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HomeMy WebLinkAbout3.0 Resolution 2013-811111 NriV111Wilhf P4'r10,.1 liPtAii 11 111 Reception4: 843254 11.15/2013 10:53 26 AM Jean Alberioo 1 of 57 Rec Fee $0 00 Doc Fee.0 00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on the 12th day of November, 2013, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Fred Jarman Jean Alberico Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Community Development Director , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2013- 8 ( A RESOLUTION APPROVING A TEXT AMENDMENT TO ARTICLES 1, 3, 4, 5, 6, 7, AND 9 OF THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE. Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. The Board of County Commissioners is authorized to adopt a zoning plan for the unincorporated area of Garfield County pursuant to the provisions of § 30 -28 -111 through § 30- 28 -116, C.R.S., as amended. Such provisions also authorize the Board of County Commissioners to provide for the approval of amendments to such zoning plan from time to time. C. On the 15th day of July, 2013 the Board of County Commissioners adopted Resolution No. 2013 -46 concerning a zoning plan for the unincorporated areas of the County of Garfield, State of Colorado. D. Sections 30 -28 -110, 30 -28 -133, 30- 28- 133.5, and 30 -28 -136, C.R.S., as amended, provide 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 Board of County Commissioners may amend such subdivision regulations from time to time. 1 ■I!I h'i� � �+�?�1��Y���� �����I',IK1�1 '�� rirANO N INN 1111H I Reception #: 843254 11/15/2013 10 53.26 ON Jean 0iberico 2 of 57 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO E. Pursuant to Section 4 -113 of the ULUR, the Board of County Commissioners and the Director may initiate a text amendment to the ULUR. F. The purpose of this Resolution is to adopt amendments to the text of the LUDC to the extent set forth in Exhibit A, attached hereto. G. The Board of County Commissioners and the Director were the Applicants for a text amendment to amend Articles 1 -9 of the LUDC. H. On October 9, 2013, the Garfield County Planning Commission, with a 7 -0 vote, certified and recommended to the Board of County Commissioners, that the Board approve the proposed text amendment. I. On November 4, 2013, the Board of County Commissioners held a public hearing on the proposed text amendment. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper notice for the hearings before the Planning Commission and the Board of County Commissioners was provided as required by law, including at least one publication in a newspaper of general circulation in Garfield County. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 3. That the proposed text amendment is determined to be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Land Use and Development Code. 5. The proposed Text Amendment does not conflict with State statutory provisions regulating land use. J. Upon motion duly made and seconded the Board of County Commissioners approved the proposed Text Amendment, by the following vote: John Martin Tom Jankovsky Mike Samson 2 , Aye , Aye , Aye 1111 Ai'ri liniririliViii1141 11.11C4 Birk ri!1a !,L iL RN, 11 Reception #: 843254 1111512013 10:53:25 AM Jean Alberlcc 3 of 57 Reo Fee $0 00 Doc Fee:0.00 GARFIELD COUNTY CO NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Land Use and Development Code is hereby amended as shown in the attached Exhibit A. These amendments will be effective immediately. ADOPTED this at day of , 2013 ATTEST: m of the Board 3 BOARD OF GARFIEL COUNT COUN COMMISSIONERS ,COLORADO By 11111 'r' iihliVIrrijiirrArt+, «illuli1WJ rlfi ilit011 4 111 Reception #: 843254 11115/2013 10:53 26 AM Jean A1berlco 4 of 57 Rec Fee -$0.00 Doe ee:0.00 GARFIELD COUNTY CO Exhibit A Text Amendments to the Garfield County Land Use and Development Code ■III �'i E+I?�,�hf��f '�rl +rr.l ���lr � Gi�i�� W1.041.160 11 II I Reception #: 843254 11!15 ?2013 /0:53-26 PM Jean O1berico 5 of 57 Rec Fee_$0.60 Doc Fee:0.00 GRRFIELD COUNTY CO Article 1 ■III IN 11111 Reception #: 843254 11!1512013 10 53.25 AM Jean Alberico 5 of 5; Rec Fee$0 00 Doc Fee.O 00 GARFIELD COUNTY CO C. Effective Date. This Code, including any future amendments, shall take effect upon adoption by the BOCC, unless otherwise set forth in the BOCC's motion of approval. 1 -106. SAVING PROVISIONS. A. Pending Land Use Applications. The enactment or amendment of this Code shall not be construed as discontinuing, abating, modifying, or altering any pending land use applications and that said applications may continue to be processed as defined in the previous land use codes, provided all timelines required by said regulations are met. B. Penalty Accruing. The enactment or amendment of this Code shall not be construed as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue. C. Waiving any Right. The enactment or amendment of this Code shall not be construed as waiving any right of the County under any provision existing prior to the adoption of this Code. D. Vacating or Annulling. The enactment or amendment of this Code shall not be construed as vacating or annulling any rights obtained by any person by lawful action of the County. 1 -107. IMPLEMENTATION OF COMPREHENSIVE PLAN, INTERGOVERNMENTAL AGREEMENTS, AND OTHER MASTER PLANS FOR LAND USE. A. Implementation of Comprehensive Plan. Except as otherwise provided by law, the Comprehensive Plan serves as a guide and is advisory regarding land use in Garfield County. Enactment, -amendment, and B. Implementation of Intergovernmental Agreements and Other Master Plans for Land Use. Enactment, amendment, and administration of this Code shall be in accordance with, and shall serve to implement, the goals and policies of any jointly- adopted intergovernmental agreement, memorandum of understanding, or Master Plan governing the use and development of land of mutual concern to the County and other governmental entities or special districts. 1 10$ INT 6 A. T TION, RULES OF ,CONSTRUCTION yOF LANGUAGE, AND TIME`. Interpretation of the Provisions of this Code. 1. Minimum Required. The provisions of this Code shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare. 2. Liberal Construction. This Code shall be liberally construed to further its underlying purposes. 3. Conflict. If a conflict occurs between provisions of this Code, or between provisions of this Code and a State statute or other applicable codes and regulations, the more restrictive provision controls unless otherwise specified in this Code. 4. Requirements Presumed to Apply. The requirements of this Code are presumed to apply to actions unless otherwise provided. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 1 -2 IF PI liftlitirliLIWYii I'i'IAi 1111 Recept..on #: 843254 11 "5%2013 10 53.26 GM Jean Plberioo of 5" Rec. Fee $0.00 Doc Fee 0 00 GPRFIELD COUNTY CO Rules of Construction CI Language. 1. Words and phrases shall be read in context and construed according to common usage. Wnrrk phr es thmt" have toe. , rEid f .hn .mow! or w ..mss particular meaning; by legislative definition or otherwise, shaft be construed accordingly. 2. The particular controls the general. 3. The word "shall" is always mandatory. The words "may" and "should" are permissive. 4. Unless the context clearly indicates otherwise, words used in the singular number include the plural and words used in the plural number include the singular. 6. If there is a conflict between figures and words expressing a number, the words govern. 6. The phrase "used for" includes "arranged for," "designed for,' "intended for," "maintained for," and "occupied for." C. Colorado Revised Statutes. Ali references to the Colorado Revised Statutes (C.R.S.) shall include the referenced section, including any amendments thereto, and any additional sections necessary for proper interpretation of the law. D. Computation of Time. Days are computed as business days which means calendar days excluding weekends and County holidays, unless otherwise specified in this Code. 1 -1O9e INCORPORATION AND INTERPRETATION OF MAPS. A. Official Zone District Map. The location and boundaries of the zone districts established by this Code are shown on ac,.. "Official `� »s.. District Map" �� County x_ _, oo_•- The O�1icial Zone Distri*et Map" of Garfield County and incorpar-PJteu into this Code. i he zone district map shall be maintained by the Director and shall be located in the Community Development Department. It is the express intent of the BOCC that all unincorporated areas within the County be located within a zone district. B. Official one District Overlay Map. The location and boundaries of each "Overlay lone District Overlay" established by this Code shall be shown on the "Official Overlay Zone District Overlay Map" and hereby incorporated into this Code, The overlay zone district overlay map shall be maintained by the Director and shall be located in the Community Development Department. C. Interpretation of Zone District and Zone District Overlay Boundaries. If for any reason the location of a zone district and zone district overlay aist_ffe,t boundary line is not readily determinable from the incorporated maps, the location of the zone or overlay district boundary line shall be determined by the Director in accordance with the following provisions. Where more than 1 of the following provisions is applicable in any given situation, the first stated and applicable provision shall prevail over all other provisions: 1. Where a boundary line is given a position within or abutting a highway, road, street, or Ailey right -of -way that does not appear to be located within any district, the district boundary line shall be deemed to be in the center of such right -of =way. 2. Where a district boundary line is shown as closely and approximately following Subdivision Plat Lot Lines, municipal boundary, or County GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 1 =3 IM] NA NIL 11411 Reception #: 843254 11/1572013 1053:26 AM ,lean Plberico 8 of 57 Rec Fee $0.00 Doc Fee_0.DO GARFIELD COUNTY CO Article 3 DIVISION 2. ZONE DISTRICT REGULATION ■III Ali'. Nl ?I111,11rll'iii14lY 11:lriill'il I■'7,I'i1 Pi 11111 Reception#: 843254 11115/2013 10.53 26 PM Jean Rlberico of 57 Rec Fee 50.00 Doc Fee 0.00 GARFIELD COUNTY CO The purpose of this Division is to identify the lot and building restrictions for each zone district. in n addition to these general 1erai requirements, aii land uses shall comply with the applicable standards set Mt-1 11 nrticle St+anuardds. 3 -201. ZONE DISTRICT DIMENSIONS. Table 3 -201 identifies the dimensional standards for each zone district. 1.khle I_ (J ,IISi .: 101 /loth' 1)1ai1A:t Litil tI' -.tou . 11)1 ti,'t S4•11):14.k„ civet) i ici9l,l (toct) 4.1, F R,.•.u11.1111,11 NH - N<>I,rc•,liivl >Ii:11 t; - Lolipr„f 11:IA N&. NlJ11Coimi ',CJJI Zone District Minimum Lot Areal Maximum Lot Coverage i Maximum Floor Area Ratio Front Rear 2 Side Arlarial Local Rural I 2 acres R: 15 N/A 50 25 25 10 NR: 40 Residential - Suburban RS 20,000 s.f. 50 0.5011.0 50 25 25 10 25 Residential - Urban RU 7,500 s.f. 50 0.501 1.0 50 25 25 10 25 Residential - Manufactured Home Park MHP 2 acres 50 — 50 25 25 10 25 Commercial - Limited CL 7 500 s f NC: 75 C: 85 0 5011 A 50 25 R: 25 C: 7.5 10 40 Commercial - Genera! CG 7,500 s.f. NC: 75 C: 85 0.50 / 1.0 50 25 R: 25 C: 7.5 10 40 Industrial I 21,780 s.f. 75 N/A 50 25 25 10 40 Plateau 35 acres -- -- I 25 25 25 25 504 Escarpment RLE 35 acres -- — 25 25 25 25 504 Talus Slopes RLTS 35 acres -- -- 25 25 25 25 504 Gentle Slopes RLGS 35 acres R: 2 acres R: 15 — 25 25 25 10 756 Public Airport PA _ _ Subject to FAA, FAR Part 77, Airport Layout Plan, Building Codes, and other applicable Federal, State, and local standards and regulations Public Lands PL— — — -- — -- -- 1. Unless otherwise required by section 7 -105, Adequate Central Water Distribution and Wastewater System. 2. Or % of building height, whichever is greater. 3. Telecommunication Facilities may exceed maximum height provided they are reviewed (if required) and approved pursuant to Table 3-403, Use Table. - •• - - 4. Parapet walls may exceed building height limitations by 4 feet. 5. Stacks, vents, cooling towers, elevator cupolas, towers, and similar noninhabitable building appurtenances, and cupolas, spires, and belfries constructed as part of a Place of Worship shall be exempt from height limitations. _ •' " -- •- ' -• - :... _ - - - --- - GARFIELLD COUNTY LAND USE AND DEVELOPMENT CODE 3 -403. USE TABLE. Use Category Tate 3 -433: Use -rave' Cr.e.'e.. . ^�..Sa.:r R`.:J'iEw 1'� Ma Residential Nonresidential Resource Land Unless exempted. all Districts Districts Zone Districts uses must comply with Article 7 Standards Use Type AGRICULTURAL AND ANIMAL-RELATED USES CL'�CG' TS including Use - Specific Standards. General Agriculture Building or Structure Necessary to Agricultural Operations, Accessory Forestry Products Processing, Storage, Distribution, and Sale Off -Site At Point of Production Animals and Related Services Household Living Animal Sanctuary Animal Processing Feedlot, Commercial Kennel, Small P L L Kennel, Large Riding Stable Veterinary Clinic Dwelling, Single -Unit (per legal lot) Dwelling, 2 -Unit Dwelling, Multi -Unit Dwelling Unit, Accessory L L M M A A • • R • R •P L A Manufactured Home Park M A M M A M •P GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED :3-23 Use Category Use Type -2' o e 3 -tn. .se 7azle Residential Nonresidential Resource Land Districts Districts Zone Districts - 4 ". �j' • ;; . Unless exempted. all uses must comply with p Y Article 7 Standards including Use - Specific Standards. Office Home Office /Business P 0001 P Q IP P UUU 7 -702 Group Living Foster Home P P El P P `Q P •R . . Group Home Facilities L MI L 'up ME Mg 7 -704 Temporary P BLICflNST1TUT1ONAL Employee Housing Facility, Major M M M MUM •P 131113111 L 7-705 Employee Housing Facility, Minor 101131211210131121 IP 1011 Al IMO 7 -706 Employee Housing Facility, Small USES l LI0 P 1 1 1. A A P i Q P P P Mil P P P 7 -707 1 1 1 1 1 1 1 1 P P 0 M L I. L Assembly Community Meeting Facility Place of Worship A . A . A A A •P ... Public Gathering A MI • A E. .'. A -O...'. P P IMIZI A IMIZIMINIMIll A Q'Q .P A .,.. Cultural Facility Library Museum A A A A Day Care Adult Day Care ;. A A A A 0 A ■P .... Child Care Center A A A A A A A .... L 7-804 Family Child Care Horne P U P P P P . •P A --. 7-804 Parks and Open Space Cemetery A .. A ... ®....' p i a -r Park lil P P P P Q P. Community Service Facility Corrections Facility M M M an M rril -i.-. Educational Facility Q L L L A 0 A •P .-- A Emergency Shelter L L L . L . L •P .... Fire Station QQQQ A A A CI A -- A I 1 Reviev, and decISlon of an application is completed administratively, but is subject to the process set forth in section 4 -107 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -24 on RI 5Im n) el- e- 3 CD o•• m rr p� TWA EANWa rn N =? 03 ME v o o f � m D O G-) a m ▪ ▪ � Q � z 0 Use Category I Use Type - W e 3 -4C3 ..„se Talc e jug; Residential Nonresidential Resource Land Unless exempted. all Districts Districts Zone Districts use must comply with Article 7 Standards including Use-Specific Standards. Transportation Office Hospital Public Building Access Route L L •P A A A A A — A A A A A A A aP A A A 45P A P IP Aircraft Landing Strip Aircraft, Ultralight Operation P Airport M P L P P L L P P •P •P •P Heliport M M M L L L L .P M Helistop M M L Mass Transit Facility M M Park and Ride Facility Trail, Trailhead, Road Broadcasting Studio L L L F L L •P M M M •P P P L P 7 -802 7-801 7 -803 M 7 -803 M 7-802 L A A ■P A A A A P L P P P P PIP PIP A A A Professional Office L Professional Office, Temporary 'Bakery P P P A A A A A A A •P •P •P P L L A A A A 7 -901 P P • P Convenience Store Nursery /Greenhouse Retail/Wholesale Optional Premises Cultivation Operation Retail, General L P A M M M A A A A P M A P A A P P M M P P • P •P P 2 aP 7 -902 7 -903 Retail, Equipment, Machinery, Lumber Yards P P P •P P P P P 2 Refer to the Federai Government for the laws and policies in regards to cultivation operations for Medical Marijuana. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -25 Use Category Use Type -a: 'e 3-1:3 e Residential Nonresidential Districts Districts Resource Land !, Unless exempted all uses must comply with Article 7 Standards including Use - Specific Standards. Zone Districts Retail, Vehicle and Equipment Sales M Bulk Sales of LPG and CNG L L L Recreation and Entertainment Golf Course /Driving Range A A A A A L L •R L Theater, Indoor Motor Sports Center P P A M M M Recreation, Indoor L Recreation, Outdoor L M Shooting Gallery/Range L M M M P P A •R . P L • P A L M M M M L M M M M L Services Crematorium M Eating or Drinking Establishment General Service Establishment L L L L L L L M M M sP L L P P L M 7 -904 •P A A L P P P sP Laundromat A L L L P Laundry or Dry- Cleaning Plant L • P P •iR L Vehicles and Equipment Mortuary M L L L •R L sP Car Wash M A A A Parking Lot or Parking Garage L L L L A A A Repair, Body /Paint, or Upholstery Shop A P P P Visitor Accommodation Campground) RV Park M M L L M 7 -905 Extraction Lodging Facilities L L L L P P L •P A A Compressor /Pipeline Pump Station (Not Subject to Article 9) Compressor, Booster L L 1 A A A A A A L A eP L L L P 1 P L 7 -1001 P GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -26 Use Category Use Type Extraction, Gravel Service Extraction, Mining and Other Hydraulic Fracturing, Remote Surface Facility Injection Well, Piped Injection Well, Small Injection Well, Large Fabrication Oil and Gas Drilling and Production Contractor's Yard, Small Contractor's Yard, Large Material Handling Processing ...•. e 3-4:3 ',.%; C c T a lt' E e Residential Nonresidential Resource Land Districts Districts Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use - Specific Standards. 7 -1001, 7 -1002 7 -1001, 7 -1003 11111111111111111111111111iiiill� om1111•M1111o120000 vo•11111MINIoma000 oa1■11MNIaM1120000 0000000rrnoaoa� v111•1■000M10000 oMINIMIoo0o•1oo o111M11111•1oor30000 MMIIINaoo112vovo aMIIIM0001111oMINo oNINI•1ovo12o1111•o oIIIMINoIIIomo11•Mo D• omin000moomo o11111111M000m0000 Processing, Accessory (Batch Plant) Warehouse and Processing, Temporary Vehicles, Machinery, and Heavy E. ui. ment Vehicle Safety Area Assembly of Structures EXEM..T7 -1001 7 -1001 7 -1001 L Cabinet Making, Wood and Metal workin+ Glazin• , Machinin• , Weldin• Equipment, Small Appliances Goods Processed From Natural Resources 7 -1001 7 -1001 7 -1001 7 -1001 7 -1001 7 -1001 7 -1001 7 -1007 7 -1001 7 -1001 Storage 7 -1001 7 -1001 7 -1001 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -27 Use Category Freight Movement Use Type Storage, Mini _ I Residential Nonresidential Districts Districts Storage, Cold Storage Plants Storage, Hazardous Materials Warehouse and Distribution Center Resource Land Zone Districts L Waste and Salvage Mineral Waste Disposal Areas Recycling Collection Center Recycling Processing Facility Salvage Yard Sewage Treatment Facility Solid Waste Disposal Site and Facility Solid Waste Transfer Facility Water Impoundment M L Unless exempted all uses must comply with Article 7 Standards including Use - Specific Standards. 7 -1001 7 -1001 7 -1001 7 -1001 7 -1001 7 -1001, 7 -1004 7 -1001 7 -1001 7 -1001, 7 -1005 7 -1001, 7 -1006 7 -1001 7 -1001 Electric Power Generation Facility, Large 11111E Electric Power Generation Facility, Small L L A A P .0 .11111111 HHHHNNHOIIHH tiouumuuraurdium Lines, Distribution Lines, Transmission Pipeline Solar Energy System, Accessory Solar Energy System, Small Solar Energy System, Large 9 -104 HEINEla 7 -1101 P 7 -1101 M M M M 7 -1101 - Review and decision of an application is completed administratively, but is subject to the process set forth in section 9 -103. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -28 Use Category Use Type e 2-4 :3 'a acie Residential Nonresidential Districts Districts Resource Land Zone Districts Substation, Neighborhood Substation, Utility Telecommunication Facility Utility Distribution Facility Water Reservoir Water Tank or Treatment Facility Wind Energy System, Commercial Wind Energy System, Small ACCESSORY USES AND STRUCTURES 0 0 0 0 00 0 ®0 0 0 0 1012111;1121L111112:1111;1101;111 i -...131Mi•-ii 100000001®100QQ ©.-.I©U®1--© ii iui0®Q.-Q 0000000M0000 000100000000 Unless exempted. all uses must comply with Article 7 Standards including Use - Specific Standards. 7 -1102 7 -1103 Building or Structure, Accessory Fence, Hedge or Wall 7 -1201 7 -1201 1 4Telecom unication Facilities 100 feet or I-ss in he t are B Ri ht uses. A Facility f- over 100 feet shall be subject to an Administration Review. i-R-he+ght per Table -3 201 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -29 111111'1'i% Ii17101ti MI1 „1ii11111 Reception #: 843254 11/1512013 10:53 26 Aft Jean Alberico 17 of 57 Rec Fee $D 00 Doc Fee-0 00 GARFIELD COUNTY CO Article 4 ■Iff li'rritilliekiP110 110 f kir 11111 Reception #: 843254 11!15!2013 1053.26 OM Jean Plberico 18 of 57 Rec Fee•$0.00 Doc Fee:0 00 GGRFIELD COUNTY CO summary shall be valid for a period of 6 months from the date of the written summary. B. Determination of Application Completeness Review. i, Director Review. The Director shall determine whether the application is complete based on compliance with the submittal requirements for the applicable review process. Completeness review shall take place in the following time frames: a= General applications: 10 business days. b. Major applications, as identified below: 20 business days. (1) Major Impact Review; (2) Limited Impact Review; (3) Rezoning, nonresidential; (4) Subdivision; and (5) PUD. 2. Determination. The Director shall make 1 of the following determinations: ae Application is Not Complete. If the application is not complete, the Director shall inform the Applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied. If the Applicant fails to correct the deficiencies within 60 calendar days, the application shall be considered withdrawn and returned to the Applicant. b. Application is Complete. if the application is complete, the Director shall certify it as complete and provide written notice to the Applicant including the date of determination of completeness. 3. Extension of Time for Determination of Completeness. The Director may authorize an extension of time to complete review for a determination of completeness when: Scope of Application. The scope of the Land Use Change application is sufficient to require additional time for the Director to review the application for a determination of completeness. b, Staff Workload. The Department's workload, due to the volume and scope of pending Land Use Change applications, justifies the need for art extension of time to review the application for a determination of completeness. 4. Written Notice of Extension of Time. As soon as possible after receipt of an application, the Director shall inform the Applicant in writing if an extension is necessary to determine completeness, and shall identify the new completeness deadline. 5. Request for Waiver of Submission Requirements. Requests for waiver of submission requirements pursuant to section 4 -202 shall be submitted with the application and considered by the Director as part of the determination of completeness. Go Review /Public Hearing Schedule. Complete applications shall be scheduled for Pubiic Hearing on the next available agenda date of the appropriate review body following any required public notice. Applications for review that do not require a Public Hearing and are GARFIELD CDURITY LAND USE AND DEVELOPMENT CODE 4 -2 11111 kil : i1,11 ' 11fit1iSPFi,IATri fifi l 1 it Reception #: 843254 11115/2013 10.53•26 AM Jean Fl16erico 19 of 57 Rec Fee $0 00 Doc Fee:0.00 GARFIELD COf1NTY CO scheduled for a Director's Decision shall be reviewed within 30 calendar days of a determination of completeness. Co Review by Referral Agency. 1. Any Land Use Change application shall be referred to the appropriate local, State, or Federal agencies or departments for review. The list of reviewing agencies for any individual application shall be determined by the Director unless specific agencies or departments are required by State statute. 2. A referral agency may impose a fee for the review of a proposed development. The Director will disclose an estimated range of any potential referral agency fees in the pre - application conference summary. This estimate is nonbinding. 3. The comment period for referral agency review shall be 21 calendar bU J"s,,;ess days from the date that the complete application and sufficient copies are delivered to the County by the Applicant. Responses not received by the County in a timely manner may not be evaluated in the Director's review of the application. A lack of timely response shall be interpreted as no comment. Do Evaluation by Director/Staff Review. 1. The Director shall review the Land Use Change application to determine if the proposal satisfies the applicable standards of this Code and any review criteria identified in the specific procedure. 2. The Director may authorize all or a portion of the review of a Land Use Change application to be performed by an outside consultant. This work shall be subject to the County Procurement Code. The cost of the consultant review shall be the responsibility of the Applicant and shall be paid pursuant to section 4-203.B.3., Fees. The Director will disclose an estimated range of any potential outside consultant fees in the pre - application conference summary. This estimate is nonbinding. 3e The Director shall prepare a staff report discussing whether the standards have been satisfied; identifying issues raised through staff and referral review; outlining mitigation requirements; recommending conditions for approval to ensure that standards are satisfied; and requesting additional information pertinent to review of the application. Eo Notice of Public Hearing. When a Public Hearing is required, notice shall be provided. The type of notice required is identified in Table 4-102, Common Review Procedures and Required Notice. 1. Notice shall be provided as follows: a. Notice by Publication. At least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing before the Planning Commission or BOCC, the Applicant shall publish notice of a Public Hearing in a legal publication, unless otherwise specified by State law b. Written /Mailed Notice to Adjacent Property Owners and Mineral Owners. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4,3 ■ 111 ' i'♦ 11149VIf1INIViliEN IrE119411:19 tiliNkil 11111 Reception#: 843254 11/15/2013 10:53 26 AM Jean Plberico 20 of 57 Reo Fee:$0 00 Doc Fee:0 00 GARFIELD COUNTY CO F. Review and Recommendation. The recommending body shall recommend approval, approval with conditions, or denial of the application based on the following: 1. Recommendation of Approval. If the application satisfies all of the applicable requirements of this Code, the recommending body shall recommend the application be approved. The recommending body may recommend approval with conditions determined necessary for compliance with the applicable requirements. 2. Recommendation of Denial. If the application fails to satisfy any 1 of the applicable requirements and compliance cannot be achieved through conditions of approval, the recommending body shall recommend that the application be denied. Go Decision. The Decision - Making Body shall approve, approve with conditions, or deny the application based on the following: 1. Approval of Application. If the application satisfies all of the applicable requirements of this Code, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements. 2. Denial of Application. If the application fails to satisfy any 1 of the applicable requirements, and compliance cannot be achieved through conditions of approval, the application shall be denied. Flo Duration and Expiration of Conditional Approval and Plat Approvals. 1. Conditional Approval of a Land Use Change Application. Unless otherwise approved by the decision maker, an Applicant has 1 year from the date of approval or Director's Determination to satisfy any remaining conditions precedent to issuance of a Land Use Change Permit. Failure to meet all conditions will result in the expiration of the approval and the Applicant will be required to submit a new application for the desired land use. 2. Conditional Approval of a Subdivision or Conservation Subdivision Preliminary Plan. Unless otherwise approved by the BOCC, an Applicant has 1 year from the date of approval for a Preliminary Plan to receive a determination of completeness for a Final Plan /Plat application. Failure to timely file a technically complete Final Plan /Plat application will result in the expiration of the Preliminary Plan approval, and the Applicant will be required to submit a new application for the desired subdivision. 3, Conditional Approval of a Final Plat. The Applicant has 94_20 calendar days from the date of approval of an Exemption or Final Plan /Plat application to submit a Final Plat suitable for recording. Failure to timely file a Final Plat suitable for recording will result in the expiration of the Exemption or Final Plat approval, and the Applicant will be required to submit a new application for the desired Exemption or Final Plan/Plat. 4, Approval of a Final Plat. Within 10 business days of the submittal to the County of the properly executed Final Plat which is suitable for recording, such p_Final Plat must be signed by the BOCC and be recorded with the Clerk and Recorder. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 44 Required Notice 6^:= �:,. ; ..::---€.--...,, - - I _ _ I - 1 _ _ – ; _ 17.• -- S 1 iM 111 - - - - w Additional Raquirementes C 4 -103 Administrative Review v v V v v v D v C11aQa 4 -104 Limited Impact Review v g BOCC v v CI v 1 4-105 Major Impact Review v II.■. Eg0mari v v v PC BOCC 0 v ■■ CMCIIIII2 v v v - - v Notice required for PC and BOCC hearings. 4 -106 Amendments to an Approved LUCP Subject to Minor or Substantial Modification fiDetermination per section 4 -106. 4-107 Minor Temporary Housing Facility _ 4 108 Vacation of a County Road or Public ROW v v v v v 00rj v PC BOCC D v ■� 1111111:1111:1 -Man v v v v III v - v PC hearing requires inclusion in posted) agenda. BOCC hearin• requires ublication and mailing. Per Administrative Review, section 4 -103. 4 -109 Develop. in the 100 -Year Floodplain 4 -110 Develop. in the 100 Year Floodplain Variance v v v v v BOA _ 4-111 Location and Extent Review ■ v v PC Notice to be provided at least 7 calendar days but no more than 30 calendar days prior to hearing. The BOCC a aapplicati n. If no notice was s reuqueni , the original shaded. If de notice was r wined, notice shall be ad • uate If included In a • • -ted arends. Notice required for PC and BOCC hearings. 4 -112 Cali-Up to the BOCC p IIII. v is v v v - - v v v 0® PC v 1111 PC v Mil v -. ICI v B ®CC BOCC BOCC 4 -113 Rezoning 4 -114 Code Text Amendment 0 Published notice for PC and BOCC hearings. 4 -115 Variance BOA MEI - 11312111121 v - 4 -116 Administrative Interpretation D - 4 -117 Administrative Interpretation Appeal BOA 0 4 -118 Waiver of Standards Determined by companion application. Notice as required by companion application. 4-119 Accommodation Pursuant to Federal Fair Housing Act v v v BOCC v GARFIEL P1 COUNTY LAND USE AND DEVELOPMENT CODE 4 -7 1111 11111KINiNCIMAkiilwiriltiVicliii RN 11 �� l Reception #: 843254 I1?1512013 10..53 76 AM Jean Alberico 27 of 57 Rec Fee.$0 00 Doc Fee 0.00 GARFIELD COUNTY CO 4 -103. ADMINISTRATIVE REVIEW. A. Overview. Applications subject to Administrative Review shall be reviewed and decided by the Director. B. Review Process. Applications for Administrative Review shall be processed according to Table 4 -102, Common Review Procedures and Required Notice, with the following modifications: 1. Pre - Application Conference. This requirement may be waived by the Director. 2. Determination of Completeness. Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: a. The additional number of copies to be delivered to the County; b. The date that the Director will render a decision or, if the Director decides to refer the application to the BOCC, the date that the BOCC will hear the Application; and c. The notice form that the Applicant is required to mail to the Adjacent Property Owners and mineral estate owners and lesees. 3. Notice. The Applicant shall mail notice pursuant to section 4- 101.E.b.(2), -(4)., at least 153.0 days prior to the date of the Director's decision and shall provide proof of adequate notice prior to any decision. The notice shall include a Vicinity Map, the property's legal description, a short narrative describing the current zoning and proposed Land Use Change, the contact information for the Community Development Department and the date that the Director will make a decision. 4. Decision. a. Director Decision. If the Director decides the application, the Director will inform the Applicant and the BOCC of the approval, conditions of approval, or basis for denial, in writing within 10 days of the date of decision. b. BOCC Decision. If the application is referred to the BOCC for a decision, the BOCC will memorialize their decision of approval, conditions of approval or basis for denial in the form of a Resolution. 5. Call -Up to the BOCC. The Director's decision is subject to section 4 -112, Call -Up to the BOCC. C. Review Criteria. An application shall comply with the applicable standards of this Code. 4104, I1IMIEEDIMPACT!:REVIEW. A. Overview. Applications subject to a Limited Impact Review shall be reviewed and decided by the BOCC. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -8 • Il'iri.10e0ll IiI 11,11l:14 III Reception #: 843254 11!15!2013 10 53 26 AM Jean Alberico 23 of 5.7 Rec Fee $0.00 Doc Fee 0.00 GARFIELD COUNTY CO (1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for a Land Use Change Permit. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. Though a new application is required, the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original approval is still valid. (-1}(2) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may request the decision be called -up to the BOCC pursuant to section 4- 112.B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. 2. Call Up to the BOCC. The Director's determination is subject to section 1-112, Call Up to the BOCC. C. Review Criteria. Minor Modifications are those that deviate from standards or rearrange /reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Land Use Change Permit, including Subdivisions, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive Plan; 3. Do not change the character of the development; 4. Do not alter the basic relationship of the development to adjacent property; 5. Do not change the uses permitted; 6. Do not require amendment or abandonment of any easements or rights - of -way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3 -201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3 -201. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -10 1111 h'? y 01111 AD: I,RIliiti ',1161,l0'r,1 11 11 1 Reception #: 843254 11 ?15/2013 1053 26 AM Jean falberico 26 of 5; Pec Fee $0 00 Doc Fee :0 00 GARFIELD COUNTY CO b. The date established for initial review by the Planning Commission shall be considered the date of submission pursuant to C.R.S. 30 -28 -110. c. The Planning Commission may continue consideration of the application until the next regularly - scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render its decision and recommendation to the BOCC within 60 calendar days of submission. d. The decision of the Planning Commission shall be considered a recommendation, not a final action on the request. 4. BOCC Review and Notice. The BOCC shall conduct its review pursuant to the provisions of C.R.S. § 43-2-301, et seq., and the requirements of this Code. The BOCC review and decision shall be considered a legislative act. ao Dearing Notification. Action of the BOCC shall be pursuant to a Public Hearing. Mailedw tten and published notice shall be provided according to section 4 -101.E b. Published Notice. Published notice shall include a statement that a resolution to vacate the subject County road or public road right - of -way will be presented at the hearing. co Hearing Information. During the Public Hearing before the BOCC, the Applicant shall provide a form of resolution vacating the subject County road or public right-of-way that is prepared by the Applicant and reviewed and approved by the County Attorney's Office prior to the BOCC hearing. 5. BOCC Decision. The BOCC may approve, approve with conditions, or deny the applicaatinn pursuant to section 4- 101.r3., or take any of the following actions: a. Continue the Hearing. The BOCC may continue the Public Hearing as it deems necessary to receive all information the BOCC deems relevant. Any continuation must be to a date certain with a decision to approve or deny the resolution vacating the County road or public right -of -way occurring within 90 calendar days of the initiation of the Public Hearing. b. Modified Resolution. The BOCC may elect to approve a resolution vacating a County road or public right -of -way in a form modified or altered from that presented. In that event, the BOCC shall specifically direct staff to make alterations to the resolution by a motion specifying those alterations. Such motion shall also include a continuance to allow staff to revise the resolution and present it in final form as part of the continued Public Hearing. c. Final Action. No final action on a petition or application to vacate a County road or public right -of -way shall occur until a resolution has been considered at a Public Hearing, signed by the chair of the BOCC, pursuant to motion, and recorded with the Garfield County Clerk and Recorder. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -12 Section 4 -2,33. 6 ratwe Review Written Narrative) Additional Submissions 4-104 Limited Impact Review V .0 d or, V d 0' d V 0 — 4 -105 Major Impact Review tet.oltot6 te te te r eel 4-106 Amendment to an Approved LUCP 11 ■ to l Amendment Description, subject to Minor or Substantial Modification determination per section 4 -106. See Section 4 -301 for additional submittal requirements. 4 -107 Minor Temporary- Housing Facility to w 4 -108 Vacation of a County Road or Public ROW vo ■M■ III ■ 111 ■�■■ LILL immumil See Section 4 -302 for:additional submittal requirements. 4-109 Development in 100 -Year Floodplain wo l ■ t.o 4 -110 Develop. 100 -Year Floodplain Variance to to te,, Statement of request and response to standards. 4-111 Location and Extent Review to te Demonstration of general conformance with the Comp. Plan and ram (lance with an a livable IGAs. 4 -112 Call -Up to the BOCC 1 liall Application materials as determined by Director. 4 -113 Rezoning to .e te 1111 ■■■ Legal description of property. -114 = Gode Text Amendment- � ililill ■`■■■■■Submitted a ��� � Written description of amendment and justification. - - - - 4 -115 Variance to Statement of request and response to standards. 4 -116 Administrative Interpretation - v -11� Adminis #retire. with companion application. InterpretationAopeal_ 4 -118 Waiver of Standards _ ." - • - : - Accornmodationpursuant to , , 1 �t3 ederal Fair Housing Act GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-23 ■Ili h'i 110KNIh Air,if1:1RIO '101a<'I 1h% Hi 11111 Reception #: 843254 11!1512013 10 53 26 PM Jean llbericc 20 of 57 Rec Fee $0 00 Doc Fee:0 00 GPRFIELD COUNTY GO 4-202. WAIVER OF SUBMISSION REQUIREMENTS. A. Overview. The Director may +.waive or alter any of these requirements if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests. B. Review Process. 1. Applicant shall request the waiver of a submission requirement in writing as part of an application submission. 2. The Director shall review the request as part of the completeness review and make a determination regarding whether to waive or require the information. The Director may refer the waiver request to the BOCC for consideration at a Public Meeting. 3. The Director shall notify the Applicant in writing of the determination whether to waive submission requirements and include a summary of the decision in the staff report. 4. The Director's determination regarding waiver of submission requirements is subject to call -up pursuant to section 4 -112. C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. 4 -203. DESCRIPTION OF SUBMITI AL REQUIREMENTS. A. Professional Qualifications. The professional qualifications for preparation and certification of certain documents required by this Code are as follows: 1. Civil Engineer. Improvement plans and reports for water supply, sanitation, drainage, utilities, soils grading, roads, traffic study structures, and other civil engineering required to satisfy the development standards of this Code must be certified by a professional engineer qualified in the specific discipline and licensed by the State of Colorado. 2. Surveyor. Ali documents containing land survey descriptions must be certified by a licensed Colorado Professional Land Surveyor. 3. Geologist. Geology reports shall be prepared by either a member of the American Institute of Professional Geologists, a member of the Association of Engineering Geologists, or a qualified geotechnical engineer licensed in the State of Colorado. 4. Wildlife Expert. Wildlife impact reports shall be prepared by a qualified wildlife biologist. GARFIEL® COUNTY LAND Usr` AND DEVELOPMENT CODE 4.25 11111(1%14,1110711M,1117 l*Elit 1011:41.1116 P iLki 11111 Reception #: 843254 11/'512013 10:53 26 PM Jean R16ericc 27 of 57 Reo Fee•$0 00 Doc Fee_0 00 GARFIELD COUNTY CO 5. Water Supply Expert. A professional engineer licensed to practice in the State of Colorado qualified to perform such work. 6. Other. Other professionals retained by Applicant to provide studies and analysis required by this Code shall demonstrate qualification in the specific field, to the satisfaction of the reviewing body. B. General Application Materials. The following basic materials are required for all applications for a Land Use Change Permit, including division of land. 1. Application Form. Application forms for a Land Use Change Permit shall be obtained from the Community Development Department. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which a Land Use Change is proposed, or by any representative acting through written authorization of the owner. a. Authorized Representative. If the Applicant is not the owner of the land, or is a contract purchaser of the land, the Applicant shall submit a letter signed by the owner consenting to the submission of the application. b. Applicant is Not the Sole Owner. If the Applicant is not the sole owner of the land, the Applicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join in the application. c. Applicant is an Entity. If the Applicant is an entity or a trust, the Applicant shall submit a letter consenting to submission of the application signed by a person authorized to encumber the property and a recorded Statement of Authority for that person. 2. Ownership. The application shall include a deed or other evidence of the owner's fee title interest in the land for which a Land Use Change is proposed. 3. Adjacent Property Owners and Mineral Owners and Lessees. If an application requires mailed notice, the application shall include the following: a. Ad e t may- Akn- •4res, list and a map of real property., the owners of record and mailing address, within a 200 -foot radius of the subject parcel as shown in the Office of the County Clerk and Recorder. Said list shall be generated at least 15 days prior to sending public notice. 4Q - the fftli-Faad0.1-e. for c b. aL _A listQ� °rte }f mineral estate owners in the Subject e, and the mailing address for each owner or lessee 34. Fees. Any application for a Land Use Change Permit must be accompanied by the appropriate fees. A schedule of fees is available through the Community Development Department. An estimated range of any potential fees will be disclosed in the pre - application conference summary. This estimate is nonbinding. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -26 ■iMI V 411FIJAMifir«'NlVelir e4g1iq+il144 •I III Reception: 843254 17I5!2013 10-53 26 AM Jean Rlberico 7A of 57 Rec gee $0 00 Doc Fee 0 00 GRRF!ELD COUNTY CO a. The costs of consultant and referral agency review are the responsibility of the Applicant. b: The County may require a deposit for payment of consultant and referral agency review fees, based upon estimated consultant review costs at the time of application, and in addition to the application fees. c. The County may suspend the application review process pending payment of consultant costs. 5. Project Description. A description of the project including a statement of need, and detailed information about the project such as timeline for development, hours of operation, number of employees. project size (acreage of the site), size of proposed buildings and structures (sq. footage, height), similar related attributes such as parking lot size, access roadway information, and overall capacity (i.e. gallons, barrels) or numbers of units or equipment (i.e. number of residential units, number of compressor units, pipeline size /length etc.), and an explanation of all functional aspects of the proposed facility such as the processes, activities, function, operations and maintenance that will occur as part of the project, 4.6. General Requirements for Maps and Plans. The following are general requirements for any map or plan submitted under the application and review procedures of this Code: a. Name or identifying title of the proposed development or use; b. Total area of the site, in acres; c. Name, address, and telephone number of the Applicant, person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the Applicant; and d. Date of preparation, revision box, written scale, graphic scale, and north arrow. L7. Combination of Map and Plan Requirements. Applicant may request at a pre - application conference to combine various plan and specification requirements of this section into a single submission. The Director may allow combination of the plan requirements if: a. The information requested to be combined is similar; b. The requirements can be clearly mapped or drawn; and c. The Code requirements and sections can be labeled or otherwise clearly identified. &g. Applications for Major Projects. The Director shall inform the Applicant of any project that may include 200 or more employees of the additional application requirements, including: a. Estimated construction schedule; b. Number of employees for construction and operating work force; c. Direct and indirect tax bases and revenues associated with the project; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -27 11r ii7.61100111V,PIALCITEJ 11q1 Recept i ont# : 843254 11/15/2013 10 03.26 AM Jean 01berico 29 of 57 Rec Fee $0 00 Doc Fee.0.00 GRRFIELD COUNTY CO 17, Storrnwater Management Plan. Copy of the stormwater management plan application to CDPHE with date of submittal. 18. Reclamation Plan. A reclamation plan consistent with the standards in section 7 -207. 19, Hydraulic Calculations. Hydrologic, hydraulic, and all other calculations used to size and design drainage facilities and/or structural BMPs. 2 0. Maintenance Requirements. Maintenance requirements for all proposed BMPs should be discussed including access, schedules, costs, and designation of a responsible party. 21. Spill Prevention Control and Countermeasures Plan, if Applicable. A SPCC Plan will be required for any facility with the potential to discharge oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes, in quantities that may be harmful to navigable water and adjoining shoreline, per EPA regulations. 22. Additional information or Detail. Other iriformatien or data and additional detail as may be reasonably required by the Director. 23. Signature Blocks. Signature block for owner or legal agent acknowledging the review and acceptance of responsibility, and a signature and stamped statement by the qualified individual acknowledging responsibility for the preparation of the Grading and Drainage Plan. F. Landscape Plano Landscape Plans shall be scaled at 1 inch to 20 feet for properties exceeding 16 acres in size, or 1 inch to 10 feet for properties less than 16 acres in size. The Landscape Plan shall demonstrate compliance with section 7 -303 and shall include, at a minimum, the following elements: 1. Topographic information at least 2 -foot contour intervals; 2, Location of all lot lines and improvements to the property, and location of any easements of record; 3. Identification of all existing deciduous tree and coniferous trees of 6 inches in caliper or greater, and which trees will be preserved and which trees will be removed or relocated; areas where other existing vegetation will either be preserved or removed; the type, location, size, and number of plants that will be installed; and specified seed mixtures; 4. An estimate of the cost of supplying and installing the materials depicted in the Landscape Plan; and 5. A description of the proposed program to maintain the landscaping after it has been installed. G. Impact Analysis. Where the proposed development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 440 ■III `i'i c ,vi ': ��+'l,i�4'ti �� '�1�11 a c 'i "� 1d II1 Reception #: 843254 1111512013 10.53 26 WI Jean Alberico 30 of 57 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO 1. Adjacent Land Use. Existing use of adjacent property and neighboring proporties within 1,500 -foot radius. 4.2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. L3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. 6A. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. 7_5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. 86. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: as Determination of the long -term and short-term effect on flora and fauna; b. Determination of the effect on designated environmental resources, including critical wildlife habitat; G. impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. 9,7. Nuisance. impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. 14,8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. H. Rezoning Justification Report. A report that explains how the rezoning will satisfy the approval criteria for a rezoning set forth in section 4- 113.C., Review Criteria. to Statement of Appeal A written statement of the Director's decision to be called -up or the interpretation to be appealed, the date of that decisionlinterpretation, and the reasons why the Applicant /appellant believes that the decisionlinterpretation of the Director is incorrect, including any materials or evidence to support the call -up or appeal. J. Development Agreement. GARFIELD COUNT). LAND USE AND DEVELOPMENT CODE 4-31 ■III h'l�1110010ih1l0 la0000141;Milifi1,} MCI 1I III Reception #: 843254 11115r2013 10 53:26 AM Jean Alberico 31 of 57 Rec Fee $0 00 Doc Fee.O DO GARFIELD COUNTY CO permitted Minor and Major Facilities, natural drainage courses, and municipalities within 1 mile of the proposed Minor Facility; c. North arrow and scale; and d. GPS coordinates and current surface ownership of the subject lot. 3. Site Plan consistent with section 4- 203.0. and including the following information: a. The proposed location and anticipated layout for the Facility. b. Site specific, surveyed maps depicting the location of the Facility, located within the Permitted Site within the subject parcel. c. The dates of installation and removal for the Facility. The list shall also include the estimated total cumulative length of time that the Facility is anticipated to be installed at the proposed location. d. The sewage and wastewater disposal, trash receptacles, potable water storage, all other associated infrastructure, and all ether equipment located within the Permitted Site. e. Identification of the private and public roadways accessing the Facility. Roadways shall be marked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given from the nearest town within the County, nearest County Sheriff's Office dispatch location, and responsible fire district headquarters to each Minor Facility along each roadway. f. The name, address, and phone number of surface owner of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone Districts. g, The name, address, and phone number, including a 24 -hour emergency response number of at least 2 persons responsible for the Operator's emergency field operations; contact numbers for local Hospitals, emergency response, fire protection districts, the County Sheriff's Office, Life /Care Flight, and applicable regulatory agencies; site safety /evacuation plan; and any other written response plan for potential emergencies at the Permitted Site. 4. Sign -offs from the County Sheriffs Office, relevant fire protection district(s), and Community Development Department consistent with the requirements of this Code. 6a Use and Occupancy Certification. a. A legible photo of the State Division of Housing Seal certifying the housing unit that will be used meets the use and occupancy per Building Code; or b. Stamped certification by the State Department of Housing that the use and occupancy of the housing unit will meet the building and fire code requirements. 6. A description of infrastructure and services that will be provided at the site. section 4 101.E. g 7, Evidence of the physical and regal water supply and a wriui deSc;r iptic�s GARFIELD COUNTY LAND USE AND DEVELOPMENT LOBE 4-46 Reception #: 843254 11'15/2013 10.53.26 AM Jean Albericc 32 cf 57 Rec Fee,$0.00 Doc Fee!0.00 GARFJELD COUNTY CO Article 5 ■i E A *FA iiei rfuv,Mill lillY+ 11111,h1. 1i 11111 Reception #: 843254 1:;15'2013 10,53:26 65 Jean Aiberico 3? of 57 Rea Foe $Q 00 Doc Fee0 00 GARFIELD CO!INTY CO ARTICLE 5: DIVISIONS OF LAND DIVISION 1. GENERAL PROVISIONS. 5 -1`01. TYPES OF LANDIIIVISION " Division of land is classified by the County as either a "Subdivision" or an "Exemption." A. Definition of Subdivision. The division of land into 2 or more parcels is a Subdivision and subject to Subdivision Review unless specifically exempted as follows: t Such division occurs by operation of law, without BOCC action, as detailed in section 5-201; or 2. Such division is established by the BOCC as a County Exemption, consistent with C.R.S. § 30- 25- 101(10)(d), pursuant to sections 5 -202 and 5 -203. B. Sakes Prohibited Prior to Platting. No person with any interest in and located within a Subdivision or Exemption shall transfer, agree to sell, or offer to sell, or sell any and before the Final Plat has been approved by the BOCC and recorded with the County Clerk and Recorder. 5 -102. PROCESSES EXEMPT FROM SUBDIVISION AND EXEMPTION REVIEW. The following are not "Subdivisions" or "subdivided land" as those terms are defined by State law and are not subject to County Subdivision or Exemption Review. A. Boundary or Lot Line Revision or Correction. Revision to Lot Lines or boundary lines for parcels of land outside of a recorded Plat for the purpose of revising boundary or parcel lines shall constitute a boundary or Lot Line revision or correction. If the proposed change affects a lot within a recorded Subdivision or an approved Exemption, it does not qualify as a boundary or Lot Line adjustment and the change must be processed as an Amended Plat pursuant to section 5 -305. The proposed change shall meet the following criteria: 1. There will be no new lots created; 2. There will be no Toss of access; 3. There will be no Toss of utility service to the parcels; 4. No parcel of land created as a state - exempt 35 acre or greater lot ursu (p ant to C.R.S. § 30 28- 101(10�b} or be reduced to less than 35 acres; 4:5. Merger occurs by way of a recorded deed; and 6. Title is held in the same form and quality of ownership, for example: fee ownership must remain fee ownership; fee ownership with the possibility of reverter must remain fee ownership with the possibility of reverter; joint tenancy with right of survivorship must remain joint tenancy with right of survivorship. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -1 Comrnon Review Procedures 4 -101. Required Notice CtiCC Baarc 0 Cou ^... U ` 0 _ o L 2 ��...,.551c"re'5 0 U = cr DI " O Z cJ - X I u Z(- i , rc PC Phnninr Ccrnm.ss.c - [ = - O L Y V U C u Q w z 0. 73 'yy a Additional Requirements 5 -202 Public/County Road Split v v v v D v v Per Administrative Review Section 4 -103. 5-203 Rural Land Development (10 Lots or Fewer) v v v v BOCC v v v v v v J 5 203 5 -301 5- 302.6. Rural Land Development Greater than 10 Lots Minor Subdivision Sketch Plan (Optional) v v v v v v v PC BOCC D PC v v v v - v -' v All types of notice for both PC and BOCC. N°t4Ge-Fn66t4e-GGIHAetefi-at4eEtst-2-1--ciaki. (€ v v -- Per .. mills ii _ '-V =! S - ..o 103. 5-302.C. Preliminary Plan PC BOCC v v v v v All types of notice for both PC and BOCC. 5- 302.D. 5- 303.6- Final Plan/ Plat Sketch Plan (Optional) v v BOCC PC v v v -- -- - -- -- -- 5- 303.0. Yield Plan v II v PC v v v -- -- - 5- 303.D. Preliminary Plan v v PC BOCC v v v v v All types of notice for both PC and BOCC. 5- 303.E. 5-304 Final Plan /Plat Amended Preliminary Plan v v 11 v v v v BOCC D D v v v v v - - v v v v v Required only if Called -up. Per Administrative Review Section 4 -103. 5 -305 Amended Final Plat 5 -306 Common Interest Community v v v D v v Per Administrative Review Section 4 -103. - -- _...- - - -- eey-aattiinng -a final -Subdivision -or v v BOCC 5-a3 7 th-ELO _ ` F:�C71Y19Fa' �- stRi � vELOMCdoE ma- ■III kl,' l3 lirf0if I,11r.leI 1.111' 4/7141 Mill 11 III Reception #: 843254 11/15 ?2013 10,53 26 AM Jean Alberico 35 of 57 Rec Fee:$0.00 Dec Fee.O 00 GARFIELD COUNTY CO 4. The lot in which the Common Interest Community is located was approved and platted as part of a Subdivision that meets the requirements of this Code. 5. Adequate easements for water, sewer, utilities, and access have been provided. 5. If applicable, an acceptable pally wall agreement has been recorded. 7. Common Interest Community Plat meets the requirements per section 5- 402.F., Final Plat, and adequately shows the location and dimensions of the vertical boundaries of each unit; the horizontal boundaries, if included; and the identifying number of each unit, along with the location and dimension of common elements and limited common elements, all as defined in the declaration. 8. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. 5-307. VACATING A FINAL SUBDIVISION OR SUBDIVISION EXEMPTION PLAT. The fiat vacation process is for the purposes of eliminating the subdivision of property as reflected by a previously recorded Final Subdivision or Subdivision Exemption Plat. This process may be necessary where a property owner wishes to return the subdivision lots reflected on a recorded plat to a single parcel of land, or to eliminate an obsolete subdivision in which lots do not meet current subdivision requirements including lot size, environmental conditions or provision of adequate infrastructure. A. Overview. 1. The BOCC may vacate all or a portion or portions of any Final Plat of any subdivision within the County upon the request of a property owner within the subdivision. 2. The BOCC may vacate the final plat only for that portion of a subdivision consisting of multiple, contiguous lots that are undeveloped and in common ownership. For purposes of this section, the existence of an improvement on a lot, which improvement was documented and in place prior to the time of subdivision approval, will not prevent the lot from being considered "undeveloped." 3. Once an application to vacate a subdivision has been submitted, no development plan shall be submitted or building permit issued until the matter has been decided by the BOCC. 4. All property owners in the subdivision must consent to the vacation of all or a portion(s) of the subdivision, even if their lots are not proposed to be vacated. 5. Applications to modify or eliminate a Lot Line on a Final Plat should be •rocessed as an Amended Final Plat •ursuant to section 5 -305 not as a subdivision vacation pursuant to this section. B. Review Process. A vacation of a subdivision shall be •rocessed in accordance with Table 5 -103 with the following modifications: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -12 1111 MK/Oil' LW AVY1.14 ,V :11111 r+ 1iiii 1111 Reception #: 843254 11/15/2013 10 53.25 PM Jean Rlberico 36 of 07 Rec Fee.$0 00 Doc Fee_0 00 GARFIE_D COUNTY 00 1. Notice. In addition to complying with the notice requirements in Section 4- 101.E., the applicant must also provide notice to all property owners and mineral owners of record within the subdivision to be vacated. 2. Subsequent Action. The BOCC will record a copy of the resolution vacating the subdivision plat that includes an attachment of the plat that is being vacated. The attached plat shall include a prominent notation on the plat showing that it was vacated in whole or in part by the affirmative decision of the BOCC. 3. Effect of Vacation. a. After all or part of the final subdivision plat for any subdivision has been vacated pursuant to this section, the land within such vacated subdivision or portion thereof mal not be subdivided without first complying with Article 5 of this Code. b. If the subdivision includes County or public rights of way, the applicant must also comply with the requirements of section 4- 108, Vacation of a County Road or Public Right of Way, in order to vacate such rights of way. The road and plat vacation applications shall be coordinated as much as possible to run concurrently. c. The vacation of all or part of the final plat for any subdivision shall have the effect of vacating all easements and private rights of way within the vacated subdivision or portion thereof. d. Title to the vacated property. Title to vacated property, including all vacated easements and private rights of way, shall vest with the rightful owner or owners of the property contained within the vacated subdivision as of the date of the Resolution vacating the plat and as shown in the County records and in a title . commitment. ii. If the vacated land is land that was dedicated to the County for public use other than a road, and the County has found that retainincj title to the land is not in the public interest title thereto shall vest with the owner or owners or property contained within the vacated subdivision. C. Review Criteria. Approval of a request to vacate a Subdivision shall require a finding of the following: 1. A title commitment no more than 30 days old as of the date of application shows that the Applicant owns all the lots to be vacated, and there are no lawsuits pending challenging such ownership; 2 All •ro•ert owners in the subdivision have •rovided written consent agreeing to the vacation; 3. If the final plat includes easements dedicated for utility, private access or other similar purposes, the BOCC may not approve the plat vacation until, the applicant has obtained in a writing to be approved by the County Attorne 's Office a release from the owner or beneficiary of the easement authorizing the vacation of such easement; and GARPIELD COUNTY LAND USE AND DEVELOPMENT CODE 5a -13 VIII kl' y �li�.i�l�d�� 1����'����.��h���r:'>< �ii't,l "� 11 11 1 Reception #: 843254 11;1512013 10:53:26 PM Jean Alber co 37 of 57 Rec Fee $0 CO Doc Fee:D CO GPRFIELD COUNTY CO 4. Vacation of all or a part of the final subdivision plat for the subdivision will promote the health. safety and general welfare of the County. DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS. 5-401.. APPLICATION MATERIALS.., A. Required Submissions. The following are the application materials required for permits and approvals and for divisions of land. Section 5-402 provides a detailed description of each submittal requirement. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -14 A.pp +C3t[c l T., pc, Exe,- npticfl - _ `G !L it 1. = c 0 >- fordable Rotasin• • a Section 8 -2O1 Written Narrative /Additional Submissions 5-202 Public/County Road Split .' 8� �, I � Demonstration of access, water and sewer. 5 -203 Rt ral Land Development Minor Subo!vislor i� ■_ 'It1 v .1121112111 ' ■■■= +� w ■■■ ■12 d - Q in ■� �■�■ to to t : I Engineering reports and plans: A, B, C, D, E. i 5 -301 Minor Subdivision Major Sucd:n.oS':ors 1 Preliminary engineering reports and plans: A, C, E, H 1 5 -302.8 Sketch Dian 5 -302.0 Preliminary Plan ko ■■■ v i# v v ■ i° v Preliminary engineering reports and plans: A, B, C. 5 -302.0 Final Nan/Plat v Engineering reports/ plans: A, B, C, D, E, F, G. Conservation SuDd,v.sizl: ^: i�� Ito ■ Arill ■ _■■■ ,■ _■� to ■ , ! 1■� ■ ■ 11M v v 111110111Engineering 1 + 5 -303.B Sketch Plan 5-303.C. Yield Plan 5 303.[} Pre Iimira6j1 Plan Preliminary engineering reports and plans: A., B., +_:. 5 -303.E Final Plan /Plat reports and plans: A, 3, C, D, E, F, G. GARFMLD COUNTY LAND USE AND DEVELOPMENT CODE 1111 lin. Illie.thPin 1111 Recept3nn#: 843254 11/15/2013 10,53 26 AM Jean Rlberico 38 of 57 Rec Fee:$0.00 Doc Fee. 0,00 GRRFIELD COUNTY CO Application Type Arnename- Cormunity 11-'7:: i • ffordatile Housm P a Section 8 -201 Written NarrativelAdditional Submissions li 5 -304 15-305 Amended Preliminary Plan Amended Final Plat Subject to section 4 -106 requirements. 5 -106 Common Interest Community Subdivision a v Explanation of consistency with urldei lying preliminary lalan and/or PUG plan. . -3 f7 acatin. a Final v v v v Additional submittal requirements as listed in section . ubdivision or Subdivision 5- 402.J. xem.tion Plat Engineering Reports and Plans A. Roads Trails, Walkways, and Bikeways. B. Mitigation of Geological Hazard. C. Sewage Collection and Water Supply and Distribution System. D. Soil Suitability Information. E. Groundwater Drainage. F. Engineering design and construction features for any bridge, culverts, or other drainage features to be constructed. G. Final cost estimates for public improvements. H. Preliminary cost estimates for improvements. GAIRFIELD COUNTY (LAND USE AND DEVELOPMENT CODE 5 -1 1111 h'i� ♦I 11119KAPLIIMI Iri��:G+ ��l��'f��i Hini,1I III Recepti.an #: 843254 1111572013 10:53:26 R•1 Jean Alberico 39 of Si Rec Fee $0.00 Doc Fee :0.00 GARFIELD COUNTY CO ■��� re.‘ A1%0'1101'1 %0lti'1101'1 irri141111 *1.H1ii 11 ill Reception #: 843254 11;1512013 10:53 26 AM Jean Rfberico no of 57 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO 1. Codes, Covenants and Restrictions. The Applicant may propose or the BOCC may require the preparation of legal documents to govern the division of land, including any associated Homeowner Association and any other codes, covenants and restrictions. Any required legal documents shall be recorded with a Final Plan /Plat approval. J. Final Subdivision or Subdivision Exemption Plat Information. --The Application must submit the following information including that listed in Table 5- 401 in order to complete an application for plat vacation. 1. Copy of Recorded Subdivision Plat and resolution approving subdivision preliminary plan 2. A description of the current condition of the subdivision including the location of anv structures, completed improvements or improved infrastructure, and any land or easements dedicated to the public 3. A statement addressing the required review criteria in Section 5- 307.C. GARFIELD COL{NTY LAND USE AND DEVELOPMENT CODE 5 -24 1111 I r. 301111 ihti1,161.11,14E111411it«if,h 1.111),10,11 11111 Reception #: 843254 11/1512013 10:53.26 AM Jean Plberico 41 of 57 Rec Fee -$0 00 Doc Fee :O D0 GARFIELD COUNTY CO Article 6 1111 /tit% 141 1111 Reception #: 843254 11/15'2013 10 53:25 AM jean Alberico 42 of 57 Pec Fee $0 00 Dec Fee 0 0 GARFIELD COUNTY CO DIVISION 1. GENERAL. 6101. GENERAL PROVISIONS, A. Purpose. The general purpose of PUD zoning is to permit greater design flexibility than is allowed by the base zone district or Subdivision regulations, as those objectives are identified in the Planned Unit Development Act of 1972, C.R.S. § 24 -67-101, et seq. PUDs must be in general conformance with the Comprehensive Plan. B. Applicability. 1. Any single parcel of land or contiguous parcels of land comprising a minimum of 2 acres, sufficient to accommodate an integrally planned environment to be developed through a unified plan, is eligible for PUD zoning. 2. Applications for PUD zoning may be made for land located in any zone district. C. Concurrent Subdivision Submittal. Any area proposing separate ownership of parcels within a PUD will, at some time, be required to be reviewed per Article 5, Divisions of Land. The review of any proposed division of land may be applied for concurrently with the review of the PUD so long as any PUD zoning decision is made prior to the review of the Subdivision Preliminary Plan. It an Applicant chooses to process a PUD and Subdivision concurrently, the Applicant will forego the specified timeline for approval set forth in section 6- 202.6.1. D. Concurrent Comprehensive Plan Amendment and PUD Zoning Submittal. A PUD zoning request may be processed simultaneously with a Comprehensive Plan amendment so long as the Planning Commission makes a final decision on the Comprehensive Plan Amendment prior to a making_ a recommendation to the BOCC on action to be taken on the proposed PUD zoning. If an Applicant chooses to process a PUD and Comprehensive Plan amendment concurrently, the Applicant will forego the specified timeline for approval set forth in section 6- 202.B.1. DIVISION 2 PUD ZONING AND AMENDMENTS. The procedures in this Article shall be processed in accordance with the common review procedures identified in Table 6 -201, Common Review Procedures and Required Notice. Additional requirements specific to a review procedure are identified by cross - reference in the left-hand column to the section that contains the requirements. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6 -1 1111 hTI'110I117i h1,1, 1.1411.'llVti' I'l 'rioi.". Mr'l 11111 Reception #: 843254 1111512013 1053:26 AM Jean Alberico 43 of 57 Rec Fee $0 00 Doc Fee 0.00 GARFIELD COUNTY CO furl:(: i i Ps. : 6-202. 1nb11- L Section 4 -101 _ _ __._ f .C3111li Ii6SltHitfi a fiui iUi f larming PUD Zoning 1(11 A 0 , ,oc.okoko (.t)rilll B °; L . (,) C w t� — i° 1, }urr l$e-v1e4w it E — - ` t J ti OD kil l'reji:i-Ilule- 1 t i m PC ..erid ( 1 -1 t. U 4o u 1 > _ � / r v Rt v (1 0Ilt -(J Nulls 1• Required Notice v 0. ,, Additional Requirements ro BOCC v Notice to all property owners within 200 feet of the proposed PUD boundary. Notice required for PC and BOCC hearings. 6 203.8. 1.a PUD Amendment (Minor) 40 w• 1 D pubiis net :e ealy Mailed notice to all property owners and mineral owners within bp PLO 6 203.B PUD Amendment i i I „ 1 PC BOCC 1 1 I - 1 -- I Notice to all property owners and mineral owners within the PUD and all property owners (Substantial) within 200 feet of the 1.b — I PUD boundary. Notice required for PC and BOCC hearings- I 6 -2 02, PUD ZONING. A. Overview, An application for PUD zoning is a type of rezoning. Do Review Process. Applications shall be processed according to Table 6 -201, Common Review Procedures and Required Notice, with the following modifications: 1. Decision. A PUD shall be approved, conditionally approved, or denied by the BOCC within 120 calendar days from the date the application was determined complete. Upon request by either the County or the Applicant, a different, mutually agreeable time period for review may be established. ae The BOCC may, at the time of zoning as a PUD, modify dimensional standards, uses, or other code requirements such as density, land dedications, and improvement standards that would otherwise be applicable in the parcel's original one district, if the modificatibri furthers the objectives of this Code. b. The approval of a PUD constitutes a zone district amendment and shall be recorded on the Official Zoning Maps and recorded with the County Clerk and Recorder within 30 calendar days of BOCC GARFIELD COUNTY LAND USE AAJ® DEVELOPMENT Coo 6 -2 1111 k'i'aw � ���l r�� 11,9f.1Ilt' 11 111 «I, I MI Mil 11 111 Recept i onk# : 843254 11/15/2013 10:53-26 PM Jean Flberico a4 of 57 Rec Fee -$0 00 Doc Fee 0.00 GfRFIELD COUNTY CO 6 -203. PUD ZONING AMENDMENT. A. Overview. Applications for an amendment to an approved PUD shall be reviewed by the Director who shall determine whether the amendment is a Minor (nonsubstantial) or Substantial Modification. In all cases, the following will be deemed a Substantial Modification: 1. Modifications to the approved phasing plan. 1.Removal or release of a plan provision as stated in C.R.S. § 24- 67- 106(3) U. Review Process. Applications for amendment to a PUD shall be processed pursuant to the following: 1. Pre - Application Conference. Applicant must come to the pre- application conference prepared to discuss the proposed amendment and how it does or does not comply with the criteria in section 6- 203.C. After hol -ding a the pre - application conference and within 10 business days of receiving all necessary information, the Director shall make 1 of the following 3 determinations: a. Minor Modification. The Director shall apply the criteria in section 6-203.C. to determine if the proposed amendment is minor in nature. Upon finding the amendment is a Minor Modification, the Director shall amendment afld provide written notice of this finding to the Applicant and the Applicant may then submit an application for a PUD amendment, subject to the following process:. - (1 ) Determination of Completeness. Upon performing a completeness review, if the application materials deviate from the information provided during the pre - application conference and indicate that the minor modification finding was in error, the Director may revoke that finding and treat the request as a Substantial Modification. (2) Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: • i. The additional number of copies to be delivered to the County ii. The date the Director will render a decision; and iii. The notice form that the Applicant is required to mail all property owners and mineral owners within the PUD. (4 -}(3) Notice. The Applicant shall mail notice pursuant to section 4- 101.E.b(2) and shall include notice to all property owners of record within the PUD as well as all owners of mineral interest consistent with section 4- 101.E.b(4). The notice shall be mailed at least 15 days prior to the date of the Director's decision and shall include a vicinity map, a PUD map, a short narrative describing the proposed PUD amendment, the contact information for the Community Development Department and the date that the Director will make a decision. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6-4 1111 R? 1111119 0lh1Il it EIS 11111 Reception #: 843254 11/15 /2013 10.53.26 PM Jean Plberico 45 of 57 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO 54) Decision. The Director will inform the Applicant and the BOCC of the approval, or basis for denial, in writing within 10 days of the date of decision. (-2}(5) i ur sient_ Action_ T t-1 amended PUD .Plan. r7 Ali asso; i cL 1cun1ents are recorded within 30 days from an t P ;tl ov 3l l ljr b. Substantial Modification. {1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for a PUD. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. (2) —ii. Notice shall be provided pursuant to section 4- 101.B.(2) -(4) and shall include notice to all property owners of record within the PUD. Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may requrest the decision by called -up to the BOCC pursuant to section 4 -112.B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. C. Review Criteria. Minor Modifications to a PUD are those that deviate from previously- approved standards or rearrange /reconfigure elevations, structures, parking areas, landscape areas, utilities, or other site improvements in an approved PUD, and that meet all of the following criteria as applicable: 1. Conform to the Comprehensive Plan; 2. Is consistent with the efficient development and the preservation of the character of the development; 3. Do not increase the density; 4. Do not decrease the amount of dedicated Open Space; 5. Do not affect, in a substantially adverse manner, either the enjoyment of the land abutting upon or across the road from the PUD or the public interest; 6o Do not change the use category of the PUD between residential, commercial, or industrial uses; and 7. Will not be granted solely to confer a special benefit upon any person; and 8. Shall not affect the rights of the residents, occupants, and owners of the GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6 -6 0111 Wri.16INFAIlivii NI Air: I :MI I! 11 I Reception 843254 1111512013 10 63 26 PM Jean Plberico 46 of 5'r Reo Fee $0 00 Doc Fee. 0 00 GARFIELD COUNTY CO DIVISION 3. SUBMITTAL REQUIREMENTS. 6 -301 -APPLICATION ON MAT €RIALS. The following are the application materials for €IUDs and PUD Amendments. Sections 4-203 and 6 -302 provide detailed descriptions of each submittal requirement. 1 .itaiv 6 301 Nut31111tt:41 I'!4tu111111111111•, Suction .203. E. ( [7 c; [I 1 1 i3 n Ps �a:r:lirlrl is Application Type Planned Unit Devekvi eft N L N o W tit ft m w 0 is ai O w v .9 lb � :3r O ;,1 •1 ti U m m -) o .( '5; c: L t! _ ... - 0 �r IA W C d 0 0 0 <i y�J u� ... ; w0 C7 C7 5 a.3 tY 8 it u 6-202 PUD Zoning too 6-203 PUD Amendment May require a new application if determined to be a Substantial Modification. 6-302. DESCRIPTION OF SUBMITTAL REQUIREMENTS. A. PUD Plan. 1. PUD General Descriptions. A written description of the proposal shall include the following information: a. General project concept and purpose of the request; b. Explanation of how the PUD is in general conformance with the Comprehensive Plan; e. Description of how the proposed development departs from the otherwise applicable standards of this Code but meets the intent and purpose of this Article; d. Relationship of the proposed PUD development to the existing and uses and adjacent property land uses; and e. Phasing and timing for the proposed development including the start and completion date of construction of each phase. 2. PUD Technical Descriptions. A written description of the proposal shall include the following information: a. Method arid calculation used to determine overall project and specific use type densities; b. The PUD shall demonstrate how common wastewater facilities will be controlled or governed by the future owners within the PUD; GARFI €LD COUNTY LAND USE AND DEVELOPMENT CODE 6-6 1111 F'r i RiverirJON k I' I lirmo `Y1119 11 II I Reception #: 843254 11/15/2013 10,53.26 AM Jean Rlberico 47 of 57 Rec Fee :$0.00 Doc Fee :0.00 GPRFIELD COUNTY CO Article 7 ■III PIN VI INT,1 Ali �� ' I 'J Ll f #lti I ��,hi�s� i�N 1I II I Reception 843254 11(15/2013 10 -53 -26 P1 Jean Alberico 48 of 5T Rec Fee:$0 00 Doc Fee•O 00 GPPFIELD COUNTY CO for jrnprovernents to State or Federal highways or County Road2, the developer sh2il be responsible for paying for those ii oprovements. G. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedications. All rights -of -way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts thlermi as sucft E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. Fn Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: 1. Circulation and Alignment. The read system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2, Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between offset intersections, unless otherwise qv pr avec1 b bL r° b � /14JV661 by 1116' JUI 117. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 741 Malur Collector 2501+ I_xlr1'- / Mnrul 11)Ilrlior 401 - 2500 1111 ii.0 lljild iy ,1.1111111,1 , ier(rndary I ;111 Al Pat 1-,,, Aur^.'r ',,e•rrri I'rurlutivr• 21 -100 Pilinrlivt./ Drivrw.ly 0 —20 Public I,nul Alley.. No Access to DU Design Standards Design Capacity (ADT) 201 — 400 101 -200 nlmum ROW Width {Feet) 80 60 50 50 40 15 to 301 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 ch_y141er unrtrrk (Feet) 8 6 6 4 ? 0 0 6 Min. Paved 4 Min. Paved 4 Min. Paved 2 Min. Paved Mitch Width (Feet) 10 10 6 6 4 3? 0 Crass Slope 2% 2% 2 "% 0 2% Chip /Seal 3% Gravel 2% Chip /Seal 3% Gravel 2% n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 1 12% 12% 12% 12% Surface Asphalt or Chip /Seal Chip /Seal Chip /Seal or Gravel Gravel Gravel Native Material n/a 1 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 If determined necessary for adequate drainage. 1. Circulation and Alignment. The read system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2, Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between offset intersections, unless otherwise qv pr avec1 b bL r° b � /14JV661 by 1116' JUI 117. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 741 ■11111'i1iNi1911/'fl'I10,'., '4I01'k' 141:111•' ''i 11111 Reception #: 843254 /':1512013 1053:26 AM Jean Alberico 49 of 5T Rec Fee :SO 00 Doc Fee :0 00 GARFIELD COUNTY CO fie Locatiornal Controls of Land Disturbance, Land disturbance shall be iecated so that wildlife is not forced to use new migration eerrielnre, and 's not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C, Preser=vation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Division of Wildlife. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post - disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. 7403. PROTECTION OF WATERBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. �. in the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7- 203.A.3, will adhere to a setback of 2.5 times the distance between the TOI =IWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Setback Wittio Ai Setback Figure 7 -203: Minimum Setback Distance Rt Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. GARFIFLD COUNTY LAND USE AND DEVELOPMENT CODE 7=8 1111h'i IFfli ' 141NLIATrileiri iihii. 1,11111 Reception #: 843254 11;1512013 10 53 26 AM Jean Olberico 5n of 57 Rec Fee $0 00 Doc Fee 0 00 GPRFIELD COUNTY CO 7-208. ECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as weii as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a COOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short -term preparation of the site. R. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural - appearing iandforms that blend in with adjacent undisturbed topography. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on -site vegetation within 2 growing seasons, using species with a diversity of native and /or desirable nonnative vegetation capable of supporting the post - disturbance land use. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. 3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot - clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards the following These standards shall apply to all uses, divisions of land and PUDs. residential uses, excluding ssingle- family dwelling units, are specifically exempt from these Division 3 standards. , GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-i6 ■III h'�� � tiiii.l 'nIvrt ri41 #14 111111 Reception #: 843254 1 ^r'H /2013 10:53•26 PM Jean Piberico 5, of 57 Pec Fee -$0 00 Doc Fee.D.00 GPRFIELD COUNTY CO tie Backing Onto Public Streets prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not he required to back onto a !subuc read Vehicles exiting from a parking space for a single - family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right -of -way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. . Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1 -way drive and 24 feet for a 2- way drive. b. The access driveway for a residential use shall be 10 feet for a 1- way drive and 20 feet for a 2 -way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7- 3 03.1. O. Parking and Loading Area Landscaping and illumination. Off-street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter Landscaping, proper screening of loading areas with opaque materials, and control of illumination. 7-303. LANDSCAPING STANDARDS. Accessory dwelling units, industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. .residential A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought - tolerant grasses, ground covers, trees and shrubs. The density of the re- established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines B. Multi- Family Development. Lots in a Residential Zone District that contain multi - family dwellings shall be landscaped in the areas not covered by impervious materials. C. Subdivision, PUD, and Rural Land Development Exemption. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development, the unique ecosystem, and specific environment in which the development is located. GARFILLD COUNTY LAND UsL AND DEVELOPMENT CODE 719 ■III �i� y li�li� 1�'Iti Ii i' I ' I 'IL ��4�� � h�' I 'f� �I "111 �I Reception #: 843254 11,1512013 10.53 -26 PM Jean Alberlco 50 of 50 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY GO 6 t3 4. MINIMUM PLAIJTINQ STRIP gm e MIMINIMYM PL.AAfTING STRIP i4! E }I1c, 7 -304. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that Tight is directed inward, towards the interior of the Subdivision or site. R. Shielded Lighting. Exterior lighting shah be fully shielded or arranged in a manner so that concentrated rays of Tight will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or ether illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. 7 -305. SNOW STORAGE STANDARDS. All residential uses except for multi - family are exempt from this section, unless the residential use includes - - - - _ - _ _ - - - _ - - _ _ - - - _ -- - - -- ..• - _' - a common outdoor parking area .= A. Minimum Area. A designated area sufficient to store snow from the entire parking area shall be provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total area of the required off - street parking and loading area, including access drives, shall be designated to sere as a snow storage area. B. Storage in parking Spaces prohibited. Required off - street parking and loading areas shall not be used for snow storage. GARFIELD COUNTY LAiio USE AND DEVELOPMENT CODE ■Iff 180:Li411rl4 7111/:541G0;11#14 •1II► Recept.ion#: 843254 11.15,2013 10.53:26 AM Jean Alberico 53 of 57 Rec Fee $0 00 Doc Fee 0.00 GARFIELD COUNTY CO 7. Shall not be a yard -within a boundary of a residential lot. Shall not be reserved for any other type of use DIVISION 6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED USES. 7401: - A WAI ` ANCT UAR°T,. A. Facility. AB facilities shall have a minimum of 35 acres of and and animals shall be contained en the property. S. Noise. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25 -12 -103, except as permitted by C.R.S. § 25- 12- 103(2) and (3). C. On -site Wastewater Treatment System Required. OWTS shall be capable of handling all feces and urine waste from the Kennel or building in which animals are kept, or the feces and urine waste shall be stored in a sealed container capable of being pumped for disposal by a commercial hauler to dispose of such waste at an approved Solid Waste Disposal Site. D. Drainage Impacts. Any fenced corrals or pastures for keeping animals will be required to demonstrate that drainage will not affect off -site water supplies or water quality. 7 -602. ANIMAL PROCESSING. All facilities shall be in compliance with USDA, CDPHE, and any other Federal, State, and local regulations. 7-603. KENNELS. These standards apply to both Small and Large Kennels. A. Enclosed Building and Noise Prevention. All Kennels shall be completely enclosed within a building, however, a Kernel may have dogs outdoors if the noise from the Kennel does not exceed the noise standards pursuant to section 7- 603.B. and complies with other Garfield County regulations as provided. B. Noise. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25- 12103, except as permitted by C.R.S. § 25- 12- 103(2) and (3). C. Waste and Sewage Disposal System. 1, Liquid and solid waste, as defined in the Solid Waste Disposal Sites and Facilities Act, C.R.S. § 30- 20- 100.5, shall be disposed of with either an OWTSS or shall be stored and removed for final disposal in a manner that protects against nuisance and surface and groundwater c� waste Wp (9 All other aste shall be removed from the site by a commercial hauler to an approved Solid Waste Disposal Site. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -31 1111 1111 Reception#: 843254 11115/2013 10:53:25 AM Jean Rlberica 54 of 57 Rec Fee:$0 00 Doc Fee:0 00 GARFIELD COUNTY CO uonceating and Screening. When an industrial use is not located on an industrial zoned property, all storage, Fabrication; service: awd repair J���tio n: s hall be conducted within an c r_.P«° s building or have adequate provisions, based on location and topography, to conceal and screen the facility and/or operations from adjacent property(s). D. Storing. 1. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. 2. All products shall be stored in compliance with all national, State, and Iocal codes. 3. Shall be a minimum of 100 feet from an adjacent property line. 4. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). E, Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer's standards and shall comply with the national, State, and Iocal fire codes and written recommendations from the appropriate local fire protection district. Ea Noise. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard to noise abatement. G. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. H. Hours of Operation. Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m to 7:00 p.m. Monday through Saturday, or as approved by the decision - making authority. I# I. Interference, Nuisance, or Hazard. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. 7-1002. GRAVEL EXTRACTION. A. Water Quantity and Quality Impacts /Floodplain Impacts. Every application for gravel extraction shall address the following: 1. No application shall be accepted by the County without a letter from the applicable fire protection district stating that the proposed project has been adequately designed to handle the storage of flammable or GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -4 ■III P.610911011r1 rio 1141'S'rL4arr rill ■1III Reception: 843254 11/1512013 10:53:26 AM Jean A1berico 55 of 57 Pea Fee•$0.00 Doc Fee•0.00 GPRFJELD COUNTY 00 explosive soilds or gases and that the methods comply with the national, State, and docai fire codes. 2. No materials or wastes Sh -ii be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. 3. When the proposal is near a river or stream, the Applicant is required to submit an analysis by a professional engineer showing the boundaries of the Floodplain and the Floodway in the area of the pit. 4. All gravel extraction operations shall comply with the applicable standards of section 3 -301, Floodplain Overlay Regulations, and will be subject to section 4 -109, Development in 100 -Year Floodplain. a. In all cases, there shall be no storage of fuel or hazardous materials including concrete /asphalt Batch Plants within the Floodway. b. All applications_ shall provide a dewater /discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the discharge will not exceed State standards for discharge into a water course or Wetland. B. Air Quality. No application shall be approved until the Applicant submits evidence that uses shall have current CONE air pollution permits and shall meet current CDPHE emissions standards for air and water. C. NoiseNibration. Gravel extraction operations shall be conducted in a manner such that the volume of sound generated does not constitute a public nuisance or hazard. Gravel extraction operations shall comply with the st.andarris set forth in C_R.S., Article 12, Title 25, except as such standards are modified as follows: 1. An Applicant shall submit a noise study that demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of 25 feet or more beyond the subject property, except as excluded for construction activities per C.R.S. § 25 -12 -103 et seq., that allows up to 80 db(A). 2. The dB(A) threshold shown in Table 7 -1002 shall be that of the receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below are measured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7:00 s.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a. m. / Ielel' tJr,ON I I „ h ,l l en:! rJt i,jlie,uii j U , Use 1 . in lri 11]u, 1 poi Iii / .urr Residential 55 dB(A) Commercial 60 d8(A) 50 dB(A) 55 d8(A) Light Industrial industrial 706 dB(A) 65.70 dB(A) 80 d8(A) 1 75 dB(A) GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 746 1111 h'i 110E A1411.1 I0111'141M, IN. Pi 11 II Reception #: 843254 11115/2013 10.53:26 PM Jean Plberico 56 of 57 Rec Fee•$0.00 Doc Fee :0.00 GARFIELD COUNTY CO Article 9 ■III Ili'. 0111 r0f 1MIAli, 1 1417011 111 NO. 11111 Reception#: 843254 1105'2013 10.53 25 PM Jean Plberico 57 of 57 Rec Fee:$0 00 0oc Fee :0,00 GPRFIELD COUNTY CO c. I roc notice Krum the Applicant is required to mail to the Adjacent Property Owners. C.. Review by Referral Agency. Review by referral agency shall he conducted pursuant to section 4- 101.0. with the following modifications: 1. Upon the filing of a complete application, the Director shall promptly forward 1 copy to the County Road and Bridge, Vegetation Management, and Engineering Departments, the Oil and Gas Liaison, the County Sheriff, the appropriate fire district, and any adjacent municipality for comment. D. Evaluation by Director /Staff Review. Evaluation by Director /Staff Review shall be conducted pursuant to section 4- 101.D. B. Notice of Pending ApplicationP,li^c Hea ing- Within 7 days after the application has been determined complete the Applicant shall provide notification by certified mail to all property owners within 200 feet of the route and a sign shall be posted on the portions of the route crossing or adjacent to a public road. Both the notice and the sign shall indicate that an application has been made and provide the phone number of the Community Development Department where information regarding the application may be obtained. F. Decision. Within 30 days of the date of determination of completeness, the Director may approve, conditionally approve or deny the application. Within 10 business days, the Director shall inform the Applicant and the BOCC in writing of the decision. 1. Approve the Application. If the application satisfies all of the applicable requirements of this Code, the application shall be approved. 2. Conditionally Approve. The application may be approved with conditions determined necessary for compiiance with this Code and may include, but are not limited to, the relocation or modification of proposed access roads, facilities, or structures; landscaping, buffering, or screening; posting of adequate financial guarantees; compliance with specified surface reclamation measures; or any other measures necessary to mitigate any significant impact on surrounding properties and public infrastructure. 3. Deny the Application. If the application fails to satisfy the standards of this Code, and compliance cannot be achieved through reasonable conditions of approval, the application shall be denied. 4. Failure to make a decision. For an application submitted by a Public Utility or power authority, failure by the Director to make a determination on the application within the timelines set forth in C.R.S. § 29 -20 -108, shall result in the application being considered approved and the County may process Applicant's building, access, or other permits, provided the Applicant builds the pipeline in compliance with the application. 5. Waiting Period. The Director shall issue a decision on the application to the Applicant and provide a copy to the BOCC. The decision is not final and no permit shall be issued for 14 days after the date of the Director's decision. 6. Unless otherwise approved by the decision - making body, an Applicant has 1 year from the date of approval to satisfy any remaining conditions precedent to issuance of a Land Use Change Permit. GARFIELD COUNTY LAND USE AN ® DEVELOPMENT CODE 9 -4