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HomeMy WebLinkAbout3.0 Staff Report BOCC 08.22.2011Type of Review: Public Hearing Text Amendment to the Unified Land Use Resolution of 2008, as Amended File No TXTP 6742 Applicant: Board of County Commissioners John Martin, Chair Staff: Tamra Allen, Long Range Planner Fred Jarman, Director of Building and Planning Date: August 22, 2011 List of Exhibits Submitted August 15, 2011 Exhibit A — Proof of Notification Exhibit B — Staff Report, dated August 15, 2011 Exhibit C — Attachment A, ULUR Comprehensive Plan References EOD 12/03/2010 Exhibit D —Town of Carbondale Letter, dated May 10, 2011 Exhibit E — Town of New Castle Letter, dated May 17, 2011 Exhibit F — Glenwood Springs Association of REALTORS Letter, dated July 21, 2011 Exhibit G — Charles and Penny. Donelan Letter, dated August 15, 2011 Submitted August 22, 2011 Exhibit H —Staff Report, dated August 22, 2011 Exhibit I — Attachment A with draft text amendment language Wed, Jun 15, 2011 6654175 Acct: 1008693 Phone: (970)945 -8212 E -Mail: Client: Caller: Tamra Allen 12:44:09 Ad Ticket #5 Name: Garfield County Building Address: 108 8th Street - Ste 401 City: Glenwood Springs Receipt State: CO Zip: 81601 a EXHIBIT Ad Name: 6654175A Editions: 8CTl8PIN1 Start: 06/23/11 Color: Copyline: rct Text Amend Pub Hearing Lines: 70 Depth: 5.85 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 35.42 Payment 0.00 Original Id: 0 Class: 0990 Stop: 06123/11 Issue 1 Rep: PI Legais cm. inn[ lya Pn,m u1 c n1y 44444 .4 1,.1 U.1YV1aUx.Ylke4161.E 2:03 h.0.0,10U.E Jli.l Ufa W. nbnr. 2:03 40.1014.4 lte1Ure G.lrh inc Er• +01 AfxamiORIMal Ii+fi ua fin. ra'J.!tMI A!A.. wart m..wy fn.. sa;tr v. aE✓ imrf 11..[. 4a rta 4.44 rt.Mflrr hW lM Cm 0.44:04 P1410 pap elriJrl De; aifitr .t n . 4.$h M .M a. 10. 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Eft, at JW/sA YQ11, F1 I.1, x 1,r 'r 00401.14004,{0440,1 • w 21,17., r.n.yran,.c a..n. e • Ad shown is not actual print size Ad ID 16654175 Date 106/15/2011 Time 112:41 PM PUBLIC tYIOTICE 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 Text Amendment Requested The Board of County Commissioners has requested to amend or modify those sections of the Land Use Code that specifically reference how the Comprehensive Plan 2030 should be addressed in making land use decisions. The following options will be considered: 1) Retain current code language that requires "ad- herence" to the Comprehensive Plan for 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 law (CRS). 3) Modify 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 and 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 and 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." All persons affected by the proposed text amendment are invited to appear and state their views, protests or support. If you cannot appear personally al such hearing, then you are urged to state your views by letter, as consideration will be given to 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 at 108 8th Street, 4th Floor, Garfield County Administration 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 15th day of August 2011, at 1:00 p.m. in the County Commissioners Meeting Room, Garfield County Administration Building. 108 8th Street. Glenwood Springs, Colorado. Published in the Citizen Telegram on June 23, 2011. [6654175] Ad shown is not actual print size PROJECT INFORMATION AND STAFF COMMENTS EXHIBIT l t3 TYPE OF REVIEW: Text Amendment to the Unified Land Use Resolution of 2008, as Amended (File No. TXTP 6742) APPLICANT: Board of County Commissioners John Martin, Chair STAFF: Tamra Allen, Long Range Planner DATE: August 15, 2011 L BACKGROUND — DESCRIPTION OF PROPOSAL A. The Board of County Commissioners (BOCC) requested on February 22, 2011, 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 that time, 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 —The Garfield County Comprehensive Plan 2030, adopted by the Planning Commission on November 10, 2010 states "[t]he 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 Tong -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." 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 require "conformity or compatibility" with the Plan. The 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." Neither the Plan nor the Unified Land Use Resolution (ULUR) currently requires compliance with 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): - 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 land 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 uses for which the Colorado State Law explicitly requires general conformity with the comprehensive plan. These land uses are: Location and Extent review (C.R.S § 30- 28- 110(1)(a)); PUDs (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 land use codes for various municipalities and counties. In sum, all municipalities within the County as well as similar counties have language in their land use code that requires 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 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 2 plan and any transportation, land use, or other special plans as maybe 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 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... 3 ■ 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, R 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 (letter 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 reviewed the following text amendment options at a May 18, 2011 public hearing. 4 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. VI. PLANNING COMMISSION RECOMMENDATION At the May 18, 2011 Planning Commission meeting, the Commission reviewed the request made by the applicant, took testimony from the public and voted unanimously to retain the current code language that 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." Planning Commissioners present for the public hearing included Phil Vaughn, Cheryl Chandler, Greg McKennis, John Kuersten, Michael Sullivan and Jock Jacober. 5 VII. Board of County Commissioner Action The Board should review the Planning Commission recommendation, take public and comment and make a final action to either retain, remove or modify the text of the ULUR in regards to the Comprehensive Plan. 6 ATTACHMENT A UNIFIED LAND USE CODE OF 2008 COMPREHENSIVE PLAN REFERENCES EOD 12/03/10 -s 2 CODE SECTION PAGE NUMBER TITLE OF SECTION REFERENCE 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 -30231 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 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 6 1191HX3 ATTACHMENT A 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- 2D2B8a 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 UNIT.' 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 -101C4 6 -2 Permitted Uses NONE Permitted uses in PUD include those that "are consistent with the Comprehensive Plan." 6- 202E6b (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 ATTACHMENT A 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 -99 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 -501A 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 -815I 7 -123 Additional Standards Applicable to Pipelines/ Reclamation Plan NONE Planning Director can approve an alternative reclamation plan it in harmony with the grants of Comprehensive Plan. AFORDABLE'HOUSING 8- 101B(1) 8 -1 Affordable Housing/ Purpose/ Implementation of Comprehensive Plan Coals 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, 1B, 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 ACrI ViTES OF STATE INTEREST .. ATTACHMENT A 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 14 -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. §524 -- 65.1- 202(5) (d), 204(4)1a) (P,apid or muss transit terminals, stations, or guideways shall be located in conformance with any applicable master plan) 14 -60313 14 -46 Site Selection for Highways NONE The site selected shall `conform with the County Comprehensive Plan." - DEFINITIONS • 16 16 -19 Definition of Garfield County Comprehensive Plan NONE "Means the Document adopted by the 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 recision 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 uni.t development, or otmher similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi - judicial processes as appropriate." 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: D EXHIBIT 0 1 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. 1 discussed the amendment with the Carbondale Planning and Zoning Commission at its April 28, 201 1 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 ALHIDITICALLY L01011A00 TOWN 01' NEW CASTLE P.O. Box 90 450 W. Main Street New Castle, CO 81647 ADMINISTRATION DEPARTMENT PHONE: 970- 984 -231 I FAX: 970- 984 -2716 www. newcastlecol orado.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, l Frank Breslin, Mayor, Town of New Castle 7 5 906) c.Fig- VY --7s e L\ . ti c�l ,ay'\ riv , ©11 "-216-? ll 'p✓, t5 1 °,'(- Pr-A1:-ar\ (;539--- &&)\1\\A) --/)(1p:;1 CAA aHp /c4v5N>r. (-4-c-).‘") REALTOR EXHIBIT Glenwood Springs Association of REALTORS® Board of County Commissioners Garfield County, Colorado 108 8th Street Glenwood Springs, CO 81601 July 21, 2011 Dear Commissioners Martin, Samson, & Jankovsky, On behalf of the Glenwood Springs Association of REALTORS? (GSAR), which represents nearly 250 REALTORS® and affiliates, we are writing to reiterate our support for making sure the 2030 Comprehensive Plan is an advisory document. A binding document will only further suppress development in Garfield County. As you know, the Condor decision, a state court case on comprehensive planning, cites.that "master plans are purely advisory documents absent (1) formal inclusion of sufficiently specific master plan provisions in a duly adopted land use regulation by a board of county commissioners or (2) a statutory directive from the General Assembly that landowners must comply with master plan provisions in pursuing land use development proposals." To comply with the Condor Decision, GSAR recommends you insert the following language on page 10 of the Comprehensive Plan, under "Zoning vs. the Comprehensive Plan in Garfield County": The Comprehensive Plan serves to guide development decisions in Garfield County and shall be advisory to the Garfield County Unified Land Use Regulations (GCULUR) and shall in all other respects be in compliance with Colorado State Statute with regard to master plans." GSAR stresses that our goal is to eliminate any ambiguity between the Comprehensive Plan and the Land Use Code where ever possible. GSAR recommends that if the BOCC wants the Comp Plan to be non- binding, it must remove any language that ties the Comp Plan to the land use code. If there is any binding language tying a provision of the land use code to the Comp Plan, it should be specific and narrowly focused. We appreciate your thoughtful work on county documents to show that the county is "open for business ". Making the Comprehensive Plan non- binding is one step towards the county being more business friendly. If you have any questions regarding our position, please contact Sarah Thorsteinson, GSAR Government Affairs Director, at 970 - 393 -3939 or sarah@coloradoREALTORS.com. Thank you for your consideration. Sincerely, dtbili52416(my.) Debbie Sanderson 20I1 Chair, Glenwood Springs Association of REALTORS 2520 S. Grand Avenue, Suite 108, Glenwood Springs, CO 81601 Phone 970 -945 -9762 Fax 970 - 945 -4769 50. d 1G� S o d ,,,„, Qv Q c5 . v— o Z� C��JA ) cr [h6v.'h0mF DG-rl Clit.ret Cwt G`� r6r) csw—r-v (0 ( (r) c- © -'sue 3 Co rho-) s 1 Yom- �� paw" �; r✓ �> — OUC�,,r�� r, �k f) d ()NS ° G3 }+ ,r1-4\--119 t -iliC + Q ciM k ��!% �, ,y ei c, of ✓Z. 14- �j ,j�,iC L . (inf., ude---4 - 7., '° C" J---- ctL L 8, (I .1 WG.'1 } (tiv". e‘ 1 -z-T_. t U Cam- 07- � io� . ;611' .0 e",f'f _ Ek,_,1/7 tA9111 A aGtr 4 nd ec,, ,) cro ci s . lit& C 46r:i---- P . MAug 15 11 09:48a • ■ ■ TO: Garfield Board of County Commissioners FROM: Charles and Penny Donelan 9709455343 EXHIBIT Fax 945 -7785 SUBJECT: August 15, 2011 Public hearing to amend or modify county land use regulations The Garfield County Comprehensive Plan is of great importance to all county res Bents who think their.quality of living is protected by the present land use regulations. Should this pr 1) make the comprehensive plan "advisory only" pass, the county commissioners now and in the future will have the power to determine the fate •f our community. "these decisions should not be left in the hands of a mere 2- 3 peopl • and change with each election. We oppose any amendments that would allow county commissioners to make 1. nd use decisions without conforming to the existing comprehensive plan. The BOCC sh • uld represent its entire electorate (including Garfield county residents) and limitth: power of the BOCC to have complete power to represent special interest groups. Please include this letter in the August 15, 2011 public hearing. Thank you. Charles and Penny Donelan EXHIBIT PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Text Amendment to the Unified Land Use Resolution of 2008, as Amended (File No. TXTP 6742) APPLICANT: Board of County Commissioners John Martin, Chair STAFF: Tamra Allen, Long Range Planner Fred Jarman, Director of Building and Planning DATE: August 22, 2011 I. BACKGROUND The Board of County Commissioners (BOCC) voted on August 15, 2011 to modify Section 1- 107A of the ULUR in regards to the advisory nature of the Comprehensive Plan. Multiple other sections of the ULUR also reference the need for compliance, conformance, adherence, etc to the Plan. Staff has prepared a table constructed from the original Exhibit C, with draft revisions to consider for the remaining sections of the ULUR. These draft revisions attempt to reflect the intent of the BOCC direction from the August 15th meeting by acknowledging the Plan is only an advisory document. II. RECOMMENDATIONS Staff recommends the BOCC review each code section, as provided in the Table (Exhibit H), and decide if the draft language is acceptable in meeting the intent of the proposed text amendment. Upon review, the BOCC should motion to approve or approve with modifications the changes to the ULUR as provided in the table. In addition, the BOCC should motion to approve any code reformatting that will be resultant and necessary. III. SUBSEQUENT ACTION Pending approval of the text amendments via a motion, Staff will prepare a resolution with all accepted text changes and place the resolution on the forthcoming public meeting agenda for final adoption and incorporation in the ULUR 2008, as amended. Attachment A Updated to Reflect Proposed Revisions to the Unified Land Use Resolution of 2008 EXHIBIT b I CODE SECTION PAGE NUMBER TITLE OF SECTION CODE TEXT PROPOSED CHANGE GENERAL ADMINISTRATION 1 -107A 1 -3 Implementation of Comprehensive Plan Implementation of Comprehensive Plan. 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. Modify text as follows: Draft: Implementation Comprehensive Plan. Enactment, of - - - - _ _ .. _ - - ._ _ .. _ _- t implement the €ccorea -cc with and shall serve goals and the Garfield County Comprehensive Plan. Except policies of as otherwise provided by law, the Comprehensive Plan serves as a guide and is advisory regarding land use in Garfield County. 1 -301B2 1 -8 Powers and Duties Under Provisions of This Land Use Code Powers and Duties under Provisions of This Land Use Code. In addition to authority granted to the Board of County Commissioners by general or special law, the Board has authority to take such other action not delegated to the Planning Commission, the Board of Adjustment or the Director, as the Board of County Commissioners may deem desirable and necessary to implement the provisions of the Comprehensive Plan and this Land Use Code. Retain current language 1 -302B1 1 -9 Powers and Duties of Planning Commission Powers and Duties The Planning Commission is responsible for the development and adoption of the Comprehensive Plan and any amendments to that Plan. ** C.R.S. § 30 -28- 106(1) (It is the duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county.) Retain current language. 1 -302B2 1 -9 Powers and Duties of Planning Commission The Planning Commission is responsible for reviewing the location and extent of public or quasi - public utilities, structures or uses proposed to be located in the unincorporated area of the County to determine whether they are in conformance with the Comprehensive Plan. See Section 4 -112 for process and 7 -102 for standards. (Resolution 2010 -75). * *C.R.S. §30- 28- 110(1)(a) (When county has adopted a master plan public structures and spaces must be submitted to and approved by the Planning Commission.) Retain current language. ZONING 3 -102D 3 -3 and 4 View Protection Overlay View Protection Overlay 1. Purpose. The purpose of the View Protection Overlay is to promote development that is consistent with stated goals for development in the established view corridor pursuant to the Comprehensive Plan. 2. Boundaries and Jurisdiction. Maps establishing the View Protection Overlay District are incorporated herein, pursuant to Section 1 -109, Incorporation and Interpretation of Maps of Article I. Omit. There is no longer a view protection Map in 2030 comp plan. Need to delete overlay section altogether. Will need to omit section 3 -102 as part of code revision. APPLICATION AND REVIEW PROCEDURES Attachment A Updated to Reflect Proposed Revisions to the Unified Land Use Resolution of 2008 4 -201B4 4 -36 Rezoning Criteria "Compliance with Comprehensive Plan and Intergovernmental Agreements" Compliance with Comprehensive Plan and Intergovernmental Agreements. 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. Modify text as follows: Draft: Conformity. Compliance Plan with -Comprehensive and Intergovernmental Agreements. The is in proposed rezoning general conformance comp---i ncc with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. Comprchcnsivc Plan to filing approved prior a rezoning request. 4- 202A8a 4 -38 Criteria for Approval of Amendments to Text of Land Use Code/ Compliance with Comprehensive Plan and Intergovernmental Agreements 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. Omit reference to Comprehensive Plan. Modify text as follows: Draft: Compliance Comprehensive Plan Intcrgovcrnmcntal with and Agreements. The text is in proposed amendment compliance the Carficld County consistent with applicable provisions of Comprehensive Plan intergovernmental and any applicable land development agreements affecti-ng use or or an approved to the Comprehensive Plan to the decision the amendment prior on text change. 4 -402A5 4 -46 Fiscal Impact Analysis Requirements "Scope of Activities" Demonstration of consistency with local land use plans Omit. DIVISIONS OF LAND 5 -406G 5 -22 Garfield County Exemption Criteria/ Compliance with Comprehensive Plan and Intergovernmental Agreements Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. Omit. This section is duplicative to Section 7 -102 in requiring general conformance for all subdivisions of land. PLANNED UNIT DEVELOPMENT 6 -101B 6 -1 Conformity with the Comprehensive Plan and Intergovernmental Agreements Conformity with the County Comprehensive Plan and Intergovernmental Agreements. The PUD shall conform to the County's Comprehensive Plan and applicable intergovernmental agreements. ** 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). Modify text as follows: Draft: Conformity. Conformance the County Comprehensive with Plan Intcrgovcrnmcntal Agreements. and The PUD be in the to the shall general conformance with conform County's Comprehensive Plan in and compliance with any applicable intergovernmental agreement. 6 -101C4 6 -1 Permitted Uses Permitted Uses. All uses that are permitted in the underlying zone district where the PUD is located and any other uses that are consistent with the Comprehensive Plan may be permitted in a PUD. Modify text as follows: Draft: Permitted Uses. All uses that are permitted in the underlying zone district where the PUD is located and any other that in the uses are general conformance eonaiatent with Comprehensive Plan may be permitted in a PUD. 6- 201D10a(2) 6 -5 Extension of Approval Changes in the character of the neighborhood or changes in the Land Use Code or Comprehensive Plan which have occurred since approval of the preliminary plan, and the effect of such changes on the proposed development. Retain. 6- 301C4e 6 -13 PUD Written Description Compliance with the Comprehensive Plan. Modify text as follows: Draft: Compliance General the Comprehensive conformance with Plan. 2 1 P a g e Attachment A Updated to Reflect Proposed Revisions to the Unified Land Use Resolution of 2008 6- 301C10a 6 -13 PUD Development Guide Provisions established by the PUD Development Guide shall comply with goals and policies of the Comprehensive Plan and any intergovernmental agreement affecting land use or development. Modify text as follows: Draft: Provisions established by the PUD Development Guide shall be in the general conformance comply with goals and policies of Comprehensive Plan and comply with any applicable intergovernmental land devcl agreement. affecting use or pment. STANDARDS 7 -102 7 -1 General Approval Standards for Land Use Change Permits/ Compliance with Comprehensive Plan The land use change is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that applies to the area where the use will occur. Modify text as follows: Draft: The land use change is in general conformance with the ' -- - -- _- _-_ -- �. Comprehensive Plan and complies with any applicable intergovernmental agreement. between the County and a that to thc municipality applies thc arca where uac will ccur. 7 -307A8 7 -91 Roadway Standards/ Comprehensive Plan Comprehensive Plan and Intergovernmental Agreements. The road system shall be in conformance with applicable provisions of the Comprehensive Plan and intergovernmental agreements with adjoining municipalities a. The applicant may be required to make necessary improvements to the impacted roads as a condition of plat approval. Omit. 7- 405C2b 7 -59 Standards for Public Sites and Open Space/ Park Dedication Compliance with applicable provisions of the Comprehensive Plan and intergovernmental agreements with adjoining municipalities. Omit. 7-501A 7 -59 Standards for Conservation Subdivision Development/ Density Density. For the purposes of this code, densities proposed in either the Density Neutral Development Plan or the Increased Density Development Plan shall be determined by the maximum of lots that can practicably be created within the confines of the minimum lot size of the underlying zone district for a particular parcel of land as demonstrated in the Yield Plan. However, as with all Major Subdivisions, the proposal also shall be required to demonstrate general compliance with the densities and land use policies of the County's Comprehensive Plan. 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. Modify text as follows: Draft: Density. For the purposes of this code, densities proposed in either the Density Neutral Development Plan or the Increased Density Development Plan shall be determined by the maximum of lots that can practicably be created within the confines of the minimum lot size of the underlying zone district for a particular parcel of land as demonstrated in the Yield Plan. However, Maj Subdivioiona, the ao with all r proposal be to demonstrate also shall required general compliance with the densities land the County's and use policies of Comprchcnsivc Plan. Development Plans density which propose a higher than is designated to tho what may require amendments Comprchcnsivc Plan in to the rdcr achieve conformity with Comprchcnsivc t'lan. 7 -602A 7 -65 In conformance with Article VIII Affordable Housing, Section 8 -102, Applicability, the requirements for affordable housing shall apply to land use change applications in Garfield County for 15% of the lots proposed in a development for five (5) or more units in Comprehensive Plan Areas One (1) through Five (5). In computing this requirement, any fraction of a unit less than .50 will be rounded down. The Comprehensive Plan of 2030 no longer divides the County into Plan Areas for purposes of Affordable Housing. Modify text as follows: Draft: In conformance with Article VIII Affordable housing, Section 8 -102, Applicability, the requirements for affordable housing shall apply to land use change applications in Garfield County for 15% of the lots proposed in a development for five in Comprchcnsivc Plan Arcaa One through (5) or more units (1) Five (5). In this fraction computing requirement, any of a unit less than .50 will be rounded down. 7- 602A1a 7 -65 The affordable housing exemption shall apply to land use change applications in Garfield County for ten (10) or fewer lots in Comprehensive Plan Areas One (1) through Same comment as above. Modify text as follows: Draft: The affordable housing exemption shall apply to land use 3 1 P a g e Attachment A Updated to Reflect Proposed Revisions to the Unified Land Use Resolution of 2008 4 1 Page Five (5); change applications in Garfield County for ten (10) or fewer lots in Comprehensive Plan Areas Owe through Five (5); (4) 7 -703 7 -71 Standards Within View Protection Overlay Development shall be located in such a manner that minimizes the visual impact of associated structures along the skyline at the crest of the ridge from an established view corridor identified in the Comprehensive Plan Omit. This Overlay was not carried forward into the 2030 Comp plan. Insert additional text as follows: Section 7 -703 [This Section intentionally omitted.) 7 -815I 7 -123 Additional Standards Applicable to Pipelines/ Reclamation Plan The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recontouring and revegetation of the surface to pre- disturbance conditions. The Planning Director may also approve a plan for an alternative post disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan Omit reference to Comprehensive Plan as follows: Draft: The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recontouring and revegetation of the surface to pre - disturbance conditions. The Planning Director may also approve a plan for an alternative post disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land the Comprehensive Plan uses. and AFFORDABLE HOUSING 8- 1018(1) 8 -1 Affordable Housing/ Purpose/ Implementation of Comprehensive Plan Goals Implementation of Comprehensive Plan Goals and Objectives. The Housing Goals, Objectives, Policies and Programs of the Garfield County Comprehensive Plan for Study Areas 1 - 5 shall be implemented through the affordable housing unit requirements set forth in this Article Omit 8- 201A7b 8 -2 and 3 Affordable Housing/ Secured by Ratios for Permit Issuance Secured by Ratios for Permit Issuance. Provisions in the adopted Affordable Housing Agreement which require that building permits for ten (10) free- market houses may only be issued after a building permit for one affordable housing unit has been issued in Comprehensive Plan Study Areas 1 thru 5. Modify text as follows: Draft: Secured by Ratios for Permit Issuance. Provisions in the adopted Affordable Housing Agreement which require that building permits for ten (10) free- market houses may only be issued after a building permit for one affordable housing unit has been issued. in Comprehensive Plan Study lrcas 1 thru 5. AREAS AND ACTIVITES OF STATE INTEREST 14 -105A 14 -2 and 3 Areas and Activities of State Interests/ Interpretation With Comprehensive Plan Enactments, Intergovernmental Agreements and Comprehensive Plan. Whenever the provisions of these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, intergovernmental agreement or the Comprehensive Plan, the enactment imposing the more restrictive standards or requirements shall control. Modify language as follows: Draft: enactments1 and Intergovernmental Agreements and Comprehensive Plan. Whenever the provisions of these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, intergovernmental agreement or the Comprehensive Plan, the enactment imposing the more restrictive standards or requirements shall control. 14 -303B4 14 -12 Designation Matters to be Considered at Designation Hearing. [...] (4) Applicable policies of the Comprehensive Plan. Modify text as follows: Draft: Applicable the Comprehensive Plan. Conformity policies of with the Comprehensive Plan. 14 -501C4 14 -24 Submittal Requirements/ Compatibility with Comprehensive Plan Compatibility with Comprehensive Plan. Evidence that demonstrates that the Proposed Project is compatible with the Comprehensive Plan, municipal master plans, and other applicable state or federal plans. Modify text as follows: Draft: Conformance Compatibility Comprehensive with Plan. Evidence that demonstrates that the Proposed Project is compatible in conformance with the Comprehensive Plan, municipal federal master plans, and any other applicable estate or plan &. 4 1 Page Attachment A Updated to Reflect Proposed Revisions to the Unified Land Use Resolution of 2008 14 -601E 14 -38 "Consistent Sit Plans" "Sit" Needs to be Amended. Consistent Sit Plans. The Proposed Project will be consistent with applicable comprehensive plans and master plans, and will encourage appropriate land uses. Modify text as follows: Draft: Consistent Consistency Site Plans. with The Proposed Project will be in conformance consistent with applicable the Comprehensive Plan &, municipal ee-4 master plans, other land and any applicable plan. will encourage appropriate uses. 14 -60281 14 -40 Site Selection of Transit Facilities Rapid or Mass Transit Facilities shall be located in conformance with the County Comprehensive Plan and with applicable municipal master plans. ** 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) Omit. Criteria References to Section 14 -6015 14-603B 14 -43 Site Selection for Highways Site Selection. Site selection for arterial highways, interchanges and collector highways. The site selected for the Proposed Project shall conform with the county Comprehensive Plan, municipal master plans, and regional or state plans. Omit. Criteria references to Section 14 -601E DEFINITIONS 16 16 -9 Definition of Comprehensive Plan Comprehensive Plan. See "Garfield County Comprehensive Plan." Modify text as follows: Draft: The master plan adopted by the Planning Commission and certified to the Board of County Commissioners pursuant to C.R.S. §§ 30 -28 -106, -107, -108 and -109. 16 16 -17 Definition of Garfield County Comprehensive Plan Garfield County Comprehensive Plan. (Also known as the Master Plan) Means the Document adopted by the 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. Omit. We have cleaned up all the different phrases used to refer to the Comprehensive Plan (e.g. "Garfield County Comprehensive Plan" "local land use plan" etc.). Now all references designate the "Comprehensive Plan." Therefore, the definitions can be simplified by removing the definition for "Garfield County Comprehensive Plan" and replacing it with an amended definition for "Comprehensive Plan." 5 1 Page