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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8"' Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 > www.garfield-county.con i LPt ❑ /LIMITED IMPACT REVIEW [3� LIMITED IMPACT REVIEW [AMENDMENT] RECEIVED JUL 312009 GARFIELD COUNTY BUILDING & PLANNING V-och-IDDLIA- GENERAL INFORMATION (Please print legibly) > Name of Property Owner: -11-1041f (Awti%fr 10 lee_) D Mailing Address:Ai Cootjti led. 311 Telephone: (Q761) J%G"M0(o D City: S.'. 1-1- State& . Zip Code: k/ijp Cell: ( 976)4/1' 03J D E-mail address: CQiii 11e--hjeLDC_MCA St0P,fr11FAX: (910)i%6'oSS0.3 D Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): » Mailing Address: Telephone: ( ) D City: State: Zip Code: Cell: ( ) » E-mail address: FAX: ( ) D Requested Use from Table 3-501 or 3-502: > Street Address / General Location of Property: 3 G / G,„„/-_, pi 3 `1 S i I ca . i145 D Legal Description: S,.CT TW N/ RNC& :10-6 • 7a 17iSC : A h IN Ley Or SSC Io.31<:O703 P6- :001,3 r13K:0M P&:0306 -PRF: R`),36911 > Assessor's Parcel Number: _a. l_L - I kg_ - J1 _a - 51 ( > Existing Use: IZ ES64— > Property Size (in acres) 6,7r Zone District: (C W12A L - Last Revised 12/29/08 I. GENERAL SUBMITTAL REQUIREMENTS [rhe following general application materials are required for all Limited Impact Review Applications in Garfield County. Application materials and review standards that are specific to an individual use (Community Facility, Parking Lot, Library, 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 % 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 from 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. Limited Impact Review Process The following section outlines and describes the Limited Impact Review process for the variety of uses that are govemed 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 Limited Impact Review as defined in Table 3-501 or 3-502 in Article III.] A. Outline of Process. The Limited 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 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. Land Suitability Analysis (4-502(D)) 4. Impact Analysis (4-502(E)) II. Limited Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Limited Impact Review permit shall require application to the Director for Amendment of a Limited Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Limited 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 Limited 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(6)(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 Limited Impact 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 r- . d th- .tatements above and have provided the required attached information which nd accurate to the best of my knowledge. i A71 k e/D9 ( gnatu - of Property Owner) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) , �J GARFIELD COUNTY (hereinafter COUNTY) and Ti -1011 fC4au1t /ice I i� J Qom% Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to C NTY an application for Li�i11d /14.11°A2eo',F.U) (-A Af'/J4Ai PA ) (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. NER (OR AUTHORIZED REPRESENTATIVE) v. T l e, PA 0,'lle7 l ei Print Name i& yj Mailing Address: 3P Co ,v/, 31/ t4Obi Date Page 4 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.3843470 www. oarfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: N/A DATE: 7/30/2009 PROJECT: Amendment to SUP — Add tent camping sites to "Resort" OWNER: Thom and Camille Toler REPRESENTATIVE: N/A PRACTICAL LOCATION: 0361 CR 3 I 1 ; 2179104005 1 6 TYPE OF APPLICATION: Amendment to Special Use Permit I. GENERAL PROJECT DESCRIPTION The Applicant has represented the proposed amendment in the following manner: Presently our special use permit allows for 3 RV spaces. We would like to have 8 to 10 campsites in addition to that. We would have a pumpable bathroom (I men/ 1 women) with sink and toilet and a thousand gallon water storage tank to supply them. Staff understands that the Applicant would like to install up to 10 campsites for tent use only on the area designated as "Day Use Area with Gazebo" on the approved site plan. The development of a "Resort" was approved under resolution 2004- 112 and the Special Use Permit was issued on August 14, 2007. As the property is currently permitted for 3 RV sites and cabins, Staff is willing to consider an application to add the desired camp sites as an amendment to the issued Special Use Permit. II. REGULATORY PROVISIONS APPLICANT 15 REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) Garfield County Unified Land Use Resolution of 2008 Sections. Specifically, Garfield County defines "Substantial Change" as follows: Substantial Change. A change to and existing approved land use resulting in one or more of the following. I. 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 The A--lication Submittal must address how the ,ro osed amendments complies loth each of the above requirements. III. REVIEW PROCESS: Limited Impact Review The following section outlines and describes the SUP Amendment process. Please refer to The Land Use Resolution of 2008 for a higher level of detail. Secr Amendment of a Major Impact or Limited Impact Permit Approval. Any proposal to change conditions of approval or a site plan approved under these Regulations as a Major Impact or Limited Impact Review permit shall require application to the Director for Amendment of a Major Impact or Limited Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Major Impact or Limited Impact Permit approval. A. Outline of Process. The review process for a proposed Amendment of an Approved Major/Limited Impact Review shall consist of the following procedures. I . Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision/Recommendation by Director 6. Public hearing and Decision by the Board of County Commissioners. (if necessary) B. Review Process. I . Pre -Application Conference. A Pre -Application Conference shall be held in accordance with the provisions of Section 4-103 A, Pre- Application Conference. 2. Application. The application materials required for amendment of a Major Impact or Limited Impact Permit approval are set forth in section 4-601 11. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4, Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall evaluate the application to determine if the proposed amendment(s) constitutes a substantial change to the approved Major/Limited Impact Review. A staff report shall be prepared pursuant to Section 4- 103 E. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness the Director shall make a determination as to whether the proposed change(s) constitutes a substantial modification to the approved plan or conditions of approval contained in the Resolution of Approval. a. No Substantial Change. If the Director determines that the change does not constitute a substantial change to the approved Major Impact Review permit, the Director shall approve the proposed amendment to the site plan or set a public hearing before the Board of County Commissioners for an amendment to a condition of approval in a resolution of approval. The Director shall schedule the request for consideration by the Board of County Commissioners: (1) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of determination by the Director of the request for amendment. (2) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public hearing. b. Substantial Change. If the Director determines that the change constitutes a substantial change, the Major Impact Review shall be considered a new application subject to full review under the applicable review process for the land use change application. G. Written Notice of Decision. The Director shall inform the applicant of the determination in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. 7. Request by Applicant for Reconsideration of Decision. An applicant may request review of the Director's decision by the Board of County Commissioners by filing a written request within ten (I 0) calendar days of the date of receipt of written notice of the decision by the Director. a. Schedule Public Hearing. The Director shall schedule the request for review by the Board of County Commissioners. ( I ) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of receipt of the request for review. (2) Public notice of the hearing shall be made pursuant to Section 4- 103 F, Notice of Public fleanng. b. Decision by Board. Following a public hearing conducted pursuant to Section 4- 103 G, Conduct of Public flearing, the Board of County Commissioners may uphold the Director's decision, modify the decision, or reverse the decision. A. 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. I . Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) c. Public klearmg(s): X (If deemed Non -substantial Change per 16-101) . None _ Planning Commission X (If deemed Substantial Change per 16- I 0 I) Board of County Commissioners _ Board of Adjustment d. Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) D Town of Silt D Garfield County Road and Bridge Department, County Attorney's Office and Vegetation Manager D Burning Mountain fire Protection District IV. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $300.00 $0.00 $300.00 (based on Limited Impact Review) (additional hours are billed at hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This Pre -Application Conference Summary is good for G months from the date of the conference. Pre -application Summary Prepared by: July 30, 2009 Date 484221 B-981 P-306 08/10/96 03:35P PG 1 OF 2 BEC DM NOT Miles) ALSIXALF GARFIELD CIX84TY cun MO RECORDER 1.00 17.50 TBTS DEED , Wade this day of June 05, 1996 batmen R. TERM of the County of CeA.RTIESID end State 0f Colorado of the ban and TWA 1!. =ERR A9t0 Smas R. TOLER. to Joint Tenants MING STAMP 0361 COMTE ROM) 311, "Poco loge adhrees is SILT, CO 81647 of the County of GAISDIDD end State of Colorado. of the uco-dt. UITNESSETN, 'Mt the said party *4 the first pert, for and in consideration of the sin o/ (�"*$175,000.00 ) ONE MINORS. (EMIT? FIVE THOUSAND DOLLAIS Aho 00/I00TNs to the geld party o4 the first port In hand paid by the said party a4 the cocmd pert, the receipt whereof la hereby uMatltdped and conIeswd, hes bargained, grand, sold and cmweyed, and by three presets does groat, bargain, eel', convey end confirm, into the amid party of the second part his heirs and assigns forever. all the -tattooing described lot or parcel of tend, situate, lying end bairn in the County 0P end State of Colorado to wit: SEE 1°C "Am AND WADE A PARC . also baron as street motet 0361 (Y1t1Y ROAD 311, SILT, Gro 81652 ToGEll1ER with ell aid sinouler ,,t hereditaments and Sppwwteiomes thereto belonging, or in anywise appertaining, end the reversion and reversions, reainer ams reRaitmrs, tante, leaves ed profit; thereof; and all the estate, right, title interact, claim end dwend whtsosvor of the said party o4 the first part, either in lm or ead4Y.af, in ad to the above bargained premises, with tha haroditmants and appurtenances. To RAVE AND 10 NOLO the saki pumiced shove brroeined ed described, NIth the appurtenances, unto the said party of the second part, his heirs and egoism forever. $d the said party of the (fret part, for himself, hie heirs, executors, one retlnistretora, does covenant. 340433, bargain, end mare" to and with the sold party e4 the second part, his heirs and assigns, that at the time of The chanting and delivery of these presents, he is Rall veiled of 4113 premiers ebdvt conveyed, as of good, we, perfect, absolute end indefeasible estate of irPeritwwe, in It.,. in fee aisle, and has good right, Nil peter and Iswful sulhority to grant, bargain. all end convey the ease in wanner W fore u otoretald, and that tea ram are fres and clow from all former end *that grants, bargains, sales, ties, taxes, essestnenta and encs rbrances of ghettoes kid or nature soave;; ERUPT GENERAL TAMES MO ASSES44NYS FRO 1* YEAR 1996 AND Sd0543(441 YEARS, Ada 540JECl TO EASEMEN1S, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS 0f NAT OF REND, If ANY; end the Proved bargolned premium In the quiet and peaceable pustules) of amid party of the second part, POs heirs and a 4 agai assigns against all and every person or persons tearfully claiming w to claim the "tole or any part thereof, the said party pert shell and will 1AR3ANY ARO FOREVER *E1EW. The singular matter shall imbeds the plural, the plural the singular, ed the use of toy gaper shalt be apptitabI, to ell genders. IN NITNEss wilEREO4, the «etd party of the first pert hair hereunto set hit had end Leal the day end sass first above written. STATE OF COLORADO County of (SEAL) SEAL) (SEAL) The foregoing instrument we acknowledged before e on thio day of by DC1dALD R. M eaegl4sian oydru -10S:2204, 1) Ylmaea cry had and of fit. JANICE L.. JOHNSON NOTARY PUBLIC Arne 05, 1996 fora 10 WAR ffMrot ww3agrl[¢Y1f(r c Record 9911591 RETURN TO: Michael 0. Mohror 710 Grand Avenue Suite A7 1,P220734.220734 134220734 % 494221 3-981 P-307 06/10/96 03:25P PG 2_ OF 2 EXHIBIT A A TRACT OF LAND SITUATED IN LOT 9, OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING THAT PARCEL OF LAND DESCRIBED AS PARCEL 2 TOGETHER WITH A PORTION OF THATPARCELDESCRIBED AS PARCEL 1 AS DESCRIBED IN BOOK 703 AT PAGE 94 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 331 INTERSECTS THE SOUTHERLY LINE OF THE SOUTH CHANNEL OF THE COLORADO RIVER AND WHENCE THE NORTHEAST CORNER OF SAID SECTION 10 BEARS N 08 DEGREES 44' 44" E 3612.35 FEET; THENCE S 00 DEGREES 37' 06" E 354.32 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY S 00 DEGREES 27' 23" W 236.07 FEET; THENCE DEPARTING SAID RIGHT OF WAY S 74 DEGREES 07' 10" E 560.15 FEET; THENCE N 09 DEGREES 57' 32" W 395.19 FEET TO SAID SOUTHERLY LINE OF SAID SOUTH CHANNEL; THENCE ALONG SAID SOUTHERLY LINE N 57 DEGREES 23' 43" E 369.90 FEET; THENCE N 61 DEGREES 04' 03" E 101.00 FEET; THENCE N 61 DEGREES 35' 16" E 114.47 FEET; THENCE N 63 DEGREES 38' 48" E 116.61 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ==_ STATEMENT OF AUTHORITY Pursuant to C.R.S. X38-30-172, the undersigned executes, this Statement of Authority on behalf of 1.4b y64 hf. �idAtit—; a LLC (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity") , and states as follows: The name of the Entity is %l �)�ji,� ,r �- .[, lt(,tad"- 11� (a'_I and is formed under the laws of Nyle01 The mailing address for the EntitK is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real)) property on behalf of the Entity is yer ) 1 ` ' ( ` 4 sC ,9 l !J C. 1 t'Me ) The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: �1t�4C-' (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this day of Signature: Name(typed or printed: Title (if any): )SS. , 20 e_.,)10,112,71/e4) �d l e. 7;/ic The foregoing instrument was a know%�/,e$_dged efore me this 3� S day of -1,'N200? by Cd,/,, AL '7-- i. %vl.e , on behalf of gv 4v A/�,� ,4.,'✓ .�� , a P 't; Witness myl and andop cial seal. My commis ion Ores: ; Z • ., [SEAL] ,. y 05/09 -, , Garfield County BUILDING & PLANNING DEPARTMENT August 7, 2009 Thom and Camille Toler 361 CR 311 Silt, CO 81652 camilletoler@comcast.net Reference: Ruby of the River Ranch Amendment Dear Mr. and Mrs. Toler; Garfield County is in receipt of your application to amend the "Resort" Special Use Permit applicable to your property. As the reviewing planner I have determined that your submittal materials are lacking and therefore have deemed you application "not technically complete". Provision of the following information is required prior to a determination being made regarding whether the proposed change is "substantial" and therefore required to have Board of County Commissioner review and approval. The Unified Land Use Resolution of 2008, as amended, stipulates that you have 60 days in which to provide the required information: 1. Please provide information regarding the permit that you seek to amend. A copy of the Resolution of approval, the approved site plan, and the Special Use Permit are required. 2. As the pre -application conference summary form indicates, the application must demonstrate how you have determined that the application is NOT a substantial change. 3. As the pre -application conference summary form indicates, provide a description and a site plan indicating the proposed change to the existing Special Use Permit. 4. The Statement of Authority is not necessary as the subject property is listed in your personal names, not in the names of a corporation. We look forward to receiving the necessary information and moving forward with our review. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470