HomeMy WebLinkAbout1.0 ApplicationGarfield County
Community Development Department
108 gth Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www .garfi eld-county.com
Administrative Review D Development in 100-Year Floodpla i n
□ Limited Impact Review D Development in 100-Year Floodplain Variance
□ Major Impact Review D Code Text Amendme nt
' □ □ Rezoning Amendments to an Approved LUCP
0 LIR □MIR O SUP D Zone District □ PUD D PUD Amendment ,
D Minor Temporary Housing Facility D Administrative Interpretation
~-~---~m r ,r,r ,.,
D Vacation of a County Road/Public ROW D Appeal of Administrative Interpretation
D location and Extent Review D Areas and Activities of State Interest
D Comprehensive Plan Amendmen~ D Accommodation Pu rsuant to Fair Housing Act
□ Pipeline Development , □ Variance
□ Time Extension (also check type of original appli cation)
Owner/ Applicant
Name: Charles W Cole Ill Revocable trust Phone: {970 1379-2245
Mailing Address: 2321 County Road 100
City: Carbondale State: CO Zip Code: 81623 --------
E-mail: Colewest@sopris .net
Representative (Authorization Required)
Name: Charles W Cole Ill Trustee
Mailing Address: 2321 County Road 100
City: Carbondale
E-mail: Colewest@sopris.net
Project Name:
Cole Secondary Dwelling Unit
Phone: ( 970 ) 379-2245
State: CO Zip Code: 81623 --------
Assessor's Parcel Number : 2393 ___ 364 ___ 00 __ 272 __
Physical/Street Address: 2321 County Road 100, Carbondale CO 81623
legal Description: Sec 36 TWSH P 7 Range 88 Gov Lot 17
AKA lot 3 Coffman Ranch Sub-Div Exempt N. Pa rcel
Zone Distri ct: _R _____________ Property Size (acres): _4_.0_6 ____ _
Existing Use: Single family home with detached shop
Proposed Use (From Us e Table 3-403): _Dw_e _lli_ng _u_n_it_-_s_e_co_n_d_ary ______________ _
Description of Project: 1440 sq ft secondary dwelling
1056 sq ft used by the owner of the property to live along with a studio space with an intended use as a commercial
kitchen with the ability to convert to an additional bedroom or office.
i Submission Requirements I D The App licant re questin g a Waiver of Submission Requirements per Section 4-202. List:
Section: _____________ Section: _____________ _
Section: _____________ Section: _____________ _
Waiver of Standards
D The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: _____________ Section: ______________ _
Section: _____________ Section: ______________ _
I have read the statements above and have provided the required attached information which is
and accurate to the best of my knowledge.
12/20/2019
Signature of Propert y Owner Date
FileNumber: _______ _ Fee Paid:$ ___________ _
Waiver of Standards
J2f The Applicant is requesting a
Section: .JJ:::.~~~~~~~~___!::~~~·
Section : ____________ _
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Narrative/Impacts
Cole SDU
2321 County Road 100
Carbondale, CO 81623
December 3, 2019
This 3 lot neighborhood was created back in 2004 by Rex and Jo Coffman in establishing
the North Exemption of their ranch here on Catherine Store Road. All lots were approved
for Primary homes and ADU's in that exemption approval.
I am asking to exceed the 1000 sq ft ADU approval so that I may build a house suitable to
our design ideas and to include a space for My daughter to operate her cake design
business here in the valley. The residence that I am in the process of having drawn totals
1440 sq ft of which 358' is where this cake business will live. The future of this room when
the cake business ends, will turn into a 3rd bedroom and or a den/personal office.
The cake business is a one-person operation and is more comparable to a clay studio than a
full-on kitchen. The equipment needed for this business is an oven, freezer, refrigerator
and a 3 compartment sink, along with a rolling table that is used to mix ingredients and
create the cakes. There is no stove involved in the preparation of this product.
The impacts that I have been asked to address include water and sewer and road impacts,
along with the 7-702 Home Office/Business.
• Water: I have made an application to the BWCD for an amendment to our approved
well to add the commercial aspect of use. I have met with Eric and paid the
application fee and he is getting us on the January hearing to get the change made.
He felt there was no problem in accomplishing this change. (Application attached). I
have also attached the water analysis done on the existing shared well when the
most recent ownership changed at 2341 CR 100.
• Wastewater: I am having a separate septic system designed for this house because
the existing one is too far away and would have to be modified to the extent that
installing a new one makes more sense. It is being designed by Carla Ostberg of
CBO Septic Consulting and will accommodate the sizing for both uses planned for
this building.
• Road Impacts: The only road impact that I can see is what is an already approved
use, being the addition of an ADU. When I was discussing the impacts I needed to
describe here to my daughter we had a laugh in that she said there wouldn't be any
change due to her because she stops here practically every day anyhow. I could see
the business aspect of this request would be 2 trips in and out on a 3-5 day a week
basis. The supplies for this business current come from Costco and City Market.
• The road was constructed back in 2004 to meet the county and fire department
requirements and was inspected by Road & Bridge and Bill Gavette (Fire Marshall)
at that time. The small existing bridge was replaced with a 20' culvert to cross the
Slough Ditch on Rex Coffman's land. The fire access was tested successfully in
2008 when the Catherine Fire roared through and we had 6 tanker and pumper
trucks staged here to protect the 3 houses.
• 7-702 Home Office/Business: The cake business will be secondary to not only the
use of this building but also our rural property in general. If I take the 26 sq ft of
the mechanical room from the 384' that we have designed for this space, it puts
the use at 24% of the building. All the work will be inside and completely contained
to this space. Parking is not an issue as the property is 4+ acres. We will meet the
home business on the basis that I may not be the main talent behind the creation of
this artwork, but the one person I am allowed to have help me, is! Disturbances will
not exceed the occasional smell of a cake baking. There is no retail aspect to this
business on the property, no displays of cakes and no signage needed because she
delivers the product to the venue or clients house in the majority of cases. We
intend to comply with all requirements set forth by the County Health Dept for the
status of a commercial kitchen rather than just a cottage type industry. She
currently rents a commercial kitchen in Willits, so she is well versed in the health
dept requirements.
Enclosed is the information to address the requirements of the Preliminary review. My
desire is to build a house suitable to our new needs and to give a leg up to one of my
children to thrive in this valley. I watched too many young people forced out of here by
the expense of living here, and I feel blessed to have the opportunity to offer my
daughter a space to operate her cake business.
I appreciate your consideration of this matter,
Charles Cole
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Charles Cole Shop
2321 County Rd. 100
Carbondale, CO
Donna Riley Architect
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Carbondale, CO 81623
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ce Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ~;-,{~ t_;j, 0} ~t Jit
______________________________ agree as follows:
1. The AppJicant has c;o/e.,
· lowing Project: __ _
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.
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, 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: C ~ (e 5 Co (e_ Phone: ,q70) ) 79--» 'f5
Billing Contact Address: c:2-3:L { (;wi.y /2J: /CJO
City: {N: hM&/ e___ State: LP Zip Code$//4JJ
Billing Contact Email: Co (e..wes-j:-@ $C;f ri 5 , fl.e.,:f::
Printed N·ame of Person Authorized to Sign: _..;,C,..:;..~~-=-=-o.rl_..;::e;.;:5~_LJ~..;.(_~Co~· _( ~=-1-1~b .... ' ==(_=-----
C ~ t2--1:z_/.?--/11
(Signature) (Date)
928041 11/12/2019 03:03:30 PM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee : $18.00 Doc Fee: $0 .00 eRecorded
WHEN RECORDED CHARLES W. COLE, Ill REVOCABLE TRUST
RETURN TO: 2321 COUNTY ROAD 100
CARBONDALE, CO 81623
STATEMENT OF AUTHORITY
(§38-30-172, C.R.S.)
1 . This Statement of Authority relates to an en tity 1 named
CHARLES W. COLE, Ill REVOCABLE TRUST, UNDER TRUST AGREEMENT DATED DECEMBER 18, 2015
2 . The type of entity is a:
D Corporation
D Nonprofit Corporation
D limited liability Company
D General Partnership
D Registered Limited Liability Partnership
D Registered Limited Liabi li ty Limite d Partnership
D Limited Partnership Association
D Government or Governmental Subdivision or Agency
181 Trust D Limited Partnership
□
3 . The entity is formed under the laws of Colorado
4. The mailing address for t he entity is 2321 COUNTRY ROAD 100, CARBONDALE, CO 81623
5. The IE] name IE] position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to
real property on behalf of the entity is CHARLES W. COLE, Ill AS TRUSTEE
6. The authority of the foregoing person (s) t o bind the entity: IE] is2 not limited D is limited as follows:
7. Other matters concerning the manner in which the entity dea ls with interests in real property:
8 . This Statement of Authority is executed on behalf of the entity pursuant to ihe provisions of §38-30-172 , C. R.S. 3
9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on
behalf of the entity.
(Signature and Notary Acknowledgement on Second Page)
1This form should nDt be used unless the e ntity is capable of hald i;ig title to real property.
2The absence ot any lim lt91lor, :sila!I be prlma facie evidence 1hat no such nm naron exists.
3The sta1emen t of au th ority mus; be recorded to obta in the bene1 1ts c,f the statute.
Form 65 closing/recordings/soa.html 63014237 (502564) Ill I IIIIII Ill 111111111111111
928041 11/12/2019 03 :03:30 PM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
Executed t his ___ __.?_·· __ day of
State of Colorado
Count y of Garfield
)ss
)
CHARLES W. COLE, Ill, TRUSTEE
The foregoing instrumen t was acknowle dged before me on t his ~&= day of lJ OVe..i;lJ~_ Zcf q
by CHARLES W. COLE AS TRUSTEE OF THE CHARLES W. COLE , Ill REVOCABLE TRUST, UNDER TRUST AGREEMENT DATED
DECEMBER 18, 2015
Witness my hand and official sea L , ( ~ i!~ --? My Commission ex pires ~ -[ ~ ..,. G---
---~---:::, ' --?~k l
. N~P~~1 ~ '."'.7',__~J
.---------------, REBECCA BLANCHARD
NOTARY PUBLIC
STATE OF CO LORADO
NOTARY ID 19924017123
My Commission Expires January 18, 2021
Form 65 closing/recordings/soa .ht ml 6301423 7 (502564)
QUIT CLAIM DEED
THIS DEED, made this l 8th day of December, 2015, between Charles Cole, an individual
("Grantor''), and Charles W. Cole, III Revocable Trust, under Trust Agreement dated December
18, 2015, whose legal address is 2321 County Road 100, Carbondale, County of Garfield,
Colorado 81623 ("Grantee"):
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
hereby sells and QUIT CLAIMS, to the Grantee, its heirs, successors and assigns forever, the
following:
All of Grantor's right, title and interest in and to the real property described in
Exhibit A, attached hereto and incorporated herein by reference ("Property").
The Property is commonly known as 2321 County Road 100, Carbondale, CO 81623.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
~u__
Charles Cole
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing 'instrument was acknowledged before me this 18th day of December, 2015,
by Charles Cole.
My commission expires: oz/zolzn11
Notary Public . ADRIANE ROSE SMITH-MALONEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144008312
MY C~MMISSION EXPIRES 02/20/201&
1111 WJP.1F.:lTil~l.:1DIIA rii-,: Iii~ ~K.lt.1w11,: 1 U\k i iklillr 11111
Reception#: 873838
02/18/2016 01:10:00 PM Jean Alberico
2 of 2 Rec Fea:$16.00 Doc Fae:0.00 GARFIELD COUNTY CO
Exhibit "A"
Legal Description
ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE CITY OF CARBONDALE,
COUNTY OF GARFIELD, STATE OF COLORADO BEING.MORE FULLY DESCIUBED
AS METES AND BOUNDS PROPERTY AS FOLLOWS;
A PARCEL OF LAND SITUATION IN GOVERNMENT LOT 17 OF SECTION 36,
TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOUOWS: COMMENCING AT A
POINT ON THB NORTHERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST
CORNER OF SAID LOT 17, BEING A BRASS CAP L.S. #10732, BEARS N 88*3140" E
647.45 FEET; THENCE LEA VINO SAID NORTHERLY LINES oo•OOS7" E 656.15 FEET;
TiiENCE N 89•5811" W 63.14 FRET; THENCE N 60* 1632" W 46.49 FEET; THENCE N
42•2900" W 314.67 FEET; THENCE N 00•3437• W 393.41 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 17; THENCE N 88*3140" E 319.92 FEET ALONG
SAID NORTHERLY LINE TO THE POINT OF BEGINNING. ALSO KNOWN AS LOT 3
COFFMAN RANCH SUBDMSION EXEMPTION NORTH PARCEL ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 9, 2004 AS RECEPTION NO. 663142.
ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THE
FOLLOWING DESCRIBED EASEMENT; A 30.00 FOOT ACCESS 1JTILITY AND WELL
EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36, TOWNSHIP 7
SOUTH, RANGB 88 WEST, OF THE SJXTH PRINCIPAL MERIDIAN. SAID EASEMENT
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100
WHENCE A FOUND G.L.O BRASS CAP IN PLACE AND PROPERLY MARKED FOR
THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S 26•2643"E 638.27 FEET;
THENCE LEAVING SAID NORTHER!. Y RIGHT OF WAY LINE AND ALONG THE
CENTERLINE OF SAID EASEMENT N 53•s2ss•w 70.52 FEET; THENCE
CONTINUINO ALONG SAID CBNTERLINE AND ALONG A CURVE TO THE RIGHT
HA YING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90•571 l" AN ARC
LENGTH OF 287.11 FEET (CHORD BEARS N 20•4843" W 257.90 FEET); THENCE S
89*5811 E 76.65 FEET; THENCE N 80*0227" E 266.SS FEET; THENCE N 63*085S" E
182.86 FEET; THENCE N 87• 0951 E 39.00 FEET; TiiENCE N oo•0804" W 60.04 FEET
TO THE POINT OF TERMINUS. COUNTY OF GARFIELD, STATE OF COLORADO.
BEINO MORE FULLY DESCRlBED IN DEED BOOK 1713 PAGE 889, DATED
08/02/2005, RECORDED 08/04/2005 IN GARFIELD COUNTY RECORDS.
Tu/Parcel JD: R04 I 932
1182640
QUITCLAIM DEED
(~''-41,
THIS DEED, made this · ( , day of May 2012,
between
SUMMER COLE
of the County of Garfield; and State of Colorado, Grantor(s), and
CHARLES COLE
whose legal address is: 2321 County Road 100, Carbondale CO, 81623-9850
of the County of Garfield, and State of Colorado, Grantee(s):
WITNESS, that the Grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and
QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee(s), their heirs and
assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together
with improvements thereon, situate, lying and being in the County of Garfield, State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF
also known by street and number as: 2321 County Road 100, Carbondale CO, 81623-9850
TO HA VE AND TO HOLD the said premises above bargained and described, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the
Grantee(s), and the Grantee's heirs and assigns forever, except those specific Exceptions shown on the attached as
"Exhibit l".
IN WITNESS WHEREOF, the Grantor(s) has executed this deed on the date set forth above.
STATE OF COLORADO )
COUNTY OF:(-; t-·+K (=, {,{p ~ ss.
-, -,, --·-t"'L .,
The f;regoing instrument was acknowledged before me this _2_ day of~i~/t.,_·_(~J~•-i ..... v=-,i,....__, 2012, by
.. /j _:__;
~ ·y ... > I i')/~i (: V C CL_(_,
Witness m_Y ~and an~ official_ seal. , ,, /, "'.:>,
My comm1ss1on expires: O '1 / I 7 1 ._; ,
1111111 lllll lllllll lllll 111111111111111111 1111111111111
679502 08/04/2005 10:llA 81713 P889 M ALSDORF
1 of 4 R 21.00 D 29.33 GARFIELD COUNTY CO
Iii
I
WARRANTY DEED
THIS DEED, Made chis 2nd day of August
REX A. COFFMAN AND JOANN G. COFPMAN
. 2005
of the said County of GARFIELD and State of COLORADO
CHARLES COLE AND SUMMER COLE AS JOINT TENANTS
whose legal address is 3 0 8 RED TAIL ORI.VB
BASALT, CO 81621
uf the said County of EAGLE and State of COLORADO
Rec Fee$ 21.00
. between
• grantor. and
, grantee:
WITNESS, that the grantur, for and in consideration of the sum of
valuable consideration
Ten dollars and other good and
DOLLARS. the receipt •nd sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
grantees, their heirs and assigns forever. not in tenancy in common but in joint tenancy, all the real property. together with i~rovements.
if any, situate, lying and being in the said County of GAR.FIELD and State of Colorado described as follows:
SEE EXHIBIT "A"
also known by street and number as: TBD COUNTY ROAD 10 0 , CARBONDALJi:, CO 8162 3
TOGETHER with all and singular the bereditamcnts 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 what-
soever of the grantor. either in law or equity, of, in and to the above bargained premises. with the llerediwncnts and appurtenances.
TO HA VE AND TO HOLD tile said premises above bargained and described, witll the appurtenances, unto the grantee, Iii• heirs and
assigns forever. And the grantor. for himself. his heirs. and personal representatives, does covenant, grant, bargain. and agree to and witl1
the grantee. his heirs and assigns, that at the time of tile ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. and bas good right, full pcwer and
lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid. and that tile same are free and clear from all
former and other grants. bargains, sales. liens. taxes. assessments, encumbrances and restrictions of whatever kind or nature soever. except
those specific Exceptions shown on the attached as "EXHIBIT 1 11 •
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantee. his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number sllall include the plural, the plural the singular. and the use of any gender sllall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the dato set forlll above.
REX A. COFFMAN
State of COLORADO )
) ss.
County of GARFIELD
The foregoing instrument was acknowledged before me this 2nd day of August
by R:S:X A. COFFMAN AND JOANN G. COPFMAN
My commission expires Septembe~ OS, 2007
Chuck and Summer Cole, 308 Red Tail Drive ~
Basalt, Colorado 81621 J,O
~· ·'s>'< oA!l> ·:v
EXHIBIT A
Order Number: 03001525
1111111 11111111111111111 IIII IIIII IIIIII Ill 1111111111111
679502 08/04/2005 10:llA B1713 P890 M ALSDORF
2 of 4 R 21.00 D 29.33 GARFIELD COUNTY CO
LEGAL DESCRIPTION
A PARCBL 01!' LAND SITGATED IN GOVERNMENT LOT 17 OF SECTION 36, TOWNSHIP 7
SOUTH, RANGE 88 WBST, OF THB SIXTH PRINCIPAL MERIDIAN, BBING MORB PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINB 01!' SAID LOT 17 WHENCE THE
NORTHEAST CORNER OF SAID LOT 17, BBING A BRASS CAP L.S. #10732, BEARS
N. 88°31'40" B. 647.45 PBET;
THBNCB LBAVING SAID NORTHERLY LINES. 00°00'57R B. 656.75 FBBT;
THENCE N. 89°58'11" W. 63.14 FEET;
THENCE N. 60°16'32" W. 46.49 FBBT;
THBNCB N. 42°29'00" W. 314.67 FBET;
THENCE N. 00°34'37 9 W. 393.41 FBET TO A POINT ON THE NORTHERLY LINE OF SAID
LOT 17;
THBNCB N. 88°31'40• E. 319.92 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING
ALSO KNOWN AS
LOT 3
COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL
ACCORDING TO THB PLAT TBBRBOF RECORDED NOVEMBER 9, 2004 AS RECEPTION NO.
663142.
ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THB FOLLOWING
DESCRIBED BASBHBNT;
A 30. 00 FOOT ACCESS UTILITY AND WBLL BASBMBNT SITUATED IN GOVERNMENT LOT 17 01!'
SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WBST, 01!' THE SIXTH PRINCIPAL MERIDIAN.
SAID BASBMBNT BEING HORE .PARTICULARLY DESCRIBED AS FOLLOWS:
COJIMBNCING AT A POINT ON THE NORTHERLY RIGHT 01!' WAY LINE OF COUNTY ROAD 100
WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPBRLY MARKED FOR THE SOUTHEAST
CORNER OF SAID SBCTION 36 BEARS S26°26'43•E 638.27 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINB AND ALONG THE CBN'l'ERLINB OF
SAID BASBMBNT N58°52'55"W 10.52 FEET;
THBNCB CONTINUING ALONG SAID CBNTBRLINB AND ALONG A CURVE TO THB RIGHT HAVING
A RADIUS OP 180.86 F1l1l'l', A CENTRAL ANGLE OF 90°57'11" AN ARC LBNGTH OF 287.11
FEET (CHORD BBARS N20°48'43"W 257.90 FBB'l');
THB11CB S89°58'll"B 76.65 PEET;
THBNCB N80°02'27'E 266.55 PEBTJ
THBNCB N63°08'55•B 182.86 FBBT;
THENCE N87°09'5l•E 39.00 FBET;
THENCE N00°08'04nw 60.04 FEET TO THB POINT OF TERMINUS.
COUNTY OF GARFIELD
STATE OF COLORADO
1111111 lllll lllllll lllll 111111111111111 Ill 1111111111111
~79502 08/04/2005 10:llA B1713 P891 M ALSDORF
3 of 4 R 21.00 D 29.33 GARFiaD COUNTY CO
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Pile Nwnber: 03001525
EXHIBIT 1
EXCEPTIONS
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
and any facts which a correct survey and inspection of the premises would
disclose and which are not shown by the public records.
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 the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act
authorizing the issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. The effect of inclusions in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water
service or street improvement area.
9. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved in United States Patent recorded April 1, 1895 in
Book 12 at Page 358 as Reception No. 18288.
10. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded April 1, 1895 in Book 12
at Page 358 as Reception No. 18288.
11. Highway Plat recorded January 3, 1900 as Reception No. 22259.
12. Right of Way Easement recorded May 4, 1970 in Book 410 at Page 34 as Reception
No. 246246.
13. Matters disclosed in Warranty Deed recorded November 24, 1958 in Book 312 at
Page 390 as Reception No. 203497, and any and all assignments of record, or
otherwise, thereof, or interests therein.
14. Right of Way Easement recorded November 19, 1970 in Book 415 at Page 98 as
Reception No. 248174.
15. Resolution No. 81-366 recorded December 10, 1981 in Book 587 at Page 952 as
Reception No. 322424.
16. Deed of Conservation Easement in Gross recorded December 19, 2003 in Book 1548
at Page 734 as Reception No. 643445 and Amended and Restated Deed of
Conservation Easement in Gross recorded December 16, 2004 in Book 1648 at Page
34 as Reception No. 665189.
NOTE: This exception affects only the access to the subject property.
17. Matters disclosed in Quit Claim Deed recorded December 19, 2003 in Book 1548
at Page 762 as Reception No. 643446 and re-recorded February 25, 2C04 in Book
1563 at Page 844 as Reception No. 647167.
18. Holy Cross Energy Right of Way Easement recorded May 3, 2004 in Book 1584 at
Page 381 as Reception No. 651471.
Slcwflri Title o! Glen.wood b"prinp, (ne.
Kxhlbil 1 -Deed Exceptions (YDEEDEXCEPT)
&v.1m
I
1111111 11111111111111111111111111111111111 1111111111111
679502 08/04/2005 10:llA B1713 P892" ALSDORF
4 of 4 R 21.00 D 29.33 GARFIELD COUNTY CO
~xnioit ~ -Deeo Exceptions Continued
File Number: 03001525
19. Resolution No. 2004-111 recorded November 9, 2004 in Book 1638 at Page 14 as
Reception No. 663141.
20. Matters disclosed on the Plat of Coffman Ranch Subdivision Exemption North
Parcel recorded November 9, 2004 as Reception No. 663142.
21. Common Well Covenants Coffman Ranch Subdivision Exemption North Parcel
recorded November 9, 2004 in Book 1638 at Page 27 as Reception No. 663143.
22. Covenants for Coffman Ranch Subdivision Exemption North Parcel recorded
November 9, 2004 in Book 1638 at Page 32 as Reception No. 663144.
23. Covenant for Transfer Fee recorded December 28, 2004 in Book 1651 at Page 312
as Reception No. 665986.
)
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Rer;.orded
Reception
111111111111111111 IIIIII IIII IIIIII IIIII Ill llllJ IIII IIII
643446 12/19/2003 03:17P B1548 P762 N ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO
QUITCLAIM DEED
(2.e[eLcvdr2J. t,utft-1 L.~A.12 Desc/2pfi'ari
The grantor, Rex A. Coffman and Joann G. Coffinan, whose address is 183 7 County Road l 00, Carbondale, CO 81623,
Garfield County, Colorado for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has remised, released, donated and QUIT CLAIMED, to Aspen Valley Land Trust, whose address is 320
Main Street, Suite 204, Carbondale, Colorado 81623, Garfield County, their successors and assigns, forever, all the right,
title, interest, claim and demand which the grantor has in and to all rock and gravel on the property, including the right to
extract the same by any method, as reserved pursuant to that certain Warranty Deed dated November 24, 1958 and
recorded in the real property records of the Garfield County ~Jerk and Recorder at Book 312, Page 390, under Reception
No. 203497, or from any other source, in the real property located at: 183 7 County Road 100, Carbondale CO 81623.
and that Quitclaim Deed dated J a / I t:J f « oo.3 and recorded in the real proper!,y records of the Garfield
County Clerk and Recorder at Book J5fl8 , Page ::; 3 / , under Reception No. {p C/3LJq t/, or from any other
source, in the real property located at
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~ the legal description set forth in Exhibit A, Garfield County, Colorado
-o !!!!! U) -..1c iiiiiii « C
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~'." also known as street and number 1837 County Road 100, Carbondale, CO 81623
Date
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, by Rex A. Coffinan and Joann G. Coffman.
My commission expires: Mcrmbtr 15; 2.Do5
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'l'HERCB S 87°21'45• B 227.54 P'BBT1
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·Continued on next page
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COtm'?Y OP GARFXBLt>
S'tAn 01" COLORAIJO
Charles W. Cole, III
2321 County Road 100
Carbondale, Colorado 81623
Landowners within 200’:
1. Coffman Northside Ranch
1837 County Road 100
Carbondale, CO 81623
2. Nona Niland
2331 County Road 100
Carbondale, CO 81623
Mailing:
210 Lavaca Street #3005
Austin, TX 78701
3. Brian Vaughan & Jane Mason
2341 County Road 100
Carbondale, CO 81623
4. Aspen Valley Land Trust (Mineral Rights)
320 Main Street, Suite 204
Carbondale, CO 81623
5. Ranch at the Roaring Fork HOA
14913 Highway 82
Carbondale, CO 81623
There is no formal HOA related to this property and no
property owned by the HOA. It is simply an informal
agreement between the residents of 2321,2331,2341 to share
expenses.
ce 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)(l)(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){l)(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 Mailin Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and
the LUDC.
~~
Applicant's Signature Date
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=G '"Jar.field County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www .garfield-cou nty .com
TAX PARCEL NUMBER: 239336400272
PRE-APPLICATION
CONFERENCE SUMMARY
PRE-APP DATE: 11/8/19
PROJECT: Cole Secondary Dwelling Unit & Commercial Kitchen
OWNER: Chuck Cole
PRACTICAL LOCATION: 2321 County Road 100, Carbondale CO 81623
ZONING: Rural
COMPREHENSIVE PLAN: Residential L (10+ Ac/DU) & Rural Town Center
TYPE OF APPLICATION: Administrative Review -Secondary Dwelling Unit & Commercial Kitchen
I. GENERAL PROJECT DESCRIPTION
The applicant is requesting approval for a Secondary Dwelling Unit (SDU) and the operation of a
commercial kitchen, within the Secondary Dwelling, on an approximately 4.06 acre parcel located
at 2321 County Road 100. The property is legally described as Lot 3, Coffman Ranch Subdivision
Exemption North . The property is over 4 acres, therefor the Secondary Dwelling Unit is limited to
3,000 square feet in size. The parcel is currently improved with a single-family dwelling unit. Access
to the parcel is from an existing shared driveway to County Road 100.
The SDU is not a use -by-right in the Rural zone district. It will require application for and approval
of a formal Administrative Review permit prior to construction . The commercial kitchen can be
considered a Home Office/Business if it meets the requirements and limitations of Section 7-702 of
the Land Use & Development Code (LU&DC). A Home Office/Business use is permitted By Right in
the Rural zone district and will not require any additional land use approvals, as long as it meets the
Section 7-702 LU&DC. (Other requirements beyond the LU&DC, such as Garfield County Health
Department and Building Department may apply.)
The applicant has indicated that the SDU is proposed to be built southeast of the existing primary
house . The commercial kitchen is planned to be located within the proposed SOU with a separate
exterior entrance. The commercial kitchen is intended to accommodate an existing bakery/home
business located in Basalt that would be relocated to the proposed SOU. The commercial kitchen
would be operated by a family member who will not live within the SOU . Be aware that Section 7-
702 LU&DC limits the number of people allowed to work in a Home Business who are not a
resident of the dwelling unit to one person .
Demonstration of legal and adequate water, as well as, water quality is required. Staff suggests that
the applicant reach out to Dwight Whitehead at the Division of Water Resources {970-945-5665
ext. 5011) to discuss possible well water supply issues associated with the proposed SOU and
commercial kitchen prior to submittal of a formal application with Community Development. A 4-
hour pump test is required but may be done as a condition of approval (however, please submit
any supporting information available). Additionally, a water quality test in compliance with Section
4-203(M)(l)(b)(5)(C) will need to be provided. Similar to the 4-hour pump test, this water quality
test may be done as a condition of approval if requested in the application. Where may be
additional water quality requirements for the commercial kitchen through the State or Garfield
County Health Department. Staff recommends that you consult with the County Health
Department for specific requirements.
The Applicant will need to provide a general description of the proposed wastewater treatment
system and its adequacy in serving both the SOU and commercial kitchen. This description needs to
include representations of the site's topography, soils and environmental constraints. It should be
noted that this property contains identified/mapped constraints to septic systems in the form of
high-water table and floodplain. Any new septic systems must consider these constraints. Staff
recommends consulting a qualified professional to evaluate these constraints . If any irrigation
ditches exist on the property, the applicant should provide contact information for the ditch
company. The site plan submitted with the formal application must illustrate the location of these
and any other identified hazards or constraints.
This property is part of a previously recorded plat. There may be restrictions (e .g. CC&R's; plat
notes; etc.) associated with this plat which might have relevance to the SOU and/or commercial
kitchen. Staff recommends that you evaluate any such documents for potential relevance to the
proposal. Staff notes that there is a conservation easement surrounding the property to the south,
east and west .
Demonstration of conformance to Section 7-107 and specifically Table 7-107, Roadway Des ign
Standards, must be provided with the formal application. This demonstration should include all
private driveways and roads from the proposed unit to public right of way. Please respond to each
of the items in the Roadway Design Standards Table (7 -107) to show compliance with these
parameters (ROW width, Lane width, Shoulder width, etc.). Should the roadway not meet one or
more of the dimensional standards identified in Table 7-107, then the Applicant will need to have a
professional engineer evaluate the roadway and decide as to whether it is adequate despite not
meeting one or more specific standards. Please see the attached Roadway Waiver form for further
information . Note: please identify which Average Daily Trip (ADT) category this access road may fall
2
within with each dwelling unit accessing this driveway counting as 9.57 ADT {all homes and other
development planned and existing off the driveway).
In preparing a formal application please address conformance to the Standards as identified in
Article 7: Standards, Division 1, 2 and 3, as well as , Division 7-701-B, Secondary Dwelling Unit
Standards and 7-702 Home Office/Bus i ness. These are the standards by which the application will
be determined to be approved, approved with conditions or denied. A short response to these
items ensures that 1) the applicant has read and understands the standards upon which a
determination will be based , and 2) allows the applicant and staff to work through any possible
issues early in the application process.
II. REGULATORY PROVISIONS AND PROCESS REQUIRED
• Article 3, Zoning
o Rural Zone District -Lot/Building Requirements {Table 3-201) and use Table {Table 3-
403)
• Article 4, Application and Review Procedures
o Administrative Review Process {Section 4-103)
o Common Review Procedures (Section 4-101
o Table 4-102 Common Review Procedures and Required Notice
o Application Materials (Table 4-201 and Section 4-203)
• Article 7, Standards -Division 1 General Standards, Division 2 General Resource Protection
Standards, Division 3 Site Planning, 7-702 Home Office/Business -as applicable
Ill. ADMINISTRATIVE REVIEW PROCESS
The review process shall follow a modified version of the steps contained in Table 4 -102 and
Section 4-103, Administrative Review {see attached modified flow chart)
IV. SUBMITTAL REQUIREMENTS-KEY TOPICS
• General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
o Proof of Ownership: copy of deed and copy of title commitment
o Names and mailing addresses of properties within 200 feet of the subject property
o Mineral rights ownership for the subject property {demonstrated through a search
of Clerk and Recorder database and/or Assessors database, memo attached)
o A narrative describing the request and related information
• A copy of this Pre-Application Summary needs to be submitted with the Application .
• Vicinity Map including areas within a radius of approximately 3 miles.
• Improvements Agreement/ Development Agreement {may be waived upon request)
• Site Plan showing, at minimum, parcel boundary, existing structures and access, proposed
SDU and access, parking, easements, constraints and floodplain.
• Grading and Drainage Plan demonstrating positive dra i nage off the site {soils map &
topographical map)
• Impact Analysis -Please respond to the identified impacts in Section 4-203(G)
3
• Demonstration of Legal and Physical Water (well permit, 4-hour pump test and water quality
test per Section 4-203(M)) or a request to complete the pump test and water qual ity test if
the application is approved
• Description of septic system (OWTS). If OWTS is to be shared or is otherwise already
installed , then an issued Garfield County septic permit along with an explanation of the total
number of bedrooms the system does/will service, or a letter from a professiona l engineer is
necessary stating that the system is adequate to handle the added load of the SOU and
commercial kitchen. If a new, yet to be installed, OWTS is proposed, then a statement
indicating this intent is necessary.
• Respond to Standards fully described in Article 7, Divisions 1-3 and, for Secondary Dwelling
Units, Article 7, Section 701.
• Statement and demonstration of conformance with Section 7-107, Access and Roadways
(Specifically conformance with Table 7-107 for access road from County roadway to
proposed ADU). Provide copies of easements or other demonstration of legal access if the
driveway crosses adjacent properties. This should include an analysis of the existing bridge
on the property from a professional engineer .
Submit three paper copies and one digital for applications . Additional copies will be requested
upon determination of completeness . See the land use code for additional information on
subm ittal requirements.
V. APPLICATION REVIEW
a. Review by :
b. Public Hearing :
c. Referral Agencies:
Staff for completeness recommendation and referral agencies for
additional technical review
.lL Director Decision with notice
_ Planning Commission
_ Board of County Commissioners
_ Board of Adjustment
May include Garfield County Road and Bridge, Fire Protection District,
Garfield County Designated Engineer, Division of Water Resources ,
Garfield County Vegetation Management
VI. APPLICATION REVIEW FEES
a. Planning Review Fees : $ 250 .00
b. Referral Agency Fees : $ TBD -consulting engineer/civil engineer fees
c. Total Deposit : $ 250 .00 (additional hours are billed at $40.50 /hour)
VII. GENERAL APPLICATION PROCESSING
4
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:
November 26, 2019
Patrick Waller, Planner Date
5
cE; GUrjie1d County
Admin ,ist,ativ• Review Process
{Section 4-103)
•Moy be WO lvoo by Otreetor
•Applicant: hu '5 month:. to submit at>pli<:atfo n
• 10 busilne&s. clays to ri:view
•If Incomplete, 60 days to remedy deflelenele-s
,
·~ 4.: Sdledute Dedsian Date "1n<i Pffl\Jkle,Notf~w
' ✓~ *
•Mailed ro •djaeerrt propetty ownen, within lOO fee t and minern 1 owrtets
at least 15 cfai,'s prior ·fin decision date
Step 5 : Referral
Step 6: E\.ia!uth:m by Director
•Ca:11 -up PerfCfd -withln 10 d:rys. of Oirec.1:0ls Oecisfon
•AppJk.tnt has l year to meet arty conditions of approval
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Garfield County
MEMORANDUM
TO: Staff
FROM: County Attorney's Office
June 24, 2014 DATE:
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property . Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by 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)(l)(b)( 4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify mineral interest owners . The following is a suggested
process lo research mineral interests:
1. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed -NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy. Are there exceptions to title listed under Schedule B-
Ii? If so, review for mineral interests that were reserved and oil and gas leases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such infonnation to the
Assessor's office so this may not provide any information, depending on your property,
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I MEMO
June 24 , 2014
Page2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6 . If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day .
8. Include a description of your research process in your application and the name{s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or Jandman.
Attorneys and landmen specialize in detennining mineral rights ownership, but they charge a fee
for their services.
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Policy 01-14
Waivers for Roads and Demonstration of Compliance
March 3, 2014
Section 7-107 , Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all
roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The
LUDC defines "road" as "a County road , State highway, public road , street or alley , or private thoroughfare which affords
primary access to abutting property, excluding a driveway accessing a single property."
The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party
for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated
and do not serve the general public and they pre-existed the design currently required by the County 's Road Standards as
defined in Table 7-107.
The LUDC allows for the waiver of specific standards provided that the following criteria have been met: I) an
alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative
will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard
(Section 4-118).
In applications that include roads that do not meet current County road standards as outlined in Table 7-107 , the County
has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal
sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the
criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include:
A Statement of Adequacy -The evaluation of the existing roadway and waiver will need to include a clear
statement that finds that the road will be adequate for the proposed use. This statement must be signed by a
professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this
evaluation, the following information will be required to be provided:
o Geometry of the road -A description of how the private road does/does not meet the design standards
in Table 7-107. This should include a chart that compares the private road design to those standards in
Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate
from the standards. A narrative may also be helpful in describing the characteristics of the road as they
compare to Table 7-107 design standards. Unless available, this is not intended to imply construction-
level drawings.
o Safety/Structural Issues -A description of obvious safety and/or structural issues observed and a
statement about how these issues will be addressed.
o Maintenance -A description of how the road is and/or will be maintained. This should be supported
with the submittal of any existing or proposed maintenance agreements for the road sections.
o Travel Demand -An accurate count of the existing peak travel demand as well as the Average Daily
Traffic on the road. This should also include the types of vehicles that currently use the road as well as
the additional amount and type of traffic that the proposed use will generate through all phases of its
development.
Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed ,
which includes documentation about legal access. Sufficient evidence will be required to be submitted to
demonstrate compliance with these sections of the Code.
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