HomeMy WebLinkAbout1.0 Memo BOCC 02.15.2011Garfield County
MEMO
TO: BOARD OF COUNTY COMMISSIONERS„(
FROM: TAMRA ALLEN, LONG RANGE PLANKEEI a d FRED JARMAN, DIRECTOR
DATE: FEBRUARY 15, 2011
RE: "ADVISORY VS. MANDATORY" COMPREHENSIVE PLAN DISCUSSION
BACKGROUND
At both the Gateway Retreat and the February work session on the Comprehensive Plan, the Board of
County Commissioner directed staff to provide alternatives for them to review in regards to how
address the issue of "Mandatory vs. Advisory" nature of the recently adopted Comprehensive Plan. To
be clear, neither the Plan nor the Unified Land Use Resolution (ULUR) currently requires the plan to be
verbatim "Mandatory." The language in the plan calls for the Plan to be "a general statement of
direction" while the ULUR 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 current
language in both the Plan and the land use resolution are consistent with how the county has operated
over the last 41 years. Also of importance during the consideration of modifying the resolution
language are the existing requirements of the Colorado Revised Statutes. The specific language from
each document follows:
• The Plan - The Planning Commission's adopted November 10, 2010 Comprehensive Plan states
"The Plan has been developed to provide a general statement of direction for land 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 long -term in nature and the goals,
policies and strategies of the plan are intended to provide a steady, predictable direction of the
next 20 years. And yet, as needs and issues continue to change in the County, the Plan will need
to be revisited an updated to be sure that it continues to reflect the public vision and the plan's
realistic implementation.
■ The ULUR - Garfield County requires and, has required for over4l years, land use decisions to
be consistent with the 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: "Enactment, amendment and administration of this
1
Land Use Code shall be in accordance with and shall serve to implement the goals and policies
of the Garfield County Comprehensive Plan." Further, the code uses a variety of phrases to
describe the required adherence (see attached table for more detailed information):
- 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...
■ Colorado Revised States — 30- 28- 106(3)(a) "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 land development regulations after satisfying notice, due process,
and hearing requirements.? In addition, State law requires PUD's to be consistent with
comprehensive plans: "(A PIJD approval must require) a finding by the county or municipality
that such plan is in general conformity with any master plan or comprehensive plan for the
county or municipality." (C.R.S., Section 24- 67- 104(f))
For context, Staff has 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 and use codes. In sum, all
municipalities within the County as well as similar counties have language in their land use codes that
require that staff, applicants, planning commissions and councils /trustees /boards to evaluate the
"consistency" of a land use application /decision with 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 formai 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, land use, or
other special plans as may be adopted by the town council.
■ 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
2
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; k, lc.t._ 6. in--p w
• 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.
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.
OPTIONS TO CONSIDER
The Board of County Commissioners has expressed a desire to preserve sufficient flexibility in the
decision - making process. Staff acknowledges that flexibility is important but that predictability should
also be preserved recognizing that ultimate flexibility is not predicable. With this in mind, the BOCC has
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several options to consider in reviewing/modifying the language in the ULUR that asks for "adherence"
to the plan:
1) Code: Retain current code language that requires "adherence" to the Plan for all land
use decisions
Application: Continue to require all land use change permits to comply with the Plan
2) Code: Remove all reference to the Comprehensive Plan
Application: Apply the Plan only where the C.R.S. requires
3) Code: Remove all reference to the Comprehensive Plan except where C.R.S. requires
conformity
Application: Apply the Plan only where the C.R.S. requires
Code: Modify language in the Code in regards to "adherence to following the Plan
Application: Apply the Plan where C.R.S 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 Tight of goals and policies of the Plan...
PROCESS
Any modification to the ULUR requires following Section 4 -202 of the adopted ULUR. In summary, this
process includes a review and recommendation during a Planning Commission public hearing and a
subsequent BOCC public hearing and a final action. Staff recommends the BOCC provide direction to
staff in regards to the "Options to Consider," as listed above, as well as the specific modifications to the
language, if any, desired by the BOCC. Pending this directinStaff will provide notice and set the text
amendment hearing for the next available Planning Commission meeting.
Process Overview:
Staff Presents
Overview and
Alternatives to
BOCC
BOCC provides
direction, Initiates
Text Amendment to
ULUR
Planning
Commission
Hearing, Review,
and
Recommendation
BOCC Hearing,
Review and Action
4
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UNIFIED LAND USE CODE OF 2008
COMPREHENSIVE PLAN REFERENCES
EOD 12/03/10 X16 A4u-- AW4-
; --fie, .
CODE SECTION
PAGE
NUMBER
TITLE OF SECTION
REFERENCE
TO
AMENDMENT
COMMENTS
GENERAL
ADMINISTRATION
1 -107A
1 -3
Implementation of
Comprehensive Plan
NONE
Requires enactment, amendment and
administration of the Land Use
Code in accordance with, and shall
serve to implement, the goals and
policies of the Garfield County
Comprehensive Plan.
1 -301B2
1 -9
Powers and Duties
Under Provisions of
This Land Use Code
NONE
Authorizes the BOCC to take action
not delegated to the Planning
Commission, BOA, or Director as
the BOCC deems desirable and
necessary to implement provisions
of the Comprehensive Plan and this
Land Use Code.
1-302B1
1 -10
Powers and Duties of
Planning Commission
YES
Indicates Planning Commission is
responsible for development and
adoption of the Comprehensive Plan
"and any amendments to that Plan"
1 -302B2
Reso 2010-
75
Powers and Duties of
Planning Commission
NO
Planning Commission is responsible
for reviewing the location and
extent of public utilities,
structures, or uses to determine
conformity with the Comprehensive
Plan.
C.R.S. §30- 28- 110(1)(a) (When
county has adopted a master plan
(9 O' cam-
19,A Z � � � +v-€ C uk- ?
public structures and spaces must
be submitted to and approved by
the Planning Commission.)
. ZONING:;
3 -102D
3 -4
View Protection
Overlay
NONE
The Protection Overlay purpose is
to promote development that is
consistent with stated goals for
development in the established
view corridor pursuant to the
Comprehensive Plan
APPLICATION AND
REVIEW'
PROCEDURES
4 -201C
4 -28
Rezoning Criteria
"Compliance with
Comprehensive Plan and
Intergovernmental
Agreements"
YES
Includes language "the proposed
rezoning is in compliance with the.
Comprehensive Plan... or an
amendment to the Comprehensive
Plan approved prior to filing a
rezoning request."
4- 202B8a
4 -31
Criteria for Approval
of Amendments to Text
of Land Use Code/
Compliance with
Comprehensive Plan and
Intergovernmental
Agreements
YES
Includes language that amendment
must be consistent with the
Garfield County Comprehensive Plan
"or an approved amendment to the
Comprehensive Plan prior to the
decision on the text change."
DIVISIONS OF
LAND
5 -406G
5 -27
Garfield County
Exemption Criteria/
Compliance with
Comprehensive Plan and
Intergovernmental
Agreements
NONE
Requires that any proposed
exemption be "consistent with
applicable provisions of the
Garfield County Comprehensive
Plan."
PLANNED .UNI7..
DEVELOPMENT
6 -101B
6 -1
Conformity with the
Comprehensive Plan and
Intergovernmental
Agreements
NONE
"The PUD shall conform to the
County's Comprehensive Plan..."
C.R.S. § 24 -67 -104 (Requires a
finding by the county that the PUD
is in "general conformity" with
any master plan or comprehensive
plan for the county).
6 -10104
6 -2
Permitted Uses
NONE
Permitted uses in PUD include
those that "are consistent with
the Comprehensive Plan."
6-202E8b(2)
6 -8
Extension of Approval
"of PUD"
NONE
Criteria for extension of the PUD
approval includes a finding that
there has been no change or
proposed change in the Code, or
the Comprehensive Plan that would
substantially affect the proposed.
development.
6- 301C9e
6 -16
.PUD Written
Description
NONE
Written description requires
information. concerning "compliance
with the Comprehensive Plan ".
6- 301C10a
6 -17
PUD Development Guide
NONE
Requires the PUD Guide to comply
with goals and policies of the
Comprehensive Plan..
STANDARDS:
7 -102
7-1
General Approval
Standards for Land Use
Change Permits/ -
Compliance with
Comprehensive Plan
NONE
Any land use change must be
"consistent with" applicable
provisions of the Garfield County
Comprehensive Plan.
7-307A8
7 -49
Roadway Standards/
Comprehensive Plan
NONE
Road systems shall be in
conformance with applicable
provisions of the Comprehensive
Plan.
7-405C2b
7 -59
Standards for Public
Sites and Open Space/
Park Dedication
NONE
Criteria for determining
appropriateness of dedication
includes compliance with
applicable provisions of the
Comprehensive Plan.
7 -50IA
7 -63
Standards for
Conservation
Subdivision
Development/ Density
YES
Requires compliance with densities
and land use policies in the
Comprehensive Plan but includes
specifically "Development Plans
which propose a density higher
than what is designated may
require amendments to the
Comprehensive Plan in, order to
achieve conformity with the
Comprehensive Plan."
7 -703
7 -78
Standards Within View
Protection Overlay
NONE
Refers to the established view
corridor identified in the
Comprehensive Plan.
7 -8151
7 -123
Additional Standards
Applicable to
Pipelines/ Reclamation
Plan
NONE
Planning Director can approve an
alternative reclamation plan if in
harmony with the grants of
Comprehensive Plan.
AFFORDABLE
HOUSING,
8- 1018(1)
8 -1
Affordable Housing/
Purpose/
Implementation of
Comprehensive Plan
Goals
NONE
Refers to the Housing Goals,
Objectives, Policies and Programs
of the Comprehensive Plan to be
implemented through this Article.
Refers only to study areas 1A, 13,
2 and 3.
8 -102
8 -2
Affordable Housing/
Applicability
NONE
Refers to Comprehensive Plan Areas
"thru 5 ". Needs to be amended to
say 1 thru 5.
8- 201A6b
8 -3
Affordable Housing/
Secured by Ratios for
Permit Issuance
NONE
Refers to Comprehensive Plan Study
Areas 1 thru 5.
AREAS.': AND
ACTTVSTES OF
STATE ''INTEREST
14 -105
14 -105A
14 -3
Areas and Activities
of State Interests/
Interpretation With
Comprehensive Plan
NONE
When inconsistent, more
restrictive standard controls.
14 -303B4
14 -13
Designation/ Matters
to be Considered at
Designation Hearing
NONE
Includes "applicable policies of
the Comprehensive Plan."
14 -501C4
19 -26
Submittal
Requirements/
Compatibility with
Comprehensive Plan'
NONE
Includes language that the Project
must be "compatible with" the
Comprehensive Plan.
14 -601E
14 -42
"Consistent Sit Plans"
"Sit" Needs to be
Amended.
NONE
Project will be consistent "with
applicable comprehensive plans and
master plans. "[lower case in
original]
14 -602B1
14 -44
Site Selection of
Transit Facilities
NONE
Must be located "in conformance
with the County Comprehensive
Plan."
C.R.S. § §24 -65.1- 202(5)(d),
204(4)(a) (Rapid or mass transit
terminals, stations, or guideways
shall be located in conformance
with any applicable master plan)
14 -603B
14 -46
Site Selection for
Highways
NONE
The site selected shall "conform
with the County Comprehensive
Plan."
DEFINITIONS
16 16
16 -19
Definition of Garfield
NONE
"Means the Document adopted by the
County Comprehensive
Plan
Planning Commission and certified
to the Board of County
Commissioners pursuant to the
provisions of Sections 30 -28 -106,
30 -28 -107, 30 -28 -108 and 30 -28-
109."
C.R.S. § 30- 28- 106(3)(a) "The
master plan of a county or region
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 or
region's adopted subdivision,
zoning, platting, planned unit
development, or other similar land
development regulations after
satisfying notice, due process,
and hearing requirements for
legislative or quasi - judicial
processes as appropriate."
My Files/PLAN/DQ memos /'fable- Unified Land Use Code of 2008
B. The Board of County Commissioners shall hold a public hearing to consider the application and to
take final action thereon. In making a decision on the proposed Change of Zone, the Board of County
Commissioners shall consider the recommendation of the Planning Commission, and from the facts
presented at the public hearing and the information contained in the official record which includes the
Department of Planning Services case file, the Board of County Commissioners shall approve the request
for the Change of Zone only if it finds that the applicant has met the standards or conditions of
Paragraphs 1 through 5 below and Section 23 -2 -50. The applicant has the burden of proof to show that
the standards and conditions of Paragraphs 1 through 5 below and Section 23 -2 -50 are met. The
applicant shall demonstrate:
1. That the proposal is consistent with the policies of Chapter 22 of this Code; if not, then that the
zoning of the property under consideration is faulty, or that changing conditions in the area warrant a
Change of Zone.
Town of Parachute
B. Review Criteria: 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:
5. Compatibility of the proposed use and the site plan with the Parachute Plan;
and
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8
Section 2: Statement of Purpose
The Rio Blanco County Land Use Resolution is intended to serve and promote the health, safety, comfort
and general welfare of its citizens. The goal of this resolution is to inform citizens regarding possible
flood, geological and environmental hazards and to assist with planning and development through
consistent policy. It is also intended to create zoning districts sensitive to the needs of the residents
while protecting and enhancing the values of the county. 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:
1. Lessening of congestion in the streets or roads;
2. Reducing the waste of excessive amounts of roads;
3. Securing safety from fire, floodwaters, and other dangers;
4. Providing adequate light and air;
5. Classification of land uses and distribution of land development and utilization;
6. Protection of the tax base;
7. Securing economy in governmental expenditures;
8. Fostering the county's agricultural and other industries;
9. Protection of both urban and non -urban development;
10. Conforming to the adopted comprehensive master plans for the physical development of the
unincorporated territory of the county;
11. Implementation of Rio Blanco County Land Development Standards.
Delta County
Article II
Section 1 General Provisions
1.1 Intent
The intent of the general procedures for review and approval of a standard subdivision is to assure:
A. Compliance with the requirements of the Delta county Subdivision Regulations and
subdivision standards;
B. Compliance with the Delta County Master Plan
C. Timely notification of adjacent property owners and appropriate agencies concerning
proposed subdivision and scheduled hearings /meetings;
D. Compliance with state law relating to subdivision review, platting and surveying;
E. Compliance with Delta County Engineering Specification , Delta County Health Department
Regulations and state law concerning new roads, drainage and water run -off and storage.
Weld County
CHAPTER 22: Comprehensive Plan
Sec. 23 -2 -40. Duties of Board of County Commissioners.
A. The Board of County Commissioners shall:
B. is consistent with review agency comments; and
C. is consistent with applicable intergovernmental agreements between the County and other entities.
Larimer County
On website home page
Larimer County Land Use Code
The Land Use Code is the second phase of the PLUS system. The Master Plan, which was adopted in
November, 1997, gives the policy direction for land use decisions in the County and the Land Use Code
provides the rules and processes to carry out the Plan policies.
12.3.1. - Purpose of code.]
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. The master plan includes the
comprehensive parks master plan, the plan for the region between Fort Collins and Loveland,
the Laporte Area Land Use Plan, the Fossil Creek Reservoir Area Plan, the transportation plan
and other plans that the planning commission may adopt. More specifically, this code is
intended to:
A.
Provide for the physical development of the county in order to:
1.
2.
3.
Preserve the character and quality of rural and urban areas;
Foster convenient, harmonious and workable relationships among land
uses; and
Achieve the principles and strategies described in the master plan.
4.4.4. - Review criteria for zone or overlay zone district boundary or zone designation changes.
To approve an amendment to the zoning district boundaries, overlay district boundaries
or zone designation of a parcel on the official zoning map, the county commissioners must
consider the following review criteria and find that each criterion has been met or determined
to be inapplicable:
A.
The proposed change is consistent with the master plan;
Rio Blanco County
6
Current Language in ULUR
Zoning vs. the Comprehensive Plan in Garfield County
Garfield County gives special importance to its comprehensive plan by requiring that land use decisions
be consistent with the comprehensive plan. The Garfield Unified Land Use Resolution (ULUR) adopted in
2008 states: "Enactment, amendment and administration of this Land Use Code shall be in accordance
with and shall serve to implement the goals and policies of the Garfield County Comprehensive Plan."
(ULUR Section 1 -107, A) And further, one of the criteria for rezoning approval is: "The proposed rezoning
is in compliance with the comprehensive plan and any applicable intergovernmental agreement affecting
land use or development or an amendment to the comprehensive plan approved prior to filing a rezoning
request." (ULUR, Section 4 -201, B, 4) And state law requires PUD's to be consistent with comprehensive
plans: "(A PUD approval must require] a finding by the county or municipality that such plan is in general
conformity with any master plan or comprehensive plan for the county or municipality /' (C.R.S., Section
24- 67- 104(f))
Mesa County
Section 1.5 Purpose [of Land Use Code]
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:
A. implement the purposes, goals, and policies of the Mesa County Master Plan;
B. promote predictability, consistency, and efficiency in the land development process for residents,
neighborhoods, businesses, and agricultural and development interests;
C. provide appropriate opportunities for participation and involvement in the development process by
all affected parties;
D. promote development that is consistent and compatible with that of the municipalities within Mesa
County within the joint municipal planning areas; and
E. be fair to all by giving due consideration to protecting private property rights, the rights of individuals,
and the rights of the community as a whole. In instances where an application to develop does not meet
all applicable criteria of this Code, and unique or special circumstances exist which would warrant the
approval of the application to develop, and provided the proposed development: (a) poses no threat to
health or safety; (b) provides for the mitigation of impacts to
In reviewing all applications the general approval criteria is as follows:
3.1.17 1 General Approval Criteria
In addition to specific approval criteria listed for each type of development review process, the Decision -
Making Body shall consider if the proposal:
A. complies with all applicable standards, provisions, and the Purposes (Section 1.5), of this Land
Development Code;
5