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HomeMy WebLinkAbout04.0 Pre-Application Conference Summary 09.18.2018C Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.ga rfield-co un tv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2391-171-01-059 DATE: 9/18/18 PROJECT: Panorama Ranches Homestead #13 Amended Plat — Revisions to Conservation — Equestrian Easement Location OWNER: Martin and Sharon White SURVEYOR: Sexton Surveying PRACTICAL LOCATION: TBD off of Buck Point Road and Panorama Drive, Carbondale TYPE OF APPLICATION: Amended Final Plat ZONING: Rural I. GENERAL PROJECT DESCRIPTION The Applicants have identified the need to amend the final plat for Homestead #13 Panorama Ranches Subdivision, to formalize changes to the plat to allow construction of their home. A variance was granted by the Panorama Ranches HOA in 1987 to allow an encroachment into a conservation and equestrian easement. The amended plat is need to formally vacate that portion of the easement that was approved for the encroachment. Staff also anticipates that the Applicant will address through the filing of an easement agreement and/or an amended plat documenting legal access to Homestead #13 from Buck Point Road across the adjoining lot known as Homestead #53. The Applicant has been in contact with the HOA regarding the filing of the proposed amended plat. No other changes to the plat are proposed, no public improvements required and existing improvements and roadways will remain in place. 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 applicable III. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. The items are formatted as a checklist to assist in preparing a complete Application submittal: ❑ General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form. ❑ A narrative describing the request and related supporting information (i.e. HOA 1987 Resolution). ❑ 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 Applicant's lot and the existing location of the conservation and equestrian easement and the proposed changes to the easement. All other easements and required plat information shall be shown on the amended plat including all required certificates and signature blocks. ❑ Copy of the original plat and any subsequent amendments. ❑ If the lot is vacant no improvement location information is required. ❑ 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 81/2" x 11 " format to allow attachment to the public notice. ❑ The Application should include a waiver request from submittal of an Improvements Agreement. The Application should include that no public improvements are required. ❑ A copy of the Covenants for the Subdivision needs to be provided. ❑ The Application should include at a minimum representations that the amendment will not result in any changes to drainage and access, will not affect utility services, and any other applicable Subdivision and Article 7 topics. ❑ A copy of the HOA 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 approved Panorama Ranches Subdivision. IV. REVIEW PROCESS The review process shall following 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 (completed). ➢ 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 Cali -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, Panorama Ranches 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: f'Jtt, 1(11 ifir Glenn Hartmann, Principal Planner Date Approximately 2 months if submittal is complete 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 Ste. 7: Director's Decision •CaII-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. 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 021 day comment period Step 6: Evalution by Director Ste. 7: Director's Decision •CalI-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. Garfield County Land Explorer Parcel Physical Address 2391 17101022 Not available CARBONDALE 239117101023 Not available CARBONDALE 239117101058 412 BUCK POINT RD CARBONDALE 239117101059 239117101060 239117101063 239117101066 Not available CARBONDALE 1483 PANORAMA DR CARBONDALE 712 BUCKPOINT RD CARBONDALE 805 BUCK POINT RD CARBONDALE ROW Not available null Owner Account Num Mailing Address BENDIXON, JAMES ZAMANSKY, DAVID ROBERT & DIANE JEAN RAINS, LUCAS S & SUSAN Q WHITE, MARTIN & SHARON BORKOWSKI, HENRY V KUHN, NANCY J & DIAMANDOPOULOS, TED P BRUCKER, HANS E & HUGHES, LEE ANNA R011107 R011108 R111448 R111449 R111450 R111438 R111441 PO BOX 661 SPRUCE PINE, NC 28777 1820 PANORAMA DRIVE CARBONDALE, CO 81623-9694 412 BUCK POINT ROAD CARBONDALE, CO 81623 2550 VENETIAN WAY WINTER PARK, FL 32789 1483 PANORAMA DRIVE CARBONDALE, CO 81623-9695 712 BUCK POINT ROAD CARBONDALE, CO 81623-8800 805 BUCK POINT ROAD CARBONDALE, CO 81623 Garfield County Land Explorer - C,Garfield County Garfield County, Colorado Cattle Cre ne stole rid 7 239107400951 239108400261 8 239109300290 239109200235 239109300291 70, 4,, ai.. 18 T 239117200010 239117101 \ „7-7 ( 17101063. t .. - -. -- ...__. 239116200245 IIIIIT'''-' ( 239117200178 • 17 ' 239117102003r �. 239116200205 19 10 0 239117400179 dr- - 239116301055 --..-"-'--- 239116300248 lei c 239116300247 239117303010 w 0 ii- 0 z c O 20 239120100054 21 Garfield County Land Explorer Printed by Web User 1 inch = 1,505 feet ff 1 inch = 0.28 miles j W r , 0.2 0a 0.8 Miles Garfield County Colorado Garfield County www.garfield-county.com Colorado a Disclaimer This Ise compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 9/18/2018 at 6:09:51 PM Garfield County 1 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 24-65.5-103 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 decd for the property (i.c. Warranty Deed, Special Warranty, Quit Claim Decd 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. 6 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 thcir services, 7