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Home My WebLink About1.07 Pre-Conference Application SummaryleGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.ga rfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2395-134-06-022 DATE: 11/22/17 PROJECT: Aspen Glen Filing No. 7, Lot H-22 Amended Building Envelope OWNER: Justin and Tara Adis REPRESENTATIVE: Roger Giard, Giard Homes Contractor PRACTICAL LOCATION: 62 Horseshoe Lane, Carbondale, CO 81623 TYPE OF APPLICATION: Amended Final Plat ZONING: Aspen Glen PUD I. GENERAL PROJECT DESCRIPTION The Applicant has identified the need to amend the building envelope for their lot based on technical errors associated with improvement location surveys completed in preparation for design of their home to be constructed on the lot. The building envelope had previously been amended and the Applicant intends to return the envelope configuration to the originally platted envelope. The request is consistent with the original Aspen Glen Subdivision and PUD approvals. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 5-305 — Amended Final Plat Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable III. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: • General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form. • A narrative describing the request and related information. • Proof of Ownership (title work or copy of a deed) and information on any lien holders. • If the property is owned by an LLC or Trust a signed and recorded Statement of Authority is needed to document the authority of the signatory in regard to the Application and any authorization to represent. • Names and mailing addresses of property owners within 200 ft. of the subject property. Mapping showing the ownership is recommended. • Mineral rights ownership for the subject property including mailing address. • If owner intends to have a representative complete the Application and processing then an authorization letter is needed. • Copy of the Preapplication Summary needs to be submitted with the Application. • The Proposed Plat showing the existing and proposed building envelope lines. All easements should be shown and all required certificates (signature blocks) shall be included on the plat. • If the lot is vacant no improvement location information is required. If there are improvements on the property improvement location survey shall be required to confirm that the revision to the envelope will result in a conforming setbacks. • A Vicinity Map for use in the required public notice is needed. The vicinity map should include that area within approximately 3 miles of the proposal and be on an 81/2 " x 11 " format to allow attachment to the public notice. • The Application should include a waiver request from submittal of an Improvements Agreement. Reference to the waiver criteria in Section 4-118 should be included. • A waiver from submittal of the entire Covenants for the PUD may be requested however the Application does need to include a copy of the relevant zoning from the PUD Guide for the'/ acre PUD Zone District. • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, will not affect utility services, and any other applicable Subdivision and Article 7 topics. • Copies of the Homeowners Association Review of the request if available at the time of submittal should also be provided. • Any other supporting information indicating that the change is consistent with the PUD approvals, and is consistent with PUD provisions such as view plane protection. IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: > Pre -application meeting. > Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic copy needs to use a PDF format. > Completeness Review. > Additional submittals if needed. ➢ Referrals. > Setting a date for the Director's Decision. > Public Notice 15 days prior to the Director's Decision to property owners within 200 ft. and mineral rights owners on the subject property. ➢ Director's Decision including any conditions. > 10 day Call-up Period. > Finalizing the Plat and satisfaction of any conditions. > Circulation for Applicant/Owner and other signatures. ➢ The final steps in the process are Board of County Commissioners execution of the plat as a consent agenda item and recording the amended plat. Public Hearing(s): Referral Agencies: X No Public Hearing, Directors Decision (with notice per code) _ Planning Commission _Board of County Commissioners _ Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Aspen Glen Homeowners Association. V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) VI. GENERAL APPLICATION PROCESSING 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: Glenn Hartmann, Principal Planner i1 2r] 70 Date W. Section 5-305 Amended Final Plat e-a1fr1d County Amended Fbnal Plat Review Process (Section 5305) `3 tli :: Pre-4pplicjtivn Currlrrrnrr "Applicant hale 6 months to submit ■ppUation `.:rep .2 ' ppldra'iura !IArTPit1r49 _�t! rI �i'..Lotupli•li rir , Lir., ifi:'r,' • 10 business days to review •If incompk•t. 60 days to mmady deficiencies Step &: _,r'Itied Sh _ektion Da.vz Arid Pr 'de N tir.e •Mailed to adjacent property owners within 200 leet and mineral owners at least 15 days prior to decision date 621 day comment period f,tep I1''.'aIL4ti•a,ru by Dir�cCe'r • Call-up Period • within 10 days at Director's Decision • Final Pbt Must be signed by the BOCC and be recorded within 10 business days of approval. MEMORANDUM TO: Staff FROM: County Attomey'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 information to the Assessor's office so this may not provide any information, depending on your property. 6 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 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 Landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 7