HomeMy WebLinkAbout1.0 ApplicationTXTP6109 IIECEIVED
GARFIELD COUNTY
Building & Planning Department
108 Bth Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.821 2 Facsimile: 970.384.3470
www.qarfield-cou ntv. com
REZONING: TEXT AMENDMENT
[Amendment to the text of the Unified Land Use Resolution of 2008 or an Existing
Planned unit Development
JUN 0 5 2009
GARFIELD COUNry
BUILDING & PLANNING
GENERAL INFORMATION (Please print legibly)
) Name of Propertv owner, D t, ; O L . #.*
D Mailing Address: Pa B** | I b Telephone: (!24y) z,az -/,
F city: De Re g o * state: €Szip code: gt|S*ell: (-J
FAX: (_:* -_____
-'
) Name of Owner's Representative, if any, (Attornev, Planner, Consultant. etc):
) Mailing Address:Telephone: (_)
) City:State: _Zip Code:Cell: (_)_
FAX: (_)) E-mail address:
F Specific Section of County Unified Land Use Resolution of 2008 or PUD to be
amended:
Sectr'on 3-502
Section 16-101 Article XVI Definitions
F Purpose for the proposed text amendment:
To allow for Lodging Facilities within the Resource Lands, modify Sewage Disposal
to Sewage Treatment Section 3-502, to amend tlre definition of Lodging Facilities and
clarify the definition of Outdoor Recreation both within Section 16-'101
Lasf Revrsed 12/29/08
I
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. lf 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. lf 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
applicatlon 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 lntergovernmental 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) lncreased 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 Tz 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 lV.
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 otheruuise specifled 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 har.re read the statements aborre and harre prorrided the i'equired attached information
which is correct and accurate to the best of my knowledge.
(Signature of Property
BELL CONSULTING. LLC.
PO Box 8
Rifle, CO 81650
970-625-93 l3 Phone
970-625-5126 Fax
June 3,2009
Fred Jarman
Garfield County Building and Planning
108 8'n Street Suite 401
Glenwood Springs, CO 81601
RE: Text Amendment: Garfield County Unified Land Use Resolution- Sections 3-502,16-101
Mr. Jarman:
Our client, Mr. David Furr, wishes to develop a parcel of land in Garfield County located north
and west of Debeque currently zoned Resource Land. The parcel is in a valley with the
intermittent stream Dry Fork running through the property. The parcel contains the gentle slopes
of the valley bottom and continues up the valley side slopes with a minor area of plateau. The
purpose of the development is to provide guest lodging in several cabins and preserve type bird
hunting. In order to move forward with the project, amendments are required to the current text
contained within the Garfield County Unified Land Use Resolution.
Currently, Section 3-502 being the Table of Uses within the Garfield County Unified Land Use
Resolution does not provide for Lodging of any kind in the Resource Land Zone Districts.
Lodging Facilities use types are included in Section 3-501 however and we understand that these
use types not being included in3-502 was an omission rather than intent to prohibit them.
Section 3-502 also includes a Limited Impact Review for "sewage Disposal" which should be
termed "Sewage Treatment" since sewage disposal is currently covered by the Building
Department.
We propose the following amendments to Section 3-502 (Table):
1) Add the new use of Lodging Facilities to the Table as a Major Impact Review under the
Plateau and Gentle Slopes subsections.
2) Rename "Sewage Disposal" to "sewage Treatment" and keep it as a Limited Impact
Review under the Plateau and Gentle Slopes subsections.
As a part of the requested text amendment, we also are attempting to modify or clarify two
definitions within Section 16-101. The definitions related to the project are for Lodging Facilities
and Outdoor Recreation with the following being our requested changes or clarifications:
3) The definition for fl-odging Facilities. 2.Mqor Lodging Establishment] should read "A
facility catering to more than ten (10) guests or having more than five (5) bedrooms with
or without on site recreational amenities."
4) We are also requesting clarification that the definition for lOutdoor Recreation
(commercial)l would encompass upland bird hunting within its scope.
Text Amendment Request - Garfield County Unified Land Use Resolution
Page I of2
BELL CONSULTING. LLC.
PO Box 8
tufle, CO 81650
970-625-9313 Phone
970-625-5126 Fax
Attached are the required items for the Text Amendment as outlined in the Application Submittal
Requirements for a Rezoning: Text Amendment.
Please contact us with any questions or comments.
Sincerely,
Bell Consulting LLC.
han J. Bell, P.E.
Text Amendment Request - Garfield County tJnified Land Usc Resolution
Page 2 of2
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SPECIAL WARRANTY DEED
#10 ENTERPRISES, LLC, a Texas limited liabiiity company, whose address is 1050
Wilcrest, Houston, TX77042 ("Grantor"), in consideration of Ten Dollars ($10.00) and other
valuable consideration, sells and conveys to DAYID L. FURR, rl'hose address is P.O. Box 88,
DeBeque, CO 81630 the real property ("Property") in Garfield County, Colorado, described as
follows:
Township I South. Rangg 98 West of the 6'h P.M.
Section I 1:Nkst/z EXCEPT: Beginning at the south sixteenth corner of said
Section l1 and Section 10, a pipe asd3 l14" aluminum cap marked
"HCE INC LS19598"; thence North 00o36'06" East, a distance of
1304.89 feet to the quarter corner common to said Section 1l and
Section 10. a sandstone marked "114"; thence along the north line of
the north hatf of the south half of said Section I I North 88o58'30"
East, a distance of 383.98 feet; thence South 01o54'05" East, a
distance of 1048.49 feet; thence South 00"36'06" West, a distance of
250.00 feet to the south line of the north half of the south half of said
Section 11;thence along said line South 88o09'44" West, a distance
of 430.00 feet to the Point of Beginning;
TOGETHER WITH all its appurtenances (except those reserved in this deed),
including without limitation, all rights to any unexpired oil, gas and other mineral
leases describing the Properry.
AND RESERVING AND RETAINING TO GRANTOR all water rights, decreed or
undecreed, ifany, be they direct f1ow, underground, well, storage and certificated and
uncertiircated u,ater shares, ditches, ditch rights and other easements appurtenant to,
beionging to, or cufiently or historically used in connection with or adjudicated f,:i'
use on all or any part ofthe above Properry,
Grantor warrants title to the Property, subject to: General property taxes and assessments for
2002; easements or claims of easements not shown by the public records; rights or claims of parties
in possession not shown by the public records; any facts which a correct survey or inspection of the
Property would disclose (for example, discrepancies, cont-licts, shortages in area, or encroachments),
and which are not shown by the public records; any lien or charge on account of the inclusion of the
subject properfy in an improvement district; reservations and exceptions contained in the United
States Patent affecting subject property; reservation of one-half of all minerals as reserved in deed
recorded Januar), 74,1963 in Book 346 at Page 539 and any interests therein or assignments thereofl
right of way easement granted to Rocky Mountain Natural Gas Company in instrument recorded
January 25, 1982 in Book 591 at Pag e 449:easement forthe construction. operation and maintenance
of a pipeline as granted to Northem Natural Gas Company in instrument recorded Jure 18, 1982 in
Book 601 at Page 351; pipeline right of way grant conveyed to Getlv Trading and Transportation in
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instrument recorded.Tuly 5, 1983 in Book 630 at Page 14; terms and conditions of oil and Gas Lease
iy unJU.t*een William T. Spears and Clara A. Spears, as Lessor and Celsius Energy Company' as
Lessee, recorded February 't',lgg} in Book 772 atPage 406 and any and alt interests therein or
assignments thereof; right of way easement conveyed to Celsius Energy Company in instrument
recorded December I t ,
jqqO in Book 796 atf age 1i5; lack of a right of access to and from the land'
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The foregoing instrumentwas acknowledgedbefore me thisJotd uy of ilrp*-,l ,2007,
by paul R. vahldiek, Jr.. as authorized agent of #10 Enterprises, LLC,
Witness my hand and official seal-
My commission expires, I (th /ms-
PATRICIA S FIrlGER
Notary Public, Stale ol Texas
My Commlsslon Expires
08-l 6-2005
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#1 0 ENTERPRISES, LLC, aTexas limited
Paul R. Vahldiek, Jr.
Authorized Agent
Notary Public
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BELL CONSULTING. LLC.
PO Box 8
Rifle, CO 81650
970-625-9313 Phone
910-625-5126 Fax
June 3, 2009
Fred Jarman
Garfield County Building and Plaruring
108 8tr'Street Suite 401
Glenwood Springs, CO 81601
Response to criteria: Text Amendment: Garfield County Unified Land Use Resolution
Mr.
This letter accompanies a request for Text Amendment for a parcel of land along Dry Fork in
Western Garfield County, Colorado (Parcel number 244311400003). The parcel is within Study
Area 5 of the Comprehensive Plan. The intent of this letter is to address the application
submittal requirements and provide a response that demonstrates that the request meets certain
criteria. For consistency we have mirrored the format of the County documentation included
with the Rezoning: Text Amendment application form. Our responses are italicized.
5. Please provide a response that dernonstrates that the request meets the follov'ring
criteria:
The following comments address the following criteria.
a) Compliance with Comprehensive Plan and lntergovernmental 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.
The dialogue for Study Area 5 of the Comprehensive Plan details the importance
of the tourism industty including hunting opportunities to the well being of
western Garfield County. The proposed use for Lodging Facilities related to
hunting within the property and the area is in line with these activities and
therefore permissible under the Comprehensive Plan. Also, there are curuently
several similar activities within the immediate area already in existence that were
permitted under the previous code.
b) Compliance with Statutory Provisions. The proposed text does not conflict with
State statutory provisions regulating land use.
The intent of the Text Amendment is that neither the language nor the described
uses will be in conflict with State Law. Any activities will be regulated by the
appropriate authority. Utilities including potable water, sewage disposal for the
Lodging Facility will be compliant with all State or County regulations. Any
upland bird type hunting or guiding will be registered as necessary.
Text Amendment Request, Response to Clitelia
Page I of2
BELL CONSULTING. LLC.
PO Box 8
Rifle, CO 81650
970-625-9313 Phone
970-625-5126 Fax
c) lncreased 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.
Hunting and Building occupancy are uses which are allowed in Resource Land
Zone Districts and thus do not result in hazards to an extent greater than other
uses permitted in the Resource Land Zone Districts. The proposed use will not
alter the natural environment to an extent greater than the other uses permitted in
the Resource Lands Zone District. The proposed lodging will be in small cabins
which would be similar to small single dwelling units which are permitted within
the Resource Lands Gentle Slopes Zone District. The proposed hunting preserve
activities fall within the currently permitted Outdoor Recreation Use type.
The overall use of the site, preserve hunting, is nearly identical to the, presumed,
permitted use adjacent to the subject property. Hazards should be nearly identical
to those of the permitted use of the High Lonesome Ranch which is adjacent to the
proposed project.
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.
Guests whom the development will accommodate will be limited in number. The
trffic generated by the guests and staff of the development are expected to be no
more than that generated by other uses permitted in the Resource Land Zone
Districts, natural gas exploration and development for example. Noise produced
by shooting is consistent with other hunting, which is permitted in the Resource
Land Zone Districts.
Nuisance should be nearly identical to those of the permitted use of the High
Lonesome Ranch which is adjacent to the proposed project.
e) Compatibility. The proposed use is compatible with the uses permitted the zone
district to which it would be added.
The proposed development is very similar to the use on the adjacent property and
therefore is compatible with uses in the zone district.
Please contact us with any questions or comments.
Sincerely,
Bell Consulting LLC.
Nathan J. Bell, P.E.
Response to Criteria.docx
Text Amendment Request, Response to Criteria
Page 2 of 2
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P.O. Box I
Rille, Colondo 815s0
Voice: 970/625-931i Fax:970/625 9115
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Text Amendment
Vicinity Map 1
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BELL CONSULTING LLC
P.O. Box 8
Rifle, Colorado 81650
Voice:9701525-91ll Fu< 970/625-931i
David Furr
Client shee'[f i'ire
Text Amendment
Vicinity Map 1
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Date 4-14-09 ltsv cbf lChecked B!
GARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone. 97 0.945.8212 Facsimile : 970.384. 3470
www.q arf i e.!_d:!ou nty, com
ilIP6109
PRE.APPLICATION CONFERENCE SUMMARY
PLANNER: NA
PROJECT: Guiding I Outfitting I Guest Lodging proiect
OWNER: David Furr
DATE: Sltllog
REPRESENTATIVE: BellConsulting, LLC (Nathan Bell and Chris Furman, P.E)
PHACTICAL LOCATiOi.i: CR zoo in the RL Zone Disirict in Section ':i, Tolvnship I South, Range
98 West, northwest of DeBeque, CO
TYPE OF APPLICATION:Text Amendment to add'rLodging Facilities - Maior / Minor" as a
maior impact review in the Gentle Slopes / Lower Valley Floor
subzone of the Resource Lands Zone District & to apply for the
same use (if approved) as a maior lmpact Review in combination
with "Outdoor Recreation"
I. CENERAL PROJECT DESCRIPTION
The property owner proposes to construct and operate a "Cuiding and Outfitting" operation
that would include a lodging component in order to host guests at the ranch to hunt. The
"Cuiding and Outfitting" is considered to be consistent with the definition of "Outdoor
Recreation (Commercial)"; however, to add the lodging component, the applicant will need to
amend the text of the land use code to include "Lodging Facilities" as a use in the RL zone
district,
Il. RECULATORY PROVISIONS APPLTCANT tS REqUIRED TO ADDRESS (DEVELOpMENT CODE
i CoMPREHENSM PLAN, STATE STATUTES, ETC.)
The following sections of the County Unified Land Use Resolution will need to be addressed to
accomplish the requests outlined above. They are broken out here for the ease of the reader:
1) Text Amendment to add "Lodging Facilities * Major / Minor" to the Gentle Slopes /
Lower Valley Floor subzone of the Resource Lands Zone District.
z) Major Impact Review for "Lodging Facilities" and "Outdoor Recreation (Cornmercial)" in
the Centle Slopes / Lower Valley Floor subzone of the Resource Lands Zone District.
III. REVIEW PROCESS
The fotlowing section outlines and describes the Text Amendment & Major lmpact Review
process for the variety of uses that are governed by the Board of County Commissioners by
ih* Unitieo Land Use Resolution of 2008 (ULUR). Please refer to Articles lll and VII in the
regulations ihemselves for a higher level of detail.
F Text Amendment Process (Page 4-291
1. ApPlication
2. Determination of ComPleteness
3. Evaluation by Director/Staff Review
4. Public Hearing and Recommendation by the Planning Commission
S. Public Hearing and Decision by the Board of County Commissioners
1 . Pre-Application Conference
2. Application
3. Determination of ComPleteness
4. Evaluation by the Director/Staff Review
5, Public Hearing and Recommendation by the Planning Commission
6. Public Hearing and Decision by the Board of County Commissioners
c. Public Hearing(s): :X* Planning Commission
-.-X- Board of County Commissioners
c. ReferralAgencies:
V , Town of DeBeque--Z:DeBeque Fire Dept.
-7. Colorado Division of Wildlife (GJ office: Canyon Creek West)
,1, Colorado Dept. of Public Health & Environrnent (Attn: Mark Kadnuck)
,/ Colorado Division of Water Resources
(Attn: Claig Lis)
Bureau of Land Management
US Corps of Engineers
(Division of Water Resources, Colorado Department of
Transportation, etc.)
,,/ I Garfieid County Road & Bridge (Dist. 3: S. of i-70)
. / \JArllvrq UUUlrty Y{rB(,taLlt
,/ rGarfield County Engineer
-7 Garfield County Attorney
IV. APPLI(ATjOI REIIE.!.('-.EEEs
a. Planning Review Fees: $4oo.oo
b. Refei''raiAgency Fees: $o.oo
c. Total Deposit: $4oo.oo (additionat hours are billed at hourly rate)
General Aonlication Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case
planner contacts applicant and sets up a site visit. Staff reviews application to determine if it
meets standards of review. Case planner makes a recommendation of approval, approval with
conditions, or denial to the appropriate hearing body.
Diss-l"ai.mer
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.
P*re.appl-lsa-tip".n*Lummar:y*Pr:epared.byt
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