HomeMy WebLinkAbout1.0 ApplicationRECEIVED
GARFIELD COUNTY SEP 2 2005
Building & Planning Department GARFIELD COUNTY
108 8th Street, Suite 201 BUILDING & PLANNING
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Zone District / Comprehensive Plan Map Amendment
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Name of Property Owner (Applicant): DOUGLAS A.TETER AND BEVERLY A. TETER
➢ Address: 4949 County Road 309
Telephone:
➢ City: Parachute State: CO Zip Code: 81635 FAX:
• Name of Owner's Representative, if any (Planner, Attorney, etc):
Barbara L. Clifton, Esq.
Address: 120 West Third Street Telephone: 970-625-1887
➢ City: Rifle State: CO Zip Code: 81650 FAX:625-4448
➢ Street Address / General Location of Property: NORTHWEST OF THE RULISON 1-70
INTERCHANGE
➢ Legal Description: SENW.S , S _WL nd__Lat 2 Qf S_ecti 25, Tomaship
6 South, Range 95 W
• Existing Use & Size of Property (in acres): Vacant 35 acres (SUP granted in 200
• Property's Current Zone District Designation RL Gentle Slopes/Course Valley Flo
➢ Proposed Zone District Designation: Commercial General
➢ Property's Current Comprehensive Plan Designation0utlyi g_ Residential
➢ Property's "Study Area" Designation: In
4)
STAFF USE ONLY
➢ Doc. No.: Date Submitted: TC Date:
➢ Planner: Hearing Date:
or
Draft description of critical points for "Energy Housing
Plan" approval process.
This would be an addition to the Garfield County Land Use Code. For argument sake, we can
call it Section 5.02.22.
5.02.22 Energy Housing Plan Review for Small Scale Temporary Housing associated
with oil and gas well drilling
1. This Energy Housing Plan review procedure is an administrative review procedure
for temporary small-scale housing associated with drilling projects. This process
recognizes that many well sites are remote and that workers frequently must travel
long distances to reach their homes or nearby communities where housing may be
available. Traveling to available housing each day presents a traffic impact along
mostly rural and many times rough roads. Additionally, requiring workers to travel
long distances daily to existing housing presents significant safety issues. This
administrative review is designed to mitigate these traffic and safety impacts while
protecting the environment and public health.
2. This administrative review procedure is applicable in two limited housing cases:
a. Temporary trailer housing located on Well Sites during site construction,
drilling, completion and interim reclamation operations; and,
b. Small scale centralized trailer locations of 15 or fewer trailers serving an
individual field for a period less than one year.
3. Definitions:
a. Well Site Trailer Housing means trailers located on a Well Site during site
construction, drilling, completion or interim reclamation operations.
b. Small Scale Centralized Trailer Housing means a single location
centralized within a specific oil or gas field(s), not on a Well Site containing
15 or fewer self-contained trailers with no ancillary facilities, operating for
less than 1 year. Occupancy may be continual or irregular.
c. Planning Director means the Director of the Garfield County Building and
Planning Department or his assignee.
d. Energy Housing Plan Health and Safety Checklist ("Checklist") means the
list of requirements to ensure that temporary trailers associated with well
development meet the health and safety requirements of Garfield County.
e. Well Site means the areas that are directly disturbed by well drilling and
operation as defined in the COGCC rules (Series 100 definitions).
4. Review by Planning Director for Well Site Trailer Housing:
a. Companies locating trailers located on a Well Site will be required to
complete and show to the Planning Director compliance with the Checklist
within 30 calendar days of first occupancy by one or more well workers.
b. Because of the sheer number of wells that will be drilled in future months in
Garfield County and because the Checklist tasks are clear and will not vary
significantly from Well Site to Well Site, the review program for Well Site
Trailer Housing would be inspection rather than information driven, with the
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land
in the county. The standard used to review a rezoning request depends on whether the
proposed rezoning is in compliance with the Comprehensive Plan. If so, the proposed rezoning
need only bear a reasonable relationship to the general welfare of the community. If the
rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to
show either 1) that an error was made in establishing the current zoning, or 2) that there has
been a change in the conditions of the neighborhood that supports the requested zone change.
Depending on the subject property's Comprehensive Plan designation as mentioned above,
you will need to appropriately address one of the following standards in a narrative form being
as descriptive and specific as possible:
A. The proposed rezoning for the subject property is in compliance with the
Comprehensive Plan. As such, the proposed rezoning bears a reasonable
relationship to the general welfare of the community.
B. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant
generally needs to show either 1) that an error was made in establishing the current
zoning, or 2) that there has been a change in the conditions of the neighborhood that
supports the requested zone change.
2. If the proposed zoning of the subject property conflicts with the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, an Applicant may wish to
amend the Comprehensive Plan designation so that the proposed rezoning does not conflict
with the Comprehensive Plan Map. If an Applicant requests to amend this Map, they will need
to provide a thorough narrative that shows how their proposed Comprehensive Plan
designation is better suited than the existing designation by addressing the goals, objectives,
policies, and programs listed for that designation in the Comprehensive Plan. This information
can be obtained from the Building and Planning Department upon request.
3. Submit a zoning map showing the current zoning of the subject property and adjacent
properties.
4. Submit a vicinity map showing relative location of the property at a scale of 1" = 2000', and
extending at least 1/2 mile from all property boundaries.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to the
property.
6. Submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site.
This information can be obtained from the Assessor's Office.
7. Submit a copy of the deed and a legal description of the subject property.
8. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
9. Submit payment of the $450.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
10. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(A Zone District Map Amendment is considered a two step process because it is first reviewed by
the Planning Commission which makes a recommendation to the Board of County Commissions.
The following steps outline how the Zone District Map Amendment application review process
works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. In addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your requested Zone District
Amendment. (If Staff determines your application to be deficient, a letter will be sent to you
indicating that additional information is needed to deem your application complete.)
3. Please note, if an application includes a request to amend the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, the request may be
considered at the same meeting before the Planning Commission. However, the request to
amend the Comprehensive Plan shall be considered prior to the request to amend the zoning
map. In addition, the Applicant shall be required to provide proper notice (as described below)
for the request to amend the Comprehensive Plan for the Planning Commission to hold a
public hearing on the request. Further, the Planning Commission is the final decision maker on
the Comprehensive Plan amendment request whereas the Planning Commission will make a
recommendation on the rezoning request to the Board of County Commissioners.
4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Planning Commission and / or the Board of County Commissioners. If
proper notice has not occurred, the public hearing will not occur. Notice requirements are as
follows:
a. Notice by publication, including the name of the applicant, description of the subject lot,
a description of the proposed amendment and nature of the hearing, and the date, time
and place for the hearing shall be given once in a newspaper of general circulation in
that portion of the County in which the subject property is located at least thirty (30) but
not more than sixty (60) days prior to the date of such hearing, and proof of
publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within
two hundred feet (200') of the subject lot and to all owners of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than sixty (60) days prior to the
hearing date and is the sole responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
5. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners (and Planning Commission for an Amendment to the
Comprehensive Plan) that proper notice was provided.
6. Once the Planning Commission and/ or the Board of County Commissioners make a decision
regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing
the action taken by either Board. Following the Boards' approval, this office will change the
property's zoning designation on the zoning map and the Comprehensive Plan Map (if so
decided) if approved.
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my know edge.
o 4-- 9//%s
Si natnat r1P� licant/owner
( 9 pP Date )
Last Revised: 12/02/2002
REQUEST FOR ZONE DISTRICT AMENDMENT
Pursuant to section 30-28-116 of the Colorado Revised Statutes and section 10.00 of the
Zoning Regulations of Garfield County, Colorado, Douglas A. Teter and Beverly A. Teter
(Applicants) request approval of a zone district amendment for a 35 acre ± parcel of land in a portion
in the SENW, NESW, SESW, and Lot 2 of Section 25, Township 6 South, Range 95 West of the 6th
P.M. changing the zoning classification from Resources Lands (Gentle Slopes/ Lower Valley Floor)
to Commercial General.
The Comprehensive Plan designation for the property is Outlying Residential. Although the
proposed zone designation for the property conflicts with the Comprehensive Plan, the rezoning is
consistent with the Comprehensive Plan in other ways. Specifically, one of the development goals
of the Comprehensive Plan is to encourage a diversified industrial base while recognizing the
physical location to market capabilities of the community. Commercial uses for the property would
serve to further diversify the County's commercial base, especially in this location of the County
with its increased oil and gas development.
Further, there have been changes in the condition of the neighborhood that support the zoning
change to Commercial General. Specifically, the property has received approval from the County
for a Special Use Permit encompassing an oilfield support services business. This use is essentially
commercial or light industrial in nature. The property also lies adjacent to a 6.89 parcel of property
zoned Commercial General which houses a general/feed store. Finally, the development of the
natural gas industry along I-70 between Rifle and Parachute has caused the area to become
increasingly filled with commercial and industrial -type businesses and inconsistent with residential
use.
Additionally, as noted in the Staff Report for the Special Use Permit, there is not an
established neighborhood character. The surrounding area is very rural in nature and the property
is quite isolated from any residential use. The property is physically located on a flat vacant plateau
between the I-170 corridor and a significant hillside to the north. The property is bound on the west
by BLM land which is essentially vacant sage brush land. Access to the property is via private
easement across the commercially -zoned property to the northeast onto the I-70 frontage road. No
residential properties will be impacted by the rezoning of this property. Thus, the proposed rezoning
is compatible with the character of the surrounding area.
Overall, although the surrounding properties are designated Outlying Residential on the
Comprehensive Plan, the vast majority of those properties are not used in a manner consistent with
residential use. Accordingly, the subject property provides a location for Commercial General -type
businesses that are beneficial to the community and consistent with the goals of the Comprehensive
Plan.
In further support of this request, Applicants submit the following documents:
a. Zoning and Vicinity maps (Exhibit 1);
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1 b. Assessor's map (Exhibit 2);
1 c. Schedule of names and addresses of owners within 200 feet of the subject property
(Exhibit 3);
1 d. Deed and legal description (Exhibit 4); and
e. Agreement for payment (Exhibit 5).
DATED this ib t day of t,C+-?t 1, 2005.
1 STUVER, LEMOINE & CLIFTON, P.C.
1 By: Cep
arbara L. Clifton
Attorneys for Applicants
We authorize Stuver, LeMoine & Clifton, P.C. to act on our behalf in this matter.
QTS 9�/2
Douglaff A. Teter Beverly A. Tet
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01
Anvil Points
1600m
' 1800tt
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MINERAL RIGHTS OWNERS
AND
PROPERTY OWNERS WITHIN 200 FEET
Property Owners:
1. Samuel B. Potter and Teresa A Potter
P.O. Box 148
Rifle, CO 81650
2173-254-00-004
2. Gary Mahaffey & Lyle L. Mahaffey
4947 County Road 309
Parachute, CO 81635-9109
2173-253-00-003
3. Puckett Land Company & Tosco Corp.
5460 S. Quebec Street, Suite #250
Greenwood Village, CO 8011-1917
2173-352-00-016
4. Hany L. Naugle and Rhonda K. Naugle
P.O. 829
Rifle, CO 81650-0829
2173-251-00-022
5. U.S Naval Oil Shale Reserve
c/o Bureau of Land Management
P.O. Box 1009
Glenwood Springs, CO 81601
2173-222-00-951
6. Colorado Department of Transportation
Attn: Joe Elsen
202 Centennial Drive
Glenwood Springs, CO 81601
7. Union Pacific Railroad Company
1400 Douglas Street
Omaha, NE 68179
Mineral Owners:
8. Anvil Points Properties, LTD
c/o Joseph Scott
333 S. Allison Parkway #209
Lakewood, CO 80226
09/16/05 FRI 16:40 FAX 970 625 3305 COMMONWEATH TITLE CO 1003
1
1 , 111111111111111111111111111111111111111111111111111111
650307 04/16/2004 03:07P 111578 P336 M RLSDORF
1 of 2 R 11.09 D 15.00 Gt1RFIELD COUNTY CO
Recorder,
WARRANTY DEED
I TI -11S DEED. made this 15th day of April, 2004
Between HARRY L. NAUGLE AND RHONDA KAY NAUGLE
of the * County of Garfield, and State of CO, grantor, and
IDOUGLAS A. TETER AND BEVERLY A. TETER, as Joint Tenants
I whose legal address is : 4949 County Road 309, Parachute, CO, 61635
of the County of Garfield and Star. of CO, grantee:
WITNESSETH, Tnat the grantor for and In Consideration of the sum of 5150.000.00 DOLLARS, the receipt and sufficiency of
I which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sell and
convey and confirm unto the grantee, his heirs and asaigna forever, all the rein property together with improvements, if ally.
situate, lying and being in the County of Garfield and State of Colorado described as follows:
See Attached Exhlbit "A"
as known by street and number as: Vacant Land
1
1
1
1
1
1
1
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1
1
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TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder end remainders, rents, issues and profits thereof, and all the estate, right, title, Interest, claim
and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with Inc neredltamenls
and appurtenances.
PO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns forever. And the Grantor, for himself, hIS heirs. end personal representativea, does covenant, grant, bargain, and
agree to and with the Grantee, his hairs and assigns. that at the time of the ensaallni and denvery of these presents, he Is wall
seized of the prernlses above conveyed, has good. sure, perfect, absolute and indefeasible estate of Inheritance. iv) law, in fee
simple, and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all termer and other grants, bargains, sales, liens, taxes, assessments,
oncurnbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2004 and
subsequent years and all those specific exceptions described by reference to recorded documents as reflected In Commonwealth
Title Company's Commitment No. 0310001
The grantor snail and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall Include Ise plural, the plural the singular, and the use 01 gender shall be applicaole to all
genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
14,
Harry L. Naugle
Rhonda Kay Naugle
STATE OF COLORADO
COUNTY OF GARFIELD
) ss.
The foregoing instrument was acknowledged before me on April 15, 2004, by Harry L. Naugle and Rhonda ay Naugle.
WITNESS my nand end official sc: I
My commission expires:
Con nnu WesIIN Filo No. 0310001
RGWT 10:
nnupw. A. Taw sra aooa1 A. Toi.w
4340 Own Roan 59
Psocnas CO n1n35
1' East •th Street
Lie, CO 61650
JANET L. HUBBELL
NOTARY PUBLIC
STATE OF COLORADO
My Dominion Expires 01.0f -20e8
otary Public
09/16/05 FRI 16:41 FAX 970 625 3305 COMMONWEATH TITLE CO
File No. 0310001
111111111111111111111111111 11111 1111111 111 11111 1111 1111
650307 04/1S/2004 03:07P 61576 P337 M ALSDORF
2 of 2 R 11.00 0 15.00 GARFIELD COUNTY CO
EXHIBIT "A"
A parcel of land, contained within the SE1/4 of the NW1/4, the NE1/4 of the SW1/4, the SE1/4 of the SW1/4
and Lot 2 of Section 25 in Township 6 South, Range 95 West of the 6th P.M. in Garfield County, Colorado,
more particularly described as follows:
Beginning at the Northeast Corner whence the Northeast Corner of said SE1/4 of the NW1/4 bears North
00°03'38" West 1208.82 feet; thence North 69"44'35" East 380,35 feet to the Southwesterly line of the
Naugle Exemption Parcel: thence South 40°16'42" East 145.01 feet along said Southwesterly line to the
Northwesterly right of way line of Interstate 70; thence South 48°47'30" West 1716.35 feet and South
50°16'10" West 589.26 feet along said Northwesterly line to the Westerly line of said SE1/4 of the SW1/4:
thence North 00°40'13' West 173.18 feet along said Westerly line to the Southwest Corner of said NE1/4 of
the SW1/4; thence North 00°40'17" West 1326.39 feet to the Northwest Corner of said NE1/4 of the SW1/4;
thence North 00°03'38' West 111.05 feet; thence North 89°44'35" East 1288.01 Feet to the POINT OF
BEGINNING.
TOGETHER WITH an access easement, being 30 feet wide, located Northwesterly of and parallel to the
Northwesterly right of way line of Interstate 70 in the SW1/4 of the NE1/4 of Section 25 in Township 6
South, Range 95 West of the 6th P.M. in Garfield County, Colorado, more particularly described as follows:
Beginning on the Northerly right of way line of Interstate 70, whence the Northeast Corner of said SW1 /4 of
the NE1/4 bears North 24°50'48" East 548.97 feet: thence along the easement centerline the following
courses:
South 60'02'34" West 16.23 feet;
South 07°31'00" East 100.31 feet;
South 22°13'30" West 105.91 feet;
South 37"29'00" West 506.41 feet;
and South 48°4730" West 316.63 feet to the Southwesterly Zine of the Naugle Exemption Parcel, whence
the Northwest Corner of said SW1/4 of the NE1/4 bears North 19°37'14" West 1386.82 feet.
GP 004
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
' AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
1 1. APPLICANT has submitted to COUNTY
of land in Garfield County
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Douglas A. Teter and Beverly A. Teter
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an application for re -zoning of 35± acre parcel
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
' APPLICANT
0a, 6t
Signature
' Date:9.N\ V5
Douglas A. Teter
Print Name
Mailing Address:
4949 County Road 309
' Parachute, CO 81635
10/2004
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Page 4
,LLJ, ,1;116(i,
r •
Date:
Beverly A. Teter