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HomeMy WebLinkAbout06.0 Pre-Application Conference SummaryGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.aarfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 217711100359 PROJECT: Allied Energy Services — Material Handling OWNER/APPLICANT: ALLIED ENERGY SERVICES REAL ESTATE LLC REPRESENTATIVE: Ivan Geer of River City Consultants PRACTICAL LOCATION: 28730 6 & 24 HWY, RIFLE 81650 ZONING: Commercial General TYPE OF APPLICATION: Limited Impact Review for Material Handling DATE: June 15, 2017 I. GENERAL PROJECT DESCRIPTION The Applicant is seeking a County Land Use Change Permit for the Material Handling (storing and mixing of natural resource materials) and then hauling of the product off-site. The property is owned by Allied Energy Services Real Estate, LLC and is 13.69 acres in size. The property is zoned Commercial General which assigns the Material Handling a Limited Impact Review. The requested infrastructure would include several tanks that hold the dry components of concrete. These tanks would be positioned to be able to combine the components in appropriate amounts for the intended use off site. The materials are non -hazardous and non-combustible. No new employees are proposed to be added to the existing facility as a result of this addition. The Material Handling facility is to be installed behind the main building and approximately 20 feet of the west property line. It is understood that the existing facility has approximately 30 employees onsite, which is permitted as a Use -by -Right within the Commercial General Zone District. The facility is fenced with access onto State Highway 6&24. Water is understood to be provided by an onsite well while waste water is provided on an OWTS. The applicant will need to demonstrate that the well and septic are adequate to provide service for the existing facilities on the property (well permit, septic permit, or can and will serve letters from supplying district). In addition, the applicant will need to demonstrate that the access is legally and physically adequate for the proposed traffic generation (provide CDOT access permit). Regarding Waivers, it is understood that the facility will be installed in one phase and will likely not require public improvements to infrastructure, as a result it may be appropriate for Waivers from submittal of a Development Agreement and Improvement Agreement be requested. In addition, it is understood that the Material Handling facility would be approximately 20 feet from the west property line. Section 7-1001(D)(3) requires a minimum of a 100 foot setback from adjacent property lines. As a result, the facility will either need to meet this setback requirement or a Waiver will need to be approved by the BOCC. For a Waiver from the Standards, responses to the Review Criteria in Section 4-118(C) will need to be provided for Staff analysis in the Staff Report. 7Iv , 217711102004', p .c_ -- 2177/1102003 217711107.002 7.1 77111 07 001 i•llZraaii 71771110 21 N1270009 1270004 '21'11013F10.152 flr. et !.L -•r -s PIN 217711100359 pi Ftepon P D toil $ rax 12 rae� x © email Account 02106.16 Owner ALLIED EVERGY SERVICES REAL ESTATE LLC Physical Address 28730 6 & 24 HWY RIFLE 81650 Mailing Address 1000 LOUISIANA. SUITE 3850 HOUSTON TX 77002 Acres 13.69 2016 Mill Levy 51 2510 06147 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, specifically sections: • Limited Impact Review, Section 4-104 ■ Common Review Procedures, Table 4-102 ■ Submittal Requirements, Table 4-201 • Article 7, Standards: Division 1, 2, and 3 • Section 7-1001, Industrial Uses Standards SUBMITTAL REQUIREMENTS • 4-203.B. General Application Materials • Application Form and Fee ■ Agreement to pay form ■ Deed ■ Statement of Authority and/or letter of authorization. ■ List of mineral owners of record, including names and mailing addresses (include statement that public records were searched and the date they were searched) • Names and mailing addresses of all property owners within 200 feet of the subject parcel and a map showing the subject parcel and the adjacent property owners. • Project narrative • Copy of pre -application conference summary • 4-203.C. Vicinity Map • 4-203.D. Site Plan • 4-203.E. Grading and Drainage Plan Note: Hydraulic and Hydrologic drainage calculations are required is 10,000 sq. ft. or more of impervious surface (including compacted soil) is created. • 4-203.G. Impact Analysis • 4-203.L. Traffic Study Note: As represented, this application appears to only require a Basic Traffic Analysis. • 4-203. M. Water Supply/Distribution Plan Note: Please provide an explanation as to the employee increase, if any, as a result of this facility. Please provide a well permit or demonstration of legal and adequate water supply for the property. • 4-203.N. Wastewater Treatment Plan Note: Please provide an explanation as to the employee increase, if any, as a result of this facility. Please provide a demonstration of legal and adequate wastewater infrastructure for the property. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards ■ Respond to all standards in Section 7, Divisions 1, 2 and 3 and Section 7-1001 and submit any additional material (reports, plans, studies, etc) that provides evidence of compliance. Any additional materials to demonstrate compliance with Sections 7, Divisions 1, 2, and 3 and Section 7-1001. ■ Provide demonstration that the facility can and will meet State noise standards as required in Section 7-1001(F). • Provide statement and evidence that roadway access to the permitted use (Material Handling facility) from the public right-of-way (Highway 6) meets the dimensional standards outlined in Section 7-107. • If necessary, provide Waiver request consistent with Section 4-118 from the Setback requirement in Section 7-1001(D)(3). IV. REVIEW PROCESS The process to accommodate this proposed use is Limited Impact Review process. The review process includes the following steps: A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. (20 days for staff review, 60 days for applicant to correct any deficiencies in the submittal) D. Schedule Public Hearing, provide documentation regarding notice requirements in order to satisfy LUDC requirement of minimum 30 day/maximum 60 day notice prior to hearing. E. Additional Copies requested and sent to referral agencies. F. Evaluation by Director/Staff resulting in a Staff Report to the Board of County Commissioners. G. Public Hearing before the BOCC, resulting in a final approval, approval with conditions or denial. H. Recording of decision in an approved Resolution I. If approved, issuance of a Land Use Change Permit based on demonstration of compliance with any conditions of approval. V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None Planning Commission X Board of County Commissioners VI. REFFERALS Referral may include the following agencies: • • • N Garfield County Road and Bridge Department Garfield County Vegetation Manager Garfield County Consulting Engineer Fire Protection Districts ✓ • ✓ • Colorado Parks and Wildlife Colorado Department of Public Health and Environment, Air Quality Division City of Rifle Colorado Department of Transportation Any other agency deemed appropriate upon review of the submittal VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400 Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $Engineering review fee based on hourly rate Total Deposit: $400 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 summary is only valid for a period of 6 months. Pre -application Summary Prepared by: June 15, 2017 David Pesnichak, Senior Planner Date B. Section 4-104 Limited Impact 4t 4 An 2 a '\ Garfield County Limited Impact Review Process (Section 4-104) Step t: Pre -application Conference "Applicant has 6months tosubmit application Step 2: Application Submktal Step 3: Completeness Review 620 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Hearing and Provide Notice ' Published, posted, and mailed to adiacent property owners within 200 feetand mineral owners at least 30 days but no mare than 60 days prior to BOCC public hearing Step 5: Referral •21 day comment period Step 6; Evalutivn by Director 'Applicant has 1 year to meet any conditions of approval 80 DIVISION 1. GENERAL FORMS SECTION 1-01. STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of (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 and is formed under the laws of The mailing address for the Entity 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 The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (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 , 20 Signature: Name (printed): Title (if any): STATE OF )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of a Witness my hand and official seal. My commission expires: (Date) (Notary Public) [SEAL] 1 Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 3: Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services.