HomeMy WebLinkAbout2.0 Pre-Application Conference SummaryGarfield County
Community Development Department
108 8t'' Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2395-134-05-015 & 2395-134-05-016
DATE: 12/26/19
PROJECT: Aspen Glen, Lots H38 and H39 Amended Plat to Combine Lots
OWNERS: Lawrence A. Denton (per Assessor's Office Records)
SURVEYOR: To be determined
PRACTICAL LOCATION: 106 Saddleback Road, Carbondale CO 81623
TYPE OF APPLICATION: Amended Final Plat
ZONING: Aspen Glen PUD
I. GENERAL PROJECT DESCRIPTION
The Applicant plans to request approval to dissolve the lot line between Lots H38 and H39
effectively merging the two properties. The properties are in the same ownership and a
draft plat has been prepared. The amended plat will need to address potential changes to
easements on the properties and changes to the building envelopes. Review and input
from the Aspen Glen HOA will also be of assistance as the application is processed. The
amended plat will need to meet all Land Use and Development Code and survey
requirements for Final Plats.
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 and Review Criteria
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 may be applicable
III. SUBMITTAL REQUIREMENTS
As a convenience, outlined below is a list of information typically required for this type of
application. The listing can function as a checklist for your submittal.
General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form.
A narrative describing the request and related information.
Description of building envelopes, to include the original size of both existing building
envelopes and the size of the proposed building envelope should the building
envelopes be combined. The proposal should reflect no net increase in the building
envelope area.
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.
❑ 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 and any changes shall be shown and labelled.
All required certificates (signature blocks) shall be included on the plat.
As there are improvements on the property improvement location information/survey
shall be required to confirm that the revision to the lots and building envelopes will
result in 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
8W 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 needs to include a copy of the relevant zoning from the
PUD Guide.
The Application should include a representation that the amendment will not result in
any changes to drainage, access, 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 follow 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:
Angie Martel J Planner
l22CP2019
Date
Approximately 2 months if submittal is complete
re Garfield County
Amended Final Plat Review Process
(Section 5-305)
Step 1: Pre -application Conference
• Applicant has 6 months to submit application
Step 2: Application Submittal
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 5: Referral
•21 day comment period
Step 6: Evalution by Director
Step 7: Director's Decision
•Call-up Period - within 10 days of Director's Decision
• Final Plat must be signed by the BOCC and be recorded within 10
business days of approval.
Garerd County
MEMORANDUM
TO: Staff
FROM: County Attorney's Office
DATE: .lune 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-
11? 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.
' 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.