HomeMy WebLinkAbout1.0 ApplicationCA_
GARFIELD COUNTY
Building & Planning Department IJLC i 2005
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601 AFt IFI. D C: 'al1NTY
Telephone: 970.945.8212 Facsimile: 970.384.3470 'NG
www.qarfield-county.com
RECEIVED
Text Amendment to Zone District / Zoning Resolution
GENERAL INFORMATION
(To be completed by the applicant.)
A Name of Applicant (Property Owner): Elk Mesa Properties, LLC
A Address: _2929 County Road 114 Telephone: _(970) 945-6399___
9 City: _Glenwood Springs ___ State: _CO___ Zip Code: _81601_ FAX: _945-6399_
A Name of Representative, if any (Planner, Attorney, etc):
Lawrence R. Green, Esq., Balcomb & Green, P.C.
A Address: _818 Colorado Avenue Telephone: _(970) 945-6546 ___
A City: _Glenwood Springs____ State: __CO__ Zip Code: _81601_ FAX: _945-9769_
A Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Paragraph 21 of Resolution No. 96-34, as previously amended by Resolution
No. 2004-05.
A Purpose for the proposed text amendment:
Extend the deadline to submit an Application for Preliminary Plan for Phase
Designation (Preliminary Plan) 3 from December 31, 2005 to December 31, 2008.
STAFF USE ONLY
9 Doc. No.: Date Submitted: TC Date:
9 Planner: Hearing Date:
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete
specific text in the County Zoning Resolution, and 2) amend, add, or delete text of an approved zone district
in the Zoning Resolution or an approved Planned Unit Development (PUD).
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed amendment to an
approved zone district including an approved Planned Unit Development (PUD) or text of the
Zoning Resolution of 1978, as amended. This narrative should describe the overall purpose of
the amendment and the specific sections of the resolution are to be amended.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the
real property, owned by the Applicant in Garfield County, which will be affected by such change.
3. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
4. Submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
5. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(An amendment to an approved zone district or text of the Zoning Resolution is considered a two
step process because it is first reviewed by the Planning Commission which makes a
recommendation to the Board of County Commissions. The following steps outline how the Text
Amendment application review process works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. In addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your request. (If Staff
determines your application to be deficient, a letter will be sent to you indicating that additional
information is needed to deem your application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Board of County Commissioners. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the hearing,
and the date, time and place for the hearing shall be given once in a newspaper of
general circulation in that portion of the County in which the subject property is
located at least thirty (30) but not more than sixty (60) days prior to the date of
such hearing, and proof of publication shall be presented at hearing by the
applicant.
4. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners that proper notice (publication) was provided.
5. Once the Board of County Commissioners makes a decision regarding the request, Staff will
provide the Applicant with a signed resolution memorializing the action taken by the Board.
Following the Boards' approval, this office will make the approved changes to the Zoning
Resolution.
1 have read the statements above and have provided the required attached information which is
correct and accurate to the best of my wledge.
Balcomb & Gr -en, P.C.
ture of applicant/owner)
awrence R. Green
Last Revised: 06/08/2004
Date
U1:" YJ,'/ LLJYJG LL. 47 '7 frJ74 �b X77
LUS AMILLUb u• t5HA
11/08/1005 17:05 FAX 197004597Fn LARRY GREEN
ELK MESA PROPERTIES, LLC
2929 County Road 114
Glenwood Springs, CO 81601
Phone: (970) 945-6399
HA(± a3
x001
December 8, 2005
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
ATTN: Fred Jarman
Re: Application to Amend Los Amigos Ranch FUD
Dear Mr. Bean:
Elle Mesa Properties, LLC is the owner of that parcel which is the subject of the PU1.) Zone
Text Amendment Application being submitted herewith . We hereby authorize Lawrence R, Green
and his firm Balcomb & Green, P.C. to submit and prosecute such an application on behalf of Elk
Mesa Properties, LLC. Please correspond directly with Mr. Green en all matters regarding such
application,
Very truly yours,
ELK MESA P.ROPERTxES, LLC,
a Color do Limited lability company
By:
ri
Gary Elwee, Project Manager
12/ wy/ zuu 1 U: 4b J12 -42(-U421
12/03/2005 16.49 FAX 1.97094597uo
I LNCU _LNG
I- L
LARRY GREEN 12 003
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and ELK MESA PROPERTIES, LLC (hereinafter
APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for PUD ZONE TEXT
AMENDMENT (hereinafter, TSE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 93-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cast of
consulting service determined necessary by the Board of County Conunissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
ELK MESA PROPERTIES, LLC
Signature
Date:
Thomas E, Neal
,Y/0 s
Print Name
Mailing Address:
2929 County Road 114
Glenwood Springs, CO 81601
10/2004
JG1r7`n�r
Page 4
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW246570-4
Schedule A Cust. Ref.:
Property Address:
TBD COUNTY ROAD 114 GLENWOOD SPRINGS, CO 81601
1. Effective Date: August 12, 2005 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 10-17-92
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
ELK MESA PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW246570-4
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
1. WARRANTY DEED FROM ELK MESA PROPERTIES, LLC, A COLORADO LIMITED LIABILITY
COMPANY TO JOHN A. ELMORE II CONVEYING SUBJECT PROPERTY.
NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS
FOLLOWS:
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ELK MESA
PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JOHN
A. ELMORE II.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE
GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2004 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL
BE DELETED AND ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS.
ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND
SEWER CHARGES ARE PAID UP TO DATE.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. CW246570-4
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
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 theretofore 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. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
S. Liens for unpaid water and sewer charges, if any.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 20,
1911, IN BOOK 71 AT PAGE 523, RECORDED JULY 3, 1923 IN BOOK 112 AT PAGE
568, RECORDED NOVEMBER 11, 1916 IN BOOK 92 AT PAGE 297.
10. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 79-15
RECORDED JULY 10, 1979 IN BOOK 531 AT PAGE 250.
11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 83-274 RECORDED AUGUST
23, 1983 IN BOOK 633 AT PAGE 851.
12. TERMS, CONDITIONS AND PROVISIONS OF CONSENT TO VACATE PLAT RECORDED JUNE
06, 1984 IN BOOK 651 AT PAGE 70.
13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992
IN BOOK 891 AT PAGE 512.
14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 96-34 RECORDED JUNE 18,
1996 IN BOOK 982 AT PAGE 103.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW246570-4
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
15. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED JULY 16,
1996 IN BOOK 985 AT PAGE 479.
16. EASEMENTS AND RIGHTS OF WAY FOR DITCHES, PIPELINES AND UTILITY LINES AS
CONSTRUCTED AND IN PLACE.
17. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED APRIL
25, 2002 IN BOOK 1349 AT PAGE 542.
18. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED DECEMBER
19, 2002 IN BOOK 1418 AT PAGE 359.
19. ENCROACHMENT OF EQUIPMENT IN THE NORTHWESTERLY CORNER OF SUBJECT PROPERTY
AS SHOWN ON BOUNDARY SURVEY DATED SEPTEMBER 7, 2005 PREPARED BY SCHMUESER
GORDON MEYER, INC.
20. POSSESSORY RIGHTS OUTSIDE OF FENCE ALONG THE SOUTHERLY BOUNDARY AS SHOWN
ON BOUNDARY SURVEY DATED SEPTEMBER 7, 2005 PREPARED BY SCHMUESER GORDON
MEYER, INC.
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district,
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material -men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed
mechanic's and material -men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Form DISCLOSURE 09/01/02
JOINT NOTICE OF PRIVACY POLICY
OF
LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing
you with this document, which notifies you of the privacy policies and practices of Land Title
Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance
Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
* Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
* Non-financial companies such as envelope staffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
Form PRIV.POL.ORT