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HomeMy WebLinkAbout1.01 Supplemental Application DocumentsGaffield County a a a Community Development Department Mineral Research Description - CR 154 Gorrection Rezoning - JKS Business Genter The Community Development Department is processing this Correction Rezoning Application in accordance with Section 4-113(8)(2) of the Land Use and Development Code Notice to mineral rights owners is required by the Code for the Administrative Review process required for this Correction Rezoning. Community Development Staff has completed research of mineral rights for the affected property as noted below and in accordance with applicable provisions of the Land Use and Development Code and the Mineral Rights Research Memorandum dated 6124114 prepared by the County Attorney's Office. 1. Staff accessed information and documentation through the Eagle Recorder links to the Garfield County Clerk and Recorders Office and Assessor's Office. 2. Review Deeds for the affected properties were reviewed and reflected historic reservation of mineral rights for Josephine Coryell, now deceased. 3. Review of other recorded documentation contained confirmation of Josephine Coryell's passing and administration of her estate. 4. No record of conveyance or inheritance of her mineral interests in the affected properties were found. 5. Title Commitments for the affected properties were provided and reviewed by Staff. They reflected the aforementioned mineral rights reservations. Based on the above research and the lack of any evidence of mineral conveyance, Community Development Staff has executed the Certificate of Mineral Owner Rearch to reflect that the mineral estate is owned by the current property owner. Glenn Hartmann Director of Community Development 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 94s-8212 Gurfield Coanty CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Lond Use Chonge Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. S 24-65.5-LOL, 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(EX1Xb)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S, S 24-65.s-IOt, 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. S 24-65.5-10t, et seq, and Section 4-101 (EXlxbXa) 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 occurately reflects the result of research): - I own the entire mineral estate relative to the subject property; or Ckrrn"mls are owned by the parties listed below: The names and addresses of any/all mineral owners identified are provided below (attach additional pages as necessary): I acknowledge I reviewed C.R.S. S 24-55.5-10t, et seq, and I am in compliance with said statute and the LUDC. ,r?/-/ Name of MineralOwner Mailing Address of Mineral Owner ^t11, t1,,,til6t bhllot uJ--Cwra f [, 6rt odo> (! wt t+y' 0 50 70 Cwi"l, IL4 lbr /)Ic''twtd fx^r h 7(bol v Applicant's Signature Date u/*f u' COUNTY ROAD 154 – JKS BUSINESS CENTER MAP CORRECTION REZONING APPLICATION SUPPLEMENT - AMENDMENT 7/31/25 The following supplement outlines the chronology and timeline of events associated with the Zoning of the JKS Business Center and amends the original submittals for the Application for a Map Correction – Rezoning. • In 1978 four lots were created by BOCC Resolution 78-21. They were identified in the resolution as Lots A, B, C, and D and the Resolution contained metes and bounds legal descriptions for all four lots. The sizes and location of the four lots were as follows: o Lot A – 0.60 acres (located at the east end of the JKS Properties) o Lot B – 0.34 acres (centrally located west of and adjacent to Lot A) o Lot C – 0.48 acres (centrally located west of and adjacent to Lot B) o Lot D – 0.23 acres (located at the west end of the JKS Properties) • Lot A has been adjusted in size associated with an illegal lot split (Reception No. 257104) and also reflected in the JKS conveyance deed (Reception No. 586104). • Lot D has been adjusted in size associated with adjacent unplatted land,and an illegal boundary line adjustment (Reception No. 451238) with the adjacent Iron Mountain Condominiums. • Lots B and C remain consistent with the original legal descriptions as approved in 1978. • In 1992 the BOCC passed Resolution 92-005 that rezoned property to Commercial Limited (C/L). The resolution contained legal descriptions for three tracts described as follows. Community Development Department o First parcel described as 0.61 acres and rezoned from R/G/SD to Commercial Limited (C/L). o Second parcel described as 0.34 acres rezoned from Commercial General C/G to Commercial Limited (C/L). This Parcel is consistent with Lot B from the original Subdivision Exemption. o Third parcel described as 0.48 acres rezoned from Commercial General (C/G) to Commercial Limited (C/L). This Parcel is consistent with Lot C from the original Subdivision Exemption • In 2022 the current owner of the JKS Business Center acquired properties by Bargain and Sale Deed recorded at Reception No. 901264 described as two tracts and referenced as Assessor’s Parcel No. 2395-011-00-036 with an address of 5052 County Rd. 154 and Assessor’s Parcel No. 2395-012-00-141 with an address of 5010 County Road 154. EFFECT OF THE ABOVE DETAILS AND LEGAL DESCRIPTIONS A. The legal descriptions of Lots A and D of the Original 1978 Subdivision Exemption have been modified and do not align with the legal descriptions contained in the approval resolution. These lots need to go through an amended plat process and potentially Boundary Line Adjustment procedures to achieve proper County approval of the amendments. These procedures should be completed by the affected property owners prior to formalizing any rezoning as the legal descriptions also no longer conform with Resolution 92-005. B. Rezoning of these tracts should be initiated by the current owners and processed as typical Rezoning Applications pursuant to Section 4-113 of the LUDC. C. Lots B and C of the original subdivision Exemption are intact with legal descriptions consistent with both the original subdivision exemption and two of the lots described in Resolution 92-005. D. These two lots are appropriate for rezoning as a Map Correction Rezoning Consistent with Section 4-113(B)(2) of the LUDC. They are included in the current Amended Application. AMENDED SCOPE OF THE MAP CORRECTION APPLICATION Based on the above information and clarifications the current application is hereby amended as follows: • The Application for Rezoning is amended to include only Lots B and C of the Original Exemption approvals. • The legal description for the Application amended to Lots B and C as described in Resolution No. 78-71 recorded at Reception No. 981256 and further described as the 0.34 acre parcel and the 0.48 acre parcel in Resolution No. 92-005 recorded at Reception No. 431343 with the Garfield County Clerk and Recorder. • Page 1 of the Application Form is amended to reflect that only Parcel No. 2395-011- 036 is the subject of the Map Correction Application and the physical address of the affected property is amended to read “Generally in the area of 5052 and 5134 County Road 154, Glenwood Springs, CO 81601 in accordance with the Assessor’s Office records” • The Vicinity Map for the Application has been updated and corrected from the original submittals as reflected in the Attached Map. Said map includes only Lots B and C. • The Adjacent and Property Owners within 200 ft. List has been updated based on the amendments and the revised scope of the request. The revised list is attached. _________________________________ Glenn Hartmann Director of Community Development .48 Acre Parcel per Resolution No. 92-005 Reception No. 431343 Also identified as Exemption Parcel C per Resolution No. 78-71 as recorded under reception no. 981256 Being further described per Paragraph 3 of that "Parcel A" description included in the "Exhibit A" appended to current vesting Bargain and Sale Deed reception no. 981264 .34 Ac. & .48 Parcel Zone District Amendment per Resolution No. 92-005 - Reception No. 431343 - Reference Map µ .34 Acre Parcel per Resolution No. 92-005 Reception No. 431343 Also identified as Exemption Parcel B per Resolution No. 78-71 as recorded under reception no. 981256 Being further described per Paragraph 2 of that "Parcel A" description included in the "Exhibit A" appended to current vesting Bargain and Sale Deed reception no. 981264 Account Number ParcelNo OwnerName R011607 239501201003 NICKOLAY, CLIVE & NAOISE R111911 239501200141 JKS BUSINESS COMPLEX LLC R011391 239501200030 OELTJENBRUNS, LEONARD L & LINDA S R011606 239501101002 PETERSEN, CRAIG E R011605 239501101001 PETERSEN, CRAIG E R112052 239501100145 NEILEY, RICHARD Y & MANISCALCHI, MARIA E R111275 239501100036 JKS BUSINESS COMPLEX LLC R112102 239328300024 ROARING FORK TRANSPORTATION AUTHORITY In Care Of Address 2 City State 5011 COUNTY ROAD 154 GLENWOOD SPRINGS CO 5080 COUNTY ROAD 154 GLENWOOD SPRINGS CO 4939 COUNTY ROAD 154 GLENWOOD SPRINGS CO 5109 COUNTY ROAD 154 GLENWOOD SPRINGS CO 5109 COUNTY ROAD 154 GLENWOOD SPRINGS CO 5157 COUNTY ROAD 154 GLENWOOD SPRINGS CO 5080 COUNTY ROAD 154 GLENWOOD SPRINGS CO DAVID JOHNSON, DIRECTOR OF PLANNING 1340 MAIN STREET CARBONDALE CO ZipCode Situs Address 81601 005011 154 COUNTY RD 81601 005010 154 COUNTY RD 81601-9678 4939 154 COUNTY RD 81601 5107-005109 154 COUNTY RD 81601 81601 005157 154 COUNTY RD 81601 005052 154 COUNTY RD 81623 RAILROAD R.O.W.