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HomeMy WebLinkAbout2.0 CorrespondenceGarfield County Community Development Department January 4, 2017 Dan Dennison High Country Engineering 1519 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 RE: Withdrawal of the Martinez Small Contractor Yard, GAPA-06-16-8459 & the Martinez Flood Plain Development Permit FDPA-06-16-8460 Dear Dan: Thank you for meeting to go over the status of the two Martinez Applications, for a small contractor yard and a flood plain development permit. At our meeting you were advised that the time lines and related extensions to address all the completeness issues associated with the two submittals had expired. Pursuant to Section 4-101(B)(2)(a) of the Land Use and Development Code, if the Applicant fails to correct the deficiencies in the Applications within 60 Calendar days, the application shall be considered withdrawn and returned to the Applicant. In accordance with this Code provision we are returning to you the Application submittals and closing the associated files with the notation that they were not determined to be complete and are considered withdrawn. You have already re -submitted new Applications for the requested uses and we look forward to finalizing the completeness review process for those submittals as soon as possible. Thank you for the quick turnaround with the re -submittals. I will contact you with any questions that come up regarding the new submittals and an update on their completeness. Sincerely, Glenn Hartmann Senior Planner GARFIELD COUNTY STAFF BILLING Project/File # Martinez Contractor Yard Adminstrative LUCP Owner: Taani Martinez Representative Dan Dennison, High Country Engineering Invoice Mailing Staff: Glenn Hartmann Base Fee $400 Date Description of Work Performed Code Hours 5/27/2016 6/17/2016 Initial Review Detailed Completeness Review incl. Finalizing NTC Letter CR CR 0.25 0.75 Total Hours 1 Fee Calculation Director Total Other Charges Hrs @ $ 50.50 = $ - Plan. Manager $ (359.50) Hrs @ $ 45.50 = $ - Sr. Planner 1 Hrs $ 40.50 = $ 40.50 Plan. Tech. Hrs @ $ 33.75 = $ - Adrnin. Asst. Hrs @ $ 30.00 = $ - Total Fee $ 40.50 Total Other Charges Grand Total $ 40.50 Base Fee (Minus) $ 400.00 Balance Due $ (359.50) NOTES: 1. Codes: a. CR(Completion Review) b. AR (Application Review) c. RW (Report Writing) d. RA (Review Agency Reporting) e. SV (Site Visit) f. MH (Meetings and Hearings) g. TC (Telephone Conference) h. GIS (Geographic Information Systems) i. AS (Administrative Support) j Misc. (postage, copies[0.25/page], fax) 2. Fees: Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognizes that the land use application process time varies and that an Applicant should pay for the total cost of the review which may require additional billing. Hourly rates are based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost of the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. T:\Planning\Current Planning\Land Use Change Permits\Floodplain Development\Martinez Flood Plain\Martinez Flood Plain Permit - PrdjW/ E1§3:46 PM June 17, 2016 Garfield County Dan Dennison High Country Engineering 1519 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Community Development Department RE: Completeness Review Martinez Flood Plain Development Permit FDPA-06-16-8460 Dear Dan: Thank you for your submittals for the Flood Plain Development Permit on the Martinez property located at 335 Village Dr., submitted on behalf of Tani Martinez and Gloria Strouse. Our completeness review included input from the County Attorney's Office and has identified a several items that need to be addressed or clarified prior to a determination of technical completeness. Please respond to the following items: 1. On the Application Form the owners and the signatories should conform and include both owners. 2. A current deed for the property is needed showing ownership by the Applicants. 3. The list of property owners within 200 ft. needs to be reviewed and corrected to conform to the lists obtained from the County records. 4. Information on mineral rights owners is required and should include details on how the research was conducted. A memo with research information from the County Attorney's Office is attached. 5. Application information responding to Section 3-301 (E) needs to address the standard associated with no adverse impacts on adjacent properties. 6. Application information responding to Section 4-109 (3) and (7) needs to address the velocity of flood waters as it relates to potential for material, equipment, and sediment transport off site onto other lands. Erosion issues, floatable hazards, and placement of fill material (if any) need to be addressed. 4-441411.6j rat IthyA; Ike 7. The Application and Flood Plain Analysis needs to comply with the requirements of Section 4-203 (0). Application formatting should follow the section outline with references to Items #1 - #5. The Flood Plain Analysis needs to include the engineer's stamp. 6. The Application needs to confirm that the site and drainage plan topography and elevations are consistent with the datum used on the flood plain mapping. A follow-up meeting or telephone conference with staff is recommended to clarify any of the above items. Once the above topics are addressed we can finalize our completeness review and schedule a date for your Director's Decision. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60 -days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. I look forward to addressing the completeness items as quickly as possible and moving forward with your review process. Sincerely, /22 - Glenn Hartmann Senior Planner Garfield County 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 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. 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.