HomeMy WebLinkAboutExhibit I - Staff Memo1 | P a g e PROJECT INFORMATION AND STAFF ANALYSIS TYPE OF REVIEW: Text Amendment to the Unified Land Use Resolution of 2008, as Amended, known as the Phase II: Targeted Code Improvements
Articles 1 -16. File No. TXTP 7439 and TXTP 7370 APPLICANT: Board of County Commissioners DATE: May 7, 2013 I. PROPOSAL DESCRIPTION The Board of County Commissioners (“Board”) has requested
an amendment to the Unified Land Use Resolution of 2008, as amended (“ULUR”) for all Articles of the Code based upon the document title “Phase II: Targeted Code Improvements to Improve
Efficiency and Reduce Barriers to Economic Development” as recommended by the Advisory Committee on the Land Use Code for Garfield County “Code Committee”). II. BACKGROUND The Articles
in this binder are the final recommendation from the Planning Commission for the Phase II Targeted Code Improvements to the ULUR, to Improve Efficiency and Reduce Barriers to Economic
Development. As originally expressed by the Phase I Assessment Report, the overall county goal in this project was to: 1) Eliminate unnecessary regulatory barriers that may discourage
economic development, 2) Streamline development procedures, 3) Make the overall code more efficient, and 4) Ensure the document is user-friendly. This project was the direct result of
one of the Board of County Commissioner’s (Board) 2011 Directives set in January, 2011 that included the need to examine regulatory barriers to existing businesses and their potential
to expand in Garfield County as a key element in the Board’s economic development strategy. In August 2012, the Board successfully adopted Phase I of the Targeted Code Revisions which,
in summary significantly reduced redundancy in the Code as well as made the document more user-friendly. Phase I was initiated with a series of over 70 interviews conducted to help diagnose
the issues in the Code. Phase II followed with the formal appointment of a Code Committee to conduct a second round of improvements in the Code; the Code Committee began to meet in April
2012. The Code Committee completed their redline recommendations of Articles 1-8 and presented them to the Board on September 12, 2012. Their work on Articles 8-16 was presented to the
Board on November 6, 2012. At the September 12 and November 6 meetings, the Board initiated a formal text amendment process based on the Code Committee’s recommendations.. The Planning
Commission began its review on October 24, 2012. After 11 meetings and an estimated 30 hours of review and deliberation, the
2 | P a g e Planning Commission has provided the Board with their recommendation that was unanimously approved by the Planning Commission at their March 13, 2013 meeting. Phase I: Targeted
Code Improvements reduced the Code by 123 pages. The Planning Commission’s Phase II: Targeted Code Improvements recommend an additional deletion of 94 pages, for a total reduction of
217 pages from the Unified Land Use Resolution of October 13, 2008, as amended. This is an overall reduction of 43% in the size of the Code. (See the chart below.) Article ULUR 2008
Phase I Pages changed from ULUR Phase II Pages changed from Phase I Pages changed from ULUR Article 1 12 12 --9 (3) (3) Article 2 4 4 --3 (1) (1) Article 3 34 21 (13) 28 7 (6) Article
4 82 43 (39) 46 3 (36) Article 5 54 26 (28) 21 (5) (33) Article 6 13 13 --8 (5) (5) Article 7 140 102 (38) 54 (48) (86) Article 8 20 20 --16 (4) (4) Article 9 8 8 --6 (2) (2) Article
10 6 6 --3 (3) (3) Article 11 16 16 --9 (7) (7) Article 12 8 8 --6 (2) (2) Article 13 4 4 --3 (1) (1) Article 14 60 60 --46 (14) (14) Article 15/16 48 43 (5) 34 (9) (14) Total Pages
509 386 (123) 292 (94) (217) III. SUMMARY OF PLANNING COMMISSION’S RECOMMENDATION. Staff has provided a brief summary of the proposed changes made to the Code in the Phase II: Targeted
Code Improvements, as follows: Article 1: General Administration (1-101) Change to Land Use and Development Code and Repeal ULUR (1-104) Clarified when building permits can be issued
(1.107.C) Clarified how time is computed (generally business days). (Division 2, Previous) Moved Vested Property Rights to Article 2 (1-204-207) Added Powers and Duties for Director,
Building Official, Floodplain Administrator and Enforcement Official (All) Grammatical Corrections and Organizational Changes Article 2: Land Use Change Permits. (2-102) Clarified
when a Land Use Change Permit is required or exempted (2104, Previous) Incorporated exempted uses into the Use Table (2-105) Clarified how amendments to previous approvals are processed
(2-202) Incorporated Vested Property Rights into this Article from Article 1 (All) Grammatical Corrections and Organizational Changes Article 3: Zoning (3-102.A.) Clarified the
applicability of the Floodplain Overlay (3-102.C.) Revised the Airport Influence Overlay (3-301) Incorporated new FEMA and CWCB Floodplain Standards and clarification of restricted
uses, including new Alteration of a Watercourse (H) and Critical Facilities (I) provisions
3 | P a g e (3-402) Revised Airport/Heliport Influence Area Overlay Regulations (3-503, Use Table) Multiple changes to the level of review for specific uses (3-503, Use Table)
Added new uses including: o Animal Processing, and o Aircraft, Ultralight Operation (3-503, Use Table) Modified Uses including: o Riding Stable, Private, o Building Material or Lumber
Yard or Garden Store, o Bulk Sales of LPG and CNG, o Vehicle Safety Area, o Water Impoundment, and o Professional Office, Temporary (3-503, Use Table) Deleted Uses including: o Riding
Stable, Commercial o Agricultural Products, Retail Outlet, Commercial, o Agricultural Operations, Accessory, o Arts and Crafts Studio, o Bakery, Commercial, o Electronic, Mechanical
and Plumbing Supplies, o Lodging Facilities, Major, and o Laydown Yard (All) Grammatical Corrections and Organizational Changes Article 4: Application and Procedures (4-101.) Clarified
Common Review Procedures, including Written Notice of Extension of time (B.4.), Review by Referral Agency (C), (4-101.H). Revised Duration and Expiration of Conditional Approval and
Plat Approvals. (4-101.I.) Revised Extension of Conditional Approval (4-102, Table) Modified to reflect changes in processes for 4-103 through 4-118) (4-103) Modified of Administrative
Review process in regard to Determination of Completeness, and timeline for Notice and Decision. (4-106) Modified Amendments to an Approved Land Use Change Permit (4-107) Removed
process for Area Wide Development Plan from Minor Temporary Housing Facility (4-109) Revised Development in 100-year Floodplain (4-110) Added new process for Development in the 100-year
Floodplain Variance (4-111) Modified Location and Extent Review process (4-112) Modified Call-Up to the BOCC process (4-113) Clarified Rezoning process (4-114, Previous) Deleted
process for Designation of Floodway or Flood Fringe Area (4-116) Added process for Administrative Interpretation (4-118) Clarified process for waiver of Standards (4-119) Added
new process for Accommodation Pursuant to the Federal Fair Housing Act (4-201, Table) Modified to reflect changes in Submittal requirements (4-203.B.) Modification to General Application
Materials (4-203.E.) clarification of the Spill Prevention and Countermeasures Plan (4-203.I.) Clarified submittal of Mineral Owner’s information in the Impact Analysis (4-203.K.)
Combined the Improvements agreement section with Article 5 Improvement’s Agreement and revised. (4-203.M.1.b.5.c) Revision of water quality testing requirements for individual wells
4 | P a g e (4-203.M.2.) Moved water distribution information from Article 7. Combine information (4-203.N.) Moved wastewater management information from Article 5 and 7. Combined
information (4-203.N.b.) Changed ISDS to On-Site Wastewater Treatment System (OWTS) per State permitting (4-203.O.) Moved Floodplain Analysis information from Article 3. (4-301.)
Modified Minor Temporary Housing Facility (4-303, Previous) Moved Land Use in Floodplain Overlay District to Article 3 (4-303, Previous) Moved Land Use in Airport/Heliport Influence
Area Overlay District to Article 3 (All) Grammatical Corrections and Organizational Changes Article 5: Divisions of Land (5-102.G.) Clarified Certain Leasehold Interests (5-102,
Table) Modified based on revised review procedures (5-202) Updated review criteria (5-203) Deleted Minor and Major Exemption process (5-203) Removed redundancy in process and criteria
for Rural Land Development Exemption (5-301) Added new Minor Subdivision Review process (3 lots, no prequalification date) (5-302) Removed redundancy from Major Subdivision Final
Plan/Plat process (5-304) Modified Amendments to An Approved Preliminary Plan to be consistent with 4-106, LUCP amendments (5-306) Modified Common Interest Community Subdivision
to make consistent with state law (5-401, Table) Modified based on submittal requirements (5-402) Removed redundancy from Article 4 Submittal Requirement descriptions (5-402.I)
Added new Codes, Covenants and Restrictions submittal requirement (All) Grammatical Corrections and Organizational Changes Article 6: Planned Unit Developments Complete revision
of the previous ULUR section Incorporated Colorado Revised Statues provisions (6-203) Simplified procedure and submittal information for PUD Amendments (6-302) Separated PUD from
Subdivision submittal requirements and minimized submittal requirements (6-401) Consolidated Development Standards Article 7: Standards (All) Grammatical Corrections and Organizational
Changes Division 1 (7-104) Added exception for land uses that do not require water (7-105.A.3) Moved to Article 4 Submittal Requirements (7-105.B.3) Moved to Article 4 Submittal
Requirements (7-106) Moved from 7-309 Utility Standards and revised (7106.C and G) Deleted redundancy (7-107) Moved from 7-308 Roadway Standards and revised (7-108) Moved from
7-403 Fire Protection and revised Division 2 (7-203) Deleted all provisions for Protection of Wetland and Waterbodies (7-204) Deleted specific provision for Water Quality protection
(7-209) Deleted specific provisions for Wildlife Hazards
5 | P a g e (7-211) Deleted all provision for Areas with Archeological, Paleontological or Historical Importance Division 3 (7-301.B.4.) Moved to Access and Roadways, 7-107 (7-301.F)
Deleted provision for Building Scale (7-302) Deleted all provisions for Building Design (7-303) Deleted all provisions for Design and Scale of Development (7-304.D) Deleted provision
for Prohibited Uses of Required Spaces (7-305) Deleted specific provisions for Landscaping Standards (7-308) Moved to Access and Roadways, 7-107 (7-309.A) Modified provision in
regard to Recreational and Community Facility Access (7-309, Previous) Moved to 7-106, Public Utilities Division 4 (7-401) Deleted specific provisions in regard to General Subdivision
Standards (7-401.D) Moved Development in Floodplain from Article 3 (7-402) Deleted specific provisions for Subdivision lots (7-403) Deleted specific provisions, retained general
Fire Protection provision in 7-108 (7-405.B.2) Deleted provision for dedication of Open Space/Park Dedication (7-406.B-D) Moved information to User’s Manual Division 5 and 6 (7-501.B.)
Deleted provision for Unbuildable Areas Due to Site Constraints (7-601) Moved provision for Floodplain Overlay to Article 3 Division 7 (7-701, Previous) Deleted Agriculture standard
(7-702) Added new standard for Animal Processing 7-703) Revised standards for Kennels (7-704) Deleted all standards for Riding Stables Division 8 (7-801) Revised standards for
Manufactured Home Park (7-802.D.1.c) Deleted standard for Group Home Facilities in Industrial Districts Division 9 (7-901) Added new standard for Ultralight Aircraft (7-902) Revised
standards for Aircraft Landing Strip or Helistops (7-903) Revised standards for Airports and Heliports (7-903) Deleted standards for Community Meeting Facility Division 10 (7-1001)
Deleted general standards for Commercial Uses (7-1003) Deleted standards for Arts and Crafts Studio (7-1005) Revised standards for Campgrounds/Recreational Vehicle RV Park Division
11 (7-1101) Revised general standards for Industrial Uses (7-1102) Revised or deleted standards for Gravel Extraction (7-1103) Revised standards for Mining and Other Extraction
Uses (7-1104, Previous) Deleted standards for Storage Areas and Facilities (7-1104) Revised Recycling Collection Center standards (7-1106) Revised Solid Waste Disposal Site and
Facility (7-1201, Previous) Moved standards for Public Utilities to 7-106 (7-1201) Revised and deleted standards for Solar Energy Systems (7-1203) Revised and deleted standards
for Telecommunication Facilities (7-1204.B.) Deleted standard for Water Reservoir
6 | P a g e (7-1301) Revised standards for Accessory Uses (7-1302.A.) Revised standard for Accessory Dwelling Uses. Moved to Division 8 (7-1303) Deleted standards for Agricultural
Retail Sales, Accessory (7-1304) Revised standards for Home Office/Business. Moved to Division 8 (7-1401) Revised standards for Temporary Housing Facilities, Major. Moved to Division
8 (7-1402) Revised standards for Temporary Housing Facilities, Minor. Moved to Division 8 (7-1403) Revised standards for Temporary Housing Facilities, Small. Moved to Division 8
Article 8: Affordable Housing Changed name to Inclusionary Zoning for Housing (All) Grammatical Corrections and Organizational Changes Article 9: Pipelines (9-101, Previous) Deleted
redundant provision in Purpose (9-101) Clarified Applicability in regard to municipal or public lands (9-102) Clarified Submittal Requirements (9-103) Provided entire review process
instead of cross-referencing the Administrative Review Process in which it had deviations (9-104) Deleted specific Review Criteria (9-105, Previous) Moved to Process Section (9-106,
Previous) Moved to Process section (9-105) Clarified Enforcement and Violations are subject to Provisions of Article 12 (9-109) Deleted, replaced with 9-105 language (All) Grammatical
Corrections and Organizational Changes Article 10 Changed name to Nonconforming Land Uses and Structures Reorganized sections to provide separate areas for Nonconforming Structures
and nonconforming land uses (10-102.C.) Added language about reconstruction and discontinuation of nonconforming uses (10-105) Modified timeline for determination of abandonment
from 6 months to 2 years (All) Grammatical Corrections and Organizational Changes Article 11 (11-101, Previous) Deleted redundant provisions (11-102) Clarified Sign Size Measurement
(11-103, Previous) Deleted Prohibited signs and transferred information into Standards (11-103) Modified Exempt signs, specifically: o Residential Signs (3) o Vehicles Signs (4),
o Directional Traffic Signs (5), and o Ideological Signs (7) (11-104) Modified Temporary Signs and Standards (11-107) Deleted PUD or Subdivision signs, addressed in Article 5 and
Article 7 (11-108) Deleted Public Airport Signs, addressed in Article 3 (11-201) Clarified process for sign permits (11-202) Deleted Variance process, addressed in Article 4
(11-202) Modified General Sign Standards, Consolidated with Prohibited Signs (11-203, Table) Revised Table and revised size for some types of signs (11-303.C) Clarified Violations
are subject to Article 12
7 | P a g e (All) Grammatical Corrections and Organizational Changes Article 12: Enforcement, Violations, Penalties and Appeals (12-102.C) Added Signs to the Enforcement provisions
consistent with Article 11 (12-106) Revised to make consistent with Colorado Revised Statutes (All) Grammatical Corrections and Organizational Changes Article 13 (13-103.B) Moved
from previous 13-107 (13-106) Clarified process for Public Hearing and Action by the BOCC (All) Grammatical Corrections and Organizational Changes Article 14 (14-103.B.2 and 3)
Added two new Activities of State Interest to be reviewed by the County (14-104) Deleted specific exemptions in regard to the Airports or Heliports (14-201) Deleted redundant definitions
to those in Article 15 (14-407) Revised Submittal Requirements for Airports or Heliports (14-408) Revised Submittal Requirements for Land Uses around Airports or Heliports (14-604)
Revised Approval Standards for Site Selection of Airport or Heliports (14-605) Revised Approval Standards for Areas around Airports or Heliports (All) Grammatical Corrections and
Organizational Changes Article 15 This Article was previously reserved. The previous Article 16 Definitions has become Article 15. (15-101) Added several acronyms (15-102) Revised,
moved or deleted multiple Definitions (All) Grammatical Corrections and Organizational Changes IV. STAFF ANALYSIS – ULUR CRITERIA FOR A TEXT AMENDMENT Section 4-113 outlines the procedures
and criteria for consideration of a Land Use Code Text Amendment request to the ULUR. The criteria for approval of a Land Use Code Text Amendment are as follows: a. General conformance
with Comprehensive Plan and in compliance with any applicable Intergovernmental Agreements. The Comprehensive Plan has been designed to ensure that land use decision-making in the County
is 1) responsive to community goals and objectives, 2) Respects the sensitive ecosystems within the county’s jurisdiction, 3) does not unduly burden the county with service inefficiencies,
4) does not infringe on a private property owner’s right to develop his/her land, and 5) protects the overall public health, safety and welfare of county residents (Comprehensive Plan
2030, Page 14). There are no intergovernmental agreements impacted by the proposed text amendment. b. Compliance with Statutory Provisions. The Colorado Revised Statute Title 30, Article
28, Section 133, as amended, provides for the approval of subdivision plans and plats, and the adoption of regulations governing such plans and plats by the Board of County Commissioners
for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the County’s subdivision regulations may be
8 | P a g e amended by the Board of County Commissioners from time to time. This proposed text amendment is in compliance with this statutory provision. V. PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the proposed text amendment at public hearings held October 24, 2012, November 7, 2012, November 8, 2012, November 14, 2012, November 28, 2012, December
12, 2012, January 9, 2013, January 23, 2013, February 13, 2013, February 27, 2013 and March 13, 2013. At the March 13, 2013 meeting, the Planning Commission voted unanimously (7-0) to
recommend approval of the proposed text amendment with modifications provided in the document: Phase II: Targeted Code Improvements to Reduce Barriers to Economic Development, Clean
Version. VI. BOARD OF COUNTY COMMISSIONER FINDINGS AND ACTION The Board should review the recommendation, conduct a public hearing and motion to continue, deny, modify or approve this
text amendment. If approved, the Board must make a finding of compliance with the criteria for a text amendment Section 4-113(C)(1) and (2)., and authorize the Chair to sign the attached
resolution approving this text amendment and thereby repealing the Unified Land Use Resolution of 2008, as amended and adopting the Garfield County Land Use and Development Code. VII.
SUBSEQUENT DISCUSSION AND POLICY DIRECTION In addition to the revisions to the actual code, both the Code Committee as well as the Planning Commission provided several recommended future
policy actions that they believed would help the usability and relevance of the land use code. Both groups recommended the Board move forward with the following projects. Staff would
like direction from the Board as to how to proceed with these additional policy-related projects. Adopt Mineral Extraction Master Plan Update Fee Schedule Update Traffic Impact
Study and associated nexus study Update School Land Dedication and in-lieu fees
