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HomeMy WebLinkAbout12. Pre-App - Nov 2020Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PARCEL NUMBER: 2391-321-00-043 PROJECT: 17352 Highway 82 Professional Office OWNERS: RFLANDCO LLC REPRESENTATIVE: Jack Albright PRACTICAL LOCATION: Approximately 5 miles east of the Town of Carbondale at 17352 Highway 82. ZONING: Rural (R) TYPE OF APPLICATION: Limited Impact Review for Professional Office in Rural Zone DATE: Updated 11-10-20 I. GENERAL PROJECT DESCRIPTION The applicant originally proposed the conversion of an existing accessory dwelling into a Home Office/Business as a Permitted use within the Rural zone district. The Garfield County Land Use & Development Code (LUDC) provides very specific criteria for the operation of a Home Office/Business, see Section 7-702. In discussions with the applicant it has become clear that the proposed use of the property as a Home Office/Business would not meet the limitations of Section 7-702. An alternative to the Home Office/Business as a Permitted use is the possibility of requesting a Land Use Change Permit for a Professional Office on this property. Table 3-403 Use Table defines Professional Office under the Commercial Uses in the Rural zone district as a use requiring a Limited Impact Review. The Limited Impact Review is processed according to the requirements defined in Sections 4-101. Common Review Procedures; 4-104. Limited Impact Review; and 4-203. Description of Submittal Requirements. The Planning staff have not been able to locate records of past approval for the existing Accessory Dwelling Unit. At this point in time, the County is considering it a use by right and not an issue. The applicant has stated that his partner also additional uses and businesses on the property. Additionally, the applicant stated that since acquiring the property they have undertake significant clean up of the property. Please note that Section 4-104. C. Review Criteria for the Limited Impact Review requires compliance with applicable standards of the LUDC. This would mean that all existing uses and improvements will be required to be in compliance with such things as the Rural zone district standards prior to approving a Limited Impact Review permit. II. COMPREHENSIVE PLAN The Garfield County Comprehensive Plan Future Land Use 2030 designates this property Residential Low (10+Ac/DU). III. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Article 3, Zoning o Rural Zone District — Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) • Article 4, Application and Review Procedures o Limited Impact Review Process (Section 4-104) o Common Review Procedures (Section 4-101) o Table 4-102 Common Review Procedures and Required Notice o Application Materials (Table 4-201 and Section 4-203) • Article 7, Standards — Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning — as applicable and Section 7-1001 Industrial Use IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4- 203. Outlined below is a list of information typically required for the Limited Impact Review application. These components must be submitted. • 4-203.B. General Application Materials o Completed Application Form o Completed Payment Agreement Form and application fees o Proof of Ownership (title work, copy of the deed) o If owner intends to have a representative, both a statement of authority for the LLC and a letter of authorization to represent is needed. o Names and mailing addresses of properties within 200 ft. of the subject property. o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessors database, form and memo attached). o A narrative describing the request and related information. o Copy of this pre -application summary • 4-203.C. Vicinity map within a radius of approximately 3 miles • 4-203.D. Site Plan • 4-203.E. Grading and Drainage Plan 2 • 4-203.F. Landscaping Plan — As industrial uses are exempt from Landscaping Plans, a waiver may be requested from this requirement. • 4-203.G. Impact Analysis — Descriptive information should be provided including information on environmental impacts, nuisance and hours of operation. • 4-203.J, K — Development Agreement / Improvements Agreement (may be waived upon request as these agreements are typically not applicable where there are no vesting issues and no public improvements). • 4-203.L. Traffic Study — Basic Traffic Study will be required. • 4-203.M. Water Supply/Distribution Plan o The Applicant will need to demonstrate that there is a legal and adequate water supply for all uses it is serving. • 4-203.N. Wastewater Treatment Plan o The applicant will need to demonstrate that the septic is legal and adequate for all uses it is serving. • Respond to Standards fully described in Article 7, Divisions 1, 2 and 3 as applicable and Section 1001 Industrial Use. V. WAIVER REQUESTS Should the Applicant choose to request waivers from submittal requirements or standards, the Application submittal will need to clearly address the review criteria contained in Sections 4-118 and 4-202 in justifying the requests. Where technical issues are concerned (i.e. roadway standards, traffic, drainage, erosion control) the Application needs to demonstrate that the issues are adequately addressed so that the waiver criteria are being met. Technical expertise and engineering reports may still be required to support the waiver request. Further pre -application meetings are recommended to discuss potential waiver requests with Staff prior to finalizing the Application submittals. Submit three paper copies and one digital of application. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _None (Director's Decision) _Planning Commission X Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, Garfield County Vegetation Management, Colorado Parks and Wildlife, Division of Water Resources and more. 3 VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 400.00 (each) b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 400.00 each (additional hours are billed at $40.50 /hour VII. GENERAL APPLICATION PROCESSING 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. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 11/10/20 Vincent Hooper, PMP Date Planner III 4 Approximately 3 months if submittal is complete re. Garfield County Limited Impact Review Process (Section 4-104) Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 20 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Hearing and Provide Notice •Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: BOCC Decision •Applicant has 1 year to meet any conditions of approval 5 6