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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