HomeMy WebLinkAbout02.0 Pre-Application Conference SummaryGarfield County
Community Development Department
108 8t' Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.2arfield-county.com
PRE -APPLICATION
CONFERENCE SUMMARY
DATE: 11/25/20
TAX PARCEL NUMBERS: 2175-343-00-174 and 2175-344-00-175
PROJECT: Amended Final Plat for Red Apple Orchards, Lots 44 and 45
OWNERS/Applicants: Buffalo Basin LTD
CONTACT: John Savage
SURVEYOR: Bookcliff Survey Services Inc.
PRACTICAL LOCATION: Approximately 1'/2 miles west of the City of Rifle, off of County
Road 320, including address 4432 County Road 320, Rifle, CO 81650.
TYPE OF APPLICATION: Amended Final Plat
ZONING: Rural (R)
I. GENERAL PROJECT DESCRIPTION - BACKGROUND
The Applicant is owner of both lots and is proposing to amend the East/West property line
between Lots 44 and 45 to conform to the existing road/driveway and resolve the house
location which currently straddles the lot lines. The proposed plat would create conforming
setbacks for the existing home. No other changes are proposed.
The Approval Criteria for an Amended Final Plat are noted below:
1. Does not increase the number of lots; and
2. Does not result in a major relocation of a road or add any new roads; or
3. Will correct technical errors such as surveying or drafting errors.
In addition to addressing the above criteria, the Application needs to include at a minimum a
statement that the amended plat will not affect any Article 7 issues including but not limited
to drainage, access and utility services or provide that appropriate easements as necessary
will be included on the amended final plat.
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. It is recommended that the outline be utilized as a check list for submittal:
General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form.
All owners must sign the Application or include a signed consent form and
authorization to represent letter.
❑ A narrative describing the request and related information.
❑ A Vicinity Map.
❑ Proof of Ownership (title work or copy of a deed) and information on any lien
holders.
Names and mailing addresses of property owners within 200 ft. of the subject
property.
Mineral rights ownership for the subject property including mailing address (see
attached mineral research form).
If the owners intend to have a representative complete the Application and
processing then an additional authorization letter is needed.
Copy of the Preapplication Summary needs to be submitted with the Application.
The Proposed Plat showing the revised lot configurations.
The Proposed Plat shall include a purpose statement and plat notes describing the
purpose of the amendment and all required mergers.
The Proposed Plat shall include certificates for Lienholder Consent or separate
consent documentation provided acceptable to the County Attorney's Office.
A copy of the original subdivision plat.
All easements still in place shall be shown on the amended plat and all required
details including certificates (signature blocks) shall be included on the plat.
A copy of the improvement location information may be required to confirm that no
non -conforming conditions would result from the amendment.
The Application should include a waiver request from submittal of an Improvements
Agreement and from submittal of the entire covenants. Reference to the waiver
criteria in Section 4-118 should be included.
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 a statement 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 and/or reflect that
any appropriate easements as necessary will be included on the amended final plat.
Copies of the Homeowners Association Review if applicable and available.
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,
County Assessor's Office Mapping Department, Garfield County
Attorney, Garfield County Building Department, Homeowners
Association.
V. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $na (County Surveyor may have billing)
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:
j°. r
/ "), / "L ' - -
11/25/20
Glenn Hartmann, Principal Planner Date
Approximately 2 months if submittal is complete
Fe 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.
flGarfleldcouny
MEMORANDUM
TO: 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 iandou-ner 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 0)(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.
MEMO
June24,2014
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 %%ere 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 sec 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 narne(s) and
address(es) of the current mineral interest owner( ).
Mineral interest research can be a difficult and time consuming process. lfyou 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.
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