HomeMy WebLinkAbout1.0 Staff Memos2OI4 BLAKE AVENUE
GARFIELD CDUNTY
FLANNING DEPARTMENT
GLENwooD SPRINGS, COLtrRADO Bt 6Ol
seeing you on the 17th. Ifinformation, please do not
PHONe 945-SZ.t2
August 13, lgg?
Lyman G. Spencer
1730 South Belaire StreetDenver, C0 BOZZT
Dear Mr. Spencer:
}^le have received.numerous responses to our solicitation forcomments concerning the proposed Garfield county Fiscal ImpactMitigation.Program. .Th.e' rahge of ipprouir.,ur-p.oposed by the
Yi:i:1: T?jqt..project develo[ers rravb u.en-relv di verse andoemonstrated the variety of philosophies and c-oncerns in thisarea.
Ithas come to our.attention that a broader industry group hastaken an interest in our program than the-co.u b.orp ihlToilg:nal1ypartjcipated in the.{r1v 30 work session. In order to facilitatepartic'ipatio! by additional industry representatives, we will con_duct a second work session on Rugusi tz. rhe purpose of thissession will be.to identify commdn industry ioicerns and concen_trate on.specific. r',ording Lhanges recommenied by respondentsto our first draft
we will deviate^I.9* our origina) plan which called for a reviewof a second draft in order t6 receive comments from ror.-.oriinlur.The July 30 work session was very treneficial to all concerned andwe wish to continue the spirit oi cooperation lenerated at thatmeeting; however, our direction has bLen to p"Epur. the finardraft in a timely manner.
We look forward toor need additional
Sincerely,
you have any questions,
hesi tate to cal I .
,A--,,*;/./+^
Dennis A, Stranger /
Director of Planning
DAS: lw
MEMORADUM
TO: DENIS STRANGER,
FROM: ROGER LUDWIG
DATE: JUNE 30, lggz
OF PLANNINGDIRECTOR
&
RE: SOCIOECONOMIC IMPACT MITIGATION PROGRAII
r am recornmending the following additions or changes in thesocioeconomic impact mitigatioi program. r am uniortunateryunable to attend tomorrowi s meeting but if there is any questionabout my meaning Lee strould be ab15 to explain it.
5. 08.04 1. G) add "and socio-economic" to,'environmental-impact of the facility',.
5.08.05 3) 7 " h. "Health and Human Services,'
5'0B.05 3) 7- i. "Rate, dj-stribution, and demographics ofpopulation growth"
5.0B-08 1) d. add: "The applicant shalr provide financialassistance to provide health- and human ="rrri""" by means ofthe County's program to assist those seivices.',
The existi-ng paragraph 'd.11 becomes ',e.,, and so forth.
5. 0B . 08 1) c. ', . . . capital costs ofof public faci1ities....,'
DEFINITIONS:
Health Services refer to primary care,emergency medical services, generalvalescent care, and public health.
Human Services refer to those servicesthe economic, social, emotional orof children, families, adults, thedisabled, and substance abusers.
constructi_on or remodel
medical specialties,. acute care, con-
designed to amelioratepsychological problems
e1der1y, developmentally
Demographics: age, sex, maritiar status, and distribution ofa population.
JUNE 29, 1982 DRAFT DS #4
s.08
5.08.01
FISCAI IMPACT MIUGATION PROGRAIvI
$$ffi!mo
STATEVIENT OF PURrcSE
fursuant to sections J0-28-101, et See., and, Zg-20-101,
et seq., c.R.s. 1973, as amended, the Board of commissioners
of Garfield county is granted the authority to plan for the
future growth of the county. As part of this responsibility
it must provide for an appropriate and efficient expenditure
of public funds by the control of economic development
activities through land use policies. The timely and
economical provision of public services to all carfierd county
residents can be severly impacted by large scale development
projects that present an immediate demand for public services
and yet do not generate adequate public revenues until fully
developed and operational.
The first goal of the Fiscal Inpact Mitigation program is
to provide for the timely availability of adegrate housing,
corrnunity facilities and public services during all
construction and operation phases of a },lajor project. The
second goal is to overcome any projected fiscal deficit of
government entities which occurs during the interim period
between the start of construction of Major projects and the
generation of adequate fiscal capabilities of government
entities within the county to deal with the population growth
associated with a lvlajor Project. rhe program shall be limited
in time to that period between the start of construction and
the date on which the major project is assessed at 908 of its
anticipated full assessment value or at such time as the
additional tax revenues from the major project are equal to or
greater than the cost of the mitigation program provided for
herein.
.t2u,a.tq#F7y
It is the position of the Grf ietd County no"ra'if
commissioners that applicants for land use permits for Major
Projects must bear the costs of any additional governmental
expenses r*hich are necessitated by their activities in
carfield county' Unless measures are taken to mitigate the
adverse fiscal impacts that may be associated with such
projects, unacceptable deterioration in the quality of life
will result for present and future residents of Garfield
County.
l
'*ffidryn
JUNE 28, 1982 DRAFT DS #4
5.08.02
5.08. 02.0t
5.08. 02.02
5.08.02.03
5.08. 02.04
Definitions
Board: The Board of County Commissioners of
Garfield county, state of colorado, which acts pursuant to
Article XIV, Section 6, of the Colorado Constitution.
Enployee: A natural person , whose work is subject to
the control and direction of another. For the purposes of
this section, employee shall include all employees of the
applicant, and all employees of corporations under contract
with the applicant, who spend at least 509 of their time on
the Major hoject and reside in the impact area.
Fiscal Impact Analysis: A projection of the direct
public costs and revenues associated with the provision of
residential or nonresidential services by the goverrment
entities in the impact area.
Goverrunent Entity: fui organization authorized to levy ad
valorem taxes in the State of Colorado.
s. 08.02.05
5.08.02.06
5.08.02.A7
5.08. 02.08
5.08.02.09
.., &gg,.,*rg;.., . ,,?&tr4F,r,";it 4
Impact Area: Ihat geographical area enclosed by the
combined boundaries of those goverflrent entities whose
projected services and facilitiest costs would be increased by
15? or more by a Major Project
Land Use Fermit: A land use permit for purposes of this
subsection 5.08 shall refer to special and conditional use
permits as otherwise defined in this Resolution.
local Covernment Tax Revenues: Revenues received by
government entities from ad valorem, sales, use, and severance
taxes.
Major Project: A project which will employ at any one
time a total employment force of 200 or more workers who will
reside in the impact area.
Planning Director: Person designated by Board to direct
Garf ield County Planning Department.
1tl
Reside: To live, dwell, stay, or lodge in a place for an
extended period of time. As distinguished from domicile, the
term |tresidett includes temporary presence in a place, and is
not limited to permanent presence.
Total Enployment Force: Ihe total nunber of employees on
the l,lajor trroject at any one time.
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5.08. 02.10
5.08. 02.11
JI]NE 28, 1982
5.08.05
"'b#d"Fi;,o,Y 6
DMFT DS #4
Project Compliance Requirement
A11 applicants seeking land use permits for Major
hojects from Carfield County shall comply with all
requirements of the Garfield county Fiscal Impact Mitigation
Program.
In addition to any other requirements of this resolution,
applicants for l{ajor Project permits shall prepare and subnit
the following to the Planning Director:
1. A pre-application notice
2. A statement of intent to apply
3. Review fee
4. A fiscal impact analysis
5. A program for fiscal impact mitigation
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JIJNE 28, 1982 DRAFT DS #4 i . '',J { 7
s.08-04 pre-apprication Administrative procedlres'i*$-C-
1. M"E-APPLICATION NOTICE
A pre-application notice for a permit shall be filed with
the PLanning Director and shall contain the applicantrs
proposal including the following information:
A) rhe name and address of the applicant, and, if the
applicant is a partnership, association or
corporation, the names and addressed of all managers,
partnerss, and executives directly responsible for
operations in Garfield County;
B) specific description of the nature and location of the
Major Project;
c) Estimated time of commencement of construction,
construction time, and overall developrnent schedule;
D) Estimated number of emproyees of the applicant, and
contractors and subcontractors of the applicant,
during the construction phases, and during the
operating life of the Major project. Estimates shall
include the number of emproyees who do not currently
reside within the area to be affected by the l'{ajor
Project;
E) rdentify the governmental jurisdictions and other
taxing authorities within the area of impact;
F) Future additions and modifications to the Major
Project which the appricant may request to be approved
in the permit application;
G) A list of any relevant studies which may have been or
are intended to be made of the environmental or
socio-economic impact of the l,lajor project;
H) The general approach proposed to identify and address
the potential social and economic impacts of the
construction and operation of the Ir{ajor project.
2. PRE.APPLICATION REFERRAT A}.ID zuBLIC NOTICE
Not more than i0 days following receipt of a
pre-application notice for a permit, the Ptanning Director
shal1:
JI]NE 28,
o .-nrQ,o,
1e82 DRAFr DS #4 Bddpf "ai|f,
A) Notify the governing bodies of local gove-rnment and
8
taxing
andauthroities which will be within the area of concern
affected by the proposed },lajor trroject;
B) fublish a summary of the pre-application notice in a
newspaper of general circulation within the county;
c) File copies of the pre-application notice with the county
clerk and recorder.
3. PRE-APPTICATION HEARING
The Board of county commissioners sharl conduct a public
informational hearing in the county no later than 90 days after
receipt of the pre-application notice. fuiy person may participate
in the hearing, to the extent deemed reasonable and relevant by
the Board. Such hearing shal1 be conducted in order to accornplish
the following purposes:
A) To provide information about the proposed facility and its
potential area of impact;
B) To obtain the comments of the public and concerned
governmental agencies regarding the potential fiscal
impact of the proposed },rajor hoject upon the government
entities in the impact area.
c) To determine the amount of a fee to be charged to the
appricant to reimburse the Board and other government
entities for costs incurred in reviewing the
application.
D) As deemed appropriate by the Board, to allocate to
affected government entities the above fee.
E) To determine the nature and extent of exemptions from any
provisions of this program that may be granted to the
applicant.
4. PRE.APPLICATION REPORT
As soon as practical, but in any case within 60 days after the
conclusion of the pre-apprication hearing required by this
section, the Board shal1 prepare and make public a report on the
pre-application notice and hearing. rhe report shall include:
JIJNE 28; 1982 Ip,ry,{r -'niiY
) r-t' .
DRAIT DS #4
n) A summary of public and agency
n) The applicantrs proposed scope
impact analysis;
C) A grant of exemptions, if any,
program.
comments;
and schedule for the fiscal
from any provisions of this
Draft DS#4
r) FISCAI IMPACT ANATYSIS
o
10JTINE 28,
05.08. 05
1 982
After the issuance of the pre-application report the
appricant for a Ivlajor project shalI prepare a Fiscal Impact
fuialysis to be submitted in conjunction with al1 other
application material as may be required by this resolution for
a land use permit.
2) STATB{ENT OF INTENT TO APPLY
The applicant for a Major hoject shall file a statement of
Intent to apply for land use permits outlining the substance of
the requested permits, the scope of study of the fiscal impact
analysis and the timetable for the fiscal impact study schedule.
3) SCOPE OF ACTIVITIES
Before the applicant comnences the fiscal impact analysis, the
Board shalI estabhish, in consurtation with the applicant: (1)
the scope of the fiscal impact analysis, based on the factors
listed below; (z) ttre schedule for the study upon which the fiscal
impact analysis will be based, and; (S) a schedule for periodic
reports to the Board concerning the study. Thereafter, periodic
reports shall be made to the Board on the proposed facility and
its fiscal impacts on the government entities in the impact area.
The Board may determine the following subjects as necessary for
inclusion in the study:
1. The location and pu{pose of the }r{ajor project;
2. Estimated construction time schedule;
5. Number of employees for construction and operating work
force;
4. Tax base including the potential short and long range
demands on any tax revenues generated by the facirity for
the extension or expansion of public services within the
county and local governments;
5. Consistency with local land use plans;
6. Total induced population of the project.
?m #u1r
JUNE 28, 1982 DRAFT DS #4
7. Social and economic effects of construction and operation
of the Major Project within the impact area on existing
capabilities, capacities, and future requirenents,
including but not limited to the following:
a. Economic base;
b. tbusing;
c. Transportation
d. Sewer and water facilities;
e. Solid waste facilities;
f . fublic safety and fire protection facilities;
g. Educational facilities;
h. lbalth services and hospital facilities;
i. Rate, distribution, and demographic characteristics of
the population growth.
8. Defined area of concern:
a. A list of all affected government entities in the
impact area;
b. The reasons for inclusion or exclusion of areas
affected socially or economically by the proposed
l4ajor Project and the method of delineating the area
of concern.
9. Status of permits and approvals reqr:ired by other
goyernmental agencies ;
10. Proposed mitigation plan, including:
a. Measures designed to ensure adequate temporary and
permanent housing for the employees of the Major
Project, and any proposed actions on the part of both
the applicant and the private sector which may be
necessary to mitigate the housing impact of the l,lajor
Project;
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,,Impact mitigation measures for governm6nt entities,
including actions on the part of the applicant, 1oca1
jurisdictions, joint governmental activities as a
result of intergovernmental agreements; or other
financial arrangements the applicant may propose to
implement to assure that capital facilities and
operating budgets are not significantty impaired as a
result of construction or operation of the proposed
I{ajor Project;
c. Unavoidable adverse impacts should be summarized.
11. Any other factors the Board may deem appropriate for
inclusion in the study.
4) FILING FEE
The Board will provide the applicant with an estimate
of the nitial fee required to cover the cost of investigating,
reviewing, processing, and serving notice of the apprication.
Fay'nent of the initial fee can accompany the statement of
rntent to Apply or may be submitted later as might be reqr.rired
by the Board. rhe Board will enter into a written agreement
with the applicant specifying how the costs shall be assessed
against the initial fee.
5) ADVISORY CO},II'{ITTEES
The Board of County Commissioners may appoint one or
more committees to assist it in carrying out its duties under
this program. Committees appointed to evaluate land use
permits may be composed of representatives of government
entities in the impact area r+ho may enter into an
intergovernmental agreement for purposes of combining
requirements and hearing processes to the degree possible and
practical. The committees may be reimbursed, within the
limits of the initial fee, for any necessary expenses in the
reasonable conduct of the evaluations. The Board shall
approve expenses before they are incurred.
b.
JIJNE 28, 1982 Draft DS#4
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6) SUPPLE,IENIAL APPLICATION REQUIRE,{ENTS
Upon completion of the fiscal impact analysis, the
appricant may file an application for a land use permit for
any or all facilities identified as part of the Major project.
1! SIiBMITTAL REQUIRm,CNIS
A. The applicant shall file ( ) copies of the
application with the Board.
B. Maps, charts or other documents which are bound in the
application sha1l be cut or folded to g L/2 inch by 11
inch size. lrlaps, drawings, or charts may accompany an
application as separate exhibits.
c. The application shall be verified by the applicant and
signed by a managing partner, the proprietor, or a
responsible executive officer.
D. As part of the application, the applicant shall submit
an objective sumnary of the entire application, not to
exceed 30 pages in length.
E. whenever this program regrires information concerning
the tr{ajor Project to be submitted to the Board and the
applicant is reqtrired to submit the same or similar
information to another governmental agency having
jurisdiction, the applicant nay submit such
information to the Board in the same format that such
information is or will be submitted to such other
agency or jurisdiction.
F.
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rhe application shatl contain .n" ,orr##FFp-'
information with respect to both the construction
period and on-line life of the proposed facility:
1. The application shal1 state the name, title,
telephone number and post office address of the
person to whom communication in regards to the
application shall be made.
2. Copies of the studies undertaken as agreed upon
with the Board in their Scope Activities
including the social, economic and mitigation
impact evaluations.
O.. i,,, rf
15
.:lJUNE 28, 1982 DRAFT DS #4
5.08. 06 Review of Fiscal Impact Analysis
l) Upon receipt of a completed fiscal impact analysis for a
Major hoject, the Board sha1I:
a. Transmit, within 15 days, a copy of the FIA to all
identified affected governmental entities within the
impact area surrounding the site;
b. fublish notice of receipt of the FIA one time in a
newspaper of general circulation, and utilize any
other means of notifying the public that the Board
deems necessary.
c. Make copies of the FIA available for inspection by
members of the public.
2) Within 30 days of receiving the FIA, all notified local
goveilments shall report to the Board concerning:
a. The adequacy of the FIA or any additional information
needed upon which to base a decision, or both
b. Any variance or incongruity with locaI government
policy.
3) Within 30 days after the date for receipt of comment from
local agencies, the Board shall issue a report concerning
the adequacy of the FIA, including whether sufficient
information exists in the applicati.on upon which to base a
decision.
4) lvithin 60 days after the conclusion of the public hearings,
on the land use permit, the Board shall make findings upon
all issues raised during the review and hearing process and
render its decision, either granting or denying a land use
permit based upon the application as filed or granting it
upon such tenns, conditions, or modifications as the Board
may deem appropriate.
JIJNE 28, 1982
s. 08.07
Draft DS#4
Impact Mitigation Program
o
;. 16
,Ll/p;;.j1il, ,l'
1) The applicant shall be regrired to meet the following
minimum standards for an impact mitigation program:
a. The applicant shall present a plan demonstrating the
availability of housing for the employees of the trtajor
hoject. Ihe Major hoject applicant sha1l guarantee
such housing by owning or contracting for the housing,
or by demonstrating that it wil1 be provided by some
other mechanism. the housing must meet the
requirements of all Grfield County regulations or
those of the appropriate governmental entity.
b. The applicant shall provide financial assistance to
provide for the additional operating costs to affected
goverrrnlental entities which are caused by the impacts
of the lrdajor Project for the duration of the Impact
Mitigation Program.
c. The applicant shall provide financial assistance for
the capital costs of construction of public facilities
necessary for affected governmental entities to
provide services attributable to the inpacts of the
Major hoject and its induced population.
d. Any other mitigation measures agreed upon by the Board
and the applicant.
e. When approved by the Board, the Impact Mitigation
Program shall be a condition attached to the land use
permits issued for the Major hoject.
2) DE,IONSTMTION OF MITIGATION ACTIVITIES
a. It shall be the burden of the applicant to demonstrate
to the satisfaction of the Board that the applicant
has met its obligations under the above mitigation
program by means of the following:
L7
- 1. Demonstrate that it will provide additional:- -'\ fft_,, I'[,L d services necessary to mitigate impact or pay sums
to affected public entities in an amount
sufficient to mitigate impact, and construct or
finance public facilities necessary to mitigate
additional public service demands created by the
project; or
2. lvlake payment to each affected governmental entity
sufficient to provide for the deficiencies in
local government tax revenues caused by the
presence of the induced population, which results
from the Major hoject.
3. To the extent that the project involves phases of
construction over time, the impact mitigation
program may also be phased so that the timing of
payment by the applicant and other elements of
the program for mitigation impact shall
correspond to the phases of construction
activity. If such payment is phased and a
goverunental entityts cost increases due to
inflation, the payments shall be increased by a
proportional amount.
3) MONITORING
As a condition of the land use permit, the project
applicant shall be required to develop and implement an
ongoing monitoring system which will allow the Board to
determine whether the representations as to impact are
correct. Upon a L0% variance in total employment force
from what was projected at the time of permit issuance, the
Board sha1l reconsider the appropriate amount of impact
mitigation to be provided by the project applicant. After
such reconsideration, the Board may adjust the amount of
impact mitigation so as to reflect the change in fiscal
impact resulting from the difference between projected and
actual total employment force.
18
JI.JNE 28,
s.08.08
1 982 Draft DS#4
Enforcement
- ruffiAYT /
The above mitigation program as outlined in Section
5.08.08 shaIl be a condition of the issuance of the land use
permit for the project. Failure to cornply with said condition
may result in the suspension of the permit.
Upon being advised of an alleged violation of any
condition of any permit issued by or on behalf of the Board,
the Board may establish a time for consideration of the
alleged violation, upon not less than ten (tO) aays notice to
the party engaging in activity under such permit, at which
hearing the Board may consider whether a violation of the
conditions of the permit has occurred. If the Board
determines that a violation has occurred, the Board may
suspend the permit until such violation can be corrected or
until measures can be taken to prevent a recurrence of the
violation, or if the violation is determined to be continuing
or likely to recur and to endanger the safety or welfare of
the residents or property of residents with the county, the
Board may terminate the subject permit.
\r_
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GARFIELD CDUNTY
PLANNING DEPARTMENT
GLENWDOO SPRINGS, CtrLtrRADD BI 6OI
2O14 BLAKE AVENUE PHON e 945-AZ1Z
MEMORANDUM
T0: Stan Broome, County Manager
Lee Merkel, Impact Coordinator
Earl Rhodes, County Attorney
Planning Staff
FROM: Dennis A. Stranger, Director of Planning
DATE: May 18 , 198?
RE: Socioeconomic Impact Mit'igat'ion Program
,{e/
You will find attached a copy of the most recent draft of the
proposed Socioeconomic Impact Mitigation Program. The wording has
been changed somewhat from the previous draft, a definition section
has been added and the administrative procedures have been modified.
Please rev"iew this document with two thoughts in mind:
1. Identifying words and phrases that need to be defined and;
2. Administrative processing.
If you have any questions or need additional informat'ion, do not
hesi tate to cal I .
-,(-2
L'J] J
c^RFI EtD Ggur,rio.r ,,,,O, t4tTIGATIoN PR.,GRAM
5/li it',? lr-aft
5.OB g,OB
5. 08.01 Statement of PurPose
The Garfjeld County Board of Comm'iss'ioners are
to plan for the future growth of the county and to
an appropriate and efficient expendi'ture of public
of economjc development activ'ities through land use
and economical provision of public serv'ices to all
can be severly.impacted by large scale development
jmmedjate demand for public servjces and yet do not generate adequate pubfic
revenues until fully developed and operational '
The goal of the Impact Mitigation Program
is to ensure the tjmely availabil ity of adequate hous'ing, commun'ity
facjl.it.ies and all publjc services during a1l constructjon and operation
phases of a Maior Project. The second obiectjve js to overcome any pro-
jected fjscal deficjt created during the interjm between t'he start of
county to deal wjth the populat'ion growth assocjated w'ith the Major Proiect'
It is the posjtion of the Garfjeld County Board of Conunissioners that
applicants for land use permits for Maior Proiects must bear.the costs of
any additional governmentai servjces whjch are necessjtated by their
activities in Garfjeld county. unless measures are taken to m'itigate the
adverse socioeconom'ic impacts that may be associated with such projects,
unacceptable de-uerioration in the quaiity of life will result for present
and future residents of Garfield County'
granted the authori tY
ensure that there 'is
funds by the control
po1 i c'i es . The t'ime1 Y
Garfjeld CountY resicjents
projects that Present an
ril
construction of Major Projects and the generation of adequate fiscal";4 *ffiM-
capab.il j ti es of Garf j el d Count, -una the governmental enti t j esVr
reHff[ry,
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5. 08. 02
5. 08. 02 .01
5.08. 02.02
Defi ni ti ons
Maior Proiect: A Project
construction and/or oPeration,
or more workers.
Land Use Permit: A land use
5.08 shal I ref er to the fol I ow'i ng
and land development act'ivities as
or the Garf i el d County Subdi vi s'ion
i. Use, Speci al
2. Use, Condi tional
3. Pl anned Uni t Devel oPment
4. Subdivis'ion
5. Zone District Amendment
which wil I empl oy at any one t'ime, during
'a total project employment force of 200
permit for purposes of this subsection
permits, review procedures, land uses
defi ned el sewhere i n thi s resol uti on
Regul ati ons:
W hBY
,l17/C'.2 lr^aft DS:3
5.08.03 Project ComPl'iance Requi rement
All applicants seeking land use permits from Garfield county for
Major Projects shall comply w'ith a1'l requirements of the Garfield county
Major Project Soc'ioeconom'ic Impact M'itigation Program as a conditjon of
the issuance of the land use perm'it for the project'
In addjtion to any other requirements of this resolutjon, appljcants
for Major Project permits shali prepare and submit the following:
1. A Pre-aPPl icatjon notice
?. A statement of intent to aPPIY
3. Review fee
4. A socioeconomic impact ana'lysis
5. A program for soc joeconomic impact m'it'igation
$ffiv
5l|i/B? Dr'aft DS;3
5. 08.04 Pre-appl i cat j on Adm j n'i strat'ive Procedures
1. PRE-APPLICATION NOTICE
A pre-application notice for a permit shall be filed vrjth the Plann'ing
Djrector and shall contain the applicant's proposal 'lnclud'ing the following
i nf ormat'ion:
A) The name and address of the appljcant, and, if the applicant'is a
partnersh.ip, assoc jat"ion or Corporation, the names and addresses
of al1 managers, partners, and execut'ives d'irectly responsibl e for
operations in Garfield County;
specifjc description of the nature and location of the facility;
Estimated time of commencement of construction, constructjon time'
and overal I devel oPment schedul e;
Estimated number of employees of the applicant, and contractors
and subcontractors of the applicant, during the construction phases'
and during the operating fife of the faciI'ity. Estjmates shalI
-include the number of employees who do not currentiy reside within
the area to be affected by the facil'ity;
2+4*--aff
Ident'ify the governmental iffrisdjc'tions and other taxing author-
ities w'ithin the area of imPact;
Future additions and mod'ifjcations to the facility which the
applicant may request to be approved in the permit application;
A list of any relevant studies which may have been or are intended
to be made of the environmental impact of the facil'ity;
Thegeneralapproachproposedtoidentjfyandaddressthepotential
social and economic impacts of the construction and operation of
the facil itY
for
PRE-APPLiCATION REFERRAL AND PUBLiC NOTICE
Not more than 30 days follovring receipt of a pre-application notice
a perm'it, the Pl ann'ing Di rector shal I :
A) Notify the governing bodies of local government and taxing
authorities which will be within the area of concern and affected
bY the ProPosed facilitY;
B) cause a surmary of the pre-applicat'ion notjce to be published
in newspapers of general c'irculation within the county;
c) File copies of the pre-app'lication notice with the county cierk
and recorder.
B)
c)
D)
E)
F)
G)
H)
:2.
*
5/Li/8? Dr-aft DS:3
3. PRE-APPLICATION HEARING
The Board of County Conrnjssioners shall conduct a public informational
healing jn the county no later than 90 days after receipt of the pre-
appl.ication notice. Any person may participate in the hearing, to the
extent deemed reasonable and relevant by the Board' Such hearing sha11 be
conducted 'in order to accompl i sh the f ol I ow'ing purpose :
A) To prov'ide information on the proposed facil'ity and its potent'ial
area of imPact;
B) To obta'in the vjews and conrnents of the public and concerned
governmentalagenciesregardingthepotentiaisocioeconom.ic.impact
ofthep,opo,"aEffithecountyandothertaxingauthor.it.ies
, *i thi n the i dent'if i ed impact area ;
c) To determine, 'in cooperation wjth the governing bodjes of affected
un:tr(ouernment, the bas'is for allocat'ion of any fee required
at the t'ime the appf icant files an app'lication for a land use
permit in order to facilitate a rev'iew of the scope of any
applicationwhichmaybesubmittedasaresultofthepre-
aPPf ication hearing;
D) To determine the nature and extent of exemptions from any provisions
ofthisprogramthatmaybegrantedtotheappl.icant.
4. PRE-APPLICATION REPORT
As soon as practical , but 'in any case with'in 60 days after the con-
clus'ion of the pre-appl ication healing required by this sect'ion' the Board
shall prepare and make pubfic a report on the pre-application notice and
hearing. The rePort shall include:
A) A sunnmary of public and agency comments;
B) The applicant's proposed scope and schedule for the socioeconom'ic
I
imPact analYsi s;
c) A grant of exempt'ions, if any, from any provisions of this program'
shffig
WttS:,
-
|oor
I s.08.05 Maior Proiect Land Use Applicatjon
I
I r) socIoECoNoMIC IMPACT ANALYSIS
I
I ofter the issuance of the Pre-Applicatjon Report the appljcant
I
I tor a Major project shall prepare a socjoeconomic Irirpact Analysis to
I| '"' u ',uJv,
I
I Oe submitted in coniunct'ion with al1 other appficatjon material as may
I
I oe required by this resolution for a land use permit.
Itt
I z)
'TATEMENT
oF INTENT To APPLY
I
I ,he appl.icant for a Major Project shall file a Statement of intent
]
Lo apply for land use perm'its outl ining the substance'of the requested
]| "v vYt"r
I oermits, the scope of study of the socioeconomic impact analysis and
I
I the t'imetable for the socioeconomic study schedule'
I
I A) SCOPEOFACTIVITIES
h-..I-L-11I tefore commencjng the socjoeconomic impact analysis, the Board shall
I
| ,evjew, with the applicant, a scope of work and study schedule' There-
I .fter a study and periodic reports shall conmenc e on therP:":Wfacility
, *eu-<77. _.--_-_!_I und its social and economic impacts on the county and--+k local governments
I
otlu I u) Jvu rqr urrv uvvr
I .nd taxing entit.ies within the agreed upon impacted area. The study shall
Lt.il jze the resources of the county and local governments relat,ve to the
I
I ;$, . following factors in so far as the pre'liminary decision has specifically
I ;s{ ,j fornd such factors to be relevant and necessary. The fol'lowjng is a list
l,$$ ::.,:':;'j:il.:::.':::,::,::'::::: " ;,';#'n
n'ihe
| \ ",rii!' z. Est'imated construction .time and schedul e;
| '''""
;- *r**,*,i r'€o 'W*#' operatine work rorce;
| 3. Numb
I O. Tax base includjng the potential short and long range demands on
I
I uny tax revenues generated by the facility for the extension or
I
I "xpansion of public services within the county and local govern-
I
| .ents;
I 5- Consistency with local land use pians; -./
I u. Impact on population already in the ur"u und?/population attracted
I
I uy construction or operation of the facility;
I l. Socjal qnd economic effects of construct'ion and operation of the
l,,rM'wjthintheimpactareaonexistingcapabilitiesandLuture requirements W U F-? ru
II ++'-ffi:I -- I
I
I
I
5/17 /9.2 Draf t DS:3
a.
b.
Econom'ic ba se ;
Hous i ng ;
Transportati on ;
Sewer and water faci I i t'ies ;
FNELIffiIruAffY
*sffffer]f,{*
Sol id waste facilities;
Publ'ic safety and fire protectjon facil ities;
Educati onal f aci l i t'ies ;
Heal th and hosPi tal faci I j tj es ;
Rate and distribution of population growth'
o
10.
B. Defined ur"uo&concern:
a- Def init'ion of the area of impact concern vrith respect to
pof iticai iuriscjic'uions and taxing authorit'ies;
b. The reasons for inclusion or exclus'ion of areas primariiy , J
affectedsoc.ial1yoreconomica11ybytheproposedffi
and the method of delineat'ing the area of concern.
Status of permits and approvals requjred by other governmental
agenci es;
Identification of potential mjtigation plan:
a. Mitigation measures to ensure temporary and permanent housing
for the fac'il ity construction and operat'ing personnel. Any
proposed actions on the part of both the appl icant and the
private sector which may be necessary;
b. Impact mitigat'ion measures for the public sector including
actions on the part of the appf icant, 1oca1 jurisdictions,
".ftftr tr ;, ffi {t re em e n t s,€{agi.Fr-rrerrt?'e6 ; o r ot h er
financjal arrangements the appf icant may propose to implement
to assure that capitql faciljt'ies and operational budgets are
are not signifjcantly 'impair'ed as a result of construction or
operation of the proposed major project;
Ea Unuro1dabl e adverse impacts shoul d be sun'rnari zed.
4) FILING FEE
The Board will provide the applicant with an est'imate of the init'ial
fee required to cover the cost of investigating, reviewing, processing,
and serving notice of the application. Paynent of the initial fee can
accompany the Statement of Intent to Apply or may be submitted jater as
might be requ'ired by the Board. The Board will enter jnto a written
5/17 iE.2 Draf t DS:3 a \r
agreement with the appf icant wh'ich agreement wiII specify the costs
whjch shall be assessed against the initial fee'
TherevenuesderjvedfromfiljngfeesmaybeusedbytheBoard.in
organizing a review committee composed of iurisdicafions in the impact
area and revjewing the information requ'ired for rendering a decis'ion on
the land use Permit.
Theapplicantshallpaysuchfeesasarereasonablynecessaryfor
complet.ion of the land use perm'it review by the Board' and unused portions
* s assessed with'in 60 daYsof the fee will be refunded 5nd additional fee:
follow.ing the Board's decision on the appl'ication'
5) ADVISORY COMMITTEES
The Board of cOUnty comm-iss.ioners may appo'int one or more commiitees
to assjst.it in carrying out its duties under this program' committees
appointed to evaluate land use permi t, # be composed of representatives
oflocaljur.isdicat.ions(tax.ingauthorjties)wjthintheagreeduponarea
of concern who may enter into an intergovernmental agreement for purposes
of combining requ'irements and hearing processes to the degree possjble
andpractjcal.Thecommitteemayberejmbursed,wjthinthel.imitsofthe
initial fee, for any necessary expenses in the reasonable conduct of their
evaluation. such expenses shall be identified to the extent possib'le'
and approved by the Board before they are incurred'
-qhffiH
,l17 /S? Dr'aft DS:3
5.08. 06 Suppl emental I ication R 'irements for Laqd Use Permits for
Major Proiects
Upon completion of the socioeconomic impact analysis, the applicant
may f ile an appl ication for a land use permit for ariy or a1'l facilities
identified as part of the Maior Proiect'
1) SUBMiTTAL REQUIREMENTS
A. The aPPljcant shall file (
2. Copies of the I
in their ScoPe
and mi ti ga t'i on
) copies of the appl icat'ion with the
Boa rd
B. Maps, charts or other documents wh'ich are bound jn the applicat'ion
shall be cut or folded to gl-r'inch by 11 jnch size' Maps' drawings'
or charts may accompany an appl icat'ion as separabl e exh'ibits '
c. The appl jcation shall be verified by the app'licant and s'igned by a
.:.
manag'r ng partner, the propr j etor ' or a respons'i bl e execut'ive of f icer'
D. As part of the application, the applicant shall submit an obiective
summary of the entire applicatjon, not to exceed 30 pages in length'
E. hlhenever this program requires information concerning the facjl'ity
to be subm'itted to the Board and the appl icant 'is required to sub-
m-it the same or s'imilaLinformation to another governmental agency
hav.ing iurisdjction, the applicant may submit such information to
the Board in the same format that such'information'is or will be
submitted to such other agency or jurisdiction'
F. The applicat'ion shall conta'in the following information wjth respect
to both the construction period and on-line life of the proposed
fac'i 'l i ty:
1. The appl.ication shall state the name, title, telephone number
andpostofficeaddressofthepersontowhomcommunjcatjonin
regards to the application shall be made'
studies undertaken as agreed upon with the Board
of Activities includjng the social' economic
impact evaluations-
PfrELifTiIBEABY
.*unhEr{=*
5/ll /8? Draft, DS:3
5. 08. 07 Rev'iew of APPI icatjon
1)Uponreceiptofacompletedapplicatjonforalandusepermitfor
a l'1ajor Proiect, the Board shall
a. Transm'it, wjthin 15 days' a copy of the appiication to all
'identi f i ed aff ected governmental enti ti es wi th j n the commun'ity
of interest surrounding the site;
b. Publish notice of recejPt of the
countY 1 egal newsPaPer, and ut'i'l
the Publ jc that the Board deems
2)Wjth.in30daysoffft#theapp1icatiow^otifjedlocal
governments shall report to the Board concerning:
a'Theadequacyoftheapp.ljcatjonandanyadditjonalinformat.ion
needed upon wh'ich to base a deci si on;
b.Reportanyvariancewjthlocal-oovernmentpolicy.
3) wjthin 30 days after the date for rece'ipt of comment from local
agenc.ies, the Board shall issue a report concerning the adequacy
of the appl ication, including whether sufficient 'informat'ion exists
jn the application upon which to base a decis'ion'
4)Within 60 days after the conclusjon of the 'he Board
:
shall make findings upon a1l issues ra'ised duiing the review and
hearing process and render its decision, either grant'ing or denying
a spec.ial use permit based upon the applicat"ion as filed or granting
it upon such terms, cond'it'ions, or modifications as the Board may deem
appropri ate.
appl i catj on
i ze anY other
necessary.
one time in the
means of notifYing
PfiELIEVIEftARY
5/ti lEz
5. 08. 0B
Dr"a f t DS:3
Impact Mitigation Program
1) As a condition of the issuance of the land use permit to the
applicant, the appf icant shall be required to meet the following
minimum standards for an impact mitigation ptogtu''
a. The appf icant shall present a plan demonstrating that adequate
and sufficient housing sha11 be guaranteed to be available
for the population jncreases attrjbutable to the Maior Proiect'
The Major Project applicant shall guarantee such hous'ing by
owning, contracting for, or demonstratjng that it will be
provided by some other mechanism. The housing must meet the
requ'irements of all Garfield County regulations or those of
the appropriate governmental entity.
The applicant shall provide financjal assjstance to provide for
the addit"ional operating costs of affected governmental entjties
which are caused by the impacts or tnffi"'t'
The applicant shall provide financial assistance for the capital
costs of construction of new public facilit'ies required for^frffi)WY'rury;z"ffi
v>*
Any othe? m1tisation measures agreed upon by the Board and the
appl'icant.
e. The applicant and the Board shall agree on a procedure for rev'iew-
ingandadjustjng,.ifneceSSary,themit.igat.ionplan.
2) DEMONSTRATION OF MITIGATION ACTiVITIES
a. It shall be the burden of the applicant to demonstrate to the
satisfaction of the Board that the applicant has met its
robl'igations under the above mitigation program by means of the
fo11ow'ing:
1. Demonstrate that it will provide addit'ional services necessary
to mit'igate impact;f{r10t'sums to affected public entities in
an amount sufficient to mjtigate impact, and construct or
fjnance public fac'ilities necessary to mitigate additional
publ ic service demands created by the project; or
2. Make paynent to each affected governmental entity sufficient
to provide for the defjcjency jn public revenues caused by the
d.
$
'
".t'
,jl
:l'
:
5llll'b? Dr-aft DS:3
presence of the .induced population, whjch results from
the applicant's project, as compared to local government
tax revenues from existing popu'latjon'
3. To the extent that the proiect involves'phases of con-
structjon over t'ime, the impact mjtigat'ion program may
also be phased so that the tjming of payment by the app'licant
and other elements of the program for mitigation impact shall
correspond to the phases of construction acitivity. If such
paymentisphasedandagovernmentalentity'scostincreases
due to 'inflatjon, the payments shall be increased by the
same amount.
3) MONITORING
As a condjtjon of the land use permit, the proiect appljcant shall be
required to develop and implement an ongoing mon'itoring system which
f\ wjll allow the Board to determ'ine whether the representations as to
\L
I -impact are correct. To the extent that there 'is a substantial change
I
/ jn what was represented at the t'ime the permit was granted from what
f, tr'tsfact occurred, sajd change sha11 trigger a reconsideration by the
Board of the appropriate amount of impact mitigation to be provided
by the Project aPPlicant.
?SHfitst"
5/17 /BZ Draft DS#3
5.08.09 Enforcement
The above mitigation program as outl'inedin Section 5.08.08 shall
be a condition of the issuance of the land use permit for the proiect.
Failure to comply with said condjtion may result in the suspension of
the permit.
Upon being advised of an alleged violation of any condition of any
perm'it issued by or on behalf of the Board, the Board may establish a
time for consideration of the al'leged violation, upon not less than
ten (10) days notice to the party engaging in activity under such perm'it,
at which hearing the Board may consjder whether a violation of the
conditjons of the permit has occurred. If the Board determines that a
v'iolat'ion has occurred, the Board may suspend the permit until such
violation can be corrected or until measures can be taken to prevent a
recurrence of the violation, orif the violation is determined to be
continuing or likely to recur and to endanger the safety or welfare of
the residents or property of residents within the county, the Board may
terminate the subject Permit.
'rrhHw
4/B/82
^
'1.08
5. 08. 01
Lo*rr, couNry nl,,- pR.JECr socr,Ecoi\ioMrc rr{pA.ilrrr.orr0N ,R,GRAM
Statement of Purpose
The Garfield County Board of Corurissioners are granted the authoriiy
to plan for the future growth of the county and to ensure that there is
an appropriate and efficient expenditure of public funds by the control
of eeonomic development activities through land use potricies. The timely
and economical provision of public services to all Garfield County residents
can be severly impacted by large scale development projects that present an
immedlate demand for public services and yet. do not generate significant
public revenues until fully developed and operational.
The goal of the Major Project Socioecononr-ic Impact Mltigation Program
is to ensure the timely abailability of adequate housing, community
facilities and all public services during all construction and operation
phases of a }Iajor Project. The second objective is to overcome any pro-
j ected fiscal deficit created during the interim between the start of
construcfion of llajor Projects and the generation of adequate fiscal
capabilities of Garfield County and the governmental entities within the
county to deal with the county population growth associated with the Major
Proj eet.
It is the positici.n of the Garfield County Board of Commissioners that
applicants for land use permits for Major Projects must bear the costs of
any additional governmental services which are necessitated by their activities
in Garfield County. Unless measures are taken to mi-tigate the adverse
socioeconomic impacts that may be assocj-ated with such projects, unacceptable
deterioration in the quality of life will result for present and future
residents of Garfield County.
i.oa.oz Proj ect Compliance Requirement
All applicants seeking land use permits from Garfield County for Major
Projects shall comply with all requirements of the Garfield County Major
Project Socioeconomic Impact Mitigation Program as a condition of the is-
suance of the land use permit for the project. A l'Iajor Project shall be
defined as follows:
Any project which witl employ at one time, during construction
and/or operatlon, a total project employrrent force of 200 or more
workers.
In addition to any other requirements of thi-s resolution, applicants
for }4ajor Project permits shall prepare and submit the following:
1. A pre-application notice
2. An intent to aPPIY and review fee
3. A socioeconornic impact analysis
4. A program for socioeconomic impact miEigation
o
2) PRE-APPLICATION HEARING
The Board of County Commissioners shalI eonduct a public informational
hearing in the county no later than (90) days after receipt of the pre-
application notice. Any person may participate in the hearing, to the ex-
tent deemed reasonable and relevent by the board. Such hearing shall be
conducted i-n order to accomplish the following purpose:
A) To provide information on the proposed facility and its potential
area of concern;
B) To obtain the vj-ews and couments of the public and concerned
governmental agencies within the area of concern on the potential
socioeconomic i-rrpact of the proposed facility on that part of
the county and other taxing authorities wi-thin the identified
impact area;
C) To determine, in cooperation with the governing bodies of affected
units of 1ocal government, the basis for allocation of any fee
required at the time of the applicant files an application for a
land use permit facilitate a review of the scope of any application
which may be submitted as a result of the pre-applicatlon hearing;
D) To determlne the nature and extent of exemptions from any provisions
of this program that may be granted to the applicant.
3) PRE-APPLTCATTON REPORT
As soon as practical, but in any case within (60) days after the conclusion
of the pre-appli-cation heari.ng required by this section, the Board shall
prepare and make public a report on the pre-appllcation notice and hearing.
The report shall include:
A) A summary of public and agency comments;
B) The applieantrs proposed scope and schedule for the socioeconomlc
impact analysis;
C) A grant of exemptions, if any, from anyprovisions of this program.
s.08.04 Land Use Perrnit Application Administrative Procedures
1) INTENT TO A?PLY AND FEE
The applicant shall file an fntent to Apply for a conditional or
special use permit outlining the scope of studl' and timetable for the
study schedule. The Intent to Apply must include all provisi-ons of
the board's scope of activities and method and timetable both to in-
form the identified taxing authorities within the impact area and
method for receiving cormtents as the study progresses.
2) FILING FEE
The Board will provide the applicant with an estimate of the inirial
fee required to cover the cost of investigating, reviewing, processing'
and serving notice of the application. Payment of the initial fee can
accompany the Intent to Apply or n6y be submitted later as might be
required by the Board. Ihe Board will enter into a written agreement
with the applicant which agreement will specify categories of costs
which shall be assessed against the initial fee.
The revenues derived from filing fees shall be used by the board in
organizing a review committee composed of jurisdications in the i-mpact
area and reviewing the information required for rendering a decision on
the special or conditional- use pernit.
Ihe applicant shall pay such fees as are reasonably necessary for
completion of the special or conditional use by the board, and unused
portions of the fee will be refunded prornptly following the boardrs
decision on the application.
3) SoCTOECoNoIIIC TMPACT ANALYSTS
AfEer the completion of the Pre-Application Report outlining the
scope of the Socioeconomic Impact Analysis, the applicant for a Major
Project shall prepare a Socioeconomic Impact Analysis to be submitted
in conjunction with all other applieation material as may be required
by this resolution for a land use permit.
4) ADVISORY COMMITTEES
The board may appoint one or more committess to assist it in carrying
out its duties under this program. Committees appointed to evaLuate
special and conditional use permits shall be composed of representatives
of local jurisdications (taxing authorities) within the agreed upon area
of concern who may enter into an inter pvernmental agreement for purposes
of combini-ng requirements and hearing processes to the degree possible
and practical. The conrnittee may be reimbursed, within the limits of the
l
initial fee, for any necessary expenses in the reasonable conduct of
their evaluation. Such expenses shall be identified to the extent
possible, and approved by the Board before they are incurred.
5) SCOPE OF ACTIVITIES
Before commencing the socioeconomic impact analysis, the Board shall
review, with the appli-cant, a scope of work and study schedule. Thereafter
a study and peri-odic reports shall comnence on the proposed facili-ty and its
social and economic impacEs on the county and the local governments and
taxing enti-ties within the agreed upon impacted area. The study shall
utilize the resources of the county and local governments relative to the
following factors in so far as the preliminary desision has speciflcally
found such factors to be relevant and necessary. The following is a list
of topics which the Board may designate as necessary for inclusion in the
scope of study:
1.
2
3.
4.
The location and purpose of the facility;
Estimated construction time and schedule;
Number of construction and operating work force;
Tax base including the potential short and long range demands
on any tax revenues generated by the faci-lity for the extension
or expansion of public services within the county and Ioca1
governments;
Consistency with local lnad use plans;5.
6.
7.
Impact on population already in
by construction or operation of
Social and economic effects of
facility within the impacL area
requirements:
a. Economic base;
b . Ilousing;
c. Transportation;
d. Sewer and water facilities;
e. Solid waste facilitJ-es;
f. Law enforcement and fire facllities;
C. Educational facilities;
h. Health and hospital facilities;
1. Rate and distribution of population growth.
the area and population attracted
the facility;
construction and operation of the
on existing capabilities and future
o
Defined area on concern:B.
9.
10.
a. Definition of the area of impact concern with respect to
political jurisdictions and taxi_ng authoriti_es;
b. The reasons for inclusion or exclusion of areas primarily
affected socially or economically by the proposed facili_ty,
and the method of delineating the area of concern.
Status of permits and approvals requi-red by other governmental
agencies;
Identification of udtigation measures :
a. I"titigation measures to ensure temporary and permanent housing
for the facil-ity construction and operating personnel. Any
proposed actions on the part of both the applicant and the
)private sector which may be necessary;
b. Impact mitigation measures for the public sector including
acti-ons on the part of the applicant, local jurisdicti-ons,
or intergovernmental agreements or joint ventures; or other
financial arrangements the applicant may propose to implement
to assure facilities are not significantly impaired as a result
of construction or operatlon of the proposed facility;
c. Unavoidable adverse impacts should be sunmarized.
5.08 .05 S-upplemental Application Requirements for Conditional or Special Use Permits
for I'lajor Projects
Upon completion of the socioeconomic lmpact analysis, the applicant
shall file an application for a eonditi.onal or special use permit for any
or all facilities identified as part of the Major project.
1) SIIBMITTAL REQUIREMENTS
A. The applicant shall file () copies of the application with the
board.
B. Maps, charts or other docr:ments which are bound i_n the applicatlon
shalI be cut or fotdedJco 8% inch by 11 inch size. Maps, drawings,
,
or charts may accompany an application as separable exhibits.
C. The appllcaLion shall be verified by the appllcant and signed by a
managing parEner, the proprietor, or a responsible executive officer.
As part of the application, the applicant sha1l submit an obj ectlve
sumnary of the entire applicatlon, not to exceed 30 pages in length.
Llhenever this program requires information concerning the facility
to be subml-tted to the board and the applicant is required to submit
the same or similar information to another governmental agency having
jurisdiction, the applicant may submit such information to the board
in the same format tilat such information is or will be submitted to
such other agency or jurisdiction.
The appllcation shall contain the following information with respect
to both the construction period and on-line life of the proposed
facility:
1. The application shall state the name, titIe, telephone number and
post office address of the person to whom communication in
regards to the application shall be made.
2. Copies of the studies undertaken as agreed upon with the board
in thelr Scope of Activities including the social, economic and
nitigation impact evaluations.
D.
E.
F.
5.08.06 Review of Applicatioa
1) Upon receipt of a completed application for a special or conditional
use perrni-t for a llajor Project, the Board shaIl:
a. Transmit, within 15 daysr a opy of the application to all identified
affected local- governments within the community of interest
surrounding the site;
b. Publlsh notice of receipt of the application one time in the
county legal newspaper, and utilize any other means of notifylng
the publie that the Board deems necessary.
2) Within 30 days of receipt of the application, a1l notified loca1
governments shall report to the Board concerni-ng:
a. The adequacy of the application and any addltional information
needed upon which to base a deci-sion;
b. Report any variance with local government policy.
3) Within 30 days after the date for receipt of comment from 1oca1
agencies, the Board sha11 issue a report concerning the adequacy
of the applicatlon, including whether sufficient information exists
in the application upon which to base a decision.
4) Within 60 days after the conclusion of the public hearings, the Board
shall make findlngs upon all j-ssues raj-sed during the review and
hearing process and render its decision, either granting or denying
a special use permit based upon the application as filed or granting
it upon such terms, conditions, or modificatlons as the Board may deem
appropriate.
5.08.07 Impact Mitigation Program
1) As a condition of the issuance of the land use permit to the applicant,
the applicant shall be required to meet the following standards for an
impact mitigation program:
a. The applicant sha1l present a pl-an demonstrating that adequate and
suffi-cient housing sha1l be guaranteed to be available for the
population increases attfibutable to the Major Project. The
Major Project applicant shall guarant.ee such housing by owning,
contracting for or demonstrating that it will be provided by some
other mechanism. The housing must meet the requi,remenLs of all
Garfield County regulations or those of the appropriate goverrunental
entity.
b. The applicant shall provide financial assistance to provide for the
additional operatlng costs of affected governmental entlties which
are caused by the impacts of the project.
c. The applicant shall provide financial asslstance for the capltal
costs of construction of new public facilities required for affected
governmental entities to provide services attributable to the impacts
of the projects and its induced population.
d. Any other mitigation measures agreed upon by the Board and the
applicant.
e. The applicant and the Board shall agree on a procedure for reviewing
and adjusting, if necessary, the mitigation p1an.
2) DEI4ONSTMTION OF MITIGATION ACTIVITIES
a. It shall be the burden of the applicant to demonstrate to the
satisfaction of the Board that the applicant has met its obligation
under the above mitigation program by means of the following:
1. Demonstrate that it wil-1 provide additional servlces necessary
to mitigate lmpact of pay sums to affected public entities ln
an amount sufflcient to mitigate impact, and construct or finance
public facilities necessary to mitigate addltional publ-tc servlce
demands created by the project; or
2. Make payment to each affected governmental entity sufficient to
provide for the defi-ciency in public revenues caused by the
presence of the induced population, which results from the ap-
plicantrs project, as compared to loeal government tax revenues
from existing population.
3) To the extent that the project involves phases of construction
the impact mitigation program may also be phased so that the ti
of the payment by the applicant for mitigation impact shall cor
to the phase of construction activity. If such payment 1s phas
governmental entity's cost increases due to inflation, the paym
be increased by the same amount.
3) I,rONrToRrNG
As a condition of the land use permit, the project appli-cant
required to develop and lmplement an ongoing moni-Eoring system which
a1low fhe Board to determine whether the representations as to impa
correct. To the extent that there is a substantial change in what
represented at the time the permit was granted from what is fact occ
said change shall trigger a reconsideration by the Board of the app
amount of impact mitigation to be provided by the project applicant.
'er time,
ng
espdnd
and a
ts shall
ll be
ill
t are
S
rred,
priate
5. 08.,08 Enforcement
to comply with said condition may result in the suspenslon of the per ir.
Upon being advised of an alleged violation of any condition of permit
The above mitigation program as outlined in Section 5.08.06 sha
a condition of the issuance of the land use permit for the project.
issued by or on behalf of the Board, the Board may establish a time
consideration of the alleged violation, upon not less than ten (10)
notice to the party engaging in activity under such permit, at which
the Board may consider whether a violation of the conditions of the
occurred. If the Board determines that a violation has occurred, t
may suspend the permit until such violation can be corrected or unt
can be taken Eo prevent a recurrence of the violation, or if the vio
determined to be continuing or likely to recur and to endanger the s
welfare of the residents or property of residents within the county,
Board may terminate the subject permit.
lbe
ilure
ari-ng
rmit has
Board
measures
.tion i-s
ety or
he
t
ys
i'iu,''5, ,1 t* - t
GARFIELD COUNIY MAJOR PROJECT SUCIOECONOMIC lMPACT MITiGAIIOl\I PROGR
I.Program Purpose
The Garfjeld County Board of Comniss'ioners are granted ihe authority to plan
for the future grovrth of the county and to ensure that there is an appropriate
and efficient expend'iture of public funds by the control of economic deveJlopment
activ'ites through land use po1 icies. The tiiiiely an.i ecunonljcal pr-ovis jon of
public services to all Garfield County residents can be severe'ly impactQd by large
scale development projects that present an immedjate demand for publi. rf.ui..,
and yet do not generate significant public revenues unt'il fully develon.J ona
operational.
The goa'l of the Major Project Socioeconomic Impact Mitigation Progrfm is to
ensure the timely avajlabif ity of adequate housinq, community fac'il jties and all
public services durjng a1l construction and operation phases of a Major lroject.
Th'is will be accomplished through an analysis of the socioeconom'ic imRac{ of
nnior development projects in Garfield County. The second obiective is
J.
overcorne any proiected deficjt created durinq the'interim between the stlrt of
construction of Maior Proiects and the generation of adequate fiscal canlUilities
of Garfjeld County and the governmenta'l entjt'ies withjn the county to de]l with
the county population growth <ffi#{.ith the Major Project.
it'is the position of the Garfield County Board of Commissjoners th]t annlicants
for land use permits for Major Projects must hrear the costs of any add'itl
governmental services wh'ich are necessr'tated by their activ'ities in Garfi
onal
e1 d County.
Unless measures are taken to mitigate the adverse socioeconom'ic impacts {nu, *u,
be associated vrith.such projects, unacceptable deterjoration 'in the qual
will result for present and future res"idents of Garfield County.
ty of life
I I. Project Compl jance Requirement
All applicants seek'ing land use permits from Garfield
shall compiy with all requirements of the Garfjeld County
County for trla,ljor Projects
Major Project {o.iou.ouo*i.
- 1-
III
Impact Mitigation Program as a condition of the issuance of the land use permit for
the project. A Major Project shall be defined as follows:
Any firoject which w.il I empl oy at one time, durinq construction anA/[r
operation, a total project employment force of 200 or more workers.
Impac tJna lys i s
A. In addition to any other requirements of th'is resolution, appl r'cantf for
Ma jor Pr.ojects perm'its shal I prepare and submj t the fol l owing:
1. A socioecononric impact analysis
2. A program for socioeconom'ic impact mit'igation
B. The socioeconomic impact analysis, which shall be presented as part of the
appfication for a land use permit, shalI consist of the foliowing.l.run[,'
1. Annual employment projections for the life of the project by yepr
until such tlme as the work force has stabilized after operatio[.
These projections shall include both temporary construction employ-
ment, and permanent operations employment, which numbers sha11 pe
separately identi fied.
2. Total induced populat'ion for the ljfe of the proiect by year until
the work force has stabilized after operation. This figure should
include the total permanent work force of the project, the total
number of construction employees for the project, all genera'l a[rd
subcontractors, the total secondary industrial and serv'ice emplFy-
ment population induced by the project, and the total assocjated
family member population. fhe iotil piojected population shall be
provided by year, and an estimate made as to the probable place of
res'idence .
Projected public costs requ'ired for the total jnduced populatjon shall
be set forth. Thjs est'imate shall jnclude the cost of al1 govern-
mental facil'ities, services, and operational costs required for thetotal induced population, which costs shall include but not be limited
to the fol l owing: sewer and water fac'il .ities, school cl assroom and
administrat jve space, parks and recreat'ion, hosp'ital and med'ical
services, mental health and social services, soljd waste management,
pubf ic safety and fire protection, public detention facilit'ies, and
addi ti onal s treets and roads.
All projected government revenues that will result from the proiect:
ad valorem, severance, sales, use taxes, fees, as well as other
revenues to be accrued to the affected governmental entit'ies. These
revenue projections shal I be estimated by year for the period qf time
beginning with construction of the fac'ility and continuing until the
project is operational .
3.
4.
-2-
5. Annual proiections of each local gevernment's fiscal balancefor the life of the project. 1) The impact analysis sha11
compare the expenditures projected pursuant of paragraph (3)
above and revenues projected pursuant to paragraph (4) abovefor populatjon growth from the development. The resultsof the comparison should be compljed and presented for each
impacted local government entity" 2) The comparison shall
be accompanied by an analysis that discusses the alter-
native approaches and resources available to mjtigate any
revenue short fal ls 'identjf ied and to provide fac jl'ities and
servjces, as needed to accommodate the oopulation qrowth
resulting from the development.
6. An a,nalysis of the housi:ng needs and supply of the total'in-
duced pop 1 ua t'i on .
IV. Impact Mjtigation Program
A. As a cond'ition of the issuance of the land use perm'it to the af,Ol icant,
applicant shall be required to meet the following standards for an impact
mi tigation program!
1.The appljcant shall present a plan demonstratinq that adequate andsufficient housing shal 1 be guaranteed to be availabl e for 20070of the principal populatjon attributable to the Major Project. The
MaJor Project applicant shall guarantee such hous"ing by owningi
contracting for or demonstrating that it will be provided by sqme
other mechan'isnr. The hous i ng mus t meet the requi rements of al'l
Garfield County regulations or those of the anpropriate governrhental
entity.
The applicant shall provide financial assistance to provide for].
the additional operating costs of affected governmental ent"iti{s
which are caused by the impacts of the project.
The appl icant shall provide fr'nancjal assistance .for the .uptu]
costs of constructr'on of new publ ic fac'il'ities required for
aff ected governmeffil ent'ities to provi de services atti butabl e [othe jrrpacis of thJproject and jts induced population. I
Demonstration of Mitigation Actjvities
It shall be the burden of the applicant to demonstrate to thesatisfaction of the Board that the applicant has met its obl'i-gation under the above mit'igation program by means of the fo11{wina:
a. Dernonstrate that it wil'l provide additional serv'i.., nu..r]u.,to mitigate impact or pay sums to affected public entjtiesin an amount suffic'ient to mitigate impact, and construct drfinance publ ic facilit'ies necessary to mitigate additional
pubf ic service demands created by the project; or
b. Make payment to each af fected governmental enti ty suff ic'ierltto provide for the deficiency in public revenues caused by
the
/
t)U.
i.
V.
the presence of tlre induced population, which results fromthe applicant's project, as compared to local government tax
revenues from the existing populatjon.
2. To the extent that the project involves phases of constructjonover time, the 'impact m'itigation pro.gram rnay also be phased
so that the timing of the payment by the applicant for mjtj-gation impact shall correspond to the phase of constructionactivity. If such payment is phased and a governmental entity'scost jncreases due to 'inflatjon, the payments shall be increasedby the same amount.
Moni tori ng
As a condition of the land use permit, the project applicant shall be
required to develop and implement an ongoing monitoring system wfricn [^rill
allow the Board to determine whether the representations as to impact are
correct. To the extent that there is a substantial change in what was
represented at the time the permit was granted from what in fact occurred,
said change sha11 trigger a reconsideration by the Board of the appropriate
amount of impact mitigation to be provided by the project applicant.
The monitorfng requirement shall not apply whenever the principal
populat'ion is less than fifty (50) peop'le.
Compl i ance
The above m'itigation program shall be a cond'ition of the'issuancb of the
land use permit for the project. Failure to comply with said conditiln ruv
result in the suspension of the permit.
Upon being advised of an alledged violation of any conditjon of [ny permit
jssued by or on behalf of the Board, the Board may establish a time ffr con-
sideration of the alleged v'iolation, upon not less than ten (10) aays notice
to the party engaging in activity under such permit, at which hearing the Board
may consider whether a violation of the conditions of the permit has
fccurred.If the Board determines that a violation has occurred, the Board may fuspend
the permit until such violation can be corrected or until measures cair Ue taken
to prevent a recurrence of the vjolat'ion, or if the violation is Oetelm'ined to
VI.
-4-
be continuing or
the res'idents or
terminate the su
oikely to recur and to endanger
roperty of resjdents wjthjn the
ect permit.
the safety or wel fa
county, the Board
tr
of
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602-0640 Phone 945-9158P.O. Box 640
March 10, L982
J. K. Smith
P.O. Box f8534
Denver, CO 80218
I riAnr, u*_,JLij
&txrrcr.g r,.r. r-l$lillf;B
Dear J. K.:
This letter is a follow-up to our telephone conversation of
March g, LgB2, in which we discussed your February 25, L982,
memo to Dan Johnson. AS I told Your I have reviewed your
memo with Lee Merkel, the Garfield countl Energy Impact
Coordinator, and Dennis Stranger, Garfield County Planning
Director. PersonalIy, I felt that your memo contained many
good ideas, and that it is in the Countyrs best interest to
iollow-up with you on what you are doing-
I do want to indicate tc you that the county is attempting
to move this matier forward as quickl-y as possible. The
County staff has already prepared one new revision of the
resoliltion and is now going through a second revision. You
have indicated to me that you have done some writing tofplush out the points in your outline. I think it would be
very helpful for the county to see this, but the county
doei need to receive this as soon as pcssible so your drafting
efforts and the Countyrs efforts can be meshed'
Therefore, I would recommend to you and to Dan Johnson that
you make your written outline available to the county as soon-as chevron deems that appropriate. I also think that in some
poi"t in the near future we should get-together to.discuss
the contents of your draft and the bibliography which you
included.
Thank you again for your interest in this matter'
Very trulY Yours,
f,/|il,',lr*Earl G. Rhodes
Garfield CountY AttorneY
EGR/tb
xc: Dan Johnson ,/Dennis Stranger \./
Lee Merkel
o
f. An analysis dt ti.,e housingrsupply of the total jnduced poP-
ul atr'on-. *r- ^-*(
Il'tac]__!!iLl GAT_r qry FIOG P. AU
,^r,nual projectjorrs of ;ach 'local !C,i'cr r,r.i:rtrS f iscal ialarrce
to,:-if:e'I jie of trc :,r c;r:ct. 1) Tire jrpoct 'r;]ys'is sha11.
co:',lar'e the qxper'dt'tures projected pursrrant to Fdl"agl:li'n. (c)
above ar,d r-e\4crrr.ies p' ojec ted pr.rrsuatit to pa r-agraph (9) above
i;; c;.#pdpulatjon ororvth fr'om the developtrent. The re-
,riti;f..'t-Jre cor,parison should be co;rpi led and p,resented"fo.-.uin i,rpJ.ted local !ov€r'r,n,ettt errtity. 2) The cciqoarjson
tf,ati Uu u..d,npanied by in analysis that discusses the alter-
natjve upp,-oJchetr and resources ebailable to m1t1qate any
;;;;;;.-!to.i.-ti1rt idengi fiedf:6 provide lac jr ities and
; ; ; ; ; ; ; t :-"-J[i*,€ .,i i*=.tlr o p u l'a'i i o n g row gf,r ilo'm
*ti, e c ev el o pmen t'
l.i ,"-1;t*(- '/; .' ...i,','.-,., -. )'-<-<
A.As a conditi0n of the issuance
appl icant shal I be r.'qui red to
of the land use pernrit to the applicant, the
n'reet the folloivjrrq st-andards for an impact
nri
\t.
r1
I
ti gat'ion P!^ogram.
''' ""'-I)"- i d:tt. 'i
The appl lcant shal I d+iicrst..::ate ava+
A-ui'1,-! : ,f:f;:{-I,?ffi;tv . tr1 i a, i, (G *'; ?'xi rfi.litne df)pttLdilL )r,or r us'urD--.-, ":",':"^, ;r.^-. .1 ",.:.-i..,/a
less iiun B0 per'cent of the tio.k"force at the t"ime of-derrand. €.-- t;11, -" til'i.'Iil ;;'[;; ;;!".qi*"i;.;;, ,ni t,qy:]tg :':l^:l'::1,:l: :: *;:'-'-t';"',
oi1 I.' ..lt';; il6 ;.;;;.ro"cor.tv s"Lai vi si'on P'equl at j ons or i4" '- ,.' t,, al
r-
,
1-)/.,L
The
COS
ind
L 1'n-
nst
C
j
r
2.
,t
r
3.
k
ap
S
CC
at
ea
sts
l. .-{-, tJ L
n-'t :r
trato
,other apf,.opriate governnrenta'l entity'
The appt h.ant shall provide financ'ial assistance to provide.for
il; ;fiitii,iiir operati ng .otts of af fected sovernmental enti ti es
which u.b.aused by the'impacts of the project'
jal assistance for the caPital
c faci I i tj es requi red for the '-'1
ro j ec t.',^ , t-, ,-'-*t'*. ,t f:>--^) .t/
It shalI be the burden of'the appficant to der"onstrate to the
tJtlri.it;;n-;i the Board that i! t us met its obligation under
16. .U.r. ,itigation program by means of the followinq:
a. Demonstrate that i t wi I 1 prov'i de addj tj onal servj ces necessary
;; ;;iir;iu i,rpuct or pay surns to af fected publ.ic enti ties
i;;i"-uilrnt sufficjent 1o mjtigate inrpact, and constt^uct
;; ;i;.;;;; pubt'ic fac i I j tj es net"ssary to mj ii qate add j tional
public se.uice demands created by the project; or
^ .,7b. l,lakd payment to the coulJy. suffic j ent to provide for the de-
;;;i";;i in pubtic revenu-es caused by the presenc_e of.the
;;;J;;ioooufatjon in the County, whjch results from the ap-
,iia;;i'l proiect, as compared to local government tax
r^"udnr"s f rom the exi s t'i ng po pu1 a ti on '
cant shall provide financ
construction of new Publi
opulation +atsed 5Y the PL+. '(-- f,^- i'-i 'f' '{:
of l,ljtigation Activitj es
ppl i
of
ed-pt.
ti on
pl
n
tl;k,(
-\)./.>^- r- - -,i-, L- s
t
ein
1.
.-lcc\t t;
51Y{Roczei<
James S. Clonirrger
l,4anager ol Admrolslrallvrf Servrces Eebruary 23, L9B2
Mr. Earl RhodesGarfield County Attorney
Garfiel-d County Courthouse
Glenwood Springs, Colorado 8160I
Dear Earl:
Enclosed are some possible definitions for your use in
preparing a draft county impact mitigation ordinance. Thedefinitions do not necessarily represent any partj-cuIar
opinj-on on our part, but are merely an effort to contributeto the clarificati-on of the entire discussion.
In reviewing the definitions, you may concluder ds I did,that there is substantial opportunity to simplify the dis-cussion through the elimination of certain words and phrases
tirat have only marginally different meanings. In particular,
I think some opportunities exj-st in the discussion of services
and facilities, and in the discussion of employees.
When your schedul-e permits, I would like to get together with
you and Lee to discuss the entire ordinance as wel-I as the
def init.ions. I hope this is usef uI.
Very truly yours,
Union Energy MiODivisron
Unron Oil Company of Califorrria
2777 Crossroads Blvd. - Suite 100
Grand Junction, Colorado 81501
Telephone (303) 243-01 12 " ,
unt@n
il'-tuu fu 11'il"dk
Peter D. Nichols fa..,
Legislative Affairs Administrator
PDN: tw
Enclosure
cc: Lee Merkel
1.'
, r, ,,l,,rilu"I'1I1'f rTf ON--7;D]]tr IN NSi
J ,.t. 1 L'l- any rcarl estate, irnprovement
propcrL\/ used as a par-l'- of or in
t-o rcar I es t.r 1_c ,
support r,;f .inyC)l' i-)r'.1-:.;I
arLtt i'.1 i,,
r.rl !).i ,t.,(.
!-' j,rl
i t'.rl r I i
lii,iri.,i.,l.
tii.r ,.irlrl
r'1lt It ,'.
llr'l''.r:!j-. [he l)rovision ol act_ivities for the bcnefit
.,1i. lirr.inl rrtIli Of t.hC 1fUlt1f c.
I _ ', ljl: 1L] l,y- .tny r:r:;il es t.t+.e / im1_rroverncn t_ to
, r)r' t)L-:lllonir.l plopcrl_), r-tscd as a part ol. or itr
,in\'.tr:i.i,\/1i-y concjucl_crl b1,, or nacie avarilaltlc t.o
\l,i' .rnv i tiH#:+t]_.€+{Fu}Lz3f-j.ex-+p\ qovcrnncni-;rl\)
i i ' :,ctl .:l !.9! - t-lic:
. I , I r r- ! r,: l. | .,.:: ,r, ()l
,:.i) f.itl,Lic ),)'
. (,t)t-i.t \/.
n of activi l_ics
Lo one or ntorc
i.o
C]
q
pr ()vil.i
t.rr,l I rr'
.rr)y
t ,- , .t l.-tr.-i
irr,-. lit);e r':;
,ll,llL::]_]gg_flr.!1,- any rcal. cstate, improvcnrclrL t.r-r
, ())'L)ct:tlon(rI irropcrl_y ri:;cd as a pirrt of or l-.it
r.r., .r,:t L,.,ity r.rhich is Lhc responsil-ri.Irt_y of c)r j s
,i .r 1c<lcra1, statc or local qovernnrcnt-, rJr any
.i,,1 i ','i:; i.ctt-t *.he::cof.
lll_: f r t,V - .rny rcal cs tate , improvement to re.r I
supporl:
publ ic
publ ic
r,r:l: ()Dit1 ;rlOpert.y uS;Ccl aS a paI.t Of Or in
ii.zi[12 (]) erri;:)-oyeci in the provisjon of
(":) concluct_r:cl by <lr: rnaric available to the
-l -
gove rnmental- enti 1-y .
(')l"
(.) l
SL. l
t,'
,tt. r
pI'oi-,aj)- t Y
:rLrL1\'rLy
iill _],:'_.r_if.lJ.- any rcal esLate,
irtcl .iri;r;-,art of or in:;r-rpport of
or personal
any industrial
1-iiu provi sion of aut-i-iori-zccl
i-,y .t go.!/ernnrental cnti t-y, wirether f ederal, stal-e
, r- ,-ul)' i.tqency or su):division of any such r-:nLi tV
:()t' Lhc br:ncf it of olle or more members of t-he
__-:!l:\,_1_,.,r:- tire pro',/.r.:i lon of activitr,-'s or
r tt'r. li tf:r.i I>i' l.aw t-Cr ],rC made aVailable t-u 'clre
Ir,' il lltarlc avai.L..irl.c ilVclilable to any ntenibr:r's ol
(,r,r.'r.,t lrtCil'r ;r L :;Cf ,,riCe S-
i,aLl,.rtL.ir'
(-. l- lt.r.;.,i,
r'!)lliill!ll (' I
liri.lt .
J,L
..1
. Ll,
| ,,t
.ll
l..iIrI
,,Li'
t ci r'r l.
I (,(iit,.'I L
t,, tl_
lrt,t.lt,.'l
ex1:enr-l i t-ui-cr:;
or spccj [.Lc:cl
,tl
ir-rcnrred in ord,-r] t-o
l eve l o f produ,; t.i r.>11 ,
;r,r'ir i-cvi: An iitt-.cndec'l
,r,.r iyit1,, ctr sc, l-',/i.ecsi.
::e - .:t11 )' pC rSOn ,,",11c-' L:-; engaged
f i rr:rnc iii l,. consiilcra Li.rtn.
cxperrrii 1-urcs incurr', .i
or speci fiecl le,.,el-
it'r servir-:c LO
I I'I
of
ii l:l
i,llr(rl :.
tLtrl -i 1.,'l -'
lrt .t
I ;il-.,u.r i :,
1ii:,-'Li'ir,
l-I cnrl)lr)Yec- any empl oyce thc subject- of v/l)osc
lr-ir t-ii.ri iri.s cuployur(rrt .wlitii h j s em;:Ioycr: is )
&rhru,r- U^lWf"! N-,-L- N*W b-;,To , ',, t,0:+i tr'ei t'e ll:lOllEIr-I;. l-
-e n L_ cml) I oyce - any crnploygs the sub j ect o f whose
rur--i., Lh;rt. hjs cmrrl,ovrncnL r.t , ",c A"in,r*-
-2-
his, GrnDlovcr is,f-qrJa|L-=@
fu*'ri- illr"-
v.,])osc 1.ti',,
C-r l- :;1-r61..-' -, ,' t
L-)i)c t.it
1 t.i b<> l. -i r;
], \'r-r l t.rl I
(lon r; t
(.1:l: i.:l,l
1,1,,,,1
,|-'rt;-r11i. i i, r
1i,, rS t. I ,
r':it..r)rlr, ir'
(.r !'.1 (',i:lr
rtc I l!3__l:rr',ployee- any entployee ti're sub jecL ot-
i:; i)r.ilirar il-y tl-rc c:i'fot,t t-o achieve arn irti-cncieci
I I t,..,'rll c.r'i proclue-t-ion, ar:t-i vity or servicesl .
ir)rr:r cfnll .loyoc- .lny employee the subject. of rnrllose
r inr,iri 1y 1-o maintain .in intended or speci f ied
\ )(l 1 i{ t- i orr , acl-ivity or :;cr vices .
..i,,ir- l-irc cntire nr.tnl])cr of inhabiL.irtt-:; Lir .t
I.
rL,l 1,oPu-1 ,r1..iot't- thc PopLlIation of a defineci are.l
t-'ithel by (1) the most recent decennial or
i r::t u:, cotirlttc l-ecl ]-tr,, al f ederal, state ol: loc;tl
(ir.,,r t-'j..r'r ii "qualil-icd ccnsus") if such cellsus lJJS
",i I f ,in (,)nc year of 1-hc date as t-o rvhiclr thr
',1,rriitt-it-,n is i:o be clet-ermined, oI (2) by
ilr,, tl\.,Il',tur.i iu'l Itu;tl ttrc;ICase or drlcft:,Il]r-l irt
;rtt I r.,,u: r-,lr t.)rc 1970 f c:rlc:la l. rleccnnial cerrs;us iLr-r<.1 tirr;
l (lr.L.il j liccl ccn:;Llrr, r,vi-ti-ch pro jection shii..l l. I-rc
ir1, lrrr l t-iplf irig t-lte a\./cralge artlttual.. incrt:a:;u oL'
rt()iruiir l. -iott cir-rrin<; 1-irc I.lase per:iod by 1-hrr iLr-iiiii-rr-:r
i,,ra:,.1n Li-rc niost rcceni-- ([i]aIifiecl censLrs ;rrri,i t-ii,:
'( ) ,,..,Iti r;ii Lltt: ,:xi.:; Litttl popu.l .rti.on is Lo bc
. ,rt)cl rirttl.Li-L,l)'ir-r,l thc l'esulting fic;ure b1' the
L-., r t lre.: iit: [.i ned ir r(-r.l .r L the time o f t]re ].i t-e r-
r l:rLLil r.r;c<1 i-n est-abl.-j.:;hing the r.rte of popLrIatj-on
,l.itt:i} :;e.
t:.:_ i_.lll:l,lt,!_:llr_!ln* t)'rat- p.rrt of the population of a
:l:. I ..t ('.rLrlici(1 b1' a Iar<1r: scale development projcct,
)-
irrclti,l,itt,r
tl,-,Vttf()t.,(-'t'q,.'ll(lral alld
employces of the owner, En-A
seconr,lary contractor
l cits-;ori;r i-, 1_l'
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in]-rabi t-an L s
provic'le not:malIy requir:ecl goocls and.
, and such f amily members of ot_hose
rt-! tuily reasonably itc etipcct_ed to reside il-t thc
,plfjllllgtign- thaL part of the ir-rducecl
(.) l ri cir-:f j ned o. l1ci,r rvh.i r:h j.s not p,art oi t_itc
r l.r t-ron but is nccessary .to p.flovide norrnally..)l
I ili,r I
r.t
rtl()r) but. rs nccc,ssrrry ntg na:ovirie norrrrally
,r.(t :rrjrvices Lo r'hc m# popr,rlarion antl
L'r s r:i- such intl j v icirra Ls who may rcatsorral_,1y }te
; r'rlc i.n t.]re clcf inccl .lr:ea.
r rlii
i_li _-lr9l:rr1;rLjon- t_hat_ part- of t-he jn<luccrl
, ,i : rl,-'l i rrc<.1 aireal wlr.i t;lr is di rectry rel.al t-e .,1 Lt .r
, ,lrt\rclrr[),1(]l.tt- 1rl-' jrtr:t , Lt)c1ucl irrg o1.fi(_-ct.:; ,r.il
r , lrr-t oh,r)L.r-, the r'l cvc1.opcr, general arnc_l secr_.,nclari,
.i:rrl thc f ;rmi 1.y nrcmlrr_rr s; of such inclividual:; rvi-ro
r,l','Iltr (:t.:[)(]cl-ed t:r.t resi(ic ii-i the clefirrecl ctri,_..1.
:t! 1_]_1:__-gii1y9!oplgrl !__jl_r_!ll :l.jt- any clcrretr-,1..irrrr.r.i t_
r r< ,, rn,i Ll <1 i reccly reslrl t in employmer)1- ii,-,r .r
'rt :i(,ns c(iLralI t_o or in e:icess of two and onc-ha i i
1 lr, i,ot irl r:nrp1o)/n)Lllt l. ctf t_he county (as mc..isurccl
':; i Lini tccl Sitatcs I)cpartlrre nt of Labo:: rrrorrthry
(',,)ur) Lv critpl.oynlcnt [rr j or: to t]re incepl_ion c; !,
I ,..,t pr:-ncipal conLlrylgr- a per:son or entity wi-ro
i r r:. 1_ Lrr l.,i-1_lt t.irc c-l\.,,,rrel: or cleveloper of proi_rgy. 1-.,,
-4-
r-, 1f i-r--crs a rrd
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ir,i--ri
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r I Lir,iI
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tl
'rrl-r'rri by il contract for t.he modification of- the
,f '.iriit- I)ropcrty for .i fixcd price/ conuni:ision,
:
,,!, ), _!_9! !I-l9tor' _c-rr- __-S_,.r.l.rcoltractor- a pct:s()r) or
(t(.)nt, l acLs rvi.Ll'r a cJe ncral or principal cont-riictor
)i{,( 1\nti,tt-1, conLracLor or sultcot-ttract-or t-o []Lt-1:r)] rrl
l. r.,.i Lii::; clnl-',racecl i n t-irc contract of tire qe ncr:a.J-
,rl rt(,)nt,r:actor \./j.LIt the owner or cleveloller of
r. it.1. rcr \/(inLlc a5i a rCsult of a Llro ject-- ci-rc
r l) a('l val.orcnr 1>ropcri-y Laxes collected as i-lr,:
,..isi rl;snlclrl- oj- an,inc'l r-rst-rj.arl facrlity, Iess t-ite.rd
..c:i r.rhi.c')r l.rould harze i-rr:r:rr collected in the;l.lJsence
t:ct- from t-l-rc proilcr.L)r \rirOSCj value is affectcd Lr1'
, i rl l,rr:i I ity, (2) rl,:il('l; .rtril ut;()s Lail(:s irrrirr-,:;,:rl
r(iri:rt.l.i,r I ['aciLi-t.y (inclriding the componcnLs anc.]
rl!r rrtl i rr construct--ion anci its products ) , ar: r'i ( 3 )
I ocal 9o.,, c.rnment s as the resul t- o f
rrl of scverance ta>:r:s or federal nrirler.rl
l'r'l So I
c
-J-
i , 1.,
J. K. SMITH
P.O. Box 18534 o Denver, CO 80218 o (303) 377-0704
TO: Dan Johnson
Chevron Shale
,?l,l
CTVrrV,
I,HOI.'I: J. K. .*rtn Q/ .{-ftd
'/J" ' '/\'/r lu
DATE: February 26/1982
SURIECT: Garfleld County Irnpact ltlltlgablon Program
Enclosed herewlth 1s an outllne of the subJect study.
Thls is a result of a llterature search and earller
dlscusslons wlth you, the Chevron Shale 011 staff and
Earl Rhodes, Garfleld County Attorneyrs early draft.
The outl1ne, 1f approved, would take the form of an
amendment to the Garfleld County Zonlng Regulatlon to
trlgger an lmpact study when a proposed fac111ty 1s of
such nagrltude to waruant mltlgatlon measures, and a
guldel1ne for an appllcant to prepare an lmpact mltlgatlon
program. Both ltems w111 be completed upon your approvalof the attached outllne.
JKS:sIr
Attachments
cc: Earl G. Rhodes
nd'Q
-f''i .
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-rr".oi'. "' n*:*,t-\'{-' *t ,,.*..;1."S
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flr1T,INE FOR N{PACT MITIGATION PFOGRAM
Garfleld County, Colorado (2/23/82)
1. An appllcatlon for a condltlonaL or speclal use permlt under an
amendment to the county zonlng resoLutlon determlnes Lhe needfor a f1sca1 lmpaet study or not.
2. If less than 250 employees are estlmated to be employed, or the
proJeet, vtren operatlonal, hrlll have a total valuatlon of less
than $50 m1111on, an appllcant proceeds wlth exlstlng zonlng
requlrements for revlew and approval.
3. It 250 or more employees are estlnrated to be employed for the
constructlon or operatlon of the fac1l1ty, or the proJect when
operatlonal, w111 have a valuatlon of $50 m1L11on or more, the
appllcant f1les a pre-appl1cat1on notlce (based on guldellnes
prepared as a part of thls proposed program) wlth the Board ofl
County Conrnl ssloners.
4. A pre-appllcatlon notlce 1s f1leci wlth the Board of County
Conrnlssloners outllnlng the appllcantrs proposal 1n its enblrety
(regardless of number of permlts antlclpated) 1nc1ud1ng locatlons,
antlclpated magnltude and potentlal area of concern (lmpaet area).
5. The Eoard of County Conrnlssloners conducts a hearlng to recelve
lnput regardlng the scope of actlvltles and potentlal area of
concern.
6. The Board of
and area of
deflned area
County Conmlssloners determlne the scope of actlvltles
concern and notlfles the taxlrg Jurlsdlctlons wlthln the
of concern surroundlng the proposed fac1I1ty.
7. The appllcant f1les an Intent to Apply for a conditional,/spec1al
use permlt lncludlng a fee, and an outline of the scope of study
and tlmetabLe for the study schedu1e. The fee shall be used
1n renderlng a declslon on the appllcatlon and carrylng out the
Board's responslbllltles 1n neyiewlng the app11catlon. Any
unused portlon 1s returned to the appllcant vrlth an accountlngof expendltures.
B. The appllcant undertakes the study as agreed upon and provldes
perlodlc reports to the Jurlsdlctlons wlLh1n the ldentlfled
area of concern.
9.
ln
Upon completlon of the study, the appllcant flles an appllcatlonfor a condltlonal,/speclal use permlt for any or all facllltlesldentlfled 1n the study.
The Board of Courty
appllcation.
The Board of Cor-rrty
mltlgatlon measures
Conmlssloners hold a hearlng on the
Conrnlssloners and appllcant negotlate the
and resolve the mltlgatlon plan.
The cond1tlonal,/speclal use permlt is lssued by the Board of
County Conrnlssloners.
Annual nnnltorlng meetlngs may be conducted by the Board of
county conmlssloners to revlew wlth the appllcant adJustmentsto prevlously agreed mltlgatlon measures that nray be created byactual rather than prevlous estlmates of employment. The procedurefor adJustlng mltlgatlon rieasures wlll be establlshed at thetlme the permlt 1s lssued.
11.
..1 ,))-Lc
13.
OIM,INE OF PERMIT PROCESS
1. C,zS Use Permlt
Appllcatlon
3. ImpacL StudY
Requl red2. less Than
Requlre
q. PneApplicaLlon
5 . ITeari ng
6. Stuciy Dcl,enninati.on
7. lntenL
9. Appllcation
10. llearlng
11. Mltlgatlon
Resolutlon
12. Permlt
Issued
3. Monlton
BIBLIOGMPI{Y
HB 1253 , (Lg76) Colorado Ccneral Session (not adopt4), A BiIl For
An Acr Establtihlng a State Ererpry Facillty Siting Prograrn.
HB 1034, Qg74) Iocal Covernuent Iand use control Erabling Act,
Colorado.
SB 312, (1981) An Act AuthorizaElon of Voluntary Prepayment of Ad
Valorem iaxee' ln Erergy-Irnpacted Areas, Colorado'
}ts 1395, (r98I) Corrcernlng Severance Tax Credits for Impact
Ass lstance, C.olorado.
Industrrial Development Infonnatlon and Siting Act, L975, As Anended
L977, Irloming.
Industflal Derzelopnent Information and SiEing Rr:les and Regrlations'
L977 , llyornlng.
Srtde to the Preparation of Permlt Applicattons for lndusCrial
Facllltles, Decaber, L977, I'Iycrnlng,.
Garfield Country Zoning ResoluElcrn of L978, MopEed January i, L979.
Draft ElS, Smoliy Canyon Phosphate Mine, Caribou Councy, Idaho,
Septernber, 1981.
Critical- Area Progr€trns, The InsitruEe of Rational Design, July, L977'
Denver Iaw Journal, Vol. 51, l*c. 4, L974 - L974 l-and Use l,egislation
ln Colorado, John R. Bermlngharn.
Energy FaciliLy Siting Rules, South DakoEa Rrblic UEilicies Cornmission,
1980.
&rergy Conversion and Transrnission Facility Siting., SiCing Act; Rules
a"J-ftgUfatlons; Gridelines, Ncrth Dakoca P.rbIic Service Ccrnnission,
JuIy, L979.
Colorado Iand Use law: Regional and local. I'lichael D. I'Jhite'
Title 25, O:rapter 20 }aajor Facility Siting,, I4cntana.
Ihe Flseal Impact ilandbook and Praccicioner's G.ride co Fiscal ImpacE
a""fytit,-noblrC W. Burchell, David Listokin, The Center for Urban
pollly Research, I97B (Case Law Relating co CosC Revenue included in
Appendlx).
O GARFIELD COUNTY C
PLANNING DEPARTMENT
GLENWOOO SPRINGS, COLtrRADO Al 5Ol
PHONE 945-AztZ2O14 BLAKE AVENUE
uEIloRA{pqI-1
TO: Earl G. Rhodes
FR0I'1: Dennis A. Stranger
DATE: FebrtatY 22, 1982
RE: Socio-Economic Impact Mitigation Program
Attached is a draft of the socio-economic lmpact mitigation
program. Essentially, this is the same program that you out-
lined in your first draft with some wording changes' I also
rewrote the first part to reflect some current growth manage-
ment-type philosophy. Lee Merkel 1s reviewing this draft
which incorporates some of this ideas and we will meet with
you on March 5, 1982 to prepare the preliminarY draft for
publlc distribution.
GARFIELD COUNTY MAJOR PROJECT SOCIO-ECONOMIC IMPACT MITIGATION PROGRAM
I.PROGRAM PURPOSE
The Garfjeld County Board of Conrmissioners are charqed with the respons'ib'il ity
of providing a rational basis for the future qrorvth of the County and ensuring the
appropriate and effic'ient expenditures of publjc funds by the coordination of economic
development activjties with land use policjes. The timely and economjcal orovjsion
of public services to all Garfield County residents can be severely impacted bv large
scale development projects that present an immediate demand for pubfic services and
yet do not genenerate significant public revenues until fully developed and operational.
The first puroose of the Major Project Socjo-Economjc Impact Mitigatjon Prooram
js to assess the Socio-economic irnpact of rnaior development projects'in Garfield
County. The second objective js to resolve the problem created during the'interjm
betleen the start of construction of Major Projects and the greneration of adequate
fiscal capabilities of Garfie'ld County and the governmental entities within the countv
to deal with the county population growth associated wjth the Maior Proiect-
It is the position of the Garfield County Board of Commissioners that applicants
for land use permits for Major Projects must bear the costs of any additional govern-
mental services which are necessitated by their activjties in Garfie'ld County. Unless
measures are taken to mitigate the adverse soc'io-economic impacts that may be associated
with such projects, unacceptable deterioration in the quality of ljf will result for
present and future residents of Garfield County.
The goal of the Major Project Socio-Economic Impact Mitigation Proqram is to
ensure the timely availability of adequate housing, commun'ity facilities and all public
services during a1l construction and operation phases of a Maior Proiect.
II. PROJECT COMPLIANCE REQUIREMENT
All applicants seekjng land use permits from Garfield
shall comply with al1 requirements of the Garfield County
County for Major Projects
Major Project Socio-Economic
Impact Mi t'igation Program as a condi t'ion of the j ss uance he land
the project. Failure to comply wjth said program will result in the
the land use permit. A Major Project shall be defined as follows:
An industrjal, commercial, general business or residential proiect
whjch will generate, during construction and/or operation, a total
proiect emp)oyment force of 200 or more workers.
III. LAND USE REQUIREMENTS
ooft
for Garifeld County land use perm'its,
prepare and submit the following:
b. A program for socio-economic impact mitiqation
The socjo-economic impact analysis, which shall be presented as part of the
application for a land use permit, shall consist of the following elements:
a. Annual employment projections for the life of the proiect by year
until such time as the work force has stahilized after operation.
These projections shall include both temporary construction employ-
ment, and permanent operations emploliment, vrhjch numbers shall be
separately identi fi ed.
h,. Total induced population for the life of the project by year until
the work force has stab'ilized after operation. This figure should
include the total permanent work force of the project, the total
number of construct'ion employees for the project, all qeneral and
subcontractors, the total secondary industrial and service employ-
ment populatjon induced by the project, and the total associated
family member population. The total projected population shall be
provided by year, and an estimate made as to the probable place of
res i dence.
P,r"o jected pub 1 i c cos ts requi red for the tota I i nduced popul ati on
shall be set forth. This estimate shall include the cost of all
governmental facilities, and services and operatjonal costs re-
quired for the total induced popu'lation, which costs shall include
but not limited to the following: sewer and water facilities,
school classroom and administrative space, libraries, County ad-
ministrative space, parks and recreation, hospital and medical
services, mental health and social servjces, solid ulaster management,
public safety and fire protection, pubf ic detentjon facilities,
additional streets and roads.
All projected tax revenues as a result of the project: ad valorem'
severance, sa1es, use as well as other taxing revenues to be ac-
crued by the affected governmental entities. These revenue projections
should be estjmated by year for the period of time beginning with
construction of the facility and ocntinuing until the project is
opera ti onal
use permit for
suspension of
In addition to any other requirements
applicants for Major Projects permits shall
a. A socio-economic impact analysis
d.
Annual projections of each local government's fjscal balance
for the l'ife of the project. 1) The impact analysjs shall.
compare the expend'itures proiected pursuant to paragraph (c)
above and revenues projected pursuant to paragraph (d) above
for direct populatjon growth from the development. The re-
sults of the comparison should be compiled and presented
for each impacted local government entity. 2) The comparison
shall be accompanied by an analysis that discusses the alter-
native approached and resources abailable to mit'igate any
revenue short falls identified to provide facilities and
services to serve direct population growth from the development.
An analys is of the hous'ing supply of the total 'induced pop-
ulation.
IV.iMPACT MITIGATiON PROGRAM
A. As a condition of the issuance of the land use permit to the applicant, the
applicant shall be required to meet the following standards for an impact
mi ti gation program.
1. The applicant shall demonstrate availability of-housing for not
less lhan B0 percent of the work force at the tjme of demand.
As to the permanent work force, the housing must meet the re-
quirements of the Garfield County Subdivjsion Regulations or
other appropriate governmental entity.
2. The applicant shall provide financial assistance to provide for
the adbit'ional operaling costs of affected governmental entities
which are caused by the 'impacts of the project.
3. The applicant shall provide financial assistance for the capital
costs'of construction of new public facilities requ'ired for the
'induced population caused by the project.
B. Demonstration of lvlitigation Activities
1. It shall be the burden of the applicant to demonstrate to the
satisfaction of the Board that is has met its obliqation under
the above mjtigation program by means of the followinq:
a. Demonstrate that it will provide additjonal servjces necessary
to m'iti gate impact or pay sums to af fected publ.ic ent'ities
in an amount sufficient to mitigate impact, and construct
or finance public facilit'ies necessary to mitigate add'itional
public service demands created by the project; or
b. Make payment to the County sufficient to provide for the de-
ficiency in public revenues caused by the presenc_e of the
jnduced- popuiation in the County, whjch results from the ap-
plicant's project, as compared to local government tax
revenues from the exjsting populat'ion.
e.
f.
C
To the extent that the proiect involves phases of construction
over t'ime, the impact mitigation program shall also be phased
so that the t'iminq of the payment by the applicant for m'itigat'ion
'impact shalI correspond to the phase of construction activjty.
For each project both an operational subsidy figure and capita'l
construction subsidy figure shall be determined. The operationa'l
subsidy figure sha11 be calculated by dividing the annual op-
erational cost attrjbuted to the project by the number of con-
structjon emp'loyees required by the proiect. Thjs figure shall be
determined for each year of the construction phase of the proiect.
In regards to capital construction costs, this figure sha1l be
dr'vided by the number of permanent employees on the project.
Thjs sum shall be calculated for each year of the proiect. The
above calculations shall be nnde to determine the appropriate
cost to charge the appljcant for mitigation of impact.
V.MON I TORI NG
As a cond'ition of the land use permit, the proiect appljcant shall be required to
develop and implement an ongoing monitoring system which wr'll allow the Board to
determine whether the representations as to impact are correct. To the extent that
there is a substantial change jn what was represented at the time the permit was
granted from what in fact occurred, said change shall trigger a reconsideration by the
Board of the appropriate amount of impact mitigation to be prov'ided by the prciiect
app'licant.
VI. COMPLIANCE
The above mitigation program shall be a conditjon of the issuance of the land use
permit for the project. Failure to comply with sajd condition may result in the sus-
pension of the permit.
Upon being advised of an alleged violation of any condition of any permit issued
by or on behalf of the Board, the Board rrny establish a time for consjderation of the
alleged violation, upon not less than ten (10) days notjce to the party engaginq in
activity under such permit, at which hearing the Board may consider whether a violation
of the cond'itions of the permit has occurred. If the Board determjnes that a violation
has occurred, the Board may suspend the permit unitl such violation can be corrected
or until measures can be taken to prevent a reoccurance of the violation' or , if
the violation is determined to be continuing or ljkely to reoccur and to endanger the
2.
3.
r-\\. _/
nL/
'oo
safety or welfare of the residents or proper^ty of residents within the County, the
Board may terminate the subject permit.
7-2 oe fL,
JUltHSr-l€€,2- @##
s. 08
5. 08. 01
FISCAL II"IPACT MITIGATI0N PROGRAI',I
STATE},IENT OF PURPOSE
fursuant to sections 30-28-101, et see.,
et seq., C.R.S. 1973, as amended, the Board of
of Garfield County is granted the authority to
future growth of the county. As part of this
and 29-20-101,
Commi ssioners
plan for the
it must provide for an appropriate and efficient expenditure
of public funds by the control of economic development
activities through land use policies. The timely and
economical provision of public services to all Garfield County
residents can be severly impacted by large scale development
projects that present an inrrnediate demand for public services
and 1'et do not generate adequate public revenues until fully
developed and operational.
The first goal of the Fiscal Impact Mitigation Program is
to provide for the timely availability of adequate housing,
comnunity facilities and public services during 9F
construction and operation phases of a I'lajor Project. The
second goal is to overcome any projected fiscal deficit of
goverrunent entities which occurs during the interim period
between the start of construction of lr,lajor Projects and the
generation of adequate fiscal capabilities of government
entities within the county to deal with the population growth
associated with a l"lajor Project. The program shall be limited
in time to that period between the start of construction and
the date on which the major project is assessed at 90t of its
anticipated fuII assessment value or at such time as the
additional tax revenues from the major project are equal to or
greater than the cost of the mitigation program provided for
herein.
It is the position of the Ga*fic*dft? Board of-
Bnrri-:ssioners that applicants for land use permits for Major
Projects must bear the costs of any additional governmental
expenses which are necessitated by their activities in
Carfield County. Unless measures are taken to mitigate the
adverse fiscal impacts that may be associated with such
projects, unacceptable deterioration in the quality of life
will result for present and future residents of Garfield
County.
.o
JInqHSr{-9€i ffft.d+E€-#{-
5.08.02 Definitions
5.08.02.01 Board: The Board of county commissioners of
Garfield County, State of Colorado, which acts pursuant to
Article XIV, Section 6, of the Colorado Constitution.
5.08.02.02 Fmployee: A natural person , whose work is subject to
the control and direction of another. For the purposes of
this section, employee shall include alI employees of the
applicant, and all employees of corporations under contract
with the applicant, who spend at least 50? of their time on
the Major Project and reside in the impact area.
5.08.02.03 Fiscal Impact Analysis: A projection of the direct
public costs and revenues associated with the provision of
residential or nonresidential services by the government
entities in the impact area.
5.08.02-04 Government Entity: An organization authorized to levy ad
valorem taxes in the State of Colorado.
.o
1
5.08.02.05
5.08. A2.06
5.08.02.07
s.08.02.08
./
4
Impact Area: That geographical area enclosed by the
combined boundaries of those goverrunent entities whose
projected services and facilitiesr costs would be increased by
15t or more by a Major woi".{)t/
Land Use Permit: A land use permit for purposes of this
subsection 5.08 shalI refer to special and conditional use
permits as otherwise defined in this Resolution.
Local C,overnment Tax Revenues: Revenues received by
government entities from ad valorem, sa1es, use, and severance
taxes.
Major Project: A project which will employ at any one
time a total employment force of 200 or more workers who will
reside in the impact area.
5.08.02.09
^ t/Planning Director: Person designated by Board to direct,l'
h
/ Carfield County Planning Department.
./
"/
({
s.08. 02.\0
s.08. 42.17
5
Reside: To live, dwell, stay, or lodge in a place for an
extended period of time. As distinguished from domicile, the
term rtresidett includes temporary presence in a pIace, and is
not limited to permanent presence.
Total Fmployment Force: The total number of employees on
the I'tajor Project at any one time.
.O
.JIt .r=l^gg2 EEEEEE=lrl- 6
5.08.03 Project Compliance Requirement
All applicants seeking land use permits for Major
Projects from Garfield County shal1 comply with all
requirements of the Garfield county Fiscal Impact Mitigation
Program.
In addition to any other reglirements of this resolution,
applicants for l/ajor Project permits shal1 prepare and submit
the following to the Planning Director:
1. A pre-application notice
2. A staternent of intent to apply
3. Review fee
4. A fiscal impact analysis
5. A progran for fiscal impact mitigation
7JIIIEB"'S? PwI€:-gl
5.08.04 Pre-application Administrative Procedures
1. PR.E-APPLICATION NOTICE
A pre-application notice for a permit shall be filed with
the Planning Director and shall contain the applicantrs
proposal including the following information:
A) The name and address of the applicant, and, if the
applicant is a partnership, association or
corporation, the names and addressed of all managers,
partnerss, and executives directly responsible for
operations in Garfield County;
B) Specific description of the nature and location of the
Major Project;
C) Estimated time of commencement of construction,
construction time, and overall development schedule;
D) Estimated number of employees of the applicant, and
contractors and subcontractors of the applicant,
during the construction phases, and during the
operating life of the lr4ajor Project. Estimates shall
include the number of employees who do not currently
reside within the area to be affected by the Major
Project;
E) Identify the governmental jurisdictions and other
taxing authorities within the area of impact;
F) Future additions and modifications to the Major
Project which the applicant may request to be approved
in the permit application;
G) A list of any relevant studies which may have been or
are intended to be made of the environmental d *#
&
/
t Joci€-economic impact of the I'{ajor Froject;
H) The general approach proposed to identify and address
the potential social and economic impacts of the
construction and operation of the lr{ajor Project.
2. PRE-APPLICATION R.EFERRAI A},ID zuBLIC NOTICE
Not more than 50 days following receipt of a
pre-application notice for a permit, the Planning Director
shal1:
o
a-fred-
8
a^^*A:
rnment end+rrirtr
-ffifre#+
A) Notify the governing bodies of ove
aut}roiti+s which will be within the area of concern and
affected by the proposed l'{ajor Project i
B) fublish a summary of the pre-application notice in a
newspaper of general circulation within the county;
c) File copies of the pre-application notice with the county
clerk and recorder.
3. PRE-APPLICATION HEARING
The Board ee-Counfyfonn:s,*ieners shal1 conduct a public
informationar hearing in the county no later than 90 days after
receipt of the pre-application notice. Any person may participate
in the hearing, to the extent deemed reasonable and relevant by
the Board. such hearing shall be conducted in order to accomplish
the following purposes:
A) To provide information about the proposed facility and its
potential area of impact;
B) To obtain the comments of the public and concerned
governmental agencies regarding the potential fiscal
impact of the proposed lr{ajor Project upon the goverrunent
entities in the impact area.
C) To determine the amount of a fee to be charged to the
applicant to reimburse the Board and other government
entities for costs incurred in reviewing the
appl icat ion.
D) As deemed appropriate by the Board, to allocate to
affected government entities the above fee.
E) To determine the nature and extent of exemptions from any
provisions of this program that may be granted to the
applicant.
4. PRT.APPLICATION REPORT
As soon as practical, but in any case within 60 days after the
conclusion of the pre-application hearing required by this
section, the Board shaIl prepare and make public a report on the
pre-application notice and hearing. The report shal1 include:
9--I,tffitg€.z -dRrtffi
A) A summary of public and agency
B) The applicantrs proposed scope
impact analysis;
C) A grant of exemptions, if any,
program.
comments;
and schedule for the fiscal
from any provisions of this
10,@,
05" 08. 05
T) FISCAL IMPACT ANATYSIS
After the issuance of the pre-application report the
applicant for a Ir,lajor project shal1 prepare a Fiscal Impact
Analysis to be submitted in conjunction with all other
apprication material as may be required by this resolution for
a land use permit.
2) STATEI\,frNT OF INTENT TO APPLY
The applicant for a Major project shal1 file a statement of
Intent to apply for land use permits outlining the substance of
the requested permits, the scope of
analysis and the timetable for the
3) SCOPE OF ACTIVITIES
Before tr(Board shall estabhish,
study of the fiscal impact
fiscal impact study schedule.
commences the fiscal impact analysis, the
consultation with the applicant: (l)
the scope of the fiscal impact analysis, based on the factors
listed below; (2) the schedule for the study upon which the fiscal
impact analysis will be based, and; (S) a schedule for periodic
reports to the Board concerning the study. Thereafter, periodic
reports sha1l be made to the Board on the proposed facility and
its fiscal impacts on the government entities in the impact area.
The Board may determine the following subjects as necessary for
inclusion in the study:
1. The location and purpose of the l,,lajor project;
2. Estimated construction time schedule;
3. Nunber of employees for constmction and operating work
force;
4' Tax base including the potential short and long range
demands on any tax revenues generated by the facility for
the extension or expansion of public services within the
county and 1ocal governmentsl
Consistency with local land use plans;
Total induced population of the project.
5.
6.
*hrHHg8'
11
EftFTDEF+{-
7. social and economic effects of construction and operation
of the lvlajor Project within the impact area on existing
capabilities, capacities, and future requirements,
including but not limited to the following:
a. Economic base;
b. tbusing;
c. Transportation
d. Sewer and water facilities;
e. Solid waste facilities;
f. fub1ic safety and fire protection facilities;
g. Iducational facilities ;
h. Fbalth services and hospital facilities lk-J
i. Rate, distribution, and demographic characteristics of
the population growth.
a.
b.
;4'-4^48. Defined are6 of-Igurern:
A list of all affected government entities in the
impact area I
The reasons for inclusion or exclusion of areas
affected socially or economically by the proposed
l,lajor Project and the method of delineating the area
of concern.
9. Status of permits and approvals required by other
governmental agencies ;
10. Proposed mitigation plan, including:
a. Measures designed to ensure adeqrate temporary and
permanent housing for the employees of the Major
Project, and any proposed actions on the part of both
the applicant and the private sector which may be
necessary to mitigate the housing impact of the l,{ajor
Project;
b.
o1'k'/'"/Impact mitigation measure s forlgovernrnent entities,
including actions on the part of the applicant, l€€a+
iurisd:s+iops,
-€Sr€eeeqts ; Bo.tlre.I-t-4 '--
f in^nc'i'rl arrangemenfs the applicant may propose-te
impfqment to assure that capital facilities and
operating Otkr"r{ ed as a
result of construction or operation of the proposed
11.
4)
Ivlajor Project;
c. Unavoidable adverse impacts should be summarized.
Any other factors the Board may deem appropriate for
inclusion in the study.
FILING FEE
_-IhqBoard will provide the applicant with an estimate
^,of thernitial fg)e required to cover the cost of investigating,
reviewing, processing, and serving notice of the application.
Payment of the initial fee can accompany the statement of
Intent to Apply or may be submitted later as might be required
by the Board. The Board wi1l enter into a written agreement
with the applicant specifying how the costs shall be assessed
against the initial fee.
5) ANVISORY COMMITTEES
The Board ef+,uat)=Cerqnj-ssj€rxlrs may appoint one or
more committees to assist it in carrying out its duties under
this program. Comnittees appointed to evaluate land use
permits may be composed of representatives of government
entities in the impact area who may enter into an
intergovernmental agreement for purposes of combining
requirements and hearing processes to the degree possible and
practical. the committees may be reimbursed, within the
limits of the initial fee, for any necessary expenses in the
reasonable conduct of the evaluations. The Board shall
approve expenses before they are incurred.
13,o Iffiq-,-
6) SI.,PPLEMENTAL APPLICATION RTQUIREII{ENTS
Upon completion of the fiscal impact analysis, the
applicant may file an application for a land use permit for
any or all facilities identified as part of the lvlajor Project.
/ ))Xt*I rrAr REQUIR*'IEN''
I r A. The applicant sha1I file ( ) copies of thet
application with the Board.
B. Maps, charts or other documents which are bound in the
application shall be cut or folded to 8 l/Z inch by 11
inch size. Maps, drawings, or charts may accompany an
application as separate exhibits.
C. The application shal1 be verified by the applicant and
signed by a managing partner, the proprietor, or a
responsible executive officer.
D. As part of the application, the applicant sha1I submit
an objective summary of the entire application, not to
exceed 30 pages in length.
E. Whenever this program requires information concerning
the Major Project to be submitted to the Board and the
applicant is required to submit the same or similar
information to another governmental agency having
jurisdiction, the applicant may submit such
information to the Board in the same format that such
information is or will be submitted to such other
agency or jurisdiction.
F.74The application sha11 contain the following
information with respect to both the construction
period and on-line life of the proposed facility:
1. The application shal1 state the name, title,
telephone number and post office address of the
person to whom communication in regards to the
application shal1 be made.
2.Copies of the studies undertaken as agreed upon
with the Board in the
including the social,
impact evaluations.
economic and mitigation
"I4er+-,1€T2
5.0B.06
o
ffiFFffir 15
2)
Review of Fiscal Impact Analysis
1) Upon receipt of a completed fiscal impact analysis for a
Major Project, the Board shal1:
a. Transmit, within 15 days, a copy of the FIA to aII
identified affected governmental entities within the
impact area surrounding the site;
b. fublish notice of receipt of the FIA one time in a
newspaper of general circulation, and utilize any
other means of notifying the public that the Board
deems necessary.
c. l.{ake copies of the FIA available for inspection by
members of the public.
Within 30 days of receiving the FIA, all notified local
governments shaIl report to the Board concerning:
a. The adequacy of the FIA or any additional information
needed upon which to base a decision, or both
b. Any variance or incongruity with local government
po1 icy.
Within 30 days after the date for receipt of comment from
local agencies, the Board sha1l issue a report concerning
the adequacy of the FIA, including whether sufficient
information exists in the application upon which to base a
decision.
Itlithin 60 days after the conclusion of the public hearings,
on the land use permit, the Board shall make findings upon
all issues raised during the review and hearing process and
render its decision, either granting or denying a land use
permit based upon the application as filed or granting it
upon such terms, conditions, or modifications as the Board
may deem appropriate.
3)
(
t
4)
9I,48#2
5.08.07
16
Impact Mitigation Program
1) The applicant shall be required to meet the following
minimun standards for an impact mitigation program:
a. The applicant shalI present a plan demonstrating the
availability of housing for the employees of the lvlajor
Project. The Major Project applicant sha11 guarantee
such housing by owning or contracting for the housing,
or by demonstrating that it will be provided by some
other mechanism. The housing must meet the
requirements of all Garfield County regulations or
those of the appropriate governmental entity.
b. The applicant shall provide financial assistance to
provide for the additional operating costs to affected
governnlental entities which are caused by the impacts
of the lvlajor Project for the duration of the Impact
Mitigation Program.
c. The applicant shal1 provide financial assistance for
the capital costs of construction of public facilities
necessary for affected governmental entities to
provide services attributable to the impacts of the
e. When approved
Program sha11 be a
permits issued for
by the Board, the Impact Mitigation
condition attached to the land use
the l,lajor hoject.
2) DET,IONSTMTION OF MITIGATION ACTIVITIES
a. It shal1 be the burden of the applicant to demonstrate
to the satisfaction of the Board that the applicant
has met its obligations under the above mitigation
program by means of the following:
o
t. Demonstrate that it will provide additional
services necessary to mitigate impact or pay sums
to affected public entities in an amount
sufficient to mitigate impact, and construct or
finance public facilities necessary to mitigate
additional public service demands created by the
project; or
2. Make payment to each affected governmental entity
sufficient to provide for the deficiencies in
local tou"'*"f49rues caused bY the
presence of the/induced population, which results
from the Major project.
3. To the extent that the project involves phases of
construction over time, the impact mitigation
program may also be phased so that the timing of
payment by the applicant and other elements of
the program for mitigation impact shall
correspond to the phases of construction
activity. If such payment is phased and a
goverunental entityrs cost increases due to
inflation, the payments sha1l be increased by a
proportional amount.
3) MONITORING
As a condition of the land use permit, the project
applicant shal1 be required to develop and implement an
ongoing monitoring system which will arlow the Board to
determine whether the representations as to impact are
Av?4-qrtu
corecr. upon a 10t variance in total employment force
from what was projected at the time of permit issuance, the
Board shall reconsider the appropriate amount of impact
mitigation to be provided by the project applicant. After
such reconsideration ,':?f,ount of
impact mitigation he change in fiscal
impact resulting from the difference between projected and
actual total employment force.
I7
W
s.08.?s{^pf
1B@
Enforcement
The above mitigation program as outlined in Section
5.08.08 shall be a condition of the issuance of the land use
permit for the project. Failure to comply with said condition
may result in the suspension of the permit.
Upon being advised of an alleged violation of any
condition of any permit issued by or on behalf of the Board,
the Board may establish a time for consideration of the
alleged violation, upon not less than ten (f0) days notice to
the party engaging in activity under such permit, at which
hearing the Board may consider whether a yiolation of the
conditions of the permit has occurred. If the Board
determines that a violation has occurred, the Board may
suspend the permit until such violation can be corrected or
until measures can be taken to prevent a recurrence of the
violation, or if the violation is determined to be continuing
or likely to recur and to endanger the safety or welfare of
the residents or property of residents with the cowrty, the
Board may terminate the subject permit.
2S- /
2 -LL- 8z
GARFIELD COUNTY MAJOR PRC)JECT SOCIO-ECONOMIC IMPACT MITIGATION PROGRAM
I. PROGRAM PURPOSE
The Garfield County Board of Conrmissioners are charged with the responsibility
of providinq a rational basis for the future qrowth of the County and ensuring the
appropriate and efficient expend'itures of pubfic funds by the coordination of economic
development activities with land use policies. The timely and economical nrovision
of public serv'ices to all Garfield County resjdents can be severely imfracted b.y large
scale development projects that present an immediate demand for public serv'ices and
yet do not genenerate siqn'ificant public revenues until full-y developed and operational.
The first puroose of the Major Project Socio-Economic Impact M'itiqation Prooram
is to assess the socio-economic inrpact of major development proiects in Garfield
County. The second objective is to resolve the problem created during the interim
between the start of construction of Major Projects and the oeneration of adequate
fiscal capabilities of Garfi'e1d County and the governmental entities within the count-v
to deal with the county population growth associated with the Maior Project.
It is the position of the Garfield County Board of Commissioners that applicants
for land use permits for Major Projects must hear the costs of any additional qovern-
mental services which are necessitated by their activities in Garfield Count.y. Unless
measures are taken to mitigate the adverse soc'io-economic impacts that may be associated
with such projects, unacceptable deterioration in the quality of lif wjll result for
present and future residents of Garfield County.
The goal of the Major Project Socio-Economic Impact Mitigrat'ion Proqram is to
ensure the timely availability of adequate housing, community facilitjes and al1 public
services during all construction and operation phases of a Major Project.
PROJECT COMPLIANCE REQUIREMENT
All app'licants seeking land use perrnits from Garfjeld County for Major Projects
shall comply with al1 requirements of the Garfield County Major Project Socio-Econom'ic
II.
oo
Impact Mitigation Program as a condition of the issuance of the land use perm'it for
the project. Failure to comply with said nrogram will result in the suspension of
the land use permit. A Major Proiect shall be defined as follows:
An industrial, commercial, general business or residential proiect
which will generate, during construction and/or operatjon, a total
proiect employment force of 200 or more workers.
III. LAND USE REQUIREMENTS
In addition to any other requirements for Garifeld County land use permits,
applicants for Major Projects permits shal'l prepare and submit the following:
a. A socio-economic impact analysis
b. A program for socio-economic impact mitiqation
The socio-economic'impact analysis, which shall be presented as part of the
appfication for a land use permit, shall consist of the following elements:
a. Annual employment projections for the life of the proiect by.year
unt'il such time as the work force has stabilized after operation.
These projections shall include both temporary construction employ-
ment, and permanent operations emploSiment, urhich numbers shall be
separately identi fi ed.
b. Total jnduced popu'lation for the life of the proiect by year until
the work force has stabiljzed after operation. This figure should
include the total permanent work force of the proiect, the total
number of construction employees for the project, all oeneral and
subcontractors, the total secondary industrial and serv'ice employ-
ment population induced by the project, and the total associated
family member population. The total proiected population shall be
provided by year, and an estimate made as to the probable place of
res i dence.
c. Projected public costs required for the total induced population
shall be set forth. This estimate shall include the cost of all
governmental facil'ities, and services and operational costs re-
(uired for the total induced population, which costs shall jnclude
but not limited to the fo]lowing: sewer and water facilitjes,
school classroom and adminjstrat'ive space, librapies, County ad-
m'inistratiVe Space, parks and recreation, hospi ta1 and med'ical
services, mental health and social serv'ices, solid waster manaqement'
public safety and fire protect'ion, public detention facil'ities'
additional streets and roads.
d. All projected tax revenues as a result of the project: ad valorem,
severance, sales, use as well as other tax'ing revenues to be ac-
crued by the affected qovernmental entjtjes. These revenue proiections
should be estjmated by year for the period of time beqinning with
construction of the facility and ocntinuing untjl the proiect is
operational.
IV.
e. Annual projections of each local government's fiscal balance
for the l'ife of the project. 1) The irnpact analysis shal l.
compare the expend'itures proiected pursuant to paragraph (c)
above and revenues projected pursuant to paragraoh (d) above
for direct population qrowth from the development. The re-
sults of the comparison should be rcompiled and presented
for each impacted local government entity. 2) The comoarison
shall be accompanied by an analys'is that djscusses the alter-
nat'ive approached and resources abailable to mitigate any
revenue short fal ls identi fied to provide facil'ities and
services to serve direct populat'ion growth from the development.
f. An ana'lysis of the housing supply of the total induced pop-
ulation.
IMPACT MITIGATION PROGRAM
A. As a condition of the issuance of the land use permit to the applicant, the
applicant shall be required to meet the following standards for an impact
mi ti gation program.
1. The applicant shall demonstrate availability of housing for not
less than 80 percent of the work force at the time of demand.
As to the permanent work force, the housing must meet the re-
quirements of the Garfield County Subdiv'ision Regulations or
other appropriate governmental entity.
2. The applicant shall prov'ide financial assistance to provide for
the additional operating costs of affected governmental entities
which are caused by the impacts of the proiect.
3. The app'licant shal I provide fi nancial assistance for the cap'ital
costs of construction of new public facilit'ies requ'ired for the
induced population caused by the proiect.
B. Demonstration of tvli tigation Activiti es
1. It shall be the burden of the apolicant to demonstrate to the
satisfaction of the Board that is has met its obligation under
the above mitigation program by means of the followinq:
a. Demonstrate that it will provide add'itional services necessary
to mitigate 'impact or pay sums to affected pubf ic ent'ities
i n an anpunt suff ic'ient to m'iti qate impact, and construct
or fi nance publ ic faci I i ti es necessary to miti gate addi t'ional
public service demands created by the projectl or
b. Make payment to the County sufficient to prov'ide for the de-
ficiency .in public revenues caused by the presence of the
induced populat'ion in the County, which results from the ap-
pficant's project, as compared to local government tax
revenues from the existing population.
2. To the extent that the project involves phases of construction
over time, the impact mitigation program shall also be phased
so that the timinq of the pa.yment by the applicant for mitigation
impact shall correspond to the phase of construction actjvity.
3. For each project both an operational subsidy figure and capital
construction subs'idy figure shall be determined. The operational
subsidy figure shall be calculated by div'iding the annual op-
erational cost attributed to the project by the number of con-
struction employees required by the oroject. This fiqure shall be
determined for each year of the construction phase of the project.
In regards to capital construction costs, this figure sha11 be
fl Yl
o:l,o{,iii l:',::i.; l.?:r?ffi ':. :il'}g:'3,'in ln E "3i31?i
"n.
above calculations shall be made to determine the appropriate
cost to charge the appficant for mitigation of impact.
V. MONITORI NG
As a condition of the land use permit, the project aoplicant shall be required to
develop and implement an ongoing monitoring system which will allow the Board to
determine whether the representations as to impact are correct. To the extent that
there is a substantial change in what was represented at the time the permit was
granted from what in fact occurred, said change shall trigger a reconsideratjon by the
Board of the appropriate amount of impact mitigation to be provided by the proiect
appl icant.
VI. COMPLIANCE
The above mitigation program shall be a condition of the'issuance of the land use
permit for the project. Failure to comply with sa'id cond'ition may result'in the sus-
pension of the permit.
Upon being advised of an alleged violation of any condition of any permft issued
by or on behalf of the Board, the Board may establish a time for cons'ideration of the
a1'leged violation, upon not less than ten (10) days not'ice to the party engagins in
activity under such permit, at which hearing the Board may consider whether a violation
of the conditjons of the permit has occurred. If the Board determines that a violation
has occurred, the Board may suspend the permit un'itl such violation can be corrected
or until measures can be taken to prevent a reoccurance of the violation, or , if
the violation'is determined to be continujnq or likely to reoccur and to endanger the
a
ts wi thin the County, thesafety or welfare of the residents or property of residen
Board may terminate the subject permit.
r {qLDRAFT
fi3HH.' ,.r, trrlO
I.
UNION OIL COMPANY
November L6, I9BI
PROPOSAL FOR GARF]ELD COUNTY ]MPACT MITIGATION ORDINANCE
Program Purpose
A. The purpose of this ordinance is to establish a coopera-
tive program between Garfield County and an energy or
mineral developer that will address potential front-end
financing problems associated with direct population
growth from large scale energy and mineral development
projects in Garfield County. The specific purpose of the
program is to establish financing mechanisms to ensure
that the flscal capacity of Garfield County and other
government entities impacted by development will be
adequate to provide necessary government services and
facilities to deal with the influx of people directly
associated with an energy or mineral project during the
construction period, before the realization of the
project's principal tax base in the county.
B. It is the posj-tion of the Board of County Commissioners
of Garfield County that an applicant for a special use
permit for a large scale energy or mineral development
project must bear the front-end costs of additional
governmental services and facilities necessitated solely
by their activities but which cannot be funded by the
DRAFT
PDN: tw
November
Page Two
tB, rgBro
II
current tax base in Garfield County. The County
Commissioners recognize that unless measures are taken
to mitigate the socioeconomic impacts that may be
associated with such a project, deterioration in the
quality of Iife may result for existing county resi-
dents, and a lower quality of life may result for those
who locate in the county. The overall goal of this
ordinance is to ensure the timely availability of
adequate housing and local public facilities and services
until tax revenues are available to meet community
development requirements with a minimum burden on
existing residents.
Permit Requirements
Each applicant seeking a special use permit from the Garfield
County Board of County Commissioners for an energy or mineral
development which will employ two and one half percent or
more of the total employment of the county (as measured by
the latest United States Department of Labor monthly estimate
of county employment) shaII be required to prepare and present
a socioeconomic impact analysis as a part of its applj-cation
for such permit.
Impact Analysis
The socioeconomic impact analysis, which shalI be presented as
part of the application for a special use permit, shall contain
the following information:
III.
t-
DRAFT
PDN: tw
November lB, 198
Page Three
o
I
A Annual e loyment proiections for the life of the
prorect. These projections shall separately identify
both the numbers of construction employees and the
number of operating employees. In addition, the applicant
shal-1 present projections of the number of persons who
have l-ived in the area at least six months to be employed,
and the number of new residents to be employed in both
temporary and permanent jobs.
Annual- population projections for the Iife of the
project. The total population growth induced by the
project should separately identify the direct population
growth associated with both the construction and operating
employees of the project and the second.ary service
emproyees. The projections should incrude information
as to the number of direct and indirect households, the
economic and demographic characteristics of the direct and
indirect households, residential location, commuting
habits, and place of prior residence.
Annual publj-c capital and operating costs to serve the
direct and induced population growth associated with
the project. Projections of expenditures to provide
public facilitj-es and services to serve projected popula-
tion growth should include the fult range of government
facilities and services, such as: water and sewer
facilities, school classrooms and administrati_ve space,
B.
DRAFT
PDN: tw
November 18, 198
Page Four
oI
D.
Iibraries, county adminstrative space, parks and recrea-
tion, hospital health and medical services, mental health
and other social services, solid waste, public safety and
fire protection, public detention facilities, streets and
roads, and other facj-lities and services provided by
Iocal public entities within the region effected by the
project. Projections shal1 include separate estimates of
the proportion of facility and service expenditures to
serve direct and indirect employees and their households.
Annual revenue projections for the Iife of the project.
Projections shall include both direct project revenues,
()including ad valorrlm taxes assessed against the facility
and j-ts products, sales and use taxes, state-shared
severance taxes, and state-shared federal mj-neral royalties.
In addition, projections shal-I include the complete range
of general purpose revenues received by each local govern-
ment entity in the region of impact from both direct and
indj-rect employees and their households.
Annual projectj-ons of each Iocal government's f iscal
balance for the life of the project. l. The impact
analysis shalI compare the expenditures projected pursuant
to paragraph (C) above and revenues projected pursuant to
paragraph (D) above for direct population growth from
the development. The:results of the comparison should be
compiled and presented for each impacted local government
entity.
' DRAFT
PDII: t\,r
November fB, I9B
Page Five
oI
2. The comparison shall be accompanied by an analysis
that discusses the alternative approaches and resources
available to mitigate any revenue short falls identified
to provide facilities and services to serve direct popula-
tj-on growth f rom the development.
F. An analvsis of the reqional housinq market and housing
requirements of project employees and associated households.
The housing analysj-s shall compare estimates of housing
availability to housing demand for direct population growth
from the development.
IV. Impact Mitiqation Proqram
As a condition for the issuance of a special use permit to an
applicant, the applicant, dt its option, shall:
A. Demonstrate to the satisfaction of the Board of County
Commissioners that it will provide or cause to be provided
additj-onal services necessary to mitigate impact, PaY sums
to effected public entities in an amount sufficient to
mitigate impacts, and construct, finance or cause to be
constructed or financed public facilities necessary to
mitigate additional public service demands created by
the project until the assessor determines that the development
is at least 90 percent complete, ot when work on the develop-
ment j-s indefinitely suspended and employment drops to
200 or fewer persons, whichever occurs first or
DRAI'T
ffiHili,.,,,,,,o
Page Six
B. Provide financial assistance to the county for the
front-end financing of capitar facilities and operating
expenditures. The county shalr distribute such sums
as are appropriate to other impacted local government
entities hased on the project's impact analysis and mon-
itoring program. The mitigation program shaII be in
accordance with the following requirements:
1. Financiar Assistance. a. For capitar i-mprovements,
the applicant shall be required to make annual payments
or cause to be avairable to the county funds sufficient
to amortize the revenue short fall associated. with the
construction, expansion or modification of any public
facilties required by direct popuration growth associated
with the project over the.project life, or 20 years,
whichever is ress. such payments shalr include amounts
sufficient to pay interest on the total cost of such
facil-ities i-n accordance with the
as published in The Bond Buyer.
index,
b. For operati-ng expenditures, the applicant sha1l be
required to make annual payments or cause to be avail-
able to the county funds equar to any revenue short farr
between operating expenditures and total- available
revenues for direct popuration growth for the deveropment
as determined pursuant to paragraph (E) of part III
above. Such payments shal1 not exceed the property
taxes l-evied for collection during the year by impacted
DRAFT
PDrr-: t\- ONovember IB, 19BI-
Page Seven
Iocal governments on a per capita basj-s.
2. phasinq. To the extent that the project involves
phases of construction over time, the impact mitigation
program shall also be phased so that the timing of
the applicant,s funding for the mitigation of impacts
shalI correspond to the phasing of construction
activity.
3. Credits. There shall be allowed as a credit agaj-nst
the payments imposed by this subsec+-ion (B) an amount
equal to the property taxes paid by the applicant
during the year in excess of the property taxes paid
for the year proceeding the initiation of construction.
4. Termination. Financi-al assistance shall terminate
on December 3I following the date when the assessor
determines that the energy or mineral development pro-
ject is at least 90 percent complete, oY when work on
the development is indefinitely suspended and employ-
ment drops to 2OO or fewer persons, whichever comes first.
C. The county, local governments, the applj-cant and the state,
as the case may be, shall enter into appropriate agreements
providing that applicant expenditures made pursuant to
this Part IV shalt be considered to be prepayments of pro-
perty taxes pursuant to article 1.5 of Lhe title 39 , Colorado
Revised Statutes L973, or eligible for the credit against
DRAFT
PDN: tw
November IB, 198
Paqe Eight
D
V.Monitoring Proqram
A. As a condition of the special use permit, the applicant
sha1l be required to develop and implement an ongoing
monitorlng system that will enable the Board of County
Commissioners to determine the accuracy of the applicant's
and the county's impact projections. The applicant shall
be responsible for the preparation of a quarterly report
to the county that compares actual temporary employment
and permanent employment, including the number of exi-sting
loca1 residents and new residents, with the projections.
The report shal1 also compare actual direct population
growth in the impacted area with the projections, including
place of residence, household size, and number of school
age children. The quarterly report shall be due within
30 days of the cl-ose of each calendar quarter.
If the quarterly report shows varj-ation of 25 percent in
direct development employment for two consecutive quarters,
the Board of County Commissioners shall hold a hearing to
determi-ne if the impact mitigation program should be
oI
severance taxes pursuant to section
Revised Statutes L973, to the extent
waived by the applicant.
The applicant shalI be
ability of housing for
total direct work force
39-29-I07 .5, Colorado
applicable, unless
required to demonstrate the avail-
not less than B0 percent of the
of the development.
B.
DRAFT
fi'ol"H"' ,-r, trri
Page Nine
revised. Any such
Fart IV above.
revision shalI be consistent with
VI. Compl-iance
A. The above mitigation program shall be a condition of the
issuance of the special use permit for the project-
Upon learning of an atleged violation of any condition of
the permit, the Board of County Commissioners shall direct
the County Impact Coordinator to investigate the alleged
viol-ation and prepare a report for the Commissioners. If
the Impact Coordinator's investigation indicates that a
violation is probable, the findings shalI be presented
at a hearing catJ-ed by the Board of County Commissioners
for this purpose, upon not less than 10 days written notice
to the permittee. The permittee shall have the right of
discovery in such proceedingS, and to present information
and respond to allegations.
If the County Commissioners determine that a violation
has occurred, the Board may suspend the permit until
such violation is corrected or until the violator takes
measures to prevent a recurrence.
B.
16?5
SOCIO_ECOI.JOT4IC IMPACII
I'II'IIGATTO}] PROGRAM
GARFITLD COI]IITY,COI.,ORADO
PREPAR]ID FOR
OIIil/RON SI{AL]i OIL COI{PANY
Broaciway, Suite 215o, Denver, CO 80202
PRRPA]i]]D FY
Justus K. Smith, Denver, Colorado
March 1982
Contract Number SH-0030
CONTENTS
II'TIRODUCTION
SUGGESTED ZONING AMENDIVIEI\M
PRE-APPLICATION NOTICE
PRE-APPLICATION HEARING
AD\ISORY COMIVIITIEES
SCOPE OF ACTIVITINS
II\,I1TE}trI TO APPLY AND FEE
SIUDY
APPLICATION
SUBI\trSSIOI{ REQUI REIVIEI{IS
SUEMITTAL
RB\rIE:W OF APPLICATION
APPLICATION I{EARING
I\trT]GATION IIEASURFS
ANNUAL MONITORING
APPENDIX
I
2
2
4
5
5
7
B
B
B
9
9
10
10
10
BIBLIOGRAPHY
Section 9.03 Penr.rit - Specia.l Use, Garfleld County Zonlng Resolutlon
of 1978
Intergovernmental CooPeratlon
Incal Government lancl Use Control Enabllng Act (l-lB 1034)
I}'IRODUCTIION
The enclosed nraterial is bahen Jlrom a varlety of sources listed 1n the
Appentlix. Ttre source materlal inr:lutlcs: sbatr: stt'Ltutes on lndustrial
siting; rules and regulabions; and gultlellnes for appllcation preparation'
Irlitigaiion measures were itr gtrlrleliner; indir:atirrg the sensitlvity of the
issue and that each applicant wils t,o l;r: consiclered inriependently of obhers'
colora<io statutes provide various operlings to the issue but are less
applleable to straight forwarrl accel tance of impact effects or mitigatlon
alleviation.
Ttrls proposal st{gests an approach to trlgger an impact sbudy throug[ an
amenrlment to the Garfield cotutty Zoning Regulations by addlng the need for
recognltlon of potential lmpaet for large scale lndustrial or conrnerciaL uses
requirlng a special or conditlonal use permit. Trlggering crlterla' 250 or
rrpre constructlon/operation employees are suggested from earller program
drafts.
After triggerlng the need fon impact analysls, the provisions of 'rHB 10311'
the Local Government Land Use Control Fnabllng Act of 1974, are relied upon to
Serve as the basls of regulating clevelopment anrl '?provldlng for phased develop-
ment of servlces anci facllitlesr' ""rron the basis of the impact on the
corrnunity or surrountling areasr'r'
-1-
o
SUGGESTFD ZONING AMEI{DMEXUI
Suggested amendment to the Garfleld
1979.
County Zonlng Resolution A<iopted January 2,
!.0/ supplementary Impact Mltigation Regulatlons: The approval of any
special or conditlonal use under the provisions ol ttris resolutlon resultlng
1n a plarureci lncrease in employmetrt of 25O persons or more, whether constructlon
or operating employees, may create adverse socio-economic impacts associated with
such facility and the necessity to rletermine the avaiLability of housing and
a<lequate flrnnclng for corrnunify faclllties artd services to meet the needs
of ihe conmwrity prion to receipt of long tenn tax rcvenues.
An application for such special or conrlitlonal use permit shal1 require,
in acldltlon to the requirements containeri hereltr ancl elsewhere in this
Resolution, preparation of a socio-ect>nomic iml acL mitigaiion prograln'
Applicatlons for flacllities estimaterl to employ ]ess than 250 persons and
rleterminerl by the Boarci of County Commissioners to be compatlbLe with other
Uses of the county'S resources ritust mect a1l other requirements 'eor granting
a special or condiLional use permit.
PRE-APPLICA'-I]IO{ I'ICIIICJI
An application for any special on con,ljLional rrst: (See Garfleld County
Zoning Resolgtion adoptcd,Iattuapy 2, \g79, as amenried) resulting in a planned
increase in emplo;7ment ofl 2!0 pr:rson..l or ilorrt ivhcther cotrstruction or operating
employt--es, m2y create a poprtl:rtion ittcrt:ase w.ithiri thc county (impact area)
requiring; the adciition:r] r,liSultlLlon of ttre locaLion of actlvities and develop-
ments to provl<ie for pirasecl tlevelopment of community servlces and facillties'
In ariclition to all other requirernents anci fees of the Garfleld Cotrnty
Zonlng Regulatlon an applicartt proposing such use or facillty must meet the
provision set forth in thls program prlor to being Sranted a speclal or
concllt1onal use permit by the board'
-2-
-A pre-applicati-on for a permit shall be f1led with the board, and shall
contaln the appllcants proposal includlng the followlng informatlon:
l. T5e name a:rd address of the appllcant, and, 1f the appllcant ls a
partnershlp, associatlon or corporatlon, the names and addresses of all
rrpnagers, partners and executlves dlrectly responslble for operatlons
1n Garfleld CountY;
Z. Speclflc descrlptlon of the nature and locatlon of the fac111ty;
3. Estlnp.ted time of corrrnencement of constmctlon, constructlon t1me,
ancl overall development schedule;
4. Estimated number of employees of the applleant, or contractor or
subcontractor of the appllcant, riurlng the constructlon phases, and
durlng the operatlng l1fe of the fac1l1ty. Estlmates shall lnclude
the nuunber of employees who do not currently reslde wlthln the area
to be affected bY the fac111tY;
5. Identlfy the jurisriictions ancl other taxlng authorltles wlthin the
area of lmpact;
6. F\.rture additlons anci mo<iiflcations to the facl1lty whlch the appllcant
rnay request bo be approved 1n the permlt appllcatlon;
T. A llst of a4y relevant studles whlch may have been or are lntented to
be n'ade of tire environmental lmpact of the facllity;
B. The general approach proposed fo ldentlfy and address the potentlal
social and economic impacts of the construction and operatlon of
ttre iac111ty;
Not less than 30 nor mot-e than 90 days fo1]owlng receipt of a pre-
applicatlon for a pennit, thc boarrl shall:
I. Notlfy the governing borlles of local Bovernment and taxlng authorltles
whlch are a€Sreed will be prlmarlly withln the area of concern and
affected by the proposed facllity;
-3-
Z. Cause a sumr6ry of tire applicaLion Lo be published in the county
local newspaper;
3. File a copy of the appllcatlon wlth the county clerk artd recorder
and the countY assessor.
PRE-APPLICATION HEARING
The board shall conduct a publlc lnforrnatlonal hearlng ln the county no
later than (90) days after recelpt of the pre-appllcatlon notlce. Any person
nray partlclpate 1n the trearlng, to the extent deemed reasonable and relevartt
by the boar6. ,Such hearing shall be cotrducteri in order to accompllsh the
followlng tr)urposes:
(a) To provitie information on the proposeci facility and 1ts potentlal
area of collcern;
(b) To obtain the views anrl corrunents of the public and concerned
governmental agencies wiLitin the area of concern on the potential
socio-economic impact of the proposed facillty on that part of
Llte county and other taxing authorlties wlthin the ldentifled
impact area;
(c) To determine, in cooperation with the governlng bodles of affected
units of local government, the basis for allocatlon of any fee
requlred ab the tirne the appllcant flles arr intent to appLy, to
faeilj.t atc a review of the scope of any applicablon which may be
subrnitted as a result of this prq-appllcation hearing;
(d) To determine tirc latrrre i:nd exbent of exemptions from any provlsions
of this protSrarn iltab rnay be granted to the appllcant'
As soon as practical, brrt in any case within 60 days after the conclusion
of the hearing; requlreci by this section, the boarri shal1 prepare and make pttbllc
a report on the pre-application nobice. The report shall inelude:
(a) A sumrnary of pr-rblic a.rrd agellcy commenLs;
-4-
(b) Ttre appllcantrs proposed scope and schedule ,lor the soclo-
economic study;
(c) A grant of exemptions, if any, from any provisions of thls
program.
ADVISORY COMMITITETS
'Ihe boarri may appoir-rt onu' or more comrnittees Lo assist it in carrying out
ibs duties undr:r tl-ris 1>r,ogram. Conrnibtr:es appointetl to ev.rluate special and
conditionaL use pr:rmiL.s shal1 be composetl of repnesentab-tves of local juris-
dictlons (taxlpg auttroriLies) wlthin the agreed upon area oll concern who may
enter lnto an intergovernmental agreemenL for purposes of combining requirements
anri hearinE processes 1,o thr-. rlcgrr:r: possible and practical. T'he comrnibtee
nray be reimbupsed, wlthin thtt limiLs of the initial fee, for any necessary
expenses, in tlte reasonaltle corxluct of their evaluation. .Such expenses shalL
be identifieci to the extent possible, ancl approveri by the board before they
are incurred.
SCOPE OF ACTWITIF]S
Before cormnencipg bhe study the board sha1l revi-ew, with the applicant,
a scope of work anri study schedule withln 30 days after the lnitlal decislon.
Ttrereafter a study antl perioclic reports shall conmence on the proposed faclllty
and lts soclal and economlc lmpacts on the county and the local governments
and taxing entities wlthin the agreed upon impacted area. The study shall
utllize the resources of Lhe county and local govemments relatlve to the
fo1Iow1ng factons ln so far as the prellmlnary decislon has speclfically
found such factors to be rq-.levanb and necessary. ftre following is a llst of
toplcs whic| the boar<l may designate as necessary for lnclusion 1n the scope
ol study:
1. The locablon and purpose of the facillty;
tr- )-
2.
2
4.
Estlmated constructlon tlme and schedule;
Nwnber**ffiofconstruct1onandoperatingworkforce;
Tax base lncludlng the potential short and long range dennnds on any
tax revenues generated by the faclllty for the extension or expanslon
of public servlces wlthln the county and local goverrunents;
Conslstency with loca1 land use plans;
Impact on populatlon already in the area and population attracted by
constructlon or operation of the facillty;
T. Soclal an6 economlc eftects of construction and operation of the fac111ty
wlthln the lmpact area on existing capablIltles and future requlrements:
a. Economlc base;
b. Houslng;
c. Transportatlon;
d. Sewer and water facl11t1es;
e. Sol1d waste facilltles;
f. Iaw enforcement and flre fac111t1es;
g. Educatlonal facllltles;
h. Health and hosPltal fac111tles;
1. Rate and dlstrlbutlon of populatlon growth.
8. Deflned area of concern:
&. Definltlon of the area of lmpact concern'
Jurlsdlctlons and taxlng authorltles;
b. The reasons for lncluslon or excluslon of
soclally or economlcally by the proposed
dellneatlng the area of concern-
wlth respect to po11tlca1
g. Status of permlts and approvals required by other Sovernmental agencles;
10. Identiflcatlon of mitigation measures:
a. Mltlgatlon measures to ensrrre temporary and permanent houslng for the
areas prlmarilY affected
faci11ty, and the method of
-6-
5.
6.
faclllty constructlon and operatlng pe
the part of both the appllcant and the
necessary;
Any proposed actlons
sector whlch maY be
b. Impact mltlgatlon measures for the pub11c sector lncludlng aetlons
on the part of the appllcant, local Jurlsdlctlons, or lntergovern-
mental agreements or jolnt ventures; or other firnncial arrangements
the appllcant may propose to lmplement to assure facllltles are
not slgnlflcantly lmpaired as a result of constructlon or operation
of the proposed flacllitY;
c. Unavoldable adverse lmpacts should be sunrnarlzed'
ITTIENT TO APPLY AND }EE
Ttre appllcant f1les an Intenb to Apply for a condlb.lonal,/speclal use permlt
and fee outlinlng thelr concepb of the scope of study and tlmetable for the study
schedule. The Intent to Apply must include all provlslons of the boardrs scope
of actlvitles and method and tlmefable both to inform the ldentlfled taxlng
authorltles w1th1n the lmpact area ancl method for recelvlng conrnents as the study
progresses.
FILING FEE
Ttre Board will provlde the applicant with an estimate of the inltlal fee
requlred to cover the cost of investlgating, revlewlng, processing, and servlng
notlce of the appllcatlon. Payrnent of the lnlt1a1 fee can accomparur the Intent
to Apply or may be submitted later as mlgfrt be requlred by the Board. The
Board w111 enter lnto a wrltten agreement wlth the appllcant whrlch agreement
w111 speclfy categorles of costs whlch sha11 be assessed agalnst the in1tlal
fee.
T5e revenues derlved from fl11ng fees shal1 be used by the board 1n
organlzlng a revlew cormnlttee composed of Jurlsdlctlons 1n the lmpact area and
revlewlng the lnforrnatlon requlred for renderlng a declslon on the speclal or
o
rsorurel.
prlvate
-7-
condltional use permli.
T5e applleant sha1l pay such fees as are reasonably necessary for
completion of the speclal or conditional use by the board, and unused portlons
of the fee wll] be refun<ied prompfly fo1low1ng the board's decislon on the
app11catlon.
STUDY
fhe appllcant undertaJres the study as agreed upon wlth the board and
provldes perlodlc reports to the Jurlsdlctlons wlthin the ldentlfied area of
concern.
APPLICATTCII
Upon completlon of bhe sturiy, the appllcant f1les an appllcatlon for a
condltlonal/speclal use permit for ar\y or all fac111t1es ldentlfled 1n the
study.
SIJBMISSION REQUIREMENTS
A. Ttre appllcant sha11 f11e ( ) coples of the appllcatlon wlth the
board.
Ir{aps, charts or other documents whlch are bound 1n the appllcatlon
shal1 be cut or folded to B 7/2 lnch by 11 lnch s1ze. Maps, drawings,
or charts may accompany an appllcatlon as separable exhiblts.
The appllcation sha]l be verlfied by the appllcant and slgned by a
managlng partner, the proprietor, or a responslble executlve offlcer.
As part of the appllcation, the appllcant sha1l submlt an obJectlve
surfinary of the entire appllcatlon, not to exceed l0 pages 1n length.
Whrenever thls prograrn requires informatlon concernlng the facl11ty
to be submltted to the board and the appllcant ls requlred to submlt
the same or slmllar information to another governmental ageney havlng
P
D.
-B-
oo
Jur1sd1et1on, the applicant may submlt such lnfornratlon to the board
1n the same format that such informatlon ls or w111 be submltted to
such other agency or jur1sd1ct1on.
SUBMITTAL
A. The appllcation shal1 contain the foliowlng lnforrnatlon wlth respect
to both the constructlon period and on-Ilne life of the proposed
facllity:
1. T5e appllcatlon shall state the name, tlt1e, telephone ntunber and
post offlce address of the person to whom con:rnunleatlon 1n regards
to the aPPllcation shall be made.
Z. Coples of the studies undertaken as agreed upon wlth the board
ln thelr Scope of Actlvltles 1nc1ud1ng the soclal, econornlc
and mltlgatlon impact evaluatlons.
RE\IEhI OF APPLICATION
I. Upon receipt oli a complete<1 appllcaton for a speclal or condltlonal
use permib requirlng a socio-economic lmpact mitlgatlon prograrn,
the board shall:
a. Transmlt, wlthin 15 days, a copy of the appllcation to all
ldentlfied affected loeal governments wlthln the corftnunlty of
interest surrounding the slte;
b. Publ1sh notice ofl reeeipt of the appllcatlon one tlme in the
county 1egal newspaper, ancl ut1I1ze any other means of
notlfylng the public thab the board deems necessary.
2. ltrlthln 30 days of receipt of the appllcatlon, all notlfled local
goverrments shal1 report to the board concernlng:
a. Ttre adequacy of the appllcaton and any addltlonal lnformatlon
needed upon whlch to base a declslon;
b. Report any varlance wlth 1oca1 Sovernment po11cy'
-9-
OO3. Wlthln 30 days after the date for recelpt of conrnent from local
agencles, the board stiall lssue a report concernlng the adequacy
of the applicatlon, lncluding whether suffielent inforrnatlon exlsts
in the appllcatlon upon whlch to base a declsion.
4. Wlthln 60 Oays after the concluslon of the pubIlc hearings, the board
shall nrake flndings upon all issues ralsed durlng the revlew and
hearing process anci render its declsion, either granting or denylng
a speclal use permit based upon the appllcation as f1led or granting
it upon such terms, conditions, or nrodlflcations as the board may deem
approprlate.
Notwlthsiancillg the prevlous sectlon, the board nay grant a speclal use
permlt either as proposed or as modifled by the board upon a flndlng that the
soclo-economlc lmpaet of the proposed faclllty w111 be met.
APPLICATION HEARING
Appllcatlons for Condltlonal and Speclal Uses are subJect to a1l other
provlslons of the Garfleld County Zonlng Resolutlon as set forth under "9.03
PERItrT - SPECIAL USE.'t (See Appendlx)
MITIGATION TEASURES
The appllcant and the board shall agree on a procedure for revlewlng and
adJustlng, 1f necessary, the mltlgatlon plan.
ANNUAL MONIT'ORING
Thls phase of the pro€irarn ls covered by '19.03.05 Perlodlc Revlewfr of
the existing Garfleld County Zonlng Resolutlon.
For applleatlons subject to the Impaet Mltlgatlon Program, the appllcant
an<l the board shal1 agree on a procedure for revlewlng and adJusting, if
necessary, the mltlgation Plan.
Actual constructlon an<l operating personnel statlstlcs w111 be provlded
at least arurually by the applicant.
-10-
APPENDIX
BIBLIOGMPT{Y
IE 1253 , (Lg76) Colorado c,eneral Session (not adoptgd), A Bill For
L A"a E"iaUffshfng a State Erergy Facility Siting Program'
HB 1034, (Lg74) Iocal Coverrment Iand use control Enabling Act,
Colorado.
sB 312, (198I) An Act Authorization of voluntary PrepaymenE of Ad
v"f"ieti, ia*"s' in Energy-Impacted Areas, Colorado'
tts 1395, (19SI) Concerning severance Tax Credits for Impact
Assistance, C.olorado.
Indnstrial Development Inforrnation and Sicing Act, L975, As Amended
L977, I.IYorning.
Industrial Development Information and Siting, Rr:Ies and Regulations'
L977, WYoning.
G-rlde to the Prepararion of Permit Applicacions for Industrial
Facillties, Decernber, L977, Wycrling'
c,arfield cotmty Zoning Resolution of L978, Adopted January i, L979'
Draft Els, s{noky canyon Phosphate }tine, caribou cot-rnty, Idaho,
Septanber, 1981.
Critical Area Programs, The InsiguEe of Rational Desigp, July, L977'
Denver Law Journal, VoI. 51, Nc. 4, Lg74 - L974 l-and use l.eg,islation
tn Colorado, John R. Bermingharn.
Erergy Facility Slting Rrles, South Dakota R:blic Utilicies Conrmission'
1980.
Faergy Conversion and Transrnission Facility Sirinrrt :Sl!itF1[Y:^*1""
anJ frgUfations; G.rldelines, l{crth Dakota fubtic Service Lbrmlsslon'
July, L979.
colorado Iand use Law: Regional and local. Michael D. I^lhire.
Title 25, Chapter 20 l4ajor Facility Siring,, Montana'
The Flscal ImpacE tlandbook and PracEicioner's Glide to Fiscal lpPacu
e""fyrir,-Rob!il I,J: Buicheff , David Llstokin, The Center for Urban
pofily Research, 1978 (Case ia, Relating to C.osc Revenue included in
Appendlx).
o
ol'
9.03
9.03.01
9.03.02
g. 03. 03
GARFIELD COUTruY ZONING RESOLUTION
PERIV1IT - SPECIAL USE
t97B
Appllcatlon: Shall conslst of all lnformation required of an
applicatlon for a permlt and subject to a1l admlnlstrative
proeedures thereof plus the followlng:
(1) Supportlng information, plans, letters of approval from
responslb)-e agencles and other inforrnatlon to satisfy requirements
listed under Conditional and Special Uses in the Supplementary
Regulations;
(2) A vicinity map rlrawn to scale depicting the subject property,
locatlon and use of buildings and structures on adiacent lots and
the names ol owners of record of such lots;
(3) A letter to the County Conrnlssloners from the appllcant
explaining in detail the nature and character of the Speclal Use
requested.
Fee: A fee of TVventy-five DolLars 1925.00) shall be charged for
each application; with the exeeptlon of uses as industrlal
operations as defineri in Section 5.03.07 of thls Zoning Resolution
in whlch case a fee of Five Ilundred Dollars ($:00.00) shall be
charged for each aPPlication.
Action by Planning Director: The Planning Director shall utilize
services of the FnvironmentaL Health Officer, Building Offlclal
and any other county or state officials or agencies to arrive at a
determinatlon that the proposed bullriing, structure or use 1s in
compllance wlth all applicable zoning, subdlvislon, building,
health and sanitatlon regglattons except for approval by the
County Conrnissloners as a Speclal Use; and if the proposed bullding,
faciIlty, structure or use are in compllance except for the Board
approval, sha11 forward the appllcatlon along wlth hls report to the
Board.
9.03.04 Actlon by the Cor-urty Conrnlssloners: An applicatlon for a Speclal
Use permlt shall be approved or denled by the County Conrnissloners
after holdlng a public hearlng thereon in conforrnance with all
provlsions of this Resolution. Such hearing shal1 be held no later
than thlrty (30) days followlng the recelpt of the special Use
Permit application and the recon'mendatlon of the Planning Director;
provlded, however, that if they deem it appropriate, the county
Conrnlssioners may refer a request for a Speclal Use Permit to the
County P]a:rnlng Conrnisslon for 1ts revlew ald reconrnendation, ln
which case sai<l public hearlrg must be held withln slxty (60) days
of the application. Notice of hearlngs held in regard to an
application for a Special Use Permit shall be the sole responsiblllty,
and at the expense, of the applicant, and except as otherwise
provideri shall be given as follows:
(1) Notlce by pub).ication, including the name of the applicant,
description ol the subject 1ot, a description of the proposed
special use and Lhe time anci place for the hearing shall be given
once in a newspaper ol general circulation in that portion of the
County in which the subject properLy is located at least fifteen
(15) days prion to the date of such hearing and Proof of Publication
shall be presented at hearing by the applicant'
(2) Notice by ma11, contAlnlng lnformation as decribed under
paragraph (1) above, sha1l be rnalled to alL owners of record of
lots adjacent to the subject lot at least flve (5) days prlor to
such hearlng tlme by Certlfled Return Recelpt n411, and Recelpts
shall be presented at the hearlng by the appllcant'
The concurrlng vote of the maJorlty of the cor.uety conrnlssloners
shall be necessary to decide in favor of the appllcant. The
County Conrnissloners Shal"1 approve or deny the permlt application
and notlfy the applicant of their declsion, in wrlting, within
g. 03. 05
fifteen (15) days following the Publie Hearing. The decision
shall state specific finrlings of fact relevant to all essential
issues. If the permlt 1s denied, such decision shall include
reasons for denlal.
Periodlc Review: Any Special Use Permlts nay be made subJect to
a periodlc revlew not less than every slx (6) months if requlred
by the County Cornrnissioners. The purpose of such review shal1 be
to determine compliance or non-compllance with any perforrnance
requirements associate<l with the grantlng of the Special Use Permlt.
The County Conrnissloners sha]l indlcate that such a review is
requlrerl and shall establish the time perlods at the time of
issuance of a Special Use Permlt. Such review shall be conducted
in such manner and by such persons as the County Commissioners deem
approprlate to make the review effective and meaningful. Upon the
completion of each review, the Conmissloners may determlne that the
permlt operations are in compliance and continue the permit, or
dctermine the operat-ions are not ln compliance and elther Suspend
the permit
compliance
be limited
on
bv
to
require the permitee to bring the operation into
a certain specified date. Such periodic review shaLl
those performance requirements and conditions imposed
at the time of the originaf issuance of the Special Use Permit.
IIVIERGOVERNME}.MAL COOPERATION
Governments may cooperate
use of landtr
Plarured Unlt Development .
rrfor the purpose of plannlng or regulatlng the
Act of t972. 1973 CRS 24-67-t0t
I{B 1034 - Ttre 1oca1 Governrnent Iand Use Control Erabllng Act 1974 CBS
29-20-101
rt... provldlng for phased developxnent of servlces and fac1l1t1estrl
t,Regulatlng the use of Land on the basls of the lmpact thereof on the conrnunlty
or surroundlng area.
Copnty Subdlvlslon Regulations, 1973 CRS. 30-28-133. School and parks
ttDedlcatlon of such sltes anrl land areas to the county or the pub1lc or,
l1eu thereof, payment of a sum of n'nney not exceedlng the fulL market value
such sltes and land areas.
courty Plannlng CRS 1973, 30-28-101; Zonlng 30-28-111; Subdivlslons
30-28-110; Local Government L€.nd Use Control Erabllng Act (I{B 1034 enacted
1n 1974) 29-20-707.
1n
of
1. rB 1034 (1974)
Iocal Government Land Use Control
Ehabllng Act
Z}-ZO-107. Short T1t1e. Thls article shall be lorown and may be clted as
the rrlocal Government Land Use Control Enabllng Act of 1974."
29-20-102. Leglslative Deelaration. The general assembly hereby finds and
declares that in orcler to provide for planneci and orderly developnent wlthin
Colorado and a balancing of basic human needs of a charging populatlon wlth
legltlmate envlronmental concerns, the pollcy of thls state ls to clarlfy and
provlde broad authorlty to local governments to plan for an regulate the use of
lancl withln thelr respectlve .jurlsdictions. Nothlng 1n this artlcle shall serve
to dimlnlsh the plannlng functions of the state or the dutles of the dlvision
of planni.ng.
Z9-2O-103. Definitlons. As used in thls artlcle, unJ"ess the eontext otherwlse
reqylres: frlocal government'r means a county, home ru1e, or statUtOry clty,
town, territorial cha-rter city, or clty and county.
2y2O-10\. Powers of IocaL Government. Without llmitlng or supersedlng any
power or authorlty presently exerciseri or prevlously granted, each local
government within its respective jurlsdlctlons has the authorlty to plan
for an regulate the use of land bY:
1. Regulating development and actlvities 1n hazardous areas;
2, Protecting lands from actlvitles whlch would cause lnmedlate or
foreseeable materlal danger to signlficant wildlife habltat and where an
actlvlty would endanger a w1Idllfe specle;
3. Preserving areas of historical and archaeological lmportance;
4. Regulatlng, with respect to the establlshment of, roads on pub11c
lands adnlnlstered by the federal goverrment; thls authorlty lncludes authorlty
to proh1b1t, set condltlons, or require a permlt for the establlshment of any
road authorlzed r:nder the general rlglt-of-way granted to the pubIlc by 43 U.S.C.
932 (R.S. Z4TD but does not lnclude authorlty to prohlbit, set conditlons, or
requlre a permit for the establlshment of any road authorlzed for mlnlng cla1m
purposes by 3O U.S.C. 21 et seq., otr under any speclflc permlt or lease granted
by the federal government;
5. Repglatlng the loeatlon of actlvlties and developments whieh may result
ln slgnlflcant changes in population denslty;
6. Providlng for phaseci developxnent of servlces and facllltles;
T. Regulating the use of land on the basls of the lmpact thereof on the
connrunlty or surroundlrg areas; the
B. Otherwlse planning for an<i regulatlng the use of land so as to provlde
plarured and orderly use of lanrl and protectlon of the envlronment 1n a manner
conslstent wlth constitutlonal rlghts.
Zg-20-105. Intergovernmental Cooperatlon. Wlthout llmltlng or supersedlng any
power or authority presently exercised or prevlously granted, Ioca1 governments
are authorlzed ancl encourageci to cooperate or contract wlth other units of
government pursuartt to article I of tltle 29, C.R.S.1973, for the purposes of
planning or regulating the clevelopment of Ianci, ineludlng but not llmlted to
the Jolnt exercise of plaruT lng, zonlng, subdlvision, building, and related
regulations.
29-20-106. Receipt of F\-rnds. Wlthout limltlng or superseding any authorlty
presently exercised or previously granted, Ioeal governments are hereby authorlzed
to recelve and expend funds from other goveflimental and prlvate sources for
the purposes of plarurlng for or regulatlng the use of 1an<i wlthln thelr respectlve
Jurlsdlctlons.
Z9-ZO-107. Compllanee wlth Other Requlrements. Mtere other procedural or substantive
requlrements for the plarurlng for or regulatlon of the use of land are provlded by
law, such requlrements sha1l control.
r'l-ri\: L\v
Nov,:irber lB, I9B{l
UNION OIL COMPANY
November L6, 19BI
PROPOSAL FOR GARF]ELD COUNTY IMPACT MITIGATION ORDINANCE
Program PurPose
A. The purpose of this ordinance i-s to establish a coopera-
tive program between Garfield County and an energy or
mineral developer that will address potential front-end
financing problems associated with direct population
growth from large scale energy and mineral development
projects in Garfield County' The specific purpose of the
programistoestablishfinancingmechanismstoenSure
that the fiscal capacity of Garfield County and other
government entities impacted by development wiIl be
adequate to provide necessary government services and
facilities to deal with the influx of people directly
aSsociatedwithanenergyormineralprojectduringthe
constructionperiod,beforetherealizationofthe
project's principal tax base in the county'
It is the position of the Board of county Commissioners
of Garfield County that an applicant for a special use
permitforalargescaleenergyormj-neraldevelopment
projectmustbearthefront_endcostsofadditional
governmental services and facilities necessitated solely
bytheiractivitiesbutwhichcannotbefundedbythe
\) i\ ri f I, i-olc;aw -Nov,:rnber 18, igBIQ
Page Trvo
current tax base in Garfield County. The County
Commissioners recognize that unlesS measures are taken
to mitigate the socioeconomic impacts that may be
associated with such a project, deterioration in the
quality of Iife may result for existing county resi-
dents, and a lower quality of life may result for those
who locate in the county. The overall goal of this
ordinance is to ensure the timely availabitity of
adequate housing and loca1 public facilities and services
until tax revenues are available to meet community
development requirements with a minimum burden on
existing residents.
II. Permit Requirements
Each applicant seeking a special use permit from the Garfield
County Board of County Commissioners for an energy or mineral
development which will employ two and one half percent or
more of the total employment of the county (as measured by
the latest United States Department of Labor monthly estimate
of county employment) sha11 be required to prepare and present
a socioeconomic impact analysis as a part of its application
for such Permit-
III. ImPact AnaIYsis
The socioeconomic impact analysis, which shall be presented as
part of the application for a special use permit, shall contain
the following information:
DRAFT
r:):]f"..,, .,,,o
Page Three
A. Annual emplovment proiections for the li-fe of the
proiect. These projections shal} separately identify
both the numbers of constructi-on employees and the
number of operating employees. In addition, the applicant
shall present projections of the number of persons who
have l-ived in the area at least six months to be employed,
and the number of new residents to be employed in both
temporary and permanent jobs.
R- Annual population proiections for the life of the
proiect. The total population growth induced by the
project should separately identi-fy the direct population
growth associated with both the construction and operating
employees of the project and the secondary servi-ce
employees. The projections should include information
as to the number of direct and indirect households, the
economic and demographic characteristics of the direct and
indirect households, residential location, commuting
habits, and place of prior residence.
C. Annual public capital and operating costs to serve the
direct and induced population growth associated with
the proiect. Projections of expenditures to provide
public facilities and services to serve projected popula-
tion growth should include the fu11 range of government
f acilities and services, such as: water and se\^7er
facilities, school classrooms and administrative space,
o _!_s _1_ i
I'"X;.:il.' 1B, reBO
Page Four
libraries, county adminstrative space, parks and recrea-
tion, hospital health and medical services, mental health
and other social services, solid waste, public safety and
fire protection, public detention facilities, streets and
roads, and other facj-lities and services provided by
local public entities within the region effected by the
project. ProjecLions shalI include separate estimates of
the proportion of facility and service expenditures to
serve direct and indirect employees and their households'
Annual revenue proiections for the Iife of the proiect.
projections shall include both direct project revenues,
Lincluding ad valor[m taxes assessed against the facility
and its products, sales and use taxes, state-shared
Severance taxes, and. state-shared federal mineral royalties '
In addition, projections sha11 include the complete range
of general purpose revenues received by each local govern-
ment entity in the region of impact from both direct and
indirect employees and their househofds'
E.Annual proiections of each locaI government's fiscal
balance for the life of the project' l' The impact
analysis shall compare the expenditures projected pursuant
to paragraph (C) above and revenues projected pursuant to
paragraph (D) above for direct population growth from
the development. The:resul-ts of-the comparison shoul-d be
compiled and presented for each impacted local government
entitY.
DRAT-T
PDN: tw
November
Page Five
18, lgBo
2. The comparison shaIl be accomPanied by an analysis
that discusses the alternative approaches and resources
available to mitigate any revenue short faIIs identified
to provide facilities and services to serve direct popula-
tion growth from the devel-opment-
requirements of proiect employees and associated households'
The housing analysis shalI compare estimates of housing
availabitity to housing demand for direct population growth
from the development.
IV. fmpact Ivlitigation Proqram
As a condition for the issuance of a special use permit to an
applicant, the applicant, dt its option, shaIl:
A. Demonstrate to the satisfaction of the Board of County
Commissioners that it wiII provide or cause to be provided
additional services necessary to mitigate impact, PaY sums
to effected public entities in an amount sufficient to
mitigate impacts, and construct, finance or cause to be
constructed or financed public facilities necessary to
mitigate additional- public service demands created by
the project until the assessor determines that the development
is at least 90 percent complete, or when work on the develop-
ment is indefinitely suspended and employment drops to
2OO or fewer persons, whichever occurs first or
F An analysis of the regional housing market and housi
L ,,l
P-tsi- {' r. PDI{: tw
November 18, I981
Page Six
B. Provide financial assistance to the county for the
front-end financing of capital facilities and operating
expenditures. The county shaII distribute such sums
as are appropriate to other impacted locaI government
entities b-ased on the project's impact analysis and mon-
itoring program. The mitigation program shalI be in
accordance with the following requirements:
I. Financial Assistance. a. For capital improvements,
the applicant shall be required to make annual payments
or cause to be avaifable to the county funds sufficient
to amortize the revenue short fall associated with the
construction, expansion or modification of any public
facilties reguired by direct population growth associated
with the project over the project life, or 20 years,
whichever is less. Such payments shall include amounts
sufficient to pay interest on the total cost of such
facilities in accordance with the
as published in The Bond Buyer.
index,
b. For operating expenditures, the applicant shal1 be
required to make annual payments or cause to be avail-
able to the county funds equal to any revenue short faII
between operating expenditures and total available
revenues for direct population growth for the development
as determined pursuant to paragraph (E) of Part III
above. Such payments shall not exceed the property
taxes levied for coll-ection during the year by impacted
rl\--l
t
DiiAFT
PDN,-[w --
Noverrrber 18, tgBa
Page Seven
Iocal governments on a per capita basis.
Phasinq. To the extent that the project involves
phases of construction over time, the impact mitigation
program shall also be phased so that the timing of
the applicant's funding for the mitigation of impacts
shall correspond to the phasing of construction
ac tivity.
Credits. There shall be allowed as a credit against
the payments imposed by this subsection (B) an amount
equal to the property taxes paid by the applicant
during the year in excess of the property taxes paid
for the year proceeding the initiation of construction.
Termination. Financial- assistance shall terminate
on December 31 following the date when the assessor
determines that the energy or mineral- development pro-
ject is at least 90 percent complete, or when work on
the development is indefinitely suspended and employ-
ment drops to 200 or fewer persons, whJ-chever comes first.
The county, locaI governments, the applicant and the state,
as the case may be, shall enter into appropriate agreements
providing that applJ-cant expenditures made pursuant to
this Part IV shall be considered to be prepayments of pro-
perty taxes pursuant to article 1.5 of Lhe title 39 , Colorado
Revised Statutes 1973, or eligible for the credit against
o
2.
3.
DRA}-T
i5I;Fil", ,', ,,,1
Page Eight
severance
Revised S
waived by
taxes pursuant
tatutes 1973, to
the applicant.
to section
the extent
39-29-107.5, Colorado
applicable, unless
D.The applicant sha1l be required to demonstrate the avail-
ability of housing for not less than B0 percent of the
total direct work force of the development.
Monitoring Program
A- As a condition of the speciat use permit, the appricant
sharl be required to deverop and imprement an ongoing
moni-toring system that wilr enabre the Board of county
commissioners to determine the accuracy of the appricantis
and the county's impact projections. The applicant sharr
be responsibte for the preparation of a quarterry report
to the county that compares actuar temporary employment
and permanent emproyment, inctuding the number of existing
locar residents and new residents, with the projections.
The report sharl also compare actuar direct population
growth in the impacted area with the projections, including
place of residence, househord size, and number of schoor
age children. The quarterry report sharl- be due within
30 days of the cl_ose of each calendar quarter
B. rf the quarterly report shows variation of 25 percent in
direct development employment for two consecutive quarters,
the Board of county commissioners shalr hord a hearing to
determine if the impact mitigation program shoul-d be
t-
V.
tl
II R \ i."f
IL-\:t\{
i,lcven-J:er fB, 198O
Page Nine
revised. Any such revision shall
Fart IV above.
be consistent with
vf.Compliance
A. The above mitigation program sharl be a condition of the
issuance of the special use permit for the project.
B. upon learning of an alteged violation of any condition of
the permit, the Board of County Commissioners shall direct
the county rmpact coordinator to investigate the alleged
violation and prepare a report for the commissioners. rf
the rmpact coordinator's investigation indicates that a
violation is probable, the findings sharl be presented
at a hearing carled by the Board of county Commissioners
for this purpose, upon not ress than 10 days written notice
to the permittee. The permittee shall have the right of
discovery in such proceediDgS, and to present j-nformation
and respond to allegations.
c. rf the county commissioners determine that a violation
has occurred, the Board may suspend the permi-t untir
such vioration is corrected or untir the violator takes
measures to prevent a recurrence.