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HomeMy WebLinkAbout2.0 Staff report PC 05.18.2011Text Amendment - Text References to the Comprehensive Plan Applicant: Board of County Commissioners Planning Commission Public Hearing -- May 18, 2011 Exhibit A — Proof of Notification Exhibit B — Staff Report, dated May 18, 2011 Exhibit C —Town of Carbondale Letter, dated May 10, 2011 Exhibit ID —Town of New Castle Letter, dated May 17, 2011 6352998 PROOF OF PUBLICATION RIFLE CITIZEN 1GEN 1 GLEGRAM STATE OF COLORADO, COUNTY OF GARFIELD 1, Ienna Weatherred, do solemnly swear that I am a Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty -two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly "qualified for publishing legal notices and advertisements within the meaning of the laws of .the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/7/2011 and that the last publication of said notice was dated 4/7/2011 in the issue of said newspaper. In witness whereof, I have here unto set my hand this 25th day of April., 2011 JP 1 Jenna Weatherre. , Publishe Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 25t)' day of April, 2011 Mary E. Borkenhagen, Notary Public My Commission expires: August 27, 2011 Garfield County Building l v0 [l ii • "s i7;1 ;_i , ;a 06/27/201i l PUBLIC NOTICE Take Notice that the Board of County Commissioners has Initiated a Land Use Code Text Amendment to the Unified Land Use Resolution of 2008, as amended (the Land Use Code). Description of Taxi Amendment Requested The Board 01 County Commissioners has requested to emend or modlty.those sections of the Land Use Code that specifically reference haw the Comprehensive Plan 2030 should be addressed in making land use deci- sions. The following options will be considered: 1) Retain current code language that requires" adherence" to the Comprehensive Plan tor all land use decisions. 2) Remove all references to the Comprehensive Plan in the Land Use Code and only apply the Comprehensive Plan where required by state taw (CRS). 3) Modiy present language in the land Use Code regarding' adherence" to the Plan: Apply the Comprehensive Plan where state law requires as well as during any land use decision in which the BOCG determines appropriate and in regards to whatever'degree" of compliance Is required. Sample language to consider: - In (genera!) conformance with the Plan... - In (general) compliance with the Plan... • In adherence with the Plan... - Serve to (further) and implement the Plan... - Achieve the goals and the policies of the Plan.... - Be considered and evaluated in light of goals and policies of the Plan... - Shall consider the compatibility of the proposed land use plan with the Comprehensive Plan; - Other 4) Modify the language to read: 'The Comprehen- sive Plan serves as a guide and is advisory to the goals of the land use In Garfield County which the Board of County Commissioners has determined appropriate." Ali persons affected by the proposed text amendment are invited to appear and state their views, protests or support. If you cannot appear personally at such hearing, then you are urged to state your views by ielter, as the Planning Commission will give consideration 10 the all comments received, in deciding whether to recommend approval, modification or denial of the request. The application may be reviewed at the office of the Planning Department located 51 108 81h Street, 4th Floor, Garfield County Administra- tion Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on this request has been scheduled for the 18111 day of May 2011,. at 6:30 p.m. in the County Commissioners Meeting Room, Garfield County Administration Bullding, 108 8th Street, Glenwood Springs „Colorado. Published in the Citizen Telegram on April 7, 2011. [8352998] topple, 7 PROJECT INFORMATION AND STAFF COMMENTS EXHIBIT TYPE OF REVIEW: Text Amendment to the Unified Land Use Resolution of 2008, as Amended APPLICANT: Board of County Commissioners John Martin, Chair DATE: May 18, 2011 1. BACKGROUND — DESCRIPTION OF PROPOSAL A. The Board of County Commissioners (BOCC) has requested an amendment to the Unified Land Use Resolution of 2008, as amended (ULUR) for all areas of the ULUR that ask for a Land Use Change Permit to demonstrate a level of compliance with the adopted Comprehensive Plan. At a February 22nd meeting, the BOCC expressed a desire to preserve sufficient flexibility in the decision - making process by modifying or removing specific references to the Comprehensive Plan. Such references are detailed in Attachment A. B. The Comprehensive Plan - he Planning Commission's adopted November 10. 2010 Comprehensive Plan state "The Plan has been developed to provide a general statement of .irection or an use planning in unincorporated Garfield County. The Plan provides a foundation for decisions and policies that guide and direct the physical, social and economic development for the unincorporated portions of the county." In addition, the Plan notes that it is Tong -term in nature and the" goals, policies and strategies of the plan are intended to provide a steady, predictable direction of the n, ex 20 years." The plan also states that " as needs and issues continue to change in the County, the Plan will need to be revisited and updated to be sure that it continues to reflect the public vision and the plan's realistic implementation." C. The ULUR — Garfield County requires and, has required for over 41 years, land use decisions to be consistent with the adopted Comprehensive Plan. In both the 1970 and1978 zoning resolutions, the code required land use decisions to be "in accordance with the adopted Comprehensive Plan. In the 1984 revised code, the language continued to required "conformity or compatibility" with the Plan. The ULUR adopted in 2008 states. nactment, amendment and administration of this Land Use Code sha).l —.-, be in accordance with and shall serve to implement the goals and policies of the l Gar ie d County Comprehensive Plan. ' Neither the Plan nor the Unified Land Use "Resolution (ULUR) currently requires the plan to be verbatim "mandatory." The ULUR uses a variety of phrases to describe the required adherence (see Attachment A for a complete table of Comprehensive Plan references): 1.0 IsGV2 A.,n, 2e, �UO�IGY"�S - In compliance with (applicable provisions)... - To comply with the goals and policies... - Be consistent with (applicable provisions) ... - That is consistent with stated goals for development ... - To determine conformity... - Achieve conformity with... - General conformity with... - Conform(ance) with... - Compatible with... - Goals, policies and programs of the Comprehensive Plan to be implemented through... D. The Colorado Revised Statutes — Article 30- 28- 106(3)(a) of the C.R.S. states "the master plan of a county shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the county's adopted subdivision, zoning, platting, planned unit development, or other similar and development regulations after satisfying notice, due process, and hearing requirements..." thus leaving it to each county to determine how to appropriately use their adopted comprehensive plan during the land use review process, excluding three land use change permits in which the Colorado State Law explicitly requires general conformity with the comprehensive plan. These land use change permits include Location and Extents (C.R.S 30- 28- 110(1 )(a)), PODS C,R.S. 24 -67 -104), and,1041Transit Facilities (C.R.S. 24- 65,1- 202(5)(d) and 204- (4)(a)). E. For context, Staff researched the current language in the County's adopted ULUR as well as the language that is used in the municipalities' and a variety of County's land use codes. In sum, all municipalities within the County as well as similar counties have language in their land us`e code that requires st T , applicants, planning commissions and co nct s /trustees /boards•to evaluate the consistency of a land use application /decision w'Their adopted Comprehensive Plan. Language from each code is highlighted below: • Town of Silt —All Land use development proposals shall: (A) Conform to the town's comprehensive plan than in effect and as amended, unless the town, after formal review process, approves any noncompliance or variance from the comprehensive plan associated with such land use; and (B) be considered and evaluated by the town in light of guidelines, goals and provisions of the town's comprehensive plan then in effect and as amended. • Town of New Castle — The planning commission is responsible for making investigations and reports of the design and improvement of proposed subdivision and requiring conformance of such subdivisions with the town's comprehensive plan and any transportation, and use, or other special plans as may be adopted by the town council. 2 City of Glenwood Springs — The Planning Commission approve the development proposal and recommend to the City Council that a development permit be issued subject to such conditions as it finds necessary to ensure that the proposed development complies with the Comprehensive Plan, other adopted City plans this Code or City goals and policies and adopted by ordinance or resolution. ■ City of Rifle — The Planning Commission shall consider the (5) compatibility of the proposed use and the site (or subdivision) plan with the Comprehensive Plan; Town of Carbondale The planning commission is responsible for making investigations and reports on the design and improvement of the proposed subdivisions and requiring conformity of such subdivisions with the master plan of the town, state statutes and this title... ■ Town of Parachute - The Town Administrator shall consider all the evidence presented by the applicant and other interested parties, comments of review agencies, recommendations of the Town Engineer, staff and consultants and comments from the public. At a minimum, the Town Administrator shall also consider the following criteria: ...Compatibility of the proposed use and the site plan with the Parachute Plan.. ■ Mesa County — This Land Development Code is adopted for the purpose of preserving and improving the public health, safety, and general welfare of the citizens and businesses of Mesa County. More specifically, it is the purpose of this Land Development Code to: ...Implement the purposes, goals, and policies of the Mesa County Master Plan... ■ Larimer County - The purpose of this code is to preserve, protect and improve the health, safety and general welfare of Larimer County residents and to implement the Larimer County Master Plan adopted Nov. 19, 1997, and any future amendments...More specifically, this code is intended to: Provide for the physical development of the county in order to:..Achieve the principles and strategies described in the master plan... ■ Rio Blanco County - The Rio Blanco County Land Use Resolution is intended to serve and promote the health, safety, comfort and general welfare of its citizens....The regulations are designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the county, including, but not limited to:... Conforming to the adopted comprehensive master plans for the physical development of the unincorporated territory of the county... Delta County - The intent of the general procedures for review and approval of a standard subdivision is to assure:...Compliance with the Delta County Master Plan. 3 ■ Weld County - ...The Board of County Commissioners shall approve the request ... only if it finds that the applicant has met the standards or conditions of Paragraphs 1 through 5 below and Section 23- 2- 50...(and) that the proposal is consistent with the policies of Chapter 22 (Comprehensive Plan) of this Code. II. AUTHORITY -- ULUR CRITERIA Section 4 -202 outlines the procedures for consideration of a Text Amendment request to the ULUR. The criteria for approval of a Text Amendment is contained in the following excerpt from Section 4- 202(A)(8): SECTION 4 -202 LAND USE CODE TEXT AMENDMENT. The following criteria shall apply to proposed Land Use Code text amendments. a. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. b. Compliance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regulating land use. III. STAFF ANALYSIS Due to the nature of the request, the first criteria (a., above), is not relevant in this analysis. In regards to the second criteria (letter b, above) which requires compliance with Statutory provisions, staff recommends that at a minimum, reference to statutory requirements to comply with the Comprehensive Plan be retained in the ULUR (see C.R.S citations in Attachment A). This text amendment request may change the criteria under which all land use change permit applications, excluding C.R.S. requirements, are reviewed within Garfield County. IV. REFERRAL COMMENTS No formal requests for referral comments were sent. However, the County received comments from the Town of Carbondale's Planning Commission on May 10, 2011. See Attachment B. V. RECOMMENDATIONS The following options were outlined by the Applicant (BOCC) for the Planning Commission to consider in this Text Amendment request. The Planning Commission should review these options and make a recommendation for the specific retention, removal or modification of the ULUR text. A. / Retain current code language \that requires "adherence" to the Plan for all land use decisions. How it would apply: Continue to require all land use change permits to be in accordance with and serve to implement the goals and policies of the Comprehensive Plan. B. Remove all references to the Comprehensive Plan in the Land Use Code and only apply the Comprehensive Plan where required by state law (CRS). How it would apply: Apply the Plan only where the C.R.S. requires (PUD, Location /Extent, 1041 Transit Facilities). C. Modify present language in the Land Use Code regarding "adherence to the Plan. How it would apply: Apply the-Comprehensive Plan where state law requires as well as during any land use decision in which the BOCC determines appropriate and in regards to whatever "degree" of compliance is required. Sample language to consider: In (general) conformance with the Plan... In (general) compliance with the Plan... In adherence with the Plan... Serve to (further) and implement the Plan... Achieve the goals and the policies of the Plan.... Be considered and evaluated in light of goals and policies of the Plan... Shall consider the compatibility of the proposed land use plan with the Comprehensive Plan; Other D. Modify the language to read: "The Comprehensive Plan serves as a guide and is advisory to the goals of the land use in Garfield County which the Board of County Commissioners has determined appropriate." How it would apply: On a case by case basis, the BOCC would determine when the policies of the Comprehensive Plan would be used in a land use change permit review process. 5 May 10, 2011 Garfield County Planning Commission Garfield County Board of Trustees 108 8th Street, Suite 401 Glenwood Springs, CO 81601 TOWN OF CARBONDALE 511 COLORADO AVENUE CARBONDALE, CO 81623 Re: Garfield County Comprehensive Plan 2030 Dear Board Members and Commissioners: EXHIBIT C- I understand that the Garfield County Planning Commission will be holding a public hearing on May 18, 2011 to discuss amendments to the Unified Land Use Resolution (ULUR), The ULUR currently requires that land use decisions be made in "accordance with and shall serve to implement the goals and policies of the Garfield County Comprehensive Plan." The amendment to the ULUR could possibly remove or modify language requiring that land use applications comply with the Comprehensive Plan. I discussed the amendment with the Carbondale Planning and Zoning Commission at its April 28, 2011 meeting. The Commission unanimously requested that I send a letter to Garfield County requesting that the current code language that requires "adherence" to the Plan for all land use decisions be retained. The newly completed Garfield County Comprehensive Plan 2030 was developed to provide a general statement of direction for land use policies to guide and direct the physical, social and economic development for the unincorporated portions of the county. The process took over a year and involved citizen input, citizen surveys and a number of public meetings prior to adoption. To amend the ULUR so that the Comprehensive Plan could be advisory rather than used as a planning tool during land use decisions shows a disregard to the public input and citizen involvement that took place during the Comprehensive Plan process. Overall, though the Carbondale Planning Commission disagrees with certain sections of the Comprehensive Plan, the Commission strongly supports the County having a plan that will guide policy and be a document which the Town can rely upon for direction on making land use decisions during our own planning processes. Thank you for the opportunity to submit comments. Sincerely, anet Buck Town of Carbondale Town Planner EXHIBIT TOWN OF NEW CASTLE ADMINISTRATION D P.O. Box 90 PHONE: 970-984-2311 450 W Main Street FAX: 970- 984 -2716 New Castle, CO 81647 www.newcastlecolorado.org Garfield County Board of County Commissioners John Martin, Chair Glenwood Springs, Colorado 81601 May 17, 2011 Dear Sirs: The Town of New Castle Town Council unanimously supports adoption of the County Comprehensive Plan as a mandatory requirement for . new development in Garfield County. The County Comprehensive Plan recommends development be centralized in already established municipalities. We believe that economic development is of utmost importance in all of Garfield County. We understand that natural amenities bring business and residents to Garfield County. These amenities include our open space, our viewsheds, our river corridors, and the wild lands and recreation areas we in Garfield County have preserved. Equally attractive are our well organized cities and towns with centralized services, business centers, cultural facilities, and high density residential areas. In short, we don't believe that filling up the areas between towns is in the best interest of the future of Garfield County. We unanimously recommend that you make the County Comprehensive Plan a mandatory requirement of new development, except in extremely unusual circumstances. Thank you for your consideration of this matter. With all good wishes, ', { r.& i o4) r Frank Breslin, Mayor, Town of New Castle