HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
1OB 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8 21 2 F acsimile: 970. 384 .347 O
www.qarfield-cou ntv.com
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
Oo be completed bY tho .Ppllcant.)
F Street Address / General Location of Property:
0050 JuniPgr Hill Lane -
P Legat Description: Lot 36. Pinvon Mesa PUD Phase 1
D Subdivision Name: Einvon Mesa PUD Phase 1
P Description of Propos6l; _ Enlarqe Buildino Envelope for L-ot 36 within the
approved set-backs -
D Name of Prooerw Owner (Applicant):-Gerald T, Phinney & Charlene M. Phinney
D Address: 55 Sumac Ct. TelePhone:
D City:Parachute State: CO Zip Code: 81635 FAX:
> N ame of Owne /s Represen[ative .jfil nv (P la uelAttol!! eJ,-9!9):
Pinvon Mesa Develooment lnc.
F Address: 253 Silverlode Drive Telephone: (970)-920-3033
D City:State: CO ZipCode: 81611 FAX:
STAFF USE ONLY
D Doc. N".' ACP6q0T Date submitted:- rc Date:
) Planner:Hearing Date:
D Zone District:
Lasf Revlsed: 2n006
RECEIVED
MAY 0 8 2008
GARFIELDCOUNTY
BUILDING & PI.ANNING
t.
1.
One of the followlng 3 procedures shall apply to a request for an Amended or
Corrected Plat.
Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. lf approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above untess the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of water in terms of both the
legal and physical quality, quantity and dependability, and a suitable type of
sewage disposal to serve each proposed lot;
4) All applicable state and localenvironmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
8) Schoolfees, taxes and special assessments have been paid.
B. The Board shall consider the amended plat request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. tf proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
(1) Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3) The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requlrements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorde/s Office of Garfield
Coun$ within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ('CRS') standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22lFinal Plat Requirementsl of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. lt will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
4.
Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review,
ln addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
It. APPLICAT!ON SUBMITTAL REQUIREMENTS
(The fotlowing steps outline how an amended or corrected plat application review process works
in Garfield CountY.)
A. The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the 'Procedural Requirements' section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A nanative explanation of the reason for the application.
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment,
4. The Applicant shall sign the 'Agreement For Payment" form and provide the Base Fee
of $100.00 with the aPPlication.
S, Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
B, For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
tra nsferred/relocated followi ng the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a lefter from the property
owner(s), if other than the applicant.
4
Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
Evidence of the soil types and characteristics of each type.
Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:a2(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fi re district.
lf COnnection to a Community or municipal water or Sewer system is proposed, a
letter from the governing body stating a willingness to serve.
The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee of $100.00 with the application.
Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above and have provided the required attached information which is
conect and accurate to the best of my knowledge.
4.
5.
6.
7.
-6_z {
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
( Shall be submitted with application)
_(hereinafter, TFIE PROJECT).
2. APPLICANT understands and agrees that Garheld County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COLINTY 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
ipplication. 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 COLTNry 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 COLINTY 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
ru
CT,
/d 3<
APPLICANT has submitted to COUNTY an application for Arna^& d fla}
cARFIELD COUNTY (hereinafter COUNTY) *a &* o:,d C4ti^nn]- -C1,.* /. ,. f / '
(hereinafter APPLICANT) agree as follows: f
1.lol 8(o
10t2004
Page 4
ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 8l6l I
Telephone (97 0) 925 - I 93 6
Facsirnile (970) 925-3008
CLENWOOD SPRINGS OFFICE
The Denver Centrc
420 Seventh Street, Suite 100
Glenwood Springs, Colorado {J1601
Telephone (97 0) 9 47 - 193 6
Facsimile (970) 917 -1937
GARFIELD &HECHT, P.C.
ATTORNEYS AT LAW
Since I 975
www.gartreldhecht.com
May 8, 2008
i$ON OFFICE
0070 []cnchmark Road
Post Office Box -5450
Avon. Colorado 81620
Telephcrne (97 0\ 949 -07 07
Facsimilc (970) 949-l 8 I 0
BASALT OFFICE
Rrvcr View Plaza
100 Irlk Run Drivc. Suitc 220
Basalt. Colorado 8 I 62 I
Telephone (970\ 927 -1936
Facsirnilc (970) 927- I 939
David D. Smith
G le nw o o d Springs Olli ce
ds mit h@g arfi e I dh e c ht. c o m
(I/ra) HAND DELMRY
Craig Richardson
Garfield County Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Amended Plat Lot 36, Pinyon Mesa PUD Filing I
Dear Craig:
Attached hereto please find an application for an amended plat for Lot 36 of Pinyon Mesa
PUD, Filing 1. The goal of the amended plats is to enlarge the building envelope. Gerald and
Charlene Phinney own the lot, and Pinyon Mesa Development is acting as the applicant's
representative. As you know, our office represents Pinyon Mesa Development, so inquiries
concerning this matter can be addressed to John Elmore or myself.
The new building envelope will still comply with the approved setbacks, and the lot will
be subject to the overall approved lot coverage requirements. There are no other changes
proposed to the lot, and the amended lot will otherwise be bound by all of the requirements of
the approved Final Plat. There is no increase in the number of lots or dwelling units, nor are
there any relocations or additions of new roads.
After your review, please do not hesitate to contact me with any questions you may have.
Very truly yours,
GARFIELD & MCHT, PC.
0*d D, S,Ut.Lql
David D. Smith
DDS/ls
Enclosures
RECEIVED
MAY 0 I 2008
ffi,Itrf&?#,i!il
0 Prirt"d on recycled paper
Cc: John Elmore
ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 8l6l I
Telephone (97 0) 925 - 193 6
Facsimile (970) 925-3008
GLENWOOD SPRINGS OFFICE
The Denver Centre
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (97 0) 947 -1936
Facsimile (91 0) 94'7 -1937
GARFIELD &HECHT, P.C.
ATTORNEYS AT LAW
Sincc I 975
May 27,2008
AVON OFFICE
0070 Benchrnark Road
Post Office Box 5450
Avon. Colorado 81620
'1'elcphone (97 0) 9 49 -0'7 07
Facsirnile (970) 949-l 810
BASALT OFFICE
River View Plaza
100 Elk Run Drive. Suite 220
Basalt, Colorado 8162 I
Tclephone (970) 927 -1936
Facsirnile (970) 927 -1939
Lisa E. Schoon
G le nwood Sprirtgs Oflice
I s c hoo n @ g a rfi e I dlr.e c |il. t o nt
www. Ltarfi e I dhech t. com
(Vla)HAND DELIVERY
Craig Richardson
Garfield County Buiiding & Planning Depaftment
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Amended Plat l.ot 36, Pirryon Mesa PUD F'iling 1
Dear Mr. Richardson:
I have enclosed the original authorization signatures of Gerald and Charlene Phinney to
go with the amended plat application for Lot 36. Pinyon Mesa PIID Filing 1. This application
was hand deiivered to your office on May 22,2008. Please do not hesitate to contact our office
with any questions you may have. Thank you.
Very truly yours,
GARFIELD & I{I1CIIT, P.C.
Enclosure
RECEIVED
MAY 2 3 zoos
'9,fffi,ifl?,?ff^iil
E. Schoon, Legal Assistant
0 P.int"d on recycled paper
By,
l'ilAY, 22, 2008 l2:35PM GARFIELD & HICHT N0 5209 P 2/2
MaY22,2008
Craig Richardson
Garfiekl County Building & Planning Department
108 8th Street, Suite '(l1
Glenwood Springs, CO 81601
Re: Amendod Plfr Lot 36, Pinyon Mesa PUD Filing I
Dear Mr. Richardson:
We hereby autlrorize Pinyon Mesa Development Inc. and John Elmore to act as
designated rcpresentatives in r.g*is to the application io .,lTd to the plat for Lot 36 of Pinyon
ueJ pun niing t. We also authorize David D, Smith of Garfield & Hecht" P.C. to represent
our interests in meetings with the Board of County Cotnmissionors,
Please contact w if you need anything frrther at: (970) 285-9012. Thank you for you
tims and consideration.
Sincerely,. ^/ I/#,7'^""'"t-
)vg tr2
,Gerald an9F&lene PhinneY
RECEIVED
MAY 2 8 2008
ttfffi,t;?r??,tiil#
, --.ceivffi-l
MAY2Bzoo8
!ii
lG a H Gtenuvoool
Apr 30 0B 02:41p Charlene Phinney
ilt I ill lll I llllilll Illlll lllll I lll
}VARRANTY DEED
THEDEDD, Hade on this day of OctqFer 2?, 2007 , betr''een
PIN:ION MESA DE1rELOPME!{1I' INe, A COLORADO CORPORATION
970285901 2 p.2
STATE DOCUMENTARY FEE
Date: Oceober 22, 2OO7
xhose tegal
of the
, TtrITNEss, That the crantor(s), for and in consideration of the sLIn of ($2251000-00 )
**,r Two Hundred Twenty Five ThousrDd and 00/100 1'**
the receipt ard sufficierrcy of uhich is hereby acknoHtedged, has gnanted, bargained,_sotd and conveyed, and by these
oJ the County of
GERAIJD T. PHXNIIEY AIID CIIARLENE !'l' PHINIiIEY
presents does grant. bargain,
not in tenancy in cormon but
$ 22.50
and state of
--gO!q.@-,
of the Orantor(s), ard
DOLLARS
ript
address is :55 SU!dAC COIIRT P4RAOIIITE' CO 81535
Countv of
sett, convey ard confirm unto the Grantee(s), their heirs and asslgns forever,
in joint tenarry, att the real property, together rith fmproverents, if any, 6ituate,
tyfng and being in the
LOT 36
county of GARFIEI,D ard state of Cotorado, descrjbed as follot'ts:
PIIWON MESA P.U.D.
eEdonorNe ro rrrc FrNAr pLAT TSEREoF REcoRDED As REcEPrroN No. 734761.
COI'NTY OT GARFIELD
STATE OF COI.ORBDO
also known as street number LOT 36, TBD ,TIINIPER HIIJL LANE. GLENWOOD SPRfNSS, CO 81501
TOGETIIER Hith atL and singular and hereditaments rrd appurtenances thereto belonging, or in arryuise appertainine
and the reverslon and reversions, remainder and renraindersr rents. jssues and profits thereof; and aIt the estate, r'ight
title interest, ctaim and demand lhatsoever of the GrEntor(s), either in lan or eqr.rity, of, in and to the above bergained
premises. rith the hereditaments and aPpurtenances;' TOIIAVE ANDTOHOLD the said premises above bargained and described r.rith apPurtenances, unto th€ Grantee(s),
their he.irs and assigns forever. Ihe Grantor(s), for himse[f, his heirs and persona] representatives, does covenant, grant,
bargain, and agree to and Nith the Grantee(s), their heirs ard assigns, that at the time of the enseating arrd delivery
of these presents, he is r+e[[ seized of the premises above conveyed. has good, sure, Perfect, absotute and indefeasible
estate of inheritance, in Iax, in fee simple, arrd has good right, futt pouer and tar,rfut authonity to grant, bargain,
selt and convey the same in nanner and {srm as aforesaid, and that the sarne are ftee and ctear from all forrner and other
grants, bargains, sales, Iiens, taxes, assessments, encurbrsnces and restrictions of rhatever kind or nature soeverr
A.fCSrr GIENEPI L ?f|.7CEA ltND AgstYEs]rEItI9 FOn 7B,t YFAE 2007 AIID SOB9EQOEIfiI yl!iln Al@ 9trlL7EG, To lfr?gE f"ErE .r.9 s&f ,o,jgf, oN
EXITTD'T !tr' }Z':IAGIED JrERA:IC' N.ND IIICOft'OJI,ATED ITBNEIr{.
The Grantor(s) shalL and uilt UARRANT AH0 FOREVER DEFEIID the above bargained premises in the quiet aM peaceabte
possession of the Grantee(6), hiE heirs and assigns. Egainst att and every person or persons lawfutly c{aining the r.lhote
or any part thereof. Ihe singular nurber shalI include the ptural, and the plural the singular, and the use of any gender
shatt be appticable to att genders.
IN\IIITNESSWIIEREOIT the 6rantor(s) has executed this deed on the datc set forth above.
STATE OF COI,ORADO )
) ss.
)
instrument Fas acknoutedged before ne on this
Hy comission expires
Witness rry hand and officja[ seet,
Creating
E}TT, INC, ACOLORADO CORPORATION
Escrow# C863000933 Uhen Recorded Return
Ti tle# G863000933
Form 95 AUZ9|O4 IDJT.oPEN (Joint Tenants)
to; GERALD f. P$INNEY AHD CHARLENE M. PHIN[Ey
55 suHAc couRT, PARACHUTE, CO 81635
(5390244)