TEMPORARY SPECIAL USE PERMIT APPLICATION PROCEDURES

Transcription

1 TEMPORARY SPECIAL USE PERMIT APPLICATION PROCEDURES For THE UNINCORPORATED AREA OF LEAVENWORTH COUNTY, KANSAS A PRE-APPLICATION CONFERENCE IS REQUIRED PRIOR TO SUBMITTAL OF ANY APPLICATION DEADLINE: All application materials shall be submitted at least thirty (30) days prior to the temporary event except any event that involves sending out notification or invitations shall be turned in at least sixty (60) days prior to the event. A non-refundable fee as set by the Board of County Commissioners shall accompany the request. For more information contact: Leavenworth County Department of Planning and Zoning 300 Walnut, Suite 030 Leavenworth, Kansas Fax S:\Administration\Applications\2011\Temporary Speical Use Permit application.doc Page 1 of 7

2 TEMPORARY SPECIAL USE PERMIT PROCEDURES APPLICANT RESPONSIBILITIES: Omission of any of the following items may delay the review and processing of the application. A. A complete application form. (Attachment A) B. Legal Description and common street address of the property. C. Payment of filing fee. Make check payable to Leavenworth County Planning and Zoning Department. D. Letter of Authorization if not the legal owner of the property (Attachment B) E. Site Development Plan (Attachment C) F. A written narrative description (see Attachment D) G. Applicant or applicant s representative MUST attend the Board of County Commission Hearing. DEADLINE: All application materials MUST be submitted at least 10 days before a scheduled Board of County Commission hearing date. PLANNING DEPARTMENT PROCEDURES Department offices: Directors from various departments will receive the application and will be asked to provide comments to the request. Board of County Commissioners (BOCC): The Planning and Zoning Department will schedule a hearing before the BOCC, which is responsible for hearing the Temporary Special Use Permit request. All Temporary Special Use Permits are issued for a specific time period. The Board of County Commissioners can approve shorter or longer time limits. Board of County Commissioner s Guidelines for Issuance of Temporary Special Use Permits The following temporary uses are permitted in any district upon review and finding of the Board of County Commissioners that the proposed use is in the public interest. The use shall be approved for a specific shortterm duration. 1. Batching plant, asphalt or Portland cement concrete. 2. Construction building or construction materials yard. 3. Flea market, swap meet, but not including garage sales, flea markets, farm sales, auctions or swap meets of non-profit organizations. 4. Concerts. 5. Movie or video filming operations involving a combined cast, crew and extras of greater than ten (10) persons, except that one (1) permit may be acquired for a single movie or video filming operation at different locations over a six (6) month period provided the applicant informs the Sheriff s Office of each filming location twenty-four (24) hours prior to commencing filming operations. 6. All other temporary uses that are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses. The Board of County Commissioners may issue a temporary use permit without the requirements of public hearing. The Board of County Commissioners shall set the conditions and effective time period for each temporary use request. S:\Administration\Applications\2011\Temporary Speical Use Permit application.doc Page 2 of 7

3 TEMPORARY SPECIAL USE PERMIT APPLICATION Leavenworth County Planning Department 300 Walnut, Suite 30 Leavenworth, Kansas Application No. Township Date Received APPLICANT/AGENT INFORMATION NAME ADDRESS CITY/ST/ZIP Office Use Only BOCC Hearing Date Date Paid OWNER INFORMATION NAME ADDRESS CITY/ST/ZIP PHONE Fax PHONE Fax CONTACT PERSON CONTACT PERSON PROPOSED USE INFORMATION Present Zoning District Present Land Use Hours of operation Days Mon Tues Wed Thurs Fri Sat Sun # of employees Family Members? Live on Site? If use is to be operated by someone other than the applicant or owner, give name and address Reason for Requesting Temporary Special Use Permit PROPERTY INFORMATION Legal Description Address of Property Site Size Present Improvements or structures CAMA Number I, the undersigned am the (circle one) owner, duly authorized agent, of the aforementioned property situated in the unincorporated portion of Leavenworth County, Kansas. By execution of my signature, I do hereby officially apply for a Conditional Use Permit as indicated above. Signature Date ATTACHMENT A S:\Administration\Applications\2011\Temporary Speical Use Permit application.doc Page 3 of 7

4 I/WE OWNER AUTHORIZATION, hereby referred to as the Undersigned, being of lawful age, do hereby on this day of, 20, make the following statements, to wit: 1. I/We the Undersigned, on the date first above written, am the lawful, owner(s) in fee simple absolute of the following described real property See Exhibit A attached hereto and incorporated herein by reference. 2. I/We the undersigned, have previously authorized and hereby authorize (Hereinafter referred to as Applicant ), to act on my/our behalf for the purpose of making application with the Planning Office of Leavenworth County, Kansas, (common address) the subject real property, or portion thereof, and which authorization includes, but is not limited to, all acts or things whatsoever necessarily required of Applicant in the application process. 3. I/We the Undersigned, hereby agree to protect, defend, indemnify and hold the Board of County Commissioners of Leavenworth County, Kansas, its officers employees and agents (hereinafter collectively referred to as the County ), free and harmless from and against any and all claims, losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities, whether false, fraudulent, meritless or meritorious, of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character (hereinafter claims ), in connection with, relating to, or arising directly or indirectly our of this authorization and the actions taken by the Applicant and the County in reliance thereof. I, the Undersigned, hereby further agree to investigate, handle, respond to, provide defense for and defend any such claims at my sole expense and agree to bear all other costs at my sole expense and agree to bear all other costs and expenses related thereto, even if such claims are groundless, false or fraudulent. 4. It is understood that in the event the Undersigned is a corporation or partnership then the individual whose signature appears below for and on behalf of the corporation or partnership has in fact the authority to so bind the corporation or partnership to the terms and statements contained within this instrument. IN WITNESS THEREOF, I, the Undersigned, have set my hand and seal below. Owner Owner STATE OF KANSAS COUNTY OF LEAVENWORTH The foregoing instrument was acknowledge before me on this day of, 20, by. My Commission Expires: Notary Public ATTACHMENT B S:\Administration\Applications\2011\Temporary Speical Use Permit application.doc Page 4 of 7

5 STREET SAMPLE SITE PLAN Development Plan: A site development plan must be submitted as part of a Temporary Special Use Permit application. The development plan must indicate how the proposed use would satisfy the screening, setback, signage, and other such conditional use performance and development standards and zoning regulations as specified for the particular conditional use listed herein. Property line Customer Parking and Vehicle 36 X54 BUILDING STREET NAME North Scale 1 =30 Location Site Address Display Area Decorative Fence Landscaping Area of No vehicular Access to Street Existing Driveways Customer parking and vehicle storage ATTACHMENT C S:\Administration\Applications\2011\Temporary Speical Use Permit application.doc Page 5 of 7

6 WRITTEN NARRATIVE REQUIREMENTS Written Narrative Description: A written narrative description of the proposed use must be submitted that addresses: The hours of operation, traffic routes and expected traffic volumes, staffing levels, methods of operation, and off-street parking. The number of months/years for which the permit is requested The number of months the use is projected to be and whether the character of the use would tend to be seasonal or vary during the duration of the permit. The reasons that appear to make the site in question appropriate for the proposed use. Whether and the extent to which the use could cause pollution The steps to be taken to cause the use to be compatible with other parcels of real property near the site in question. Any other such reasonable information about the proposed use that would be necessary or helpful for the impacts of the proposed use to be fully evaluated and considered. Attachment D Leavenworth County Planning and Zoning Temporary Use Permit Procedures Application Page 6 of 7

7 WAIVER TO PRE-APPLICATION MEETING Applicant s Name Telephone Mailing Address: I owner of the following property(ies) hereby agree not to attend a pre-application meeting to discuss matters concerning the property prior to filing of the preliminary plat as stated in Article 35, Section 20, item 7 in the County s Zoning and Subdivision Regulations. By signing this form, I accept all consequences and agree to not hold the County liable for information I did not receive prior to the application process. COUNTY OF LEAVENWORTH STATE OF KANSAS BE IT REMEMBERED, that on this day of, 20, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared to me personally known to be the same person(s) who, having been duly sworn and upon their oath, executed the above and foregoing instrument of writing, and duly acknowledged the execution of the same. SEAL: Notary Public My Appt. expires Leavenworth County Planning and Zoning Temporary Use Permit Procedures Application Page 7 of 7