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Home My WebLink About1.08 Big R Lot 1 Minor Sub Pre-App Revised 2020Garfield County Community Development Department 108 8t" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE LSUMMARY a TAX PARCEL NUMBER: 217711103001 DATE: July 7, 2020 OWNER: Rifle Real Estate Solutions 1 LLC; Represented by Nicole Garrimone-Campagna. PRACTICAL LOCATION: 28485 Hwy 6 Rifle (Highway 6 & Gamet Circle) TYPE OF APPLICATION: Minor Subdivision of Big R Commercial Park, Lot 1 (Reception Number 736855) I. GENERAL PROJECT DESCRIPTION The following is a revised Pre -Application Summary based upon revised plans provided by Nicole Garrimone-Campagna of Garfield & Hecht, P.C. to the Community Development Department. The original Pre -Application Summary was completed in September 2019 and was based upon a three lot subdivision of Lot 1, Big R Commercial Park. That proposal has now been revised to subdivide Lot 1 into only two lots. The Applicant is proposing to re -subdivide Lot 1 of Big R Commercial Park into two individual commercial lots. Lot 1 is currently 8.93 acres. The Big R Commercial Park subdivision was originally created in 2007 (Reception #736855). The original plat created 10 commercial lots. The current zoning of Lot 1 is Commercial — General. A division of 3 lots or less may qualify as a Minor Subdivision if the criteria of Section 5-301 Land Use & Development Code (LU&DC) are met. The Garfield County Comprehensive Plan 2030 Future Land Use Map designates this area within the Rifle Area of Influence and Urban Growth Area, as well as Rural Employment Center. The original Big R Commercial Park subdivision was the subject of extensive review, analysis, plat notes, conditions of approval and subsequent actions by the BOCC. The re - subdivision of Lot 1 will be carefully evaluated for compliance to these past conditions and actions. In addition, the CC&R's contain information required by the County at the time of approval and may have a bearing upon re -subdivisions of land within the Big R Commercial Park subdivision. Revisions to the original CC&R's have recently been recorded. Both the original and revised CC&R's will be considered as far as they relate to the County's original concerns. There are multiple separate buildings and businesses occupying the current configuration of Lot 1. These existing buildings are anticipated to be retained in the short term. The re - subdivision will configure the newly defined lots with the existing buildings. Configuration of the new lots must comply with the zoning standards of the Commercial — General zone district. Avoiding the creation of setback or zoning standard violations will be closely evaluated. It is our understanding that each of the original lots are served by an existing individual domestic well and individual septic system. Lot line configurations for the re -subdivision of Lot 1 should consider existing well and septic systems and appropriate locations for new wells and septic systems to serve new lots. Limitations imposed from the original Big R Commercial Park subdivision limits the number and location of ingress and egress for access into Lot 1. The re -subdivision of Lot 1 should carefully consider the previously approved location of the ingress and egress access points in the proposed lot line configurations for the Minor Subdivision. Fire protection was an important concern in the original Big R Commercial Park. It is assumed that these concerns have been resolved. Fire protection will be carefully evaluated during further subdivision requests of Lot 1. Article 7: Standards of the LU&DC contains a variety of standards and requirements that are applied to subdivision proposals. Parking is typically an important consideration for commercial lots. Requirements for off-street parking and loading can be found in Section 7- 302 LU&DC. Please be advised that the Garfield County Planning Commission will be considering revisions to the LU&DC at their July 8, 2020 regular meeting. Some of these revisions may be applicable to Lot 1 or this Minor Subdivision proposal. You are encouraged to review the Planning Commission's agenda & packet on Garfield County's website (here) for more specific details. Depending upon the timing of your formal application and the Planning Commission's direction some of these revisions may be applicable. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030; 2 • Garfield County Land Use and Development Code, as amended, including but not limited to; o Table 5-103, Common Review Procedures & Required Notice for Minor Subdivision o Section 5-301, Minor Subdivision Review o Table 4-102, Common Review Procedures and Required Notice o Table 5-401, Application Submittal Requirements. o Article 7: Standards III. REVIEW PROCESS The process to accommodate this request shall require submittal of Minor Subdivision processed pursuant to the LUDC, Section 4-103 Administrative Review and Table 5-103. • The review process shall follow the steps as contained in Section 5-301 (see attached flow chart and below outline). • Pre -Application meeting — originally conducted Aug. 23, 2019. Revised proposal June 2020 is the subject of this Pre-App Summary; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. These application materials are generally summarized below, including but not limited to: • Application Form (Signed by property owners of Lot 1) • General Description of the request outlining the reason for the Minor Subdivision. • Demonstration of compliance to Minor Subdivision Review Criteria Section 5-301. C. • Demonstration of compliance to Article 7: Standards • Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (a title commitment for platted lots) • Statement of Authority (if an LLC or Corporation) and Letter of Authorization, as necessary. • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary 3 ■ Names and addresses of all property owners within 200 feet of subject parcels (outside boundaries of Lot 1 and Lot 2) and all mineral owners of the subject parcels (Lot 1 and Lot 2). ■ Certification of Mineral Research ■ Vicinity Map ■ Improvements Agreement ■ Site Plan with all improvements illustrated ■ Final Plat (Consistent with Section 5-402F, plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) ■ Code, Covenants, Restrictions (if applicable, book and page or reception number needs to be referenced on the plat) 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. Referral Agencies: May include Town of Rifle, Garfield County Designated Engineer, Re-1 School District, and County Surveyor. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 400.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 400.00 (additional hours are billed at $40.50 /hour) 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: 4 Y July 7, 2020 Vince Hooper, PMP Planner III Date 5 S. Section S-301 Minor Subdivision AiSprOeiDia V.Ir 1 monttrs If sjbminai is €oniplete Garfield Cap no' Minor Subdivision Review Process [SettiuI 3trp is Pr*-apolicatfai Conference * Applicant has 6moiLthi ea submitapplltaado Step 2: 14pp1Ithtrbn SUE rnitte4 Step 1: Completeness IRewiew • 10 bL,sIneis days 1v review • IF4rrcarnpkw.50dayc rorrnxdfdefidencii litep ,15! Schedule be.tIsiori Date and Provide Notice +Mailed toad}ioentproperty owners within CC! feet and mineralcrwnerj at Matt 15days pflor to decision. date Step S, Ftefe,'rat • 11 claycanrmenR perrad Step 6; Nilwtion by Director Step 7; Director% Drcrslan + Lill up Perked • within 10 days of Director DeCiiiG4 •AppliLant has 90days to meet any Larrjntansoi approval 6 Garleld County 7 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 24-155.5-103 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. 7 MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the CIerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may fmd 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 subj ect 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 sandmen specialize in determining mineral rights ownership, but they charge a fee for their services. 8 ►'' Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, 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(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, 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. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) 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 accurately reflects the result of research): - I own the entire mineral estate relative to the subject property; or - Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature Date