 2271 • Glenwood Springs, CO B 1 602 (970) 945-1337 0 FAX (970) 945-7914 6. The subdivision is able to provide an adequate sewage disposal system for Lot 2. Lot 1 has an existing system in place. Wastewater report, prepared by Resource Engineering, Inc., is included in the application. 7. Any identifiable hazards on the property will be mitigated to the extent practicable. 8. An estimate of probable construction costs for the water and wastewater improvements, for Lot 2, are identified in the cost estimate, prepared by Resource Engineering, Inc. (attached). The access roadway improvements have been completed and paid for by the applicant. The applicant will pay, out of pocket, for the water and wastewater iinprovements on Lot 2. 9. According to the Garfield County Treasurer, the property taxes have been paid. 10. All road and impact fees will be paid prior to Final Plat. 11. The Final Plat will meet the requirements per Section 5-402F, Final Plat. If you have questions or need additional information, please contact my office. Sincerely, John L. Taufer, Owners Representative Attachments Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.earfield-countv.com TAX PARCEL NUMBER: 2183-143-00-084 PROJECT: Richardson Minor Subdivision OWNERS/APPLICANT: Tye Richardson REPRESENTATIVE: John Taufer DATE: December 19, 2018 PRACTICAL LOCATION: 3135 County Road 134 Glenwood Springs, CO 81602 ZONING: Rural TYPE OF APPLICATION: Minor Subdivision GENERAL PROJECT DESCRIPTION The Applicant owns 40 acres of property approximately 4 miles west of Glenwood Springs and desires to subdivide it into three lots. The proposed lots must meet the Rural minimum lot size of two acres. A single family home currently exists on the parcel with access off County Road 134. Staff understands that the parcel is served by an existing well and a spring with accompanying water rights. The applicant has indicated that another well would be drilled to be shared between two parcels which is feasible as the parcel resides within the West Divide Water Conservancy District. Staff recommends that the applicant contact West Divide and the Division of Water Resources at (970) 945-5665 to determine what is required for legal well permitting. A water quality test and 4 -hour pump test will need to be conducted for each well (including the existing well) prior to the application in accordance with Section 4-203(M)(1)(b)(5). The applicant may request that water quality and quantity tests be conducted as conditions of approval. Should any well be proposed to be shared, then a draft well sharing agreement will need to be submitted with the application along with demonstration of necessary easements for the well and any necessary water lines serving the parcels. The applicant will need to provide a demonstration that the existing OWTS is adequate to serve the use. The applicant will need to indicate their plan for any wastewater plans for undeveloped parcels. The existing residence is served by a driveway accessing directly off CR -134. The applicant has indicated that either separate driveways or a shared driveway accessing off CR -134 to serve the new lots would be constructed. All access roads and driveways need to conform to the dimensional requirements in Section 7-107 of the LUDC. In addition, any future driveways and access roads will need to be built to the standards outlined in Section 7-107. Should the access driveway be located on any adjacent parcels, than an access easement will need to be created for that access driveway to the parcel it is serving. Access roads will need to physically be constructed to the property line, prior to Board approval of the subdivision. The applicant will need to create a plat for the subdivision. The applicant's Surveyors should Insert Certificates as prescribed by the County for the necessary signatures. The plat will need to include all information as described in Section 5-402(F), including the name and addresses of the surface owners and mineral estate. The applicant will also need to submit a title commitment for the subject property and ensure that the plat states that all easements and encumbrances identified in the commitment are accurately shown on the plat. Proof of ownership is required to process the application. The property owner, per County assessor records, will need to sign the application and provide a letter of authorization for anyone else who will be working on the Subdivision, It is understood that no Codes Covenants or Restrictions (CCR's) affect the subject property but that they are proposed for the subdivision. A draft of these CCR's should be submitted with the application. The LUDC also requires an engineer's report for: (A) Roads, Trails, Walkways and Bikeways; (C) Sewage Collection and Water Supply and Distribution System; (E) Groundwater Drainage and (H) Preliminary Cost Estimates for Improvements. As the application needs to be referred to the Colorado Geologic Survey, the referral form (attached) needs to be submitted with the application along with the applicable fee. II. COMPREHENSIVE PLAN - ZONING The property is designated Residential Medium High (R -MH) with a density recommendation of 2 to < 6 acres per dwelling unit. The Application should address the proposal's compliance with this density recommendation. Ill. REGULATORY PROVISIONS APPLICANT 15 REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-301 Minor Subdivision • Table 5-103 Common Review Procedures and Required Notice • Section S-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates. • Section S-402 Description of Submittal Requirements including Final Plat ■ Section 4.103 Administrative Review (public notice) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. ■ Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: General Application Materials a Signed Application Form o Signed Payment Agreement Form and application fees o Proof of ownership (copy of deed, title work) and information on any lien holders. a A narrative describing the request and related information o Names and mailing addresses of properties within 200 feet of the subject property. • Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessor database, memo attached). o If owner intends to have a representative, a letter of authorization to represent is needed. A copy of the Pre -application Summary needs to be submitted with the Application. Vicinity Map including areas within approximately 3 miles. Site Plan and related information (some may be shown on the proposed plat) including topography, existing improvements, infrastructure, irrigation ditches, and significant features. The site plan should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Water Supply Plans needs to include details on legal water (well permit and/or draft contracts with Water Conservation District), well production tests, and water quality tests. Should the Applicant wish to delay drilling of the new well as a condition of approval, waiver requests are needed. Waste Water Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. County permits for the existing system need to be provided. Information as applicable to demonstrate compliance with provisions of Article 7 Standards, Divisions 1, 2, 3, and 4. Final Plat meeting the standards in Section 5-402(F) and all required Certificates. Form and payment for the Colorado Geological Survey (CGS) review. The payment check for this referral should be made out to the Colorado Geological Survey. Engineering Reports, as applicable per Table 5-401, Minor Subdivision, A (Roads, Trails, Walkways, and Bikeways), C (Sewage Collection and Water Supply and Distribution System), E (Groundwater Drainage), and H (Preliminary Cost Estimates for Improvements). Information on the adequacy of the access driveways to serve the proposed lots to meet the dimensional standards in Section 7-107 (Public Right of Way to each subdivision parcel). A copy of the Roadway Waiver policy is attached if the applicant cannot demonstrate the existing driveway meets requirements. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including; ■ Pre -Application meeting ■ Submittal of Application (3 hard copies & one copy on flash drive/CD) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Director's Decision ■ Provision of additional copies of the Application for referrals • Public Notice to Property Owners within 200 ft. and mineral rights owners of the Applicant's property • Director's Decision 10 Day Call-up Period ■ Finalizing the Minor Subdivision Plat and any required conditions ■ Circulation of the plat for Applicant & Other Signatures ■ Board of County Commission Signing the plat as a consent agenda item. The Application may be called up for review by the Director and the Board of County Commissioners or the Applicant and any affected Adjacent Property Owner can request a Call -Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): X Directors Decision (with public notice) Planning Commission Board of County Commissioners 4 Board of Adjustment Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Vegetation Manager, Colorado Geological Survey, Colorado River Fire Rescue District, Colorado Parks and Wildlife. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colo -Geological Survey - others tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VIt. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE -APPLICATION SUMMARY PREPARED BY: December 19, 2018 Claire Daiby, Planner Date A-� Garfield Count/ Administrative Review Process (Section 4-1031 a May bewalved byVirector ■Applicant has 6 ►ninths tig submit aprA catiors -IGbusine-A days to rev;,ew -If tncompiete, 60 days to remedy deficiencies *Mailed to adj►cent property owswers-PA thin 200 feet and rnmeral owners at least 15 days ptior to decision dater -21 day comment period s all -up Flew�od - within 10 days of DI recta's Deusron eApplicant has 1 yea r to meet any vvrKlitions of approval ■IIIlilyWh1III1 Roco -i—#: 895467 0711BPY011 M Wj 69 PN dean Rlberlce 1 .1 ' R.c F. 11.00 0— F-0 00 GCpRfrY EO SPECIAL WARRAY17Y DEE THIS DEED made this day of�_ P'IUG-� 2011, between the SOU -111 CANYON FAMILY PARTNERSHIP, LLLP, of the County of Garfield, State of Colorado, Grantor, and, DARYL TYE RICHARDSO N, whose address P.O. Box 181, Glenwood Springs, County of Garfield, State of Colorado is Grantee; WITNESSETI3, that Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and con%rrn, unto Grantee, and Grantee's heirs, successors and assigns forever, all the real properly, together will all improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: wu2sW114SW114 and Wl12NW114SW114 in Section 14, Township 6 South, Range 46 West, 6a' P.M. Also known by street number 3135 County Road 134, Glenwood Springs, CO 81601 Garfield County Assessor's Parcel Number 2183-143-00-084 TOGETHER WITH all singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantcc, and Grantee's heirs, successors and assigns forever. Grantor, for Grantor and Grantor's heirs, successors and assigns, do covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns, against aii and every person or persons claiming the whole or any part thereof, by through or under Grantor, subject to easements, encumbrances, reservations, restrictions, covenants and rights of way of record, if any. IN WITNESS WHEREOF, Grantors have executed this deed on the date set forth above. Daryl Ty Richardso�Gencralrtner or South Canyon Family Partnership, LLLP STATE OF COLORADO } ) ss. COUNTY OF GARFIE.LD } e foregoing Special Warranty Deed was acknowledged this 0 day of 2011, by Daryl Tye Richardson as General Partner of South Canyoii Family Partnership, LLLP WITNESS my hand and official seal. My commission expires: Notary Public W, p�,Q Ot •'' 7 •Qp� ♦.r� Q�..C�tiOgF Return to: Bm ni4 Chadwick & tloupt. i.t,P ••"'�••. 932 Cooper Are Glenwood Springs, C6 8160] Fwd: Fwd: Commitment (3135 COUNTY ROAD 134)(Buyer: )(Our... Order Number: GW63013373 Date: 12/17/2018 Property Address: 3136 COUNTY ROAD 134, GLENWOOD SPRINGS, CO 81609 Parties: DARYL TYE RICHARDSON Visit Land Title's Website at www.ltee.com for directions to ani of our offices. Estimate of Title insurance Fees "TBD" Commitment $216.00 Total $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: (I) Garfield county recorded 07/18/2011 under reception no. 805407 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63013373 Property Address: 3135 COUNTY ROAD 134, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 11116/2018 at 5:00P.W 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: 3_ The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simp)e 3 of 14 9/5/2019, 3:47 PM Fwd: Fwd: Commitment (3135 COUNTY ROAD 134)(Buyer: )[Our ... 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DARYL TYE RICHARDSON 5. The Land referred to in this Commitment is described as follows: W112SW114SW1/4 AND W1 12 N W1 /4SW1 /4 IN SECTION 14, TOWNSHIP 6 SOUTH, RANGE 94 WEST, 6TH P.M. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2406-2018 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63013373 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or moth, must be properly authorized, executed, delivered, and recorded in the Public Records. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF 4 of 14 9/5/2019,3:47 Ply Fwd: Fwd: Commitment (3135 COUNTY ROAD 134)(Buyer:) (Our ... ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63013373 All of the following Requirements must be met: THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD EXCEPTIONS 1 THROUGH 3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION CERTIFICATE. 2. WARRANTY DEED FROM DARYL TYE RICHARDSON TO None CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, AND A IMPROVEMENT LOCATION CERTIFICATE OF THE LAND, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT AND IMPROVEMENT LOCATION CERTIFICATE WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2019 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company 5of14 9/5/2019,3:47 PM Fwd: Fwd: Commitment (3135 COUNTY ROAD 134)(Buyer: )(Our Schedule B, Part H (Exceptions) Order Number: GW63013373 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 1, 1890, IN BOOK 12 AT PAGE ` r. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 01, 1890, IN BOOK 12 AT PAGE 6 of 14 9/5/2819, 3:47 PM Fwd: Fwd: Commitment (3135 COUNTY ROAD 134)(Buyer:) (Our ... 10. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED JANUARY 13, 1891 1N BOOK 25 AT PAGE 1109. 11, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND VALUABLE MINERALS, TOGETHER WITH THE RIGHT TO EXPLORE, AS RESERVED IN INSTRUMENT RECORDED SEPTEMBER 23, 1955 IN BOOK 287 AT PAGE 455, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 12, RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND VALUABLE MINERALS IN AND UNDER SAID LANDS AND THE RIGHT TO EXPLORE FOR AND REMOVE THE SAME AS RESERVED IN DEED RECORDED OCTOBER 17, "1977 1N BOOK 501 AT PAGE 13. TERMS, CONDITIONS AND PROVISIONS OF DISCLAIMER AND QUITCLAIM RECORDED FEBRUARY 24, 1986 IN BOOK 684 AT PAGE': 14. TERMS, CONDITIONS AND PROVISIONS OF QUITCLAIM DEED RECORDED SEPTEMBER 04, 1994 IN BOOK 915 AT PAGE 1.:.:1. 15. TERMS, CONDITIONS AND PROVISIONS OF MINERAL. DEED RECORDED DECEMBER 28, 1994 IN BOOK 926 AT PAGE 16. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED DECEMBER 28, 1994 IN BOOK 926 AT PAGE :_ 17. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED FEBRUARY 18, 1998 AT RECEPTION NO. 520471. 18. TERMS, CONDITIONS AND PROVISIONS OF QUITCLAIM DEED RECORDED APRIL 02, 1997 IN BOOK 1014 AT PAGE 264. 19. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF LEASE RECORDED AUGUST 06, 2001 IN BOOK 1274 AT PAGE 959. 20. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF SURFACE USE AND RIGHT OF WAY AGREEMENT RECORDED AUGUST 06, 2001 IN BOOK 1274 AT PAGE 965. 21. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF LEASE RECORDED AUGUST 06, 2001 IN BOOK 1274 AT PAGE r AND RE-RECORDED AUGUST 28, 2001 IN BOOK 1281 AT PAGE 136. 22. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF SURFACE USE AND RIGHT OF WAY AGREEMENT RECORDED AUGUST 6, 2001 IN BOOK 1274 AT PAGE 963 AND RE-RECORDED AUGUST 28, 2001 IN BOOK 1281 AT PAGE 129. 23. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 03, 2006 AT RECEPTION NO. 693320 AND RE-RECORDED APRIL 3, 2007 UNDER RECEPTION NO. 720357. 24. EASEMENTS AND RIGHTS OF WAY FOR SOUTH CANYON CREEK ROAD ALSO KNOWN AS COUNTY ROAD 134. 7of14 9/5/2019,3:47 PM LC Garfield County CERTIFICATION OF MINERAL 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 LUDC. 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 X 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 I Mailing Address of Mineral Owner Roaring Fork Properties, LLC I P.O Box 3437, Aspen, CO 81612 j I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. 4% l L 4 pp icant's Signature;.yr%6**� �� Date ■IIIII'��Ilf��11'lily,l��,�lr�l'MI�'��+��Vir,IH'� �IIII Reception#• 732941 171221209D 04:30-19 PM Jean RlberAnn 1 of 2 Ron Fee -V D0 Doc Fee:0.00 GARFIELD COUNTY CO MINERAL DEED KNOW ALL MEN BY THESE PRESENTS THAT CB Minerals Company, LLC, a Colorado limited liability company having an address of P.O. Box 1827, Pebble Beach, CA 93953 hereinafter called Grantor, for and in consideration of the sum of Ten -Dollars ($10.00) cash in hand paid and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell, convey, transfer, assign and deliver unto Roaring Fork Properties, LLC, a Colorado limited liability company, having an address of P.O. Box 3437, Aspen, CO 81612, United States, hereinafter called Grantee an undivided One Hundred Percent (100%) of all Grantor's interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described lands situated in Garfield County, State of Colorado, to -wit: Township 6 South, Range 90 West, 6 t Principal Meridian Section 14: The Southwest Quarter (SWI/4); That portion of the Southeast Quarter (SEI/4) of Section 14, lying south and southwest of a line drawn fifty feet north and northeast of that certain vein of coal known as and called the "Driscoll Vein", as more particularly described in Deed recorded January 13, 1981 in book 25 at page 109 as reception No. 12111 in the office of the Clerk and Recorder of Garfield County, Colorado; Section 23: The Northeast Quarter (NE1/4) The East Half of the Northwest Quarter (EI/2NW1/4) Section 24: The North Half (N 1/2). It is the intent of the Grantor herein to convey all its interests in oil, gas and all constituents thereof, and any interests of Grantor in other minerals of whatsoever kind or character, in, under, and upon or that might be produced from the above described lands, together with all related or appurtenant rights of Grantor, including without limitation all rights of ingress and egress for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals, and storing, handling, transporting and marketing the same therefrom. Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for said Grantor by payment, any mortgage, taxes accruing prior to the date of this mineral deed, or other liens on the above described land, upon default in payment by Grantor, and be subrogated to the rights of the holder thereof. TO HAVE AND TO HOLD, the above described property and easement with all and singular the rights, privileges, and appurtenances thereunto or in any wise belonging to the said Grantee herein its heirs, successors, personal representatives, administrators, executors, and (ClienAl8720\01102070947. DOC / 2) . ,'Wvr. ■Illlid'i. 14NIN 11111 Recept.ier*: 752841 07/22/2048 04:30:19 pM Jean Rlberieo 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO assigns forever, and Grantor does hereby specially warrant said title to Grantee its heirs, executors, administrators, personal representatives, successors and assigns forever against any and all claims or rights arising by, through or under Grantor, but not otherwise and does hereby agree to defend all and singular the said property unto the said Grantee herein its heirs, successors, executors, personal representatives, and assigns against every person whomsoever claiming or to claim the same or any part thereof by, through or under the Grantor, but not otherwise. Dated effective this I" day of July, 2008. CB MINERALS COMPANY, LLC a Colorado limited liability company By: Name: n• C� l Title: STATE OF �.��ifdxursy ) ss. COUNTY OF Before me, the undersigned a Notary Public, within and for id Count and State, on this E ``-- - day of J , 2008, personally appeared tflt, tr�l 0. I�/ 'e-, to me personally known to be the i entical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. [SEAL] Notary Public j My Commission Expires; �f�`.a�% SUSAN L S17RY Cammluion # 1602921 . -&,-, Notary Pubtic - Cohlornlo Monterey County YCOMM Expires Aug 28.200 {Client11822010110207D947.D0C / 2) Garfield County Land Explorer 218311300020 1205 134 COUNTY RD GLENWOOD SPRINGS 218314300084 3135 134 COUNTY RD GLENWOOD SPRINGS, CO GLENWOOD SPRINGS 218322100085 134 COUNTY RD RICHARDSON, DARYL GLENWOOD SPRINGS 218323100060 Not available GLENWOOD SPRINGS 218323300026 Not available NEW 9177 HWY 82 CARBONDALE, CASTLE GLENWOOD SPRINGS, R080603 101 W 8TH STREET CITY OF GLENWOOD SPRINGS, CO 81601 RICHARDSON, DARYL R042418 PO BOX 181 GLENWOOD TYE SPRINGS, CO 81602 RICHARDSON, RUBY R042417 9177 HWY 82 CARBONDALE, ANN CO 81623 ROARING FORK R080899 3573 E SUNRISE DRIVE, STE PROPERTIES LLC 225 TUCSON, AZ 85718 DELANEY & DUNN LLC R080517 649 PEONY DRIVE GRAND JUNCTION, CO 81507 �-'=. ? �.`-�- ::[- ..391 � f "-= fi=: f '�♦f:', � .. - ..�I � fes, ,. v ::L.�•. it .�.< � _- :r�::rt� � •3� YI �, �. ��� ��� ;.��• �__ STI. :_.- _ ria � 1��1y '`� :..': dd` .-.._.��...r ,3; ,� , � .Ufa =6., : f. `► � � t �. �� ;, •,- --_ . , -; t :� Z�� ' �+,,.,. Vii•. ,_� , �,•. � ri MA ���� .79`.11 _-- \1' via All I