HomeMy WebLinkAbout1.0 ApplicationEDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD .1.
CHRISTOPHER L. COYLE 1
THOMAS J. HARTERT
CHRISTOPHER L. GEIGER
SARA M. DUNN
SCOTT GROSSCUP
CHAD J. LEE"
LUCAS F. VAN ARSDALE
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. O. DRAWER 790
8 18 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81002
TELEPHONE: 0 70.€115.65.16
FACSIDIILE: 0 70. ,5.8902
APR 07 2011
GAF?FiELD COUNTY
BUILUINc.? ,,: i?wiNiNG
KENNETH BALCOMB
(1920-2005)
OF COUNSEL:
JOHN A. THULSON
www.balconnbgreen.com t also licensed in Oklahoma
`also licensed in Wyoming
April 7, 2011
Via Hand Delivery
Fred Jarman
Planning Director
Garfield County Building and Planning Dept.
108 8th Street, Ste. 401
Glenwood Springs CO 81601
RE: APPLICATION FOR ZONING TEXT AMENDMENT
Dear Fred:
Please find for filing within your office the enclosed Application for Zoning Text
Amendment.
Very Truly Yours,
BALCOMB & GREEN, P.C.
TAT/lp
Enclosure
Timothy A. Thulson
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield- county.com
APR 0 7 2011
GARFIELD COUNTY
BUILDING & PLANNING
-4 -1 -69 '609
REZONING: TEXT AMENDMENT
[Amendment to the text of the Unified Land Use Resolution of 2008 or an Existing
Planned unit Development
GENERAL INFORMATION (Please print legibly)
> Name of Property Owner: ANNJMC, LLLP
Mailing Address: 818 Colorado Ave. Telephone: ( 970) 945 -6546
> City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( 970 ) 379 -2201
E -mail address: scott @balcombgreen.com FAX: (970) 945 -8902
Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
> Timothy Allen Thulson
Mailing Address: 818 Colorado Ave, Telephone: ( 970) 945-6546
i City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( 970 ) 618 -9914
r E -mail address: tim @balcombgreen, cam FAX: (970 ) 945 -8902
Specific Section of County Unified Land Use Resolution of 2008 or PUD to be
amended:
Addition of a BOCC Land Use Change Permit approval reconsideration
procedure to Article TV application and Review Procedure Unified Land
Use Resolution of 2007. as amended,
- Purpose for the proposed text amendment:
See narrative
Last Revised 12/29/08
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1)
amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008,
or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a
minimum, specifically respond to all the following items below and attach any additional
information to be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed
amendment to the specific text of the County Unified Land Use Resolution or to the text
of an approved Planned Unit Development (PUD). This narrative should describe the
overall purpose of the amendment and the specific sections to be amended.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map
of the real property, owned by the Applicant in Garfield County, which will be affected
by such change.
3. If you are acting as an agent for the property owner, you must attach an
acknowledgement from the property owner that you may act in his/her behalf. If the
property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a
copy of a recorded "Statement of Authority" demonstrating that the person signing the
application has the authority to act in that capacity for the entity."
4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form
and provide the fee with the application.
5. Please provide a response that demonstrates that the request meets the following
criteria:
a) Compliance with Comprehensive Plan and Intergovernmental Agreements. The
proposed text amendment is consistent with applicable provisions of the Garfield
County Comprehensive Plan and any intergovernmental agreements affecting
land use or development or an approved amendment to the Comprehensive Plan
prior to the decision on the text change.
b) Compliance with Statutory Provisions. The proposed text does not conflict with
State statutory provisions regulating land use.
c) Increased Hazards. The proposed use does not result in hazards or alter the
natural environment to an extent greater than the other uses permitted in the zone
district to which it would be added.
d) Increased Nuisance. The proposed use does not create more offensive noise,
vibration, dust, heat, smoke, odor, glare or other objectionable influences or more
traffic hazards than that normally resulting from the other uses permitted the zone
district to which it would be added.
e) Compatibility. The proposed use is compatible with the uses permitted the zone
district to which it would be added.
6. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity
map shall clearly show the boundaries of the subject property and all property within a
3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000'
showing the general topographic and geographic relation of the proposed land use
change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be
used.
7. A copy of the Pre - Application Conference form from the original Pre- Application
Conference.
8. Submit 3 copies of this completed application form and all the required submittal
materials to the Building and Planning Department. Staff will request additional copies
once the application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
The following outlines the process for amending the text of the Unified Land Use
Resolution or an existing PUD pursuant to Section 4 -202 of Article IV.
1. Submit Application. The application materials required for text amendment are set forth
in Section 4- 501(D) and included above.
2. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4- 103(C),
Determination of Completeness.
3. Schedule Public Hearing. Upon a determination of completeness, the Director shall
schedule the application for consideration by the Planning Commission.
a. Public hearing by the Planning Commission shall be held at the next regularly
scheduled meeting of the Commission for which proper notice of hearing can be
accomplished.
b. Public notice of the hearing shall be published by the Director in a newspaper of
general circulation in the County at least thirty (30) calendar days prior to the date
of the public hearing.
4. Evaluation by Director /Staff Review. Upon determination of completeness, the Director
shall review the proposed text amendment and prepare a staff report. A staff report
shall be prepared pursuant to Section 4 -103 E.
5. Review and Recommendation by the Planning Commission. A proposed text
amendment shall be considered by the Planning Commission at a public hearing, after
proper notice, conducted pursuant to Section 4 -103 G, Conduct of Public Hearing.
a. Recommendation by Planning Commission. The Planning Commission shall
recommend approval, modification or denial of the proposed amendment.
6. Schedule Public Hearing. The Director shall schedule the application for consideration
by the Board of County Commissioners.
a. Public hearing by the Board of County Commissioners shall be held within forty (40)
calendar days of the date of the Planning Commission's recommendation.
b. Public notice of the hearing shall be published by the Director in a newspaper of
general circulation in the County at least thirty (30) calendar days prior to the date
of the public hearing.
7. Review and Action by the Board of County Commissioners, Upon a public hearing
conducted pursuant to Section 4 -103 G, Conduct of Public Hearing, the Board of
County Commissioners shall determine whether the text should be amended.
a. Decision by Board. The Board of County Commissioners shall approve, modify or
deny the proposed amendment. The Board shall direct that the Director make any
such approved amendments to the text of this Land Use Code.
b. Effective Date. Unless otherwise specified by the Board of County Commissioners,
an approved amendment to the text of this Land Use Code shall become effective
upon the date of the Board's approving the amendment.
I have read the statements above and have provided the required attached information
which is cor ect and accurate to the best of my knowledge.
L1 I-, h�
(Signature of Property Owner) scott Balcomb
Date
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ( "Board ") Resolution No.
98 -09, has established a fee structure ( "Base Fee ") for the processing of each type of
subdivision and land use applications.
The 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
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non - refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ( "Agreement ") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
$675 + application agency
review fees and outside
Preliminary Plan / Conservation Subdivision consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
Preliminary Plan Amendment $325
Final Plat $200
Final Plat Amendment 1 Correction Plat $100
Combined Preliminary Plan and Final Plat $1,075
Minor Exemption / Amendment $300 / $300
Major Exemption / Amendment $400 / $300
Rural Land Development Option Exemption / Amendment $400 / $300
General Administrative Permit $250
Floodplain Development Permit $400
Pipeline Development Plan / Amendment $400 / $300
Small Temporary Employee Housing $50
Minor Temporary Employee Housing $250
Limited impact Review / Amendment $400 / $300
Major Impact Review / Amendment $525 / $400
Rezoning: Text Amendment $300
Rezoning: Zone District Amendment $450
Planned Unit Development (PUD)1 Amendment $500 / $300
Comprehensive Plan Amendment $450
Variance $250
Interpretation $250
Takings Determination NO FEE
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
■ Secretary $30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
Page 2
$11 -1st page
$10 each additional page
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and ANNJMC, LLLP
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Rezoning! Text Amendment
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98 -09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Timothy Allen Thulson
Print Name
Mailing Address: 818 Colorado Ave.
April 7, 2011
Date
Glenwood Springs, CO 81601
Page 4
NARRATIVE STATEMENT
ANNJMC, LLLP, A Colorado Limited Liability Limited Partnership, hereby submits
the within Application for Text Amendment to Article IV, Application and Review
Procedures, Unified Land Use Resolution of 2007, as amended, Garfield County, Colorado.
Applicant is the owner of numerous real property interests located in Garfield County,
Colorado, and as such, has standing to file this Application upon its own stead.
EXHIBIT A hereto sets forth the proposed amendment sought herein. Because such
proposal addresses application and review procedures applicable to applications for Land
Use Change Permits, generally this Application does not address a specifically identified
parcel of real property.
This Application, if approved will add a procedure to the Land Use Resolution
allowing the Board of County Commissions ( "BOCC ") the additional flexibility and
discretion to reconsider within a public hearing context and pursuant to applicant request
earlier decisions relating to major and/or limited review land use change applications. At
present, the BOCC, is without jurisdiction to entertain such reconsiderations even if the
approval crafted at such hearing fails to implement or reflect the BOCC's intent under the
same.
Given the sometimes overwhelming and highly technical nature of the materials and
information inherent within the various land use change permit applications, it is only
reasonable to assume that such decisions will incorporate misunderstandings or mistakes in
fact. The Land Use Resolution as presently constituted, does not absent a complete
reapplication on part of the applicant, allow the BOCC the discretion or opportunity to
correct or even address said mistakes and/or misunderstandings. Applicant's proposed
amendment will allow the BOCC such an opportunity.
SECTION RECONSIDERATION OF ACTION BY THE BOARD OF
COUNTY COMMISSIONERS/ LAND USE CHANGE APPROVAL.
Within sixty (60) days of the approval of any land use change under Section 4- 105.6.a.(1)
(Limited Impact Review) or 4- 106.8.a.(1) (Major Impact Review) or the effective date of
this regulation, Applicant may make application to the Director for Board of County
Commissioner Reconsideration of any term, provision or condition incorporated within
such approval. This Section shall not apply to Land Use Changes for which a Land Use
Change Permit has been issued as defined under Sections 2 -102 and 4- 103.G.8.b.
A. Review Process.
1. Pre - Application Conference. A Pre - Application Conference shall be held in
accordance with the provisions of Section 4- 103(A), Pre - Application
Conference in Article IV.
2. Application. The application materials required for Board of County
Commissioner Reconsideration shall include all the materials included
within the original application and heretofore filed with the Director and
a narrative setting forth the basis for reconsideration by the Board of
County Commissioners and any supporting documentation.
3. Presentation to Board. The Director shall present the Application for Board
of County Commissioner Reconsideration at the next regular meeting of
the Board where the Board (by majority vote) may approve the setting of a
public hearing to reconsider its earlier decision.
a. Schedule Public Hearing. Public hearing by the Board of County
Commissioners shall be held within sixty (60) calendar days from
receipt of the Application for reconsideration.
b. Notice by Publication. At Least thirty (30) calendar days prior to the
date of the scheduled pudic hearing before the Board of County
Commissioners, the Applicant shall have published a notice of public
hearing in a newspaper of general circulation in the area that the
proposed land use change is located.
c. Notice to Adjacent Property Owners. At least thirty (30) calendar days
prior to the date of the scheduled public hearing, the Applicant shall
EXHIBIT A
send by certified mail, return receipt requested, a written notice of the
public hearing to the owners of record of all adjacent property within a
200' radius. The notice shall include a vicinity map, the property's
legal description, a short narrative describing the current zoning and
proposed land use change, and an announcement of the date, time and
location of the scheduled hearing.
4. Decision by Board. The Board shall conduct a hearing pursuant to the
provision of Section 4- 103(G) Conduct of Public Hearing. The Board shall
uphold or modify its earlier decision, based upon compliance of the
proposed land use change with the applicable approval standards set
forth within Article VII, Standards.
ANN TMC, T.T.LP
P.O. Box 429
GLENWOOD SPRINGS, CO 81602
April 15, 2011
TO WHOM 1T MAY CONCERN:
ANNJMC, LLLP, a Colorado limited liability limited partnership, hereby
authorizes and appoints Timothy A. Thulson, Esq., of the law firm of Balcomb & Green,
P.C., to represent ANNJMC, LLLP in connection with the application by it filed with the
Board of County Commissioners, Garfield County, State of Colorado, for a zone text
amendment for certain real property situated within the County of Garfield and State of
Colorado.
ANNJMC, LLLP
By
Scott Balcomb, General Partner
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity named ANNJMC, LLLP.
2. The type of entity is a LIMITED LIABILITY LIMITED PARTNERSHIP.
3. The entity is formed under the laws of the STATE OF COLORADO.
4. The mailing address for the entity is P.O. Box 409, Glenwood Springs, CO 81602.
5. The names and positions of the persons authorized to execute instruments conveying, encumbering,
or otherwise affecting title to real property on behalf of ANNJMC, LLLP are:
Scott Balcomb, General Partner
Janet Ann Balcomb, General Partner.
6. The signature of only one of the above named persons is required.
7. The authority of the foregoing persons to bind ANNJMC, LLLP is unlimited.
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38 -30 -172, C,R.S..
Executed this 4 day of April, 2011.
ANNJMC, LLL
By
Scott Balcomb, General Partner
By
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The above and foregoing instrument was acknowledged before me this J4` day of April, 2011,
2008, by Scott Balcomb and Janet Ann Baleomb as General Partners of ANNJMC, LLLP, a Colorado Limited
Liability Limited Partnership.
anet Ann Balcomb, General Partner
Witness my hand and seal.
My commission expires:
II 3()13
Notary Public
SALLY GEIB VAGNEUR
NOTARY PUBLIC
STATE OF COLORADO
My CommOilien 'Olio 0
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2013