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Date: November 6, 2012 To: Garfield Board of County Commissioners From: Doug Pratte , Jeff Winston (MIG-Winston) Re: Summary of Code Committee Recommendations The following summarizes
the changes to Articles 8-16 recommended by the Code Committee to the 2008 Garfield County Unified Land Use Resolution. These recommendations complete the Code Committee review of Articles
1-16 in the ULURs that started in April of 2012. The Code Committee previously presented their Article 1-8 recommendations to the BOCC on September 12, 2012. This collaborative effort
included input from the 12-member committee, the Garfield County Building and Planning Department, the Garfield County Manager, the Garfield County Attorney, the Garfield County Housing
Authority, MIG/Winston, and the public who attended the meetings. The established goals for this effort included eliminating unnecessary regulatory barriers, streamlining development
procedures, making the code more efficient, and ensuring the documents are user friendly. The Code Committee also directed MIG/Winston to work with Garfield County Building and Planning
to develop Application Process Guides to help Land Use Change Permit applicants navigate the Code. The summary of the 2008 Unified Land Use Resolution Articles 8-16 Code Committee recommendations
is as follows: Article 8: Affordable Housing Code Committee Recommendations The Code Committee went through a lengthy review of the need for changes to the affordable housing regulations
so that the regulations do not unnecessarily burden existing and future landowners, economic development, and industry within Garfield County. Key stages of that review: • August 21,
2012 The Code Committee recommended the removal of Article 8 Affordable Housing regulations and recognizes that future regulations may need to again address affordable housing needs
in Garfield County should future residential affordability change in the County. • September 18, 2012, Geneva Powell and Catherine Grosscup of the Garfield County Housing Authority discussed
with the Code Committee that the Affordable Housing Regulations recommended for removal included regulations that manage the 36 existing deed restricted affordable housing units. • At
that meeting the Code Committee also discussed that the BOCC passed a builders’ incentive Resolution in January that reduces the amount of housing required until December 31, 2014.
In the end, the Code Committee recommends retention of the affordable housing regulations adopted by the BOCC in January of 2012. The Code Committee notes that the builders' incentive
Resolution needs to be included on the website as it is not integrated into the Code. Article 9: Pipelines Code Committee Recommendations • In 9-102 Applicability clarifications to address
situations where pipelines cross public or municipal lands and proposes that pipeline lengths are calculated cumulatively if intersected by municipal or public lands. • Modified the
Regulatory Permit Requirements to eliminate the requirements for an area plan. • Clarified that Pressure Testing requirements apply not only to water but other fluids as well. • 9-104
Review Process: clarified that property owners within 200’ of a pipeline route shall be notified by “Certified Mail” when a Pipeline application is being reviewed. • Noise Abatement:
refer to the COGCC Rules and Regulations, Section 802, Noise Abatement or C.R.S. Article 12 of Title 25, as amended for noise abatement compliance. • Visual Impacts: a simple statement
that pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. • Threatened and Endangered Species and Waste Disposal or Treatment
Facilities: removal of provisions to reduce redundancy with other State and Federal regulations. • Inspection provisions were revised to focus on Enforcement, Violations, and Appeals
per Article 12. Article 10: Nonconforming Land Uses and Structures Code Committee Recommendations • Changes to the title of Article 10 to clarify that nonconforming uses AND structures
are addressed in Article 10. • Clarifications to identify how nonconforming structures may or may not continue to be occupied, enlarged, altered, repaired, or restored. • Clarifications
to identify how nonconforming land uses may or may not continue. • Change the length of time for which a nonconforming use is considered abandoned and thus terminated.
Article 11: Signs Code Committee Recommendations • Eliminate the Prohibited Signs section and focus on the criteria for allowed signs in Article 11. • Exempt Signs: refinements with
a clarification that even though exempt signs do not require a sign permit they still have to meet the sign standards in the Sign Table and they must meet the currently adopted Building
and Electrical Code. • Temporary Signs: refinements with a clarification that even though exempt signs do not require a sign permit they still have to meet the Temporary Sign standards
in the Sign Table and they must meet the currently adopted Building Code. • Sign Review Criteria including location, illumination, safety, content, and dimensions were all reviewed and
refined. • Sign Table (types of signs, their dimensional requirements, and any additional requirements): reviewed and refined. • Nonconforming Signs were addressed. • Maintenance, Inspection,
Repair, and Remedies: reviewed and refined. Article 12: Enforcement, Violations, Penalties and Appeals Code Committee Recommendations • Discussed the ability of a Board of Adjustment
decision to be appealed to the BOCC. Article 13: Financial Guarantee Code Committee Recommendations • Clarified that the Estimated Cost for a Financial Guarantee must be prepared by
a Certified Professional Engineer. • Guarantor or Surety: if the form is a security such as a guarantee or letter of credit, the guarantor or surety shall be licensed to do business
in Colorado. • Release of Guarantee: refined. • Forfeiture of Financial Guarantee: the County is responsible for the public notice for the public hearing. Article 14: Areas and Activities
of State Interest Code Committee Recommendations
• Purpose and Intent statement: change to clarify that Article 14 applies to governmental of quasi-governmental projects only. • Activities of State Interest addressed in Article 14
to now include: -Efficient Utilization of Municipal and Industrial Water Projects. -Site selection and development of solid waste disposal sites except those sites specified in section
25-11-203 (1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.; -Site selection
and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; -Site Selection and Construction
for Arterial highways, interchanges and collector highways. -Site selection and construction for rapid or mass transit terminals, stations or guideways. -Areas around rapid or mass transit
terminals, stations or guideways. • All definitions included in Article 14 moved to Article 15 Definitions. Article 15: Reserved Code Committee Recommendations • Eliminate this blank
reserved article Article 16: Definitions Code Committee Recommendations • Replace the Article 15 Reserved with Article 15: Definitions • New definitions added to define new terms incorporated
into the Code by the Code Committee. • Definitions were deleted for terms that are no longer included in the Code. • All Areas and Activities of State Interest definitions were incorporated
into Article 15: Definitions. Code Committee Policy Recommendations The Code Committee recommends that the BOCC address the following policy issues: • Revisit the Affordable Housing
Regulations • Update the Garfield County Traffic Impact Study and associated nexus study • Adopt a Mineral Extraction Master Plan