HomeMy WebLinkAbout01. Major Impact Review Application and Agreement for PaymentGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
x
MAJOR IMPACT REVIEW
0 MAJOR IMPACT REVIEW [AMENDMENT]
O SUP AMENDMENT [Issued under the Zoning Resolution of 1978, as Amended]
GENERAL INFORMATION (Please print legibly)
> Name of Property Owner: Nathan A. Schaeffer and Becky Schaeffer
> Mailing Address: 0244 Burtard Lane Telephone: ( 970 ) 285-7287
A City: Parachute State: CO Zip Code: 81635 Cell: (970 ) 250-1975
> E-mail address: bnsseivices@sopris.net FAX: ( )
> Nanne of Owner's Representative, if any, (Attorney, PlanneLConsultant, etc):
> Melody D. Massih, Olszewski, Massih & Maurer, P.C.
> Mailing Address: P.O. Box 916 Telephone: ( 970 ) 928-9100
D City: Glenwood Springs State: CO Zip Code: 81602 Cell: ( )
> E-mail address: rnelody@ommpc.com FAX: (970 ) 928-9600
Requested Use from Table 3-501 or 3-502: Contractor's Yard
> Street Address / General Location of Property: 2456 County Road 301., Parachute, CO
81635
> Legal Description: See attached Exhibit A
> Assessor's Parcel Number: 2 4 0 7 _ 0 9 1. 0 0_ 0 8 6
A Existing Use: Vacant Land
> Property Size (in acres) 37.733 acres Zone District: Rural
Last Revised 10/6/09
I. GENERAL SUE3MITTAL REQUIREMENTS
[The following general application materials are required for all Major Impact Review
Applicatiions in Garfield County. Application materials and review standards that are
specific to an individual use (Mass Transit Facility, Extraction, Solid Waste Facility ,
etc,) are detailed in Sections 3-301 of Article III and Article VII of the Unified Land Use
Resolution (ULUR) of 2008.]
A. Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
B. A narrative explaining the purpose of the application and supporting materials
that address the standards and criteria found in Articles III and VII of the
Unified Land Use Resolution of 2008.
C. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act
in that capacity for the entity.
D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or within
200 ft. of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-101, et seq. (That
information may be found in your title policy under Exceptions to Title).
E. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed land use change to the surrounding area for which a
copy of U.S.G.S. quadrangle map may be used.
F. A copy of the Pre -Application Conference form completed during the original
Pre -Application Conference.
G. Submit 3 copies of this completed application 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.
I. Major Impact Review Process
The follovving section outlines and describes the Major Impact Review process for the
variety of uses that are governed by the Board of County Commissioners by the
Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the
regulations themselves for a higher level of detail. [The following process is required
for applications for land use changes that are subject to Major Impact Review as
defined in Table 3-501 or 3-502 in Article III.]
A. Outline of Process. The Major Impact Review process shall consist of the
following procedures:
1. Pre -Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Public Hearing and Recommendation by the Planning Commission (4-
103 (G))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted with a Limited
Impact Review application and are more fully defined in Section 4-502 of
Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form and Fees
2. Site Plan (4-502(C) (3))
3. Erosion and Sediment Control plan (4-502(C)(4))
4. Landscape Plan (4-502(C)(5))
5. Land Suitability Analysis (4-502(D))
6. Impact Analysis (4-502(E))
7. Improvements Agreement, if appropriate (4-502(1))
II. Major Impact Review Amendment Process
Any proposal to change conditions of approval or a site plan approved under these
Regulations as a Major Impact Review permit shall require application to the Director
for Amendment of a Major Impact Permit Approval. The Director shall review the
application to determine whether the proposed change constitutes a substantial
change to the Major Impact Permit approval pursuant to Section 4-107 of Article IV.
A. Outline of Process. The review process for a proposed Amendment of an
Approved Major Impact Review shall consist of the following procedures.
1. Pre -Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Decision by Director (4-104(B)(5))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted with a Major
Irnpact Review Amendment application and are more fully defined in Section
4-502 of Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the
requested amendment does not result in a substantial change defined
here:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following:
1. A change in land use category.
2. A change in site design which increases
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000
sq. ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change.
d. The size of the land which is the subject of the permit or
approval
3. A change in land use which creates or increases the incompatibility of
the use.
I have read the statements above an
whi • -rrr„sv end acc Aate to the b
e provided the required attached information
owledge.
(Signature Property Owner) Date
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-09, has established a fee structure ("Base Fee") for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed 1,o pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at l:he time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment:, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights -of -Way
Sketch Plan
Preliminary Plan / Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction Plat
Combined F'reliminary Plan and Final Plat
Minor Exemption / Amendment
Major Exemption / Amendment
Rural Land Development Option Exemption / Amendment
General Administrative Permit
Floodplain Development Permit
Pipeline Development Plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited Impact Review / Amendment
Major Impact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (PUD) / Amendment
Comprehensive Plan Amendment
Variance
Interpretation
Takings Determination
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
■ Planning Technician
■ Secretary
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$100
$1,075
$300 / $300
$400 / $300
$400 / $300
$250
$400
$400 / $300
$50
$250
$400 / $300
$525 / $400
$300
$450
$500 / $300
$450
$250
$250
NO FEE
$50.50
$40,50
$33,75
$30.00
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats) Determined by Surveyor$
Mylar Recording Fee 9'11 - 1S' page
$10 each additional page
Page 2
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Nathan A. Schaeffer and Becky Schaeffer
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for MaLr.lmpact Review
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUT j s4, ED ' EPRESENTATIVE)
0_1)A
Signature 0
Nathan A. Schaeffer & Becky Schaeffer
Print Name
Mailing Address: 0244 Burtard Lane
i<7 io
Date
Parachute, CO 81635
Page 4
A PARCEL OF LAND SITUATED IN THE E1/2NE1/4 OF SECTION 9, TOWNSHIP 7
SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING
SOUTHERLY OF COUNTY ROAD 301, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 9, A 3-1/4" BLM
ALUMINUM CAP IN PLACE; THENCE N89°40'10"W ALONG THE SOUTHERLY
BOUNDARY OF THE SE1/4NE1/4 A DISTANCE OF 1,275.09 FEET TO THE
CENTER -EAST 1/16 CORNER OF SAID SECTION 9, A 3-1/4" BLM ALUMINUM CAP
IN PLACE; THENCE N00°34'21"W ALONG THE WESTERLY BOUNDARY OF THE
SE1/4NE1/4 A DISTANCE OF 1,281.50 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF A PARCEL OF LAND AS DESCRIBED IN BOOK 86 AT PAGE 343
AS RECEPTION NO. 51362 IN THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE LEAVING SAID WESTERLY BOUNDARY ALONG
THE SOUTHERLY OF SAID PARCEL OF LAND N89°48'28"E A DISTANCE OF
643.87 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY
BOUNDARY OF A PARCEL OF LAND AS DESCRIBED IN RE=CEPTION NO. 744457
IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE
S88°47'17"E ALONG SAID SOUTHERLY BOUNDARY OF RECEPTION NO. 744457
A DISTANCE OF 100.38 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY
BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
290.00 FEET AND A CENTRAL ANGLE OF 14°56'21" AND A DISTANCE OF 75.61
FEET (CHORD BEARS N83°44'32"E A DISTANCE OF 75.40 FEET); THENCE
CONTINUING ALONG SAID SOUTHERLY BOUNDARY N76°16'22"E A DISTANCE
OF 74.36 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY
ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 360.00 FEET AND A CENTRAL ANGLE OF 34°35"00" AND A DISTANCE
OF 217.29 FEET (CHORD BEARS S86°26'07"E A DISTANCE OF 214.01 FEET);
THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY S69°08'36"E A
DISTANCE OF 182.18 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
SAID SECTION 9; THENCE LEAVING SAID SOUTHERLY E3OUNDARY OF
RECEPTION NO. 744457 ALONG THE EASTERLY BOUNDARY OF SAID SECTION
9, S00°35'07"E A DISTANCE OF 1,236.60 FEET TO THE POINT OF BEGINNING,
SAID PARCEL OF LAND CONTAINING 37.733 ACRES, MORE OR LESS.
EXHIBIT
b