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HomeMy WebLinkAbout1.01 Pre-Application Conference Summary1) General Application Materials i) Copy of this pre -application form �c Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garrield-county.com TAX PARCEL NUMBER: 2409-284-01-009 PRE -APP DATE: 5/24/17 PROJECT: Amended Final Plat OWNER: Michael and Natalie Compton (Pre -App not by current property owner) REPRESENTATIVE: Jim Joslyn —Austin Civil Group PRACTICAL LOCATION: Travelers Highlands Subdivision — Multiple Lots — West of Parachute on 1-70 ZONING: Industrial COMPREHENSIVE PLAN: Industrial TYPE OF APPLICATION: Administrative Review for an Amended Final Plat GENERAL PROJECT DESCRIPTION The Applicant proposes the development of a propane storage and distribution facility in the Travelers Highlands subdivision, south-west of Parachute along 1-70. This use requires a Limited Impact Review for a Land Use Change Permit which is discussed in a separate Pre -Application Conference Summary. Additionally, to meet both State and County mandated setback requirements, the Applicant will need to combine multiple lots into a single one. The merging of lots can be accomplished by submitting an Amended Final Plat Application. That application requires an Administrative Review and a Director's Decision. The Applicant may choose to submit the applications for both the Amended Final Plat and the Land Use Change Permit concurrently. More than likely, the Amended Final Plat application will be completed first. If approved, the Final Plat will include a Condition of Approval that the change will not take effect until the Land Use Change Permit has been issued for the Propane Storage Facility. Once the lots are merged, it will be difficult to re- subdivide the lots as the minimum lot area in the Industrial zone district is 21,780 square feet. 240928402014 �2409284010W - Zaiinq:InAusn ial • 240928401005 In ``. 240928401007'. 240928408001' . t II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS 1) Garfield County Comprehensive Plan 2030, as amended 2) Garfield County Land Use and Development Code as amended — Sections: a) Section 4-103 Administrative Review b) Section 4-203 Description of Submittal Requirements c) Table 5-103 Common Review Procedures and Required Notice d) Section 5-305 Amended Final Plat Review e) Table 5-401 Application Submittal Requirements f) Section 5-402 Description of Submittal Requirements The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review. See attached flow -chart. 01 I, I• 240928402014 �2409284010W - Zaiinq:InAusn ial • 240928401005 In ``. 240928401007'. 240928408001' . t II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS 1) Garfield County Comprehensive Plan 2030, as amended 2) Garfield County Land Use and Development Code as amended — Sections: a) Section 4-103 Administrative Review b) Section 4-203 Description of Submittal Requirements c) Table 5-103 Common Review Procedures and Required Notice d) Section 5-305 Amended Final Plat Review e) Table 5-401 Application Submittal Requirements f) Section 5-402 Description of Submittal Requirements The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review. See attached flow -chart. 01 IV. SUMMARY OF SUBMITTAL REQUIREMENTS Application materials are generally summarized below. Please refer to Section 4-203, Table 5-401, and/or Section 5-402 for a more detailed description of each requirement. 1) General Application Materials a) Application form — available on Community Development's website (Division of Land Application Form) b) Letter of Authorization — if the owner intends to have a representative submit the application c) Statement of Authority — if the property is held by an LLC or Trust (see attached form) d) Agreement to Pay Form — available on Community Development's website e) Ownership Documentation — a copy of the deed and title work with information on any lien holders for all parcels f) Names and mailing addresses of all owners of the property within 200' of the subject parcel — this is available using the Garfield County Land Explorer tool available on the Garfield County website g) Names and mailing addresses of all mineral owners on the subject site — see attached memo h) General project description I) Copy of this pre -application form 2) Vicinity Map — 8"x11" copy, showing the parcel boundaries and the neighboring properties 3) Proposed Amended Final Plat (See 5-402F for standards) 4) Respond to Standards in Article 5-305(C) Submit three paper and one electronic copy (CD or USB Stick) of the application. Both the paper and digital copies should be split into the above individual sections. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X None (Director's Decision) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment c. Anticipated Referral Agencies may include but are not limited to: County Road and Bridge, County Consulting Engineer, County Attorney, Fire Protection District, County Environmental Health Department, County Building Department, Colorado Department of Transportation, Colorado Parks and Wildlife, Colorado Geological Survey VI. APPLICATION REVIEW FEES a. Planning Review Fees:$ 100.00 b. Referral Agency Fees: TBD — Possible Consulting Engineer Fees c. Total Deposit: $ 100.00 (additional hours are billed at $_40.50 /hour) VII. GENERAL APPLICATION PROCESSING Planner reviews the application for completeness and sends the Applicant a letter once the review is finished. If the application is not complete, the Planner will request further documentation or clarification from the Applicant. Once deemed complete, Planning Staff and referral agencies then review the application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Community Development Department. The Director's decision is subject to a 10 -day call-up period, during which the Director's decision may be reviewed by the Board of County Commissioners. VIII. DISCLAIMER 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 and is good for a period of six months, after which an update should be requested. IX. APPLICATION SUBMITTAL — PUBLIC INFORMATION 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: atrick Waller Date Senior Planner 4 A. Section 4.103 Administrative 9, LGarfield County Administrative Review Process (Section 4-103) •Maybe waived by Director •Applicant has 6 months to submit application Step 3: Completeness Review • 10 business days to review •If Incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5z Referral •21 day comment period •Call-up Period- within 10 days of Director's Decision •Applicant has l year to meet any conditions of approval , .A STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity_ is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of Signature: Name (printed): Title (if any): The foregoing instrument was acknowledged before me this on behalf of 20 STATE OF COUNTY OF day of Witness my hand and official seal. My commission expires: (Date) [SEAL] )SS. 20_ by .a (Notary Public) Garfield County_ MEMORANDUM T0: Staff FROM: County Attorney's Office DATE: June 24, 2014 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)(1)(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 to 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 infomtation to the Assessor's office so this may not provide any Information, depending on your property. Memo June 24, 2014 Page 2 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 Fitter (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 fol low 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. Ifyou are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services.