HomeMy WebLinkAboutExhibit J - BOCC PresentationGarfield County, Colorado Uniform Land Use Regulations
Unified Land Use Resolution PHASE II: Targeted Code Improvements to Improve Efficiency and Reduce Barriers to Economic Development May 7, 2013
Background •Phase I April 2011 -August 2012 •Phase II April 2012 -Present •Appointed Code Committee •Code Committee Recommendations 1-8 September 2012 •Code Committee Recommendation
8-16 November 2012 •BOCC initiated text amendment November 2012 •PC completed text amendment recommendation March 2013
Objectives •Eliminate unnecessary regulatory barriers that may discourage economic development; •Streamline development procedures; •Make the overall code more efficient; and •Ensure
the document is user-friendly.
Code Committee Approach •Initial Code Committee observations included: -Internal contradictions and unfriendly layout within the Code -Expense and a time consuming process cited as major
concerns -Concerns regarding the “front loading” of application requirements •Identification of three primary areas of work -Application requirements for Land Use Change Permits -Process
for getting Land Use Change Permits approved -Contents and Standards of the Code
Planning Commission Approach •Reviewed and built upon Code Committee Recommendations •Ensured processes and standards are appropriate •Reduced additional redundancy •Substantial organizational
changes •Reviewed for legal soundness, enforceability, and risk reduction
Overview •Phase I eliminated 123 pages •Phase II eliminated 94 pages •Combined Phase I and Phase II reduced by 217 pages …..A 43% reduction in the length of the code
Article 1 General Administration •Repeal ULUR. Rename to Land and Use and Development Code (1-101) •Clarified when building permits can be issued (1-104) •Clarified how time is computed
(business days) (1.107.C) •Moved Vested Property Rights to Article 2 •Added Powers and Duties for Director, Building Official, Floodplain Administrator and Enforcement Official (1-204-207)
Article 2 Land Use Change Permit •Clarified when a Land Use Change Permit is required or exempted (2-102) •Incorporated exempted uses into the Use Table (2-104, Previous) •Clarified
how to make amendments to previous approvals (2-105) •Incorporated Vested Property Rights from Article 1 (2-202)
Article 3 Zoning •Clarified the applicability of the Floodplain Overlay (3-102.A.) •Incorporated new FEMA and CWCB Floodplain Standards and clarification of restricted uses, including
new sections: (3-301) • Alteration of a Watercourse (H) •Critical Facilities (I) provisions •Revised the Airport/Heliport Influence Overlay (3-102.C. and 3-402)
Article 3: Zoning •Use Table •Multiple changes to the level of review for specific uses •Added new uses including: •Animal Processing •Aircraft, Ultralight Operation •Modified Uses including:
•Riding Stable, Private •Building Material or Lumber Yard or Garden Store •Bulk Sales of LPG and CNG •Vehicle Safety Area •Storage •Water Impoundment •Professional/Sales Office, Temporary
•Retail Facility, General
Article 3 Zoning •Deleted Uses including: •Riding Stable, Commercial •Agricultural Products, Retail Outlet, Commercial, •Agricultural Operations, Accessory, •Arts and Crafts Studio,
•Bakery, Commercial, •Electronic, Mechanical and Plumbing Supplies, •Lodging Facilities, Major, and •Laydown Yard •Fraternal Lodge •Electronic, Mechanical, plumbing supplies •Industrial
Equipment, Vehicles sales and leasing •Storage supplies, Machinery, Equipment or Products •Storage/warehousing of materials
Article 3 Zoning
Article 4 Application and Procedures •Modified Common Review Procedures and Table (4-102) •Written Notice of Extension of time (B.4.), •Review by Referral Agency (C) (4-101.) •Duration
and Expiration of Conditional Approval and Plat Approvals (4-101.H). •Extension of Conditional Approval (4-101.I.) •New Processes: •Development in the 100-year Floodplain Variance (4-110)
•Administrative Interpretation (4-116) •Accommodation Pursuant to the Federal Fair Housing Act (4-119)
•Revised, Modified or Clarified Processes: •Administrative Review (4-103) •Amendment to an Approved Land Use Change Permit (4-106) •Development in the100-year Floodplain (4-109) •Location
and Extent Review (4-111) •Call-Up to the BOCC (4-112) •Rezoning process (4-113) •Waiver of Standards (4-118) •Minor Temporary Housing (4-301) •Deleted Processes: •Designation of Floodway
or Flood Fringe Area (4-114, Previous) Article 4 Application and Procedures
•Modified Submittal Information and Table (4-201) •General Application Materials (4-203.B.) •Spill Prevention and Countermeasures Plan (4-203.E.) •Mineral Owner’s information (4-203.I.)
•Improvement’s Agreement (4-203.K.) •Water quality testing requirements (4-203.M.1.b.5.c) •Water distribution information (4-203.M.2.) •Wastewater management (4-203.N.) •ISDS to On-Site
Wastewater Treatment System (OWTS) (4-203.N.b.) •Relocated Sections •Floodplain Analysis information from Article 3. (4-203.o) •Land Use in Floodplain Overlay District to Article 3 (4-303)
•Land Use in Airport/Heliport Influence Area Overlay District to Article 3 (4-303) Article 4 Application and Procedures
•Deleted Processes: •Minor Exemption •Major Exemption •New Process: •Minor Subdivision (5-301) Article 5 Divisions of Land
•Revised Processes and Updated Table (5-102): •Removed redundancy in process and criteria for RLDE (5-203) •Removed redundancy from Major Subdivision Final Plan/Plat process (5-302)
•Amendments to An Approved Preliminary Plan to be consistent with 4-106 (5-304) •Common Interest Community Subdivision to make consistent with state law (5-306) •Clarified Certain Leasehold
Interests (5-102.G.) • Updated review criteria (5-202) •Revised Submittal Information and Table (5-401): •Removed redundant submittal requirements (5-402) •Added new Codes, Covenants
and Restrictions submittal requirement (5-402.I) Article 5 Divisions of Land
Article 6 Planned Unit Developments •General •Complete revision of the previous ULUR section •Incorporated Colorado Revised Statues provisions •Separated PUD from Subdivision submittal
requirements and minimized submittal requirements (6-302) •Process: •Simplified procedure and submittal information for PUDs (202) •Simplified procedure and submittal information for
PUD Amendments (6-203) •Standards: •Consolidated Development Standards (6-401) •Removed standards for 25% open space dedication
•Division 1, General Approval Standards: •Added exception for land uses that do not require water (7-104) •Moved water distribution submittal requirements to Article 4 (7-105.A.3) •Moved
wastewater system submittal requirements to Article 4 (7-105.B.3) •Combined all utility standards from 7-309 (7-106) •Deleted redundancy (7106.C and G) •Combined all road and access
standards from 7-308 and revised (7-107) •Moved from 7-403 Fire Protection and revised (7-108) Article 7 Standards
•Division 2, General Resource Protection Standards: •Deleted all provisions for Protection of Wetland and Waterbodies (7-203) •Deleted specific provision for Water Quality protection
(7-204) •Deleted specific provisions for Wildlife Hazards (7-209) •Deleted standard for Areas with Archeological, Paleontological or Historical Importance (7-211) Article 7 Standards
•Division 3, Site Planning and Development Standards: •Moved to Access and Roadways, 7-107 (7-301.B.4.) •Deleted standards for Building Scale (7-301.F) •Deleted standards for Building
Design (7-302) •Deleted standards for Design and Scale of Development (7-303) •Deleted standards for Prohibited Uses of Required Spaces (7-304.D) •Deleted specific provisions for Landscaping
Standards (7-305) •Moved to Access and Roadways, 7-107 (7-308) •Modified standard for Recreational and Community Facility Access (7-309.A) •Moved to Public Utilities to section 7-106
(7-309, Previous) Article 7 Standards
•Division 4, Subdivision Standards and Design Specifications: •Deleted specific provisions in regard to General Subdivision Standards (7-401) •Moved Development in Floodplain from Article
3 (7-401.D) •Deleted specific provisions for Subdivision lots (7-402) •Deleted specific provisions, retained general Fire Protection provision in 7-108 (7-403) •Deleted provision for
dedication of Open Space/Park Dedication (7-405.B.2) •Moved Traffic Impact Fee information to User’s Manual (7-406.B-D) Article 7 Standards
•Division 5, Standards Applicable to Conservation Subdivisions: •Deleted provision for Unbuildable Areas Due to Site Constraints (7-501.B.) •Division 6, Standards for Agricultural and
Animal-Related Uses: •Previously Standards for Overlay Districts, moved to Article 3 •Deleted Agriculture standard (7-701, Previous) •Added new standard for Animal Processing (7-702)
•Revised standards for Kennels (7-703) •Deleted all standards for Riding Stables (7-704) •Deleted standards for Agricultural Retail Sales, Accessory (7-1303) •Division 7, Standards for
Residential Uses: •Revised standards for Manufactured Home Park (7-801) •Deleted standard for Group Home Facilities in Industrial Districts (7-802.D.1.c) •ADU increased to 3,000 sq.ft
for lots 4,000 sq.ft or larger (7-701, Clean) (7-1302.A.) •Modified Home Office/Business standards (7-702, Clean) (7-1304) •Revised standards for all Temporary Housing Facilities and
moved to Division 7 (7-1401, 1402, 1403) Article 7 Standards
•Division 8, Standards for Public/Institutional Uses: •Added new standard for Ultralight Aircraft (7-901) •Revised standards for Aircraft Landing Strip or Helistops (7-902) •Revised
standards for Airports and Heliports (7-903) •Deleted standards for Community Meeting Facility (7-903) •Division 9, Standards for Commercial Uses: •Deleted general standards for Commercial
Uses (7-1001) •Deleted standards (and use) for Arts and Crafts Studio (7-1003) •Revised standards for Campgrounds/Recreational Vehicle RV Park (7-1005) Article 7 Standards
•Division 10, Standards for Industrial Uses: •Revised general standards for Industrial Uses (7-1101) •Revised or deleted standards for Gravel Extraction (7-1102) •Revised standards for
Mining and Other Extraction Uses (7-1103) •Deleted standards for Storage Areas and Facilities (7-1104, Previous) •Revised Recycling Collection Center standards (7-1104) •Revised Solid
Waste Disposal Site and Facility (7-1106) •Moved standards for Public Utilities to 7-106 (7-1201, Previous) •Deleted standards for Solar Energy Systems, Small and Large (7-1201) Article
7 Standards
•Division 11, Standards for Utilities: •(7-1203) Revised and deleted standards for Telecommunication Facilities •(7-1204.B.) Deleted standard for Water Reservoir •Division 12, Standards
for Accessory Uses: •(7-1301) Revised standards for Accessory Uses Article 7 Standards
•Changed name to Inclusionary Zoning for Housing Article 8 Affordable Housing
•Deleted : •Redundant provision in Purpose (9-101, Previous) •Deleted 9-109 and Replaced with 9-105 language •Specific Review Criteria (9-104) •Moved: •Process Section (9-105, Previous)
•Process Section (9-106, Previous) •Clarified: •Enforcement and Violations are subject to Provisions of Article 12 (9-105) •Submittal Requirements (9-102) •Applicability in regard to
municipal or public lands (9-101) •Outlined full review process (9-103) Article 9 Pipelines
•Changed name to Nonconforming Land Uses and Structures •Reorganized sections to provide separate areas for Nonconforming Structures and nonconforming land uses •Added language about
reconstruction and discontinuation of nonconforming uses (10-102.C.) •Modified timeline for determination of abandonment from 6 months to 2 years (10-105) Article 10 NonConforming Land
Uses and Structures
•Clarified •Sign Size Measurement in regard to double-faced signs (11-102) •Deleted: •Prohibited signs and transferred information into Standards (11-103, Previous) •Redundant provisions
(11-101, Previous) •Modified Exempt signs, specifically (11-103): •Residential Signs (3) •Vehicles Signs (4) •Directional Traffic Signs (5) •Ideological Signs (7) Article 11 Signs
•Modified: •Temporary Signs and Standards, including (11-104) •Temporary political signs •Garage sale signs •Community event signs •Process for sign permits (11-201) •Sign Table •Size
standards for some types of signs (11-203, Table) •Deleted: •PUD or Subdivision signs (11-107) •Deleted Public Airport Signs, addressed in Article 3 (11-108) •Deleted Variance process,
addressed in Article 4 (11-202) •Clarified: •Violations are subject to Article 12 (11-303.C) •General Sign Standards, Consolidated with Prohibited Signs (11-202) Article 11 Signs
•Added Signs to the Enforcement provisions (12-102.C) •Made consistent with Colorado Revised Statutes (12-106) Article 12 Enforcement, Violations, Penalties and Appeals
•Moved from previous 13-107 (13-103.B) •Clarified process for Public Hearing and Action by the BOCC (13-106) Article 13 Financial Guarantees
•Added: •New Activities of State Interest to be reviewed by the County (14-103.B.2 , 3) 1.Site selection and development of solid waste disposal sites 2.Site selection and construction
of major new domestic water and sewage treatment systems and major extensions •Deleted: •Specific exemptions in regard to the Airports or Heliports (14-104) •Deleted definitions to those
in Article 15 (14-201) •Revised: •Submittal Requirements for Airports or Heliports (14-407) •Submittal Requirements for Land Uses around Airports or Heliports (14-408) •Approval Standards
for Site Selection of Airport or Heliports (14-604) •Approval Standards for Areas around Airports or Heliports (14-605) Article 14 Areas and Activities of State Interest
•Added several acronyms (15-101) •Revised, moved or deleted multiple Definitions (15-102) Article 15 Definitions
Staff Analysis a. General conformance with Comprehensive Plan and in compliance with any applicable Intergovernmental Agreements. b. Compliance with Statutory Provisions.
PC Recommendation •7-0 vote to approve recommendation
Additional Staff Corrections •Article 2: •Land Use Change Permits Runs with land and compliance with the code shall be binding – Provision should be reinstated to Section 2-106 •Article
3, Use Table: •Hydraulic Fracturing, Remote Surface Facility, change from P to Exempt •Oil and Gas Drilling and Production, change from P to Exempt •Laydown Yard, delete from Clean version
•Article 4: •Table 4-102 Common Review Procedures, Check box for 4-119 Accommodation, Notice. •Article 15 •Definition for Temporary Housing Facilities including small, minor and major
should be reinstated into Code (Article 15) •Modify Retail, Equipment, Machinery, Building Materials to Retail, Equipment, Machinery, Lumber yards
•Approve, Approval with modifications or Denial •Approval: 1.Finding of compliance with Section 4-113(c)1 and 2 2.Authorize the chair to sign Resolution (Repeal ULUR and adopt new Land
Use and Development Code) 3.LUDC would become effective May 15, 2013 •Approval with modification: 1.Non-Substantial 2.Substantial changes in or departures from the text recommended by
the Planning Commission must go back to the Planning Commission for review. The Planning Commission has 30 days to report back to the BOCC •Denial: 1.Revert to previously adopted ULUR
2008, as amended BOCC Findings and Action
Additional Policy Direction •Fees for new Processes •Minor Subdivision •Accommodation pursuant to Federal Fair Housing Act •Administrative Interpretation •Update Fee Schedule •Adopt
Mineral Extraction Master Plan •Update Traffic Impact Study and associated nexus study •Update School Land Dedication and in-lieu fees
